Nondisposal Facility Element Update Guidelines, Effective Jan. 2012

Effective January 1, 2012, the process for amending an NDFE was changed to an update process pursuant to AB 341 (Chapter 4.5, Statutes of 2011, Chesbro, AB 341). The following are procedural guidelines for updating a Nondisposal Facility Element (NDFE) to identify the nondisposal facilities used by a jurisdiction to implement programs in its CalRecycle-approved Source Reduction and Recycling Element (SRRE).

Section I of the guidelines, “NDFEs and the Solid Waste Facility Permitting Process,” discusses what change would trigger the need for a NDFE update.

Section II discusses the five steps in the process, and includes a table showing the required contents (facility descriptions) for NDFEs.

Section I. NDFEs and the Solid Waste Facility Permitting Process

Part I. When must a jurisdiction update its Nondisposal Facility Element?

A jurisdiction should update its Nondisposal Facility Element (NDFE) when siting a new nondisposal facility within its jurisdiction that was not previously identified in its NDFE [or in the appropriate county’s Countywide Siting Element (CSE)]. This holds true for all nondisposal facilities that require a solid waste facility permit (SWFP)**, whether the facility is sited:

at an existing landfill or transfer station and included in the landfill’s/transfer station’s permit;
at the landfill or transfer station and has a separate permit; or
not at a landfill or transfer station and has a separate permit.

The jurisdiction siting the nondisposal facility should update its NDFE to include the new facility prior to CalRecycle concurring in the SWFP for the new facility. One step in the permitting process is a conformance finding, made first by the Local Enforcement Agency (LEA) for the county, and corroborated by staff in CalRecycle’s Jurisdiction Product and Compliance unit (JPCU) staff. A conformance finding is a verification that the location of a permitted disposal facility is identified in the appropriate County’s Siting Element (SE), or that a nondisposal facility is identified in the appropriate NDFE.

According to Public Resources Code (PRC) section 50001, no person shall establish or expand a solid waste disposal facility in a county unless the facility’s location is identified in a SE. Likewise, no person shall establish or expand a nondisposal facility within a jurisdiction unless the facility is identified in a jurisdiction’s NDFE.

When JPCU staff is requested by CalRecycle’s Permits Division to make a conformance finding related to a nondisposal facility, staff will look at the host jurisdiction’s NDFE or the applicable SE, or a jurisdiction’s NDFE or the applicable SE that is using the facility, to see if that facility is already identified in either document. If it is, staff will make the finding that the facility is in conformance, and no update to the NDFE will be necessary. However, if the nondisposal facility is not identified in either the NDFE or the SE, staff will make a finding that the proposed SWFP for that facility is not in conformance with the applicable planning document, and the NDFE will need to be updated.

For more information regarding when a conformance finding is necessary, and example scenarios see the LEA memo on conformance.

Resources and guidance for solid waste facility permit (SWFP) applicants and local enforcement agencies for determining if a proposed SWFP is in conformance with the NDFE are available at CalRecycle’s permit toolbox.

Section II. Steps for Updating a NDFE

Step 1: Prepare facility update which includes the following information:

Facility Name
Type of Facility
Location
Facility Capacity
Anticipated Diversion Rate (not needed for transfer stations that recover less than five percent of the incoming material)
Participating Jurisdictions

* Requirements for specific facility types can be found in Table 1 below or Title 14, California Code of Regulations (CCR), sections 18753 through 18754.5 (Reference: Public Resources Code (PRC) Section 41732 through 41733)

Step 2: Due to the change in amending NDFEs pursuant to AB 341 (Chapter 4.5, Statutes of 2011, Chesbro, AB 341) there are no longer specific regulatory requirements for public noticing or approval that a jurisdiction must follow, such as adopting the facility update by resolution at a public hearing, publicly noticing the change, etc. However, the jurisdiction should determine whether it needs to comply with any local public process requirements prior to submitting an update to CalRecycle.

Step 3: The jurisdiction shall provide the updated NDFE information to your CalRecycle Local Assistance and Market Development representative within 30 days of any change in information. This updated NDFE information may be submitted either electronically or hard copy.

Step 4: The jurisdiction shall also provide a copy of the updated NDFE information to the local task force. Note: Pursuant to AB 341 (Chapter 4.5, Statutes of 2011, Chesbro, AB 341) the update is not subject to review or comment by the local task force nor CalRecycle.

Step 5: CalRecycle upon receipt of the NDFE update shall append the updated information to the existing NDFE currently on file.

Table 1. Facility Types

Description of Nondisposal Facilities within a Jurisdiction	Description of Nondisposal Facilities outside a Jurisdiction	Description of Transfer Stations within a Jurisdiction	Description of Transfer Stations outside a Jurisdiction
For facilities that recover (for reuse or recycling) at least 5% of the total volume received		For facilities that recover (for reuse or recycling) less than 5% of the total volume of material received
*Name of facility	*Name of facility	Name of facility	Name of facility
Type of facility	Type of facility	N/A	N/A
Facility capacity	N/A	Facility capacity	N/A
N/A	Estimated amount of the waste the jurisdiction will transport to the facility	N/A	N/A
Anticipated diversion rate or expected diversion rate from the total amount of the waste that the facility receives	Anticipated diversion rate or expected diversion rate from the total amount of the waste that the facility receives	N/A	N/A
Participating jurisdictions	N/A	Participating jurisdictions	N/A
Location of facility	Location of facility	Location of facility	Location of facility
Facility location description**	N/A	Facility location description**	N/A
* Although current regulation does not require the name be supplied for these types of facilities, it is still recommended that they be included, for ease of use. ** Location may include: 1) facility address, or 2) description of the general area, (including land use, zoning, or other type of planning map). Note: NDFEs are exempt from the California Environmental Quality Act (CEQA) process.

If you have any questions regarding this information, please contact your Local assistance staff representative.

Resources

For more information contact: Local Assistance & Market Development, LAMD@calrecycle.ca.gov or (916) 341-6199.