Background for CIWMP Enforcement

Part I addresses adequacy content requirements of an element and plan, regulatory and statutory requirements, the submittal process, the evaluation process by local assistance staff, the approval and disapproval process and proposed methods to correct deficiencies. CalRecycle has statutory requirements under Public Resources Code (PRC) section 41813 to enforce the provisions of AB 939 if a local jurisdiction fails to submit an adequate element or plan. Administrative civil penalties of up to $10,000 per day may be imposed on local jurisdictions until the element or plan is submitted to CalRecycle and is deemed adequate or until the element or plan is implemented. Part I does not address the process and procedures CalRecycle will take against local jurisdictions who fail to implement and element or plan, or a CalRecycle-recommended process for dispute resolution. That discussion will be provided in Part II: “Failure to Implement a SRRE and HWWE.”

The purpose of Part I of the report is to develop a process and procedure which explains the analysis and criteria proposed to be used by staff that will determine an adequate or in adequate element or plan. This report includes a discussion of the following:

  1. Statutory and regulatory requirements.
  2. What is considered an adequate plan or element.
  3. What is considered an inadequate plan or element.
  4. How CalRecycle decides adequacy or inadequacy.
  5. What are the ramifications of an inadequate plan or element.
  6. What is the basis for any enforcement action for an inadequate plan or element.
  7. What is the responsibility of a local jurisdiction who has an inadequate plan or element.
  8. What is the mechanism for Notice of Approval or Deficiency by CalRecycle.
  9. What are the alternatives for local jurisdictions to achieve compliance.

In addition, the report contains the SRRE and NDFE schedule submittal process and the time frames for reviewing and approving, disapproving and amending the documents. The other two attachments are checklists used by staff during the review of the preliminary draft SRREs and SWGSs. These checklists contain the regulatory requirements of Title 14, Chapter 9, Articles 6.1 and 6.2, CCR sections 18722 through 18748. However, these checklists have been highlighted to show what regulatory requirements, as discussed in this report, staff are proposing to focus on to help determine an adequate element.

As a result of AB 440 (Sher), city, county and regional agency SRREs and Nondisposal Facility Elements (NDFE) are required to be submitted to CalRecycle in three phases; April 30 (144 SRREs and 144 NDFE), August 31 (145 SRREs and 145 NDFEs), and December 31, 1994 (218 SRREs and 218 NDFEs). The quantity of SRREs and NDFEs to be submitted during these time frames are based on the county’s projected remaining landfill capacity. The numbers of documents to be received are staff’s estimates based on Local Task Force landfill capacity projections.

CalRecycle must take action on the adequacy of a jurisdiction’s element within 120 days of receipt. local assistance staff and board staff will have approximately 90 days to review the elements, in order to make recommendations and present findings to the Committee and CalRecycle for approval or disapproval within the 120 day time period. AB 440 does not require the jurisdiction’s HHWEs, CSEs, nor CIWMPs to be submitted at the same time as the SRREs and NDFEs. AB 440 also requires each jurisdiction to submit a report by October 1, 1994, to CalRecycle on its progress in achieving diversion requirements. In turn, CalRecycle is required to compile the information in those status reports and to submit a summary of progress achieved by local jurisdictions in meeting the diversion requirements to the Legislature by January 1, 1995.

Existing state statute requires CalRecycle to determine whether an element or plan complies with the pertinent provisions of the PRC. These referenced statutes define the general provisions of AB 939, the requirements of SRREs, and plan preparation requirements of CIWMPs. State statute also requires CalRecycle to approve or disapprove a local jurisdiction’s element or plan. Therefore, there is a need for CalRecycle to establish guidelines for determining adequacy, and approval of notice of deficiencies of SRREs, HHWEs, NDFEs, CSEs and CIWMPs.

Preliminary SRREs and HHWEs were previously submitted to CalRecycle for review and comment by local assistance staff. In addition to CalRecycle staff review, these SRREs and HHWEs were submitted to applicable counties, adjacent cities, any association of regional governments and the Local Task Force for review and comment.

Local assistance staff analysis, review, and comments focused on the adequacy or inadequacy of statutory and regulatory requirements and a technical analysis of diversion programs selected to be implemented. Local Task Forces, in their review of SRREs and HHWEs, were required to consider the issues of regional concern and to indicate any areas of deficiencies. When final SRREs are submitted to CalRecycle in 1994, in addition to the criteria discussed in this report, Local assistance staff will also review the local assistance staff comment letters originally submitted to local jurisdictions to determine if deficiencies were responded to and corrected, and whether or not the Local Task Force issues were addressed and responded to by the local jurisdiction. Local assistance staff will also examine the documentation submitted with the SRRE to determine that the public participation and notice requirements, as well as local adoption of the SRRE occurred, that circulation of the preliminary and final SRRE for review occurred, and that the CEQA documentation has been complied with and meets the regulatory requirements.

As approved by the California Integrated Waste Management Board (now CalRecycle) on November 17, 1993.

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