- What is a CalRecycle Jurisdiction Review?
- What is the legal basis for the CalRecycle Jurisdiction Review?
- Who must undergo a Jurisdiction Review?
- What is the difference between the annual report and the CalRecycle Jurisdiction Review?
- What does the CalRecycle look for in a Jurisdiction Review?
- What are the possible outcomes of a CalRecycle Jurisdiction Review?
- How can I prepare for my jurisdiction’s Review?
- Jurisdiction Review Reports
- Biennial/Jurisdiction Review Status Definitions
What Is a CalRecycle Jurisdiction Review?
CalRecycle has historically reviewed jurisdictions’ program implementation every two years. Legislation enacted in 2008 (SB 1016, Chapter 343, Statutes of 2008 [Wiggins, SB 1016]) codified CalRecycle’s historical approach by more explicitly focusing on program implementation, as well as implementing a simplified metric based on per-capita disposal and changing the frequency of some reviews. The law now states that the annual per capita disposal rate is not determinative of jurisdiction compliance, but is only one factor among several that CalRecycle will use to evaluate diversion program implementation.
CalRecycle Local Assistance and Market Development (LAMD) staff will continue to review the implementation of those local programs that the jurisdiction has chosen, to determine if the jurisdiction has met the requirements of AB 939 (known as the Integrated Waste Management Act [IWMA]). In doing this, CalRecycle will continue to rely on annual reports, staff jurisdiction visits and other information that the jurisdiction deems relevant to local program work.
Pursuant to SB 1016, CalRecycle will use each jurisdiction’s per capita disposal rate to determine which cycle, either a four-year or two-year cycle, each jurisdiction is in for the next Jurisdiction Review:
- For those jurisdictions that were below the 50 percent per-capita disposal target in 2009, but were approved as having made a good faith effort in the 2007-09 Jurisdiction Review, the next review cycle will be a two-year cycle. The Jurisdiction Review for these jurisdictions will be conducted in 2012 and will cover the program reporting years of 2010-2011.
- For those jurisdictions that were at or above a 50 percent diversion rate in 2006 (i.e., before the advent of the disposal-based system) and had implemented their programs and were approved by the Board (now CalRecycle) in the 2005-06 Biennial Review, they will be reviewed in the four-year Jurisdiction Review cycle. The next Jurisdiction Review cycle for these jurisdictions will be conducted in 2012 and will cover the reporting years of 2007-2011.
- Note: Due to implementation timing of the legislation, the 2007 reporting year is being included in the four-year Jurisdiction Review cycle.
- For any jurisdictions that form a new regional agency after 2008, they may be on a four-year or two-year review cycle depending on the individual jurisdiction’s CalRecycle review status. For example, if a new regional agency formed in 2008 and if one of the jurisdictions in the regional agency were deemed as being good faith effort in the 2005-06 Biennial Review, then the regional agency would be on a two-year cycle initially. Please contact your local assistance staff contact to discuss your particular regional agency review cycle. Also, note that jurisdictions, depending upon their achievement of the 50 percent equivalent per capita disposal target, can move between a two-year and four-year cycle.
- In January 2017, a memo from CalRecycle Director, Scott Smithline, was sent to all Jurisdiction and Annual Report Contacts outlining at any time Jurisdiction Reviews of Mandatory Commercial Recycling and Commercial Organics Recycling Programs due to the passage and implementation of AB 341 Chesbro (Chapter 476, Statutes of 2011) requiring statewide mandatory commercial recycling depending on the amount of waste businesses generate, AB 1826 Chesbro (Chapter 727, Statutes of 2014), requiring businesses to recycle their organic waste on and after April 1, 2016, depending on the amount of waste they generate per week.
What is the legal basis for CalRecycle’s Jurisdiction Review?
Who must undergo a Jurisdiction Review?
Per requirements of PRC Section 41825, every city, county and board-approved regional agency that files an annual report must undergo a CalRecycle Jurisdiction Review. CalRecycle may also review a jurisdiction’s performance more frequently than every two or four years if it chooses.
What is the difference between the annual report and the CalRecycle Jurisdiction Review?
By August 1 of each year, every city and county which does not belong to a regional agency, and each CalRecycle-approved regional agency, must prepare and submit an electronic annual report. The electronic annual report is that jurisdiction’s report of its waste diversion programs for the previous calendar year, and includes information about waste diversion programs implemented and discontinued, and the per capita disposal rate.
By contrast, the Jurisdiction Review is conducted by CalRecycle every two and four years and consists of an evaluation of each jurisdiction’s waste diversion performance based on documents filed by the jurisdiction, site visits, and other information described below. Local Assistance and Market Development staff conduct the review and present their recommendations to CalRecycle management regarding whether each jurisdiction is meeting its AB 939 requirements or not (see below for the possible outcomes of the review). This information is then presented at CalRecycle’s public monthly meeting. As a result of this review if Local Assistance and Market Development staff find a jurisdiction not to be implementing its programs and meeting or not meeting the 50 percent equivalent per capita disposal target, then CalRecycle’s Jurisdiction and Product Compliance unit conducts an independent review. If the jurisdiction is found not be implementing its programs, then the jurisdiction is recommended for a compliance order (see process below).
The Countywide Integrated Waste Management Plan (CIWMP) enforcement policy was prepared by CalRecycle staff and presented to CalRecycle’s Local Assistance and Planning Committee. Part I was approved on November 17, 1993. Part II was approved on February 14, 1995, and revised several times, most recently on June 11, 2015.
What does CalRecycle look for in a Jurisdiction Review?
The sources of information available to CalRecycle include, but are not limited to, the jurisdictions:
- Annual reports
- Site visits
- Source Reduction Recycling Element and Household Hazardous Waste Element
- Agenda items from previous years
- Disposal reporting information and information from haulers’ reports
- Petitions for time extensions or reduced diversion requirements
- CalRecycle correspondence
What are the possible outcomes of a CalRecycle Jurisdiction Review?
- Approval: CalRecycle approves the jurisdiction’s implementation of its solid waste planning documents, and its per capita disposal numbers as reported.
- “Good Faith” Approval: Even though the jurisdiction has not reached its 50 percent equivalent per capita disposal rate target, it has demonstrated commitment toward that end. Accordingly, CalRecycle approves the jurisdiction’s “good faith effort” to implement its solid waste planning documents, and its per capita disposal rate as reported.
- Compliance Order and Schedule: If CalRecycle finds that, based on past performance, a jurisdiction is not committed to reducing its waste, implementing its solid waste planning documents, or complying with the Act, then per PRC 41825 (including proper noticing and a public hearing), CalRecycle may order a specific schedule for achieving compliance with the Act. The order shall include specific steps for the local agency or regional agency to complete, including program changes and new programs. The Jurisdiction and Product Compliance unit and Local Assistance and Market Development staff work with the jurisdiction to develop a Local Implementation Plan. This plan identifies the specific programs and timelines for implementing the specified programs. Jurisdictions under a compliance order will be called back for additional review as dictated by the compliance schedule.
- Fine: A jurisdiction which fails to comply with a CalRecycle compliance order may be fined up to $10,000 per day until it implements its SRRE and HHWE and complies with the Act, according to PRC 41850 (a). The actual amount of a fine, the timing of a fine, and the conditions for avoiding a fine, are set at CalRecycle’s discretion.
How can I prepare for my jurisdiction’s Review?
Each year the Local Assistance and Market Development staff will conduct a site visit with you. The purpose of this site visit is for the staff to verify your jurisdiction’s program implementation, review any applicable data, and to discuss any assistance opportunities with you. The staff then compiles the information from the site visit in the Diversion Program System database. This database feeds information into the electronic annual report.
The staff will contact you at the time that the electronic annual report is released (typically in June of each year) to inform you about which program notes that they updated. This allows you to more efficiently complete your annual report. The information that staff receives from the site visit and that is then entered into the reporting system is key information for the Jurisdiction Review.
As Local Assistance and Market Development staff compiles information in preparation for the jurisdiction review, staff will keep you apprised of the status of the review and the timeline for the review. Please consult with your local assistance staff contact for assistance in preparing for the review.