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(a) The Siting Element shall demonstrate that there is a countywide or regionwide minimum of 15 years of combined permitted disposal capacity through existing or planned solid waste disposal and transformation facilities or through additional strategies.
(b) The Siting Element shall describe and identify the areas, numbers and types of new solid waste disposal and transformation facilities, as well as the expansion of existing solid waste disposal and transformation facilities necessary to provide a minimum of 15 years of combined permitted disposal capacity.
(c) If the requirements of subdivision (b) of this section cannot be demonstrated, then strategies shall be discussed for the transformation, disposal, or diversion of excess waste.
(d) The Siting Element shall include the items identified in sections 18755.1 through 18756.7 of this article.
(e) A "Siting Element" may be prepared by a regional agency when the regional agency is composed of two or more counties and all incorporated cities of those counties.
(f) For the purposes of this article, "countywide" shall be defined as including the incorporated cities within the county and the unincorporated areas of the county. For purposes of this article, "county" shall include the Board of Supervisors as the legislative and executive body of county government, and any designated agency responsible for solid waste management.
(g) For the purposes of this article, "regionwide" shall be defined as including the member agencies of the regional agency. For the purposes of this article, a "regional agency" shall be the governing entity created by a voluntary agreement between cities and counties for the purpose of complying with Part 2 of Division 30 of the Public Resources Code. A city or county which is a party to such an agreement shall be considered a "member agency" of the regional agency. A regional agency may authorize one district, as defined in subdivision (a) of Section 41821.2 of the Public Resources Code, to be included as a member of the regional agency.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40900, 40970-40972, 40977, 41700-41721.5, 41750.1 and 41821.2, Public Resources Code.
s 18755.1. Goals and Policies.
(a) The Local Task Force (LTF) shall develop goals, policies, and procedures to provide guidance to the county to prepare the Siting Element. Based upon this guidance, the Siting Element shall include a statement on the goals and policies established by the county.
(b) The LTFs of each county, which are member agencies of a regional agency formed pursuant to section 18776(b) of this chapter, shall develop goals, policies, and procedures to provide guidance to the regional agency to prepare the Siting Element. Based upon this guidance, the Siting Element shall include a statement on the goals and policies of the regional agency.
(c) The goals shall be consistent with the mandates of Public Resources Code section 40051. The goals shall describe the method for the environmentally safe disposal of solid waste generated within the boundaries of the county and regional agency.
(d) The policies shall specify any programs, regulatory ordinances, actions, or strategies that may be established to meet the goals described in subdivision (c) of this section and to assist in the siting of solid waste disposal facilities. An implementation schedule shall be included which identifies tasks necessary to achieve each selected goal.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40950(d), 41700 and 41701(a), Public Resources Code.
s 18755.3. Disposal Capacity Requirements.
(a) Each county and regional agency, with assistance from the Local Task Force, shall include documentation in the Siting Element of the following information:
(1) the January 1, 1990 disposal capacity in cubic yards and in tons established pursuant to CCR 18777(b);
(2) the existing disposal capacity in cubic yards and in tons in the year the Siting Element is prepared; and
(3) the disposal capacity in cubic yards and in tons in any year the Siting Element is revised.
(b) The anticipated disposal capacity needs shall be described in cubic yards and tons, on an annual basis and aggregated for a minimum 15-year period, beginning with the year in which the Siting Element is prepared, and any year the Siting Element is revised.
(c) Area(s) shall be selected where solid waste disposal facilities are envisioned to be expanded or sited and constructed for the purpose of meeting a required minimum of 15 years of combined permitted disposal capacity. Each county and regional agency shall consider the following in determining the areas where solid waste disposal facilities are planned to be expanded or sited and constructed:
(1) the total amount of solid waste generated, expressed in cubic yards and in tons for volumetric capacity for the required 15-year period;
(2) the existing remainder of combined permitted disposal capacity in cubic yards and in tons for the required 15-year period; and
(3) an estimation of the total disposal capacity in cubic yards and in tons needed to meet a minimum of 15 years of combined permitted disposal capacity.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41701(b), (c) and (d), and 41791, Public Resources Code.
s 18755.5. Description of Existing Solid Waste Disposal Facilities.
(a) The Siting Element shall include an identification of each permitted solid waste disposal facility located countywide and regionwide. The description shall include, but not be limited to, the following information for each facility:
(1) the name of the facility and the name of the facility owner and operator;
(2) the facility permit number, permit expiration date, date of last permit review, and an estimate of remaining site life, based on remaining disposal capacity;
(3) the maximum permitted daily and yearly rates of waste disposal, in tons and cubic yards;
(4) the average rate of daily waste receipt, in tons and cubic yards;
(5) the permitted types of wastes; and,
(6) the expected land use for any site being closed or phased out within the 15-year planning period.
(b) The Siting Element description shall include a map showing each existing permitted solid waste disposal facility countywide and regionwide. The map shall be drawn to scale and the scale legend included on the map sheet. The type of map may be a 7.5 or 15 minute USGS quadrangle.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 50001, Public Resources Code.
s 18756. Criteria for Establishing New or for Expanding Existing Solid Waste Disposal Facilities.
(a) To establish a new solid waste disposal facility or to expand an existing solid waste disposal facility, the county and regional agency shall describe the criteria to be used in the siting process for each facility. The criteria shall include, but not be limited to, a description of the major categories of Environmental Considerations, Environmental Impacts, Socioeconomic Considerations, Legal Considerations, and additional criteria as developed by the county, cities, regional agency and member agencies. The following are examples of criteria that may be considered within those major categories:
(1) Environmental Considerations (for example: geology and solids including faulting and seismicity, ground settlement, surface hydrology and ground water, quantity and quality of ground water, surface water, surface water contamination, drainage patterns, etc.);
(2) Environmental Impacts (for example: air quality including climatic and meteorological conditions and emissions, visibility, cultural resources including regional setting, inventory and significance, paleontological resources including inventory and significance, vegetation, and wildlife, etc.);
(3) Socioeconomic considerations (for example: transportation including local and regional transportation systems, highways and major roadway corridors, rail transportation and corridors, land use including regional and local land uses such as military use, mineral extraction, agriculture, recreation/tourism, compatibility with existing and future land uses, consistency with county general plan(s) and future post-closure uses, economic factors including estimates of development costs and operational costs, etc.);
(4) Legal considerations (for example: federal, state, and local minimum standards and permits, liabilities, and monitoring, etc.);
(5) Additional criteria as may be included by the county, cities, regional agency and member agencies approving the Siting Element.
(b) The Siting Element shall describe the process instituted countywide or regionwide to confirm that the criteria set forth in (a)(1-5) of this section are included as part of the solid waste disposal facility siting process.
(c) The countywide Siting Element shall be approved by the county and the cities as described in Public Resources Code section 41721. The regionwide Siting Element shall be approved by the regional agency as described in section 18783(c) of this chapter. The Siting Element shall include: a resolution from each jurisdiction and member agency approving or disapproving of the Siting Element or any proposed amendment to the element; and a record of any jurisdiction or member agency failing to act upon the Siting Element.
(d) No solid waste disposal facility in the Siting Element shall be established that does not satisfy the minimum criteria that are adopted in the Siting Element pursuant to section 18756(a) of this article.
(e) A solid waste disposal facility not described within the Siting Element shall not be established unless an amendment to the Siting Element has been approved identifying and describing the facility, and the date of its inclusion in the element pursuant to PRC section 41721.5.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41700, 41701, 41702, 41704 and 50001, Public Resources Code.
s 18756.1. Proposed Facility Location and Description.
(a) The Siting Element shall include a description of each proposed new solid waste disposal facility and a description of each proposed expansion of an existing solid waste disposal facility for each county and regional agency included in the Siting Element which complies with the criteria identified in Section 18756 of this article. The description shall include the type of facility, location, size, volumetric capacity of the facility expressed in cubic yards and in tons, life expectancy (years), expansion options of the existing or proposed facility, and post-closure uses.
(1) Each Siting Element shall include one or more maps indicating the location of each proposed solid waste disposal facility and adjacent and contiguous parcels. The map(s) shall be drawn to scale and include the scale on the map sheet. The type of map(s) may be a 7.5 or 15 minute USGS quadrangle.
(b) A description shall be provided in the Siting Element of how each proposed solid waste disposal facility contributes to and maintains for each county or regional agency included in the Siting Element the minimum of 15 years of combined permitted disposal capacity as described in CCR 18755(a) of this article and is consistent with the diversion goals of Public Resources Code section 41780.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41700, 41701, 41702, 41704 and 41780, Public Resources Code.
s 18756.3. Consistency with City and County General Plans for New or Expanded Solid Waste Disposal Facilities.
(a) Reserved areas for proposed new or the expansion of existing solid waste disposal facilities shall be identified in the Siting Element. Verification shall be made that the expanded or proposed facilities are located in areas where the land use is designated or authorized for solid waste disposal facilities and that the areas are consistent with the applicable city and county general plans. Verification of general plan consistency shall include a resolution, notarized statement, or affidavit from each applicable city and the county. Proposed areas that are consistent with the current city and county general plans shall be reserved pursuant to the requirements of Public Resources Code sections 41702 and 41720.
(b) Proposed areas that are not situated in, coextensive with, or adjacent to an area authorized for land use as a solid waste disposal facility, within an applicable city and county general plan, may be "tentatively reserved" for future or expanded solid waste disposal facilities. Proposed areas that are inconsistent with applicable city and county general plans shall be tentatively reserved pursuant to the requirements of Public Resources Code sections 41710 through 41712.
(c) Proposed areas included in the Siting Element may be identified as "tentatively reserved" in the initial filing of a Countywide and Regionwide Integrated Waste Management Plan, as determined by Public Resources Code section 41791. However, by the first five-year revision of the Countywide and Regionwide Integrated Waste Management Plan all areas identified to assure the minimum of 15 years of combined permitted disposal capacity as described in CCR 18755(a) of this article must meet the requirements of Public Resources Code section 41702.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41702, 41704, 41710-41712 and 41720, Public Resources Code.
s 18756.5. Strategies for Disposing of Solid Waste in Excess of Capacity When New or Expanded Sites Are Not Available.
(a) The Siting Element shall provide an analysis describing the reasons why there are not available locations for establishing new or expanding existing solid waste disposal facilities within each county or regional agency included in the Siting Element. This analysis shall include a determination of whether the inability to establish new or to expand existing solid waste disposal facilities is due to the lack of locations with the appropriate physical or environmental site characteristics or because of other considerations; and,
(b) If new or expandable solid waste disposal facilities are not available, or are not sufficient to meet countywide or regionwide needs, each county and regional agency shall include strategies for disposing of solid waste. The discussion of strategies shall include, but is not limited to, the following:
(1) A description of the types (residential, commercial, industrial, and special) and quantities in cubic yards and in tons of waste in excess of remaining volumetric capacity of existing solid waste disposal facilities;
(2) A description of the diversion or export programs which will be implemented to safely handle and divert or dispose of excess solid waste. The description shall identify the existing solid waste disposal facilities, including those outside of the county or regional agency, that will be used to implement these strategies. The description shall document how the proposed programs shall provide the county or regional agency with sufficient disposal capacity to meet the required minimum of 15 years of combined permitted disposal capacity as described in CCR 18755(a) of this article.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41703, Public Resources Code.
s 18756.7. Siting Element Implementation.
(a) The Siting Element shall include, but not be limited to, the following:
(1) identification of local government agencies, Local Task Forces, regional agencies, organizations, and any others, responsible for implementing the countywide or regionwide solid waste disposal facility siting program;
(2) implementation schedules addressing each task identified in Section 18755.1(d) for a minimum of 15 years beginning with the year in which the element is prepared; and,
(3) identification of revenue sources sufficient to support the administration and maintenance of the countywide or regionwide solid waste disposal facility siting program.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40900 and 41700, Public Resources Code.
s 18757. General Requirements.
(a) The Countywide Integrated Waste Management Plan (CIWMP) shall include the following:
(1) for a county with no regional agency within its boundaries, the Source Reduction and Recycling Elements (SRREs), Household Hazardous Waste Elements (HHWEs), and Nondisposal Facility Elements (NDFEs) for the county and each city within the county, and the Siting Element and Summary Plan;
(2) for a county composed of one or more regional agencies:
(A) a SRRE, HHWE, and NDFE for each city that is not a member agency of the regional agency and for the county if it is not a member agency of the regional agency;
(B) a SRRE, HHWE, and NDFE for each city that is a member agency of the regional agency and for the county if it is a member agency of the regional agency, or the SRRE, HHWE, and NDFE for the regional agency, if the regional agency has elected to prepare one or more of these as regional documents; and
(C) a countywide Siting Element and Summary Plan.
(b) The Regional Agency Integrated Waste Management Plan (RAIWMP) shall include the following:
(1) for a regional agency composed of two or more counties and all of the cities within those counties, either:
(A) a SRRE, HHWE, and NDFE for each city and county which are member agencies of the regional agency and the Siting Element and Summary Plan for each county; or
(B) a SRRE, HHWE, and NDFE, Siting Element, and Summary Plan for the regional agency.
(2) for a regional agency composed of more than one county, but which does not encompass all of the cities within those counties, a SRRE, HHWE, and NDFE for the regional agency;
(3) for a regional agency composed of more than one county, and which includes all of the cities and the unincorporated area within at least one of those counties, but not all of the cities within the other county(ies), a SRRE, HHWE, and NDFE for the regional agency, a Siting Element and Summary Plan for each county that is wholly encompassed by the regional agency.
(c) The Summary Plan shall include the items identified in sections 18757.1 through 18758 of this article.
(d) For the purposes of this article, "countywide" shall be defined as including the incorporated cities within the county and the unincorporated areas of the county. For purposes of this article, "county" shall include the Board of Supervisors as the legislative and executive body of county government, and any designated agency responsible for solid waste management.
(e) For the purposes of this article, "regionwide" shall be defined as including the member agencies of a regional agency. For the purposes of this article, "Regional Agency" shall be the governing entity created by a voluntary agreement between cities and counties to carry out the mandates of Public Resources Code section 41780. A city or county which is party to such an agreement shall be considered a "member agency" of the Regional Agency. A regional agency may authorize one district, as defined in subdivision (a) of Section 41821.2 of the Public Resources Code, to be included as a member of the regional agency.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40977, 41750-41760 and 41821.2, Public Resources Code.
s 18757.1. Goals and Objectives.
The Local Task Force (LTF) shall develop goals, policies, and objectives to provide guidance to the county or regional agency in coordinating countywide and regionwide diversion programs, marketing strategies, and disposal strategies for the medium-term planning (1996-2000) period. Based upon this guidance, the Summary Plan shall include a statement on the goals, policies, and objectives established by the county or regional agency.
(a) The goals shall be consistent with the mandates of Public Resources Code section 40051. The goals shall express plans for integrating strategies aimed towards reducing, diverting, marketing, and safely handling and disposing of all solid waste generated countywide or regionwide.
(b) The Summary Plan shall identify policies within the Source Reduction and Recycling Elements and Household Hazardous Waste Elements that facilitate the reduction of solid waste for incorporated cities and the unincorporated area of the county or the regional agency.
(c) The Summary Plan shall contain specific objectives for achievement of the goals stated in subdivision (a) of this section. These objectives shall allow for measurements of progress made toward achieving the goals by including an implementation schedule which identifies specific tasks and milestones necessary to achieve each objective.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41750 and 41751, Public Resources Code.
s 18757.3. County and Regional Agency Profile and Plan Administration.
The Summary Plan shall include:
(a) A general countywide or regionwide description including, but not limited to, topography, major roadways, city boundaries, and climate.
(b) A summary of important demographic data, including, but not limited to, population, ethnicity, average age and income of the citizens, housing, seasonal demographic fluctuations, and transportation patterns.
(c) A description of the governmental solid waste management infrastructure, including all local jurisdiction waste management entities, solid waste management authorities or districts, and any other regional agencies responsible for countywide or regionwide waste handling and/or disposal.
(d) An identification of the entity(ies) responsible for the following Plan-related functions: public information; budgeting; implementation of a solid waste management program; and, administration (such as maintenance, revision, and coordination of Plan-related documents).
Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41751, Public Resources Code.
s 18757.5. Description of Current Solid Waste Management Practices.
The Summary Plan shall describe the current or most recent countywide or regionwide solid waste management practices.
(a) The Summary Plan shall contain a description of all factors affecting the current collection, removal, and disposal of solid wastes. This description shall include, but not be limited to:
(1) service areas;
(2) designation of territories served through franchises, permits, contracts, or governmental services;
(3) quantity of waste collected in each jurisdiction of the CIWMP or RAIWMP area (tons and cubic yards per day/year);
(4) a description of storage and transportation needs and existing and anticipated methods for handling the collected materials targeted for recycling.
(5) final destination of collected wastes (e.g., landfill, transformation, exportation), by quantity (tons and cubic yards).
(b) The Summary Plan shall identify all permitted solid waste facilities located countywide or regionwide. This description shall include, but not be limited to, the following information:
(1) Facility name and location; and
(2) A map showing existing permitted solid waste facilities countywide or regionwide. The map should be drawn to scale and the scale and legend included on the map sheet. The map may be a 7.5 or 15 minute USGS quadrangle.
(c) The Summary Plan may include a description of waste diversion facilities located countywide or regionwide that are exempt or have received an exclusion from a solid waste facilities permit, to the extent practicable. For each facility this description should include:
(1) the reason for exemption or exclusion;
(2) the estimated amount and type of material recovered/processed; and,
(3) the operator(s) and owner(s).
(d) The Summary Plan shall include, for countywide or regionwide programs, a description of Recycling Market Development Zones, and applicable strategies for processing and/or marketing secondary materials, including forming regional secondary materials marketing associations and joining associations outside the jurisdictional boundaries. The description shall discuss the county's or regional agency's role in developing markets.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41751, Public Resources Code.
s 18757.7. Summary of Source Reduction and Recycling Elements, Household Hazardous Waste Elements and Nondisposal Facility Elements.
The Summary Plan shall:
(a) Summarize the types of programs planned in the Source Reduction and Recycling Elements by component from all the jurisdictions. This summary shall include, but is not limited to, the following:
(1) a listing and description of the planned and current diversion programs;
(2) a listing and identification of all planned contingency programs and measures; and
(3) a listing of targeted materials and marketing strategies, by program.
(b) Summarize the types of programs planned in the Household Hazardous Waste Elements from all jurisdictions. This summary shall include, but is not limited to, the following:
(1) a listing and identification of all planned and contingency programs and measures; and
(2) a listing of targeted materials and marketing strategies, by program.
(c) List the types and numbers of facilities planned in the Nondisposal Facility Elements from all jurisdictions and identify which jurisdictions are served by or use the facility(ies).
(d) Describe the coordination or consolidation of programs identified in subdivisions (a) and (b) of this section to include the following:
(1) identification and description of programs that were coordinated or consolidated and those programs that may be coordinated or consolidated in the future into countrywide or regionwide programs; and
(A) implementation schedules for the coordination or consolidation of individual jurisdiction's programs into countywide or regionwide programs.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41751, Public Resources Code.
s 18758. Countywide and Regional Agency Integrated Waste Management Plan Financing.
The Summary Plan shall:
(a) Provide cost estimations for the countywide or regionwide programs and facilities scheduled for implementation and use.
(b) Summarize funding sources and allocation of revenues for all program and facility planning and implementation tasks identified in the Summary Plan.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41751, Public Resources Code.
s 18760. Applicability.
(a) The procedures for preparing Source Reduction and Recycling Elements (SRREs), Household Hazardous Waste Elements (HHWEs) and Nondisposal Facility Elements (NDFEs) apply to the counties, cities, joint power authorities, regional agencies, special districts, or other agencies which are designated by the cities or counties, and are responsible for preparing these Elements.
(1) Cities, counties and cities which are also counties may enter into agreements to prepare and implement the SRREs, HHWEs and NDFEs which are specific to each jurisdiction.
(2) A city, county or a city and county shall be held accountable for implementation of the specified goals and programs of its SRRE and HHWE.
(b) For the purposes of this article, a jurisdiction is a city, county, city and county, or regional agency.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40002, 40950, 40971 through 40975, 41000, 41300, 41500, 41510, 41730, 41731, 41813, 41850 and 41823, Public Resources Code.
s 18761. Local Task Force (LTF).
(a) Establishment. Each county board of supervisors, and a majority of the cities within the county which contain a majority of the population in
the county, shall submit written documentation to the Board approving the membership of their LTF, within 30 days after establishment of the LTF.
(1) The documentation submitted to the Board shall denote the identity of the members in the LTF, and whether the members represent the governmental or the private sectors, or other entities or groups. The documentation shall define the terms of membership for each member.
(2) The terms of membership shall be determined by the county board of supervisors and a majority of the cities within the county which contain a majority of the population in the county.
(3) After its establishment, each LTF shall inform the Board of how frequently it intends to meet.
(b) Role of the LTF. The LTF shall advise jurisdictions responsible for the SRRE, HHWE and NDFE preparation, and review goals, policies, and procedures for jurisdictions, which, upon implementation, will aid in meeting the solid waste management needs of the county, as well as the mandated source reduction and recycling requirements of Public Resources Code section 41780.
(1) The LTF shall assist and advise in the review of the SRRE, HHWE, and NDFE, and shall assist jurisdictions in the implementation of the SRRE, HHWE, and NDFE.
(2) The LTF shall provide technical guidance and information regarding source reduction, waste diversion, and recycling to local jurisdictions during preparation and revision of the SRRE, HHWE and NDFE. Such information may be presented to the general public at public hearings and upon request by members of local government and community organizations.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40001, 40950, 41000, 41300, 41500, 41510, 41730 and 41731, Public Resources Code.
s 18762. SRRE, HHWE, and NDFE Preparation.
(a) A jurisdiction shall prepare the SRRE, HHWE, and NDFE pursuant to Articles 6.1, 6.2, 6.3, and 6.4 of this Chapter, as applicable.
(1) Except as provided by Public Resources Code section 41735(a), a jurisdiction shall comply with the California Environmental Quality Act (CEQA) pursuant to Public Resources Code sections 21000 et seq.
(b) A jurisdiction shall submit written documentation to the Board of its designation of an agency responsible for preparation of the SRRE, HHWE and NDFE within 30 days of said designation.
(c) A jurisdiction, in coordination with the LTF, shall prepare and adopt the SRRE, HHWE, and NDFE, by the dates specified in Public Resources Code sections 41000, 41300 and 41791, as applicable.
(d) For the purposes of this article, after a jurisdiction prepares and adopts its NDFE, the NDFE shall be appended to the SRRE by the jurisdiction at the time the SRRE is submitted to the Board. At the time of the five year revision of the SRRE, the NDFE may be incorporated into the SRRE.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 21083, 40900, 40950, 41000, 41003, 41300, 41303, 41500, 41510, 41730, 41731, 41732, 41733, 41734, 41735, 41736, 41750, 41780 and 41791, Public Resources Code.
s 18763. Circulation of the Preliminary Draft SRRE and HHWE for Review.
(a) A jurisdiction shall prepare a preliminary draft of its SRRE and HHWE.
(b) If the jurisdiction is a city, the preliminary draft SRRE and HHWE shall be sent to adjoining cities, the county or regional agency responsible for the Countywide Integrated Waste Management Plan (CIWMP) or Regional Agency Integrated Waste Management Plan (RAIWMP) preparation, and the LTF.
(c) If the jurisdiction is a county, the preliminary draft SRRE and HHWE shall be sent to adjoining cities and the LTF.
(d) If the jurisdiction is a regional agency then the following applies:
(1) If the regional agency is composed of a single county but does not include all of the cities within the county, the preliminary draft SRRE and HHWE shall be sent to adjoining cities, the agency in the county responsible for the CIWMP preparation, and to the LTF.
(2) If the regional agency is composed of a single county and all of the cities within that county, the preliminary draft SRRE and HHWE shall be sent to adjoining cities and the LTF.
(3) If the regional agency is composed of two or more counties and all of the cities within the counties, the preliminary draft SRRE and HHWE shall be sent to adjoining cities, and the LTF of each affected county.
(4) If the regional agency is composed of two or more counties but does not include all of the cities within those counties, the preliminary draft SRRE and HHWE shall be sent to adjoining cities, each of the county agencies responsible for the CIWMP, and the LTF of each affected county.
Each jurisdiction shall also submit three copies of the draft SRRE and HHWE to the Board.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40900, 41000, 41300, 41500, 41510, 41750.1 and 41790, Public Resources Code.
s 18764. Review of the Preliminary Draft SRRE and HHWE.
(a) Review Period. In accordance with Government Code section 15376, the review period shall be a minimum of 30 days, commencing upon the date of receipt of the Preliminary Draft SRRE and HHWE by a reviewing agency. The median time for review shall be 38 days. The maximum time for review shall be 45 days.
(1) Review by LTF. In reviewing the preliminary draft SRRE and HHWE, the LTF shall consider the issues of regional concern pursuant to Public Resources Code section 40950(c) to aid in ensuring that they are addressed. Copies of written comments made by the LTF on the preliminary draft SRRE and HHWE shall be sent simultaneously to the Board and to the jurisdiction that prepared the preliminary draft SRRE and HHWE.
(2) Review by Other Reviewing Agencies. The county, adjacent cities, any association of regional governments, and the Board shall review the preliminary draft SRRE and HHWE and send written comments to the jurisdiction that prepared the preliminary draft SRRE and HHWE. A copy of the Board's written comments shall be sent simultaneously to the LTF.
Note: Authority cited: Section 40502, Public Resources Code; Section 15376, Government Code. Reference: Sections 40950, 41000, 41300, 41500, 41510 and 41790, Public Resources Code.
s 18765. Review of the Final Draft SRRE, HHWE and NDFE.
(a) Thirty (30) days prior to the public hearing for the adoption of the SRRE and HHWE, the jurisdiction shall send a copy of the final draft of its SRRE and HHWE to the LTF(s) of the affected counties for review. Within 15 days of receipt of the final draft of the SRRE and HHWE, the LTF shall provide written comments to the jurisdiction and the Board regarding the final draft.
(b) Ninety (90) days prior to the public hearing for the adoption of the NDFE, the jurisdiction shall send a copy of the final draft NDFE to the LTF for review. Within 90 days of receipt of the final draft NDFE, the LTF shall provide written comments to the city or county and the Board regarding the final draft.
(c) If deficiencies are indicated in the LTF's comments, the LTF shall meet with the jurisdiction to resolve them. If no resolution between the jurisdiction and the LTF can be achieved, the LTF shall send a letter to the jurisdiction and the Board indicating the remaining deficiencies of the SRRE, HHWE and NDFE.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40950, 40971, 41000, 41300, 41500, 41510, 41730, 41731 and 41734, Public Resources Code.
s 18766. Public Participation; Notice; Local Adoption of SRRE, HHWE and NDFE.
(a) The general public, affected governmental entities, and private industries shall be given an opportunity to participate in the planning process and implementation of the SRRE, HHWE, and NDFE through attendance at informative meetings and public hearings.
(1) Pursuant to Public Resources Code section 41793, at least one public hearing shall be held to receive testimony regarding the Preliminary Draft of the SRRE and HHWE before a jurisdiction adopts its SRRE and HHWE.
(A) To inform the public of the hearing, the jurisdiction shall publish a notice in a local newspaper of general circulation at least 30 days in advance of the scheduled public hearing on the SRRE and HHWE.
(2) Jurisdictions may form advisory committees which may review and comment on draft elements, and provide technical guidance and support during the development of the SRRE, HHWE, and NDFE.
(b) In addition to the hearing or hearings held pursuant to (a)(1) of this section, the governing body of the jurisdiction, shall conduct a public hearing for the purpose of adopting the SRRE, HHWE, and NDFE. After considering all comments of the members of the governing body and the public, the jurisdiction shall, by resolution, adopt the SRRE, HHWE and NDFE.
(1) To inform the public of the hearing, the jurisdiction shall publish a notice in a newspaper of general circulation at least three (3) days in advance of the scheduled public hearing on the final draft SRRE, HHWE, and NDFE.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40900, 40971, 41000, 41300, 41500, 41510, 41730, 41731 and 41793, Public Resources Code.
s 18766.5. Revision of the SRRE prior to Board Approval.
Note: Authority cited: Section 40502, Public Resources Code; and Section 15376, Government Code. Reference: Sections 40950, 41000, 41300, 41781.2, 41790 and 41793, Public Resources Code.
s 18767. Submittal of City or Regional Agency SRRE, HHWE, and NDFE to the County and County NDFE to the Cities.
(a) A city, or regional agency which is composed of some cities within a single county, shall transmit one (1) copy of its SRRE and one (1) copy of its HHWE to the county in which it is located within 30 days of its adoption by the city or regional agency for incorporation into the CIWMP.
(1) A signed resolution and documentation that the jurisdiction has complied with CEQA (Public Resources Code sections 21000 et seq.) shall accompany the SRRE and HHWE that are submitted to the county.
(b) A city, unless it is a city and county, or regional agency which is composed of some cities within a single county shall transmit a copy of its NDFE to the county in which it is located within 30 days of its adoption by the city or regional agency for incorporation into the CIWMP. This submittal shall occur no later than the applicable submittal dates in PRC section 41791.5.
(c) A county, unless it is a city and county, shall transmit a copy of its NDFE to the cities which are located within the county within 30 days of adoption of the NDFE by the county. This submittal shall occur no later than the applicable submittal dates specified in PRC 41791.5.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 21083, 40971, 41000, 41300, 41500, 41510, 41791, 41730, 41731, 41750.1 and 41793, Public Resources Code.
s 18768. Submittal of the SRRE, HHWE, and NDFE to the Board.
(a) A jurisdiction shall, according to the schedule set forth in PRC section 41791.5, submit to the Board three (3) copies of its SRRE.
(1) When submitting the SRRE to the Board, the jurisdiction shall include a copy of the public notice(s) for the public hearings on the SRRE, a copy of the resolution(s) adopting the SRRE, comments on the final draft from the LTF, and a copy of the Notice of Determination which has been filed with the State Clearinghouse in the Office of Planning and Research as verification of compliance with the CEQA (Public Resources Code sections 21000 et seq.).
(b) A jurisdiction shall, according to the schedule set forth in PRC section 41791.5, submit to the Board three (3) copies of its NDFE.
(1) When submitting the NDFE to the Board, the jurisdiction shall include a copy of the public notice(s) for the public hearing(s) on the NDFE, a copy of the resolution(s) adopting the NDFE, and comments on the final draft from the LTF.
(c) A jurisdiction shall submit its HHWE with the CIWMP or the RAIWMP according to the schedule set forth in PRC section 41791. Any city, or regional agency which is composed of some cities within a single county, may separately submit its HHWE to the Board for approval.
(1) When submitting the HHWE to the Board, the jurisdiction shall include a copy of the public notice(s) for the public hearings on the HHWE, a copy of the resolution(s) adopting its HHWE, comments on the final draft from the LTF, and a copy of the Notice of Determination which has been filed with the State's Clearinghouse in the Office of Planning and Research as verification of compliance with the CEQA (Public Resources Code sections 21000 et seq.).
(d) The Board's 120 day review period for consideration of approval of a SRRE, HHWE, or NDFE will commence upon determination by the Board that three (3) copies of a SRRE, HHWE, or NDFE and the accompanying documents required by (a), (b) and (c) of this section have been submitted by the jurisdiction.
(1) Within 30 days of receipt of a SRRE, HHWE, or NDFE for approval, the Board shall indicate to the jurisdiction whether all requirements included in (a), (b), and (c) have been fulfilled. If the Board notifies the jurisdiction that the required documents have not been submitted, the jurisdiction shall submit the remaining required document(s) within 30 days of notification.
Note: Authority cited: Section 40502, Public Resources Code; and Section 15376, Government Code. Reference: Sections 21083, 40971, 41750, 41791, 41791.5, 41794, 41800 and 41802, Public Resources Code.
s 18769. Board Approval of SRREs, HHWEs, and NDFEs.
(a) The Board shall approve, conditionally approve, or disapprove the SRRE, HHWE, and NDFE at a public hearing. After receiving testimony from the jurisdiction, the public and the LTF, the Board shall either adopt and prepare written findings approving the SRRE, HHWE, and NDFE or issue a Notice identifying deficiencies in the SRRE, HHWE, and NDFE or amendments to the NDFE.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41800, 41801, 41802 and 41810 through 41813, Public Resources Code.
s 18770. Amendment or Revision, and Resubmittal of the Amended or Revised SRRE, HHWE, and NDFE.
(a) If a jurisdiction revises or amends its SRRE, HHWE, or NDFE, the jurisdiction shall revise or amend and submit its SRRE, HHWE, or NDFE pursuant to the requirements of sections 18765 through 18768 of this article.
(b) A jurisdiction shall resubmit a revised or amended version of its SRRE, HHWE, or NDFE to the Board either voluntarily according to PRC section 41770.5 or within 120 days of receipt of a notice identifying the element's deficiencies.
(c) The Board's 60 day review period for consideration of approval of amendments to the NDFE prior to the five year revision of the SRRE will commence upon determination by the Board that three (3) copies of the amendments to the NDFE and the accompanying documents required by section 18768(b) have been submitted by the jurisdiction.
(1) Within 30 days of receipt of the amendments to the NDFE for approval, the Board shall indicate to the jurisdiction whether all requirements included in section 18768(b) have been fulfilled. If the Board notifies the jurisdiction that the required documents have not been submitted, the jurisdiction shall submit the remaining required document(s) within 30 days.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 21083, 40950, 41000, 41300, 41770, 41770.5, 41780, 41781.2, 41790, 41793, 41800, 41801, 41802, 41810-41813 and 41822, Public Resources Code.
s 18770.5. Board Approval of Revised or Amended SRREs, HHWEs, and NDFEs.
(a) If a jurisdiction is required to amend or revise its SRRE, HHWE, or NDFE due to the disapproval of the document, the Board shall approve, conditionally approve, or disapprove the element or amendment, pursuant to Public Resources Code sections 41812 and 41813, within 120 days of receipt of resubmitted elements or within 60 days of the receipt of NDFE amendments.
(b) The Board shall approve, conditionally approve, or disapprove revised or amended SRREs, HHWEs, and NDFEs at a public hearing. After considering public testimony and input from the LTF, the Board shall either adopt a resolution approving revised or amended SRREs, HHWEs, and NDFEs, or issue a notice identifying deficiencies in the SRREs, HHWEs, and NDFEs. Board approval shall be based on an evaluation of the jurisdiction's implementation of the hierarchy for waste management practices as described in Public Resources Code section 40051 of the California Integrated Waste Management Act of 1989.
(1) If revised or amended SRREs, HHWEs, and NDFEs are disapproved or conditionally approved, the Board shall send a notice identifying deficiencies within thirty (30) days of making its findings.
(2) Conditional approval or disapproval of a SRRE or HHWE, which has been revised per Section 18772 of this article, shall require the jurisdiction to reinstitute the process for preparation and approval of the SRREs and HHWEs, beginning in sections 18762 through 18768.
(3) If revised or amended SRREs, HHWEs, and NDFEs are approved, the Board shall send a copy of the resolution of approval to the jurisdiction within thirty (30) days of making its finding.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40050, 40051, 40052, 41780, 41800, 41802, 41810 through 41813 and 41822, Public Resources Code.
s 18771. Annual Report: Review and Revision of City, Regional Agency or County SRREs.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40050, 40051, 40052, 40950, 41000, 41300, 41780, 41790 and 41821, Public Resources Code.
s 18772. Board's Biennial Review of the City, Regional Agency, or County SRRE and HHWE.
(a) In addition to local jurisdiction review of city, regional agency, and county SRREs and HHWEs, at least once every two years, the Board shall conduct an independent review of SRREs and HHWEs. This biennial review will enable the Board to assess each jurisdiction's progress towards meeting the mandated diversion requirements. The Board shall determine if the SRRE and HHWE programs are being implemented, and if jurisdictions are meeting the goals of their SRRE and HHWE.
(b) If the Board finds that a jurisdiction is failing to implement its SRRE and HHWE, and is not making progress towards meeting the requirements of Public Resources Code sections 41000, 41300, 41500, 41510 or 41780, as applicable, after a public hearing on the matter, the Board shall issue a compliance order for achieving those requirements.
(1) The compliance order shall identify the programs goals of the SRRE and HHWE which are not being implemented or attained by the jurisdiction, or identify areas of the SRRE and HHWE which require revision. The Board shall also set a date by which the jurisdiction shall meet the mandated requirements.
(2) The Board shall issue the compliance order within 30 days of making its finding of noncompliance.
(c) If a jurisdiction fails to bring its SRRE and HHWE into compliance by the date specified by the Board, the Board shall enforce the compliance order pursuant to Public Resources Code section 41850.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41000, 41300, 41500, 41510, 41780, 41825 and 41850, Public Resources Code.
s 18773. Board Approval of Revised SRRE and HHWE.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40050, 40051, 40052, 41780, 41800, 41802, 41810 through 41813 and 41822, Public Resources Code.
s 18774. One-Year Time Extension for Meeting Diversion Requirements.
(a) Commencing in 1995, the Board may grant a one-year time extension for meeting the state mandated requirements identified in Public Resources Code section 41780.
(1) A jurisdiction requesting an extension shall demonstrate, in writing, that it meets the requirements for an extension pursuant to Public Resources Code section 41820.
(2) Within 45 days of receipt of this request, the Board shall review the adequacy of the application, and determine if the requirements of Public Resources Code section 41820 are met. Based upon this determination, the Board shall adopt written findings approving or disapproving the jurisdiction's request.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41780 and 41820, Public Resources Code.
s 18774.5. Two-Year Time Extension for Meeting Diversion Requirements.
(a) Commencing in 1995, the Board may grant a two-year time extension to a rural jurisdiction, as defined in Public Resources Code sections 40183 and 40184, for meeting the state mandated diversion requirements in Public Resources Code section 41780.
(1) A jurisdiction requesting an extension shall demonstrate, in writing, that it meets the requirements for an extension pursuant to Public Resources Code section 41787.4.
(2) Within 45 days of receipt of a complete request, the Board shall review the adequacy of the application, and determine if the requirements of Public Resources Code section 41787.4 are met. Based upon this determination, the Board shall adopt written findings approving or disapproving the jurisdiction's request.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40183, 40184, 41780 and 41787.4, Public Resources Code.
s 18775. Reduction in Diversion and Planning Requirements.
(a) A rural jurisdiction, as defined in Public Resources Code sections 40183 and 40184, may petition the Board, at a public hearing, to reduce the planning requirements and diversion requirements specified in Public Resources Code section 41780. To petition for a reduction, the jurisdiction shall present verification to the Board which indicates that achievement of the requirements is not feasible. To qualify to petition for a reduction in the diversion and planning requirements, a jurisdiction must meet the following: (continued)