Loading (50 kb)...'
(continued)
(1) For a rural city, have a geographic area of less than 3 square miles or a population density of less than 1500 people per square mile and a waste disposal rate of less than 100 cubic yards per day or 60 tons per day.
(2) For the unincorporated area of a rural county, the county's population shall be 200,000 or less.
(3) For a rural regional agency, consist of rural cities and counties, not to exceed more than two rural counties, unless authorized by the Board.
(4) Be located in a rural area. "Rural area" means those counties and cities located in agricultural or mountainous areas of the state and located outside the Department of Finance's Primary Metropolitan Statistical Areas.
(b) Based on information presented at the hearing, the Board may establish reduced diversion requirements, and alternative, but less comprehensive, planning requirements. A petitioner may identify those specific planning requirements from which it wants to be relieved and provide justification for the reduction. Examples of reduced planning requirements could include, but would not be limited to, reduced requirements for solid waste generation studies, and reduced requirements and consolidation of specific component requirements. These reduced planning requirements, if granted, must ensure compliance with Public Resources Code section 41782.
(c) Rural jurisdictions requesting a reduction in the diversion and planning requirements must include the following information in the reduction petition:
(1) A general description of the existing disposal and diversion systems, including documentation of the types and quantities of waste disposed and diverted. Documentation sources may include, but are not limited to, the following:
(A) Solid Waste Generation or Characterization Studies;
(B) Diversion data from public and private recycling operations;
(C) Current year waste loading information from permitted solid waste facilities used by the jurisdiction;
(2) Identification of the specific reductions being requested (i.e., diversion or planning requirements or both);
(3) Documentation of why attainment of mandated diversion and planning requirements is not feasible. Examples of documentation could include, but are not limited to:
(A) Evidence from the documentation sources specified in paragraph (c)(1) of this section;
(B) Verification of existing solid waste budget revenues and expenses from the duly authorized designated representative of the jurisdiction;
(4) The planning or diversion requirements that the jurisdiction feels are achievable, and why.
(5) Documentation verifying that the rural city or county has implemented those programs identified in Public Resources Code section 41787(a)(3).
(6) Documentation verifying that the rural regional agency has implemented those regionwide programs identified in Public Resources Code section 41787.1(c)(2).
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40183, 40184, 40973, 41787, 41787.1, 41787.2 and 41802, Public Resources Code.
s 18775.2. Sludge Diversion.
(a) Jurisdictions that wish to claim diversion of the waste type "sludge" shall submit a written request to the Board pursuant to PRC 41781.1. Within 45 days of receipt of a jurisdiction's request, the Board shall notify the jurisdiction in writing whether sufficient information has been included in the request to enable the Board to make findings pursuant to PRC Section 41781.1. Requests that are found by the Board to be incomplete, pursuant to the criterion set forth in this section, shall be returned to the jurisdiction to correct any inadequacy. The Board shall make the findings required by PRC Section 41781.1 at a public hearing no later than 180 days after receipt of a complete request for sludge diversion credit.
(1) A request for allowing sludge diversion shall include the following information:
(A) Description of the selected diversion alternative(s);
(B) Projected annual quantity of sludge waste to be diverted through the year 2000;
(C) Documentation that waste type "sludge" has been categorized, quantified, and documented in the applicable "solid waste generation study" as defined in section 18722 of this chapter;
(D) Written certification from the agent(s) responsible for implementing the sludge diversion alternative that the intended sludge reuse meets all applicable requirements of state and federal law. Information upon which the above certification is based shall be made available to the Board upon request.
(E) Description of monitoring program(s) that are in place or which will be established to insure that the sludge diversion alternative will not pose a threat to public health or the environment.
(F) If the sludge diversion alternative receives a permit or is identified under an existing permit, waste discharge requirements, or has other conditions imposed by one or more of the agencies specified in PRC Section 41787.1, include the name of the agency(s) and identify the agency identification code or number for the permit, waste discharge requirements, or other imposed conditions.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41780 and 41781.1, Public Resources Code.
s 18775.4. Use of Excluded Waste Types for Baseline Diversion Credit.
(a) To establish baseline diversion, jurisdictions which have included alternatives for the diversion of agricultural wastes, inert solids, or scrap metals as defined in PRC section 41781.2(b), or white goods as defined in Article 3 of this Chapter, shall follow the requirements specified in PRC section 41781.2. Within 60 days of receipt of a jurisdiction's SRRE for final review, the Board shall notify the jurisdiction in writing if there is insufficient information to determine that the criteria specified in PRC section 41781.2 have been met. This notification shall be based on the criteria specified in PRC section 41801.5(b).
(b) If the Board disapproves an element for which a jurisdiction has received a notification of excluded wastes pursuant to PRC section 41801.5(b), the jurisdiction may, concurrent with the procedures specified in section 18770 of this article, submit additional information to the Board which substantiates that the criteria specified in PRC section 41781.2 have been met. Within 60 days of receipt of the additional information, the Board shall determine whether diversion of all or a portion of the excluded waste will be allowed for the purposes of compliance with the diversion requirements of PRC section 41780.
(c) Based on the Board's determination in subsection (b), the jurisdiction shall update or revise, if necessary, its SRRE to correct any inadequacy and shall resubmit it to the Board within 120 days of the Board's determination. If a jurisdiction is unable to resubmit its updated or revised SRRE within 120 days, the Board may, on a case-by-case basis, extend the deadline for resubmittal. Upon receipt of a resubmitted element, the Board shall follow the procedures specified in section 18770 of this article.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41780, 41781.2, 41801.5 and 41811.5, Public Resources Code.
s 18776. Procedures for the Preparation and Submittal of the Siting Element and Summary Plan.
(a) Except as provided in subsection (b)(3)(B) of this section, each county shall prepare and adopt a Siting Element and a Summary Plan which shall be part of the Countywide Integrated Waste Management Plan (CIWMP), pursuant to Public Resources Code sections 41700 through 41826.
(b) Where a regional agency has been formed, the following requirements shall apply:
(1) Each regional agency composed of member agencies that do not extend beyond the boundaries of a single county and does include the unincorporated area of the county, shall prepare and submit to the Board a Siting Element and a Summary Plan which shall be part of the CIWMP.
(2) Each regional agency composed of member agencies that do not extend beyond the boundaries of a single county, but does not include the unincorporated area of the county, shall be included in the documents prepared pursuant to subsection (a) of this section for the preparation and submittal of the Siting Element and Summary Plan.
(3) Each regional agency composed of two or more counties and all cities within those counties, shall prepare and submit to the Board one of the following as part of the Regional Agency Integrated Waste Management Plan (RAIWMP):
(A) a countywide Siting Element and Summary Plan for each county within the regional agency; or
(B) a regionwide Siting Element and Summary Plan for the regional agency.
(4) Each regional agency composed of more than one county, but which does not include all of the cities within those counties, shall be included in the documents prepared pursuant to subsection (a) of this section for the preparation and submittal of the Siting Element and Summary Plan for each county of the regional agency.
(5) Each 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), shall prepare and submit to the Board a Siting Element and Summary Plan as part of the RAIWMP for each county that is wholly encompassed in the regional agency.
(c) Each county and regional agency shall designate the agency responsible for preparing its Siting Element and Summary Plan; and shall notify the Board, in writing, within 30 days of the effective date of this article or the formation of a regional agency. Each county and regional agency shall notify the Board, in writing, of any change in the designation of a responsible agency within 30 days of the change.
(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/or counties to carry out the mandates of Public Resources Code section 41780. 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 40051, 40970 - 40975, 40977, 41700, 41701, 41702, 41703, 41704, 41750, 41750.1, 41751, 41791 and 41821.2, Public Resources Code.
s 18777. Role of the Lock Task Force.
(a) The role of the Local Task Force (LTF) shall be to assist and advise the agency(ies) responsible for preparation of the Siting Element and the Summary Plan. The LTF shall guide the preparation and review of these documents prior to their circulation to reviewing agencies and to the Board, to aid in ensuring that the county or regional agency adequately plans for meeting future solid waste handling and disposal needs.
(b) Within 30 days of its establishment, the LTF shall determine and verify the remaining permitted combined disposal capacity of existing solid waste disposal facilities in the county or regional agency.
(c) If the county and the cities within the county determine that the representation of the current LTF is not adequately addressing the needs of the county, cities, or public, a new LTF may be established. The new LTF membership shall be approved as described in Public Resources Code Section 40950. Within 30 days of the establishment of the new LTF, a membership roster containing the names, phone numbers, and member representation shall be sent to the Board.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40001, 40950, 41751 and 41791, Public Resources Code.
s 18778. Public Participation in the Preparation of the Preliminary Draft Siting Element and Summary Plan.
(a) The general public, affected governmental entities, and private industries shall be given an opportunity to comment on the development and implementation of the preliminary Siting Element and Summary Plan at informative meetings and public hearings.
(1) The agency(ies) responsible for preparing the preliminary Siting Element and Summary Plan shall hold at least one public meeting to receive public comment on these preliminary draft documents. Notice of the public meeting shall be provided pursuant to section 18782 of this article.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40900 and 41793, Public Resources Code.
s 18779. Procedures for the Preparation and Review of the Preliminary Draft Siting Element and Summary Plan.
(a) Preparation of the Preliminary Draft Siting Element and Summary Plan. Each county and regional agency shall prepare a preliminary draft of its Siting Element and Summary Plan. The agency(ies) responsible for preparation of the preliminary draft(s) shall consider LTF recommendations and public input during the development and revision phases. The preliminary draft(s) shall be sent to the LTF, incorporated cities within the county, member agencies within the regional agency, and the Board.
(b) Review by LTF. The preliminary draft Siting Element and Summary Plan shall be reviewed by the LTF. Within 45 days of receipt of each preliminary draft, the LTF shall send written comments to the Board and to the agency preparing each preliminary draft document.
(c) Review by Incorporated Cities. Within 45 days of receipt of the preliminary draft Siting Element and Summary Plan, each incorporated city within the county and regional agency, shall review each preliminary draft and send written comments to the agency responsible for preparing each preliminary draft document.
(d) Review by Member Agencies. Within 45 days of receipt of the preliminary draft Siting Element and Summary Plan, each member agency within the regional agency, shall review each preliminary draft and send written comments to the agency responsible for preparing each preliminary draft document.
(e) Review by the Board. Three hardcopies of the the preliminary draft Siting Element and Summary Plan or two hardcopies and two magnetically coded disks in a Board approved format shall be submitted to the Board. Within 45 days of receipt of the required copies of the the preliminary draft Siting Element and Summary Plan, the Board shall send written comments on the adequacy of each preliminary draft to meet the requirements of the Integrated Waste Management Act of 1989, as amended, to the agency responsible for preparing each draft document. A copy of the Board's preliminary draft Siting Element and Summary Plan comments shall be simultaneously sent to the LTF.
(f) Other Agencies. A copy of the the preliminary draft Siting Element and Summary Plan shall be submitted to all associations of governments and to any Local Enforcement Agency located within the boundaries of the county or regional agency. Within 45 days of receipt of the the preliminary draft Siting Element and Summary Plan, each of those agencies receiving a copy may send written comments to the agency responsible for preparing the preliminary draft document.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40900, 40950, 41700, 41701, 41703, 41704, 41710, 41750, 41751 and 41791, Public Resources Code.
s 18780. Procedures for the Preparation of the Final Draft Siting Element and Summary Plan.
No later than 105 days after the close of the 45 day review period for the preliminary draft Siting Element and Summary Plan, the agency responsible for preparing each draft document shall respond in writing to each comment received on each preliminary draft, and prepare the final draft Siting Element and Summary Plan.
(a) A copy of the final draft countywide Siting Element and Summary Plan, including a copy of the written responses to comments received, shall be sent to the LTF, each incorporated city in the county, each Local Enforcement Agency (LEA) in the county, applicable associations of governments, and any regional agencies in the county.
(b) A copy of the final draft regionwide Siting Element and Summary Plan, including a copy of the written responses to comments received, shall be sent to each member agency of the regional agency formed pursuant to section 18776(b)(3) of this chapter, each LTF and LEA in the regional agency, and applicable associations of governments.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40900, 40950, 41700, 41701, 41703, 41704, 41710, 41750 and 41751, Public Resources Code.
s 18781. Local Task Force Review Process.
(a) Within 45 days of receipt of the final draft Siting Element and Summary Plan, the LTF shall provide written comments to the following:
(1) the county or regional agency responsible for the preparation of the final draft Siting Element and Summary Plan;
(2) each incorporated city within the county or each member agency within the regional agency;
(3) each regional agency within the county; and
(4) the Board.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40950 and 41751, Public Resources Code.
s 18782. Notice Requirements for Public Hearings.
(a) At least 30 days in advance of the scheduled public hearing to take comments on the preliminary draft Siting Element and Summary Plan as specified in CCR section 18778 of this article, the county shall publish a notice of the public hearing in a local newspaper of general circulation.
(b) At least 30 days in advance of the scheduled public hearing for the purposes of adopting the final draft Siting Element and Summary Plan, as specified in CCR section 18783 of this article, each incorporated city within the county and the county or designee shall publish a notice of the public hearing in a local newspaper of general circulation.
(c) At least 30 days in advance of the scheduled public hearing to take comments on the preliminary draft Siting Element and Summary Plan, as specified in CCR section 18778 of this article, the regional agency formed pursuant to section 18776(b)(3) of this article shall publish a notice of the public hearing in a local newspaper of general circulation.
(d) At least 30 days in advance of the scheduled public hearing for the purpose of adopting the final draft Siting Element and Summary Plan, as specified in CCR section 18783 of this article, each member agency within the regional agency and the regional agency shall publish a notice of the public hearing in a local newspaper of general circulation.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41793, Public Resources Code.
s 18783. Local Adoption of the Final Draft Siting Element and Summary Plan, and the Countywide and Regional Agency Integrated Waste Management Plans.
(a) Local adoption of the CIWMP will occur when the final draft Siting Element and Summary Plan are adopted by the county and the cities within the county as described in Public Resources Code section 41721 and 41760. A final draft Siting Element and Summary Plan submitted for local adoption shall be accompanied by environmental documentation verifying compliance with the California Environmental Quality Act (CEQA), pursuant to Public Resources Code sections 21000 et seq.
(1) Each incorporated city in the county, and the county, shall conduct a public hearing for the purpose of adopting the final draft Siting Element and Summary Plan. After considering all public comments, the county and each city within the county shall, by resolution, either approve or disapprove the final draft Siting Element and Summary Plan. Failure by a city to take action on the Siting Element or Summary Plan shall be deemed an approval of the Siting Plan or Summary Plan by that city.
(2) If the final draft Siting Element and Summary Plan are not approved by the county and the cities within the county, pursuant to PRC sections 41721 and 41760, then the county shall revise the deficient areas within 90 days of the close of the local jurisdiction review period specified in PRC section 41721 and recirculate them for local approval, pursuant to sections 18780 through 18785 of this article. These revised documents shall be approved as described in Public Resources Code sections 41721 and 41760.
(b) Local adoption of the RAIWMP for a regional agency preparing documents pursuant to section 18776(b)(3)(A) and (5) of this article will occur when the final draft Siting Element and Summary Plan from each county that makes up the regional agency have been adopted by the county and cities within the county. These revised documents shall be approved as described in Public Resources Code sections 41721 and 41760. A final draft Siting Element and Summary Plan shall be accompanied by environmental documentation verifying compliance with CEQA, pursuant to Public Resources Code sections 21000 et seq.
(1) Each incorporated city in the county, and each county, shall conduct a public hearing for the purpose of adopting the final draft Siting Element and Summary Plan. After considering all public comments, each county and each city within the county shall, by resolution, either approve or disapprove the final draft Siting Element and Summary Plan.
(2) If the final draft Siting Element and Summary Plan are not approved by each county and the cities within each county as described in Public Resources Code sections 41721 and 41760, then the county responsible for preparing the final draft Siting Element and Summary Plan shall revise the deficient areas within 90 days of the close of the local jurisdiction review period specified in PRC section 41721 and recirculate them for local approval, pursuant to sections 18780 through 18785 of this article.
(c) Local adoption of the RAIWMP for a regional agency preparing documents pursuant to section 18776(b)(3)(B) of this article will occur when the final draft Siting Element and Summary Plan have been approved by the regional agency and by a majority of the member agencies within the regional agency except in those regional agencies which have only two member agencies, in which case the Siting Element and Summary Plan are subject to approval of the member agency which contains a majority of the population of the member agencies of the county. Each member agency shall act upon the Siting Element and the Summary Plan within 90 days after receipt of the documents. If a member agency fails to act upon the Siting Element and Summary Plan within 90 days after receipt of the element and plan, the member agency shall be deemed to have approved the Siting Element and Summary Plan as submitted. A final draft Siting Element and Summary Plan submitted for local adoption shall be accompanied by environmental documentation verifying compliance with CEQA, pursuant to Public Resources Code sections 21000 et seq.
(1) Each member agency, and the regional agency, shall conduct a public hearing for the purpose of adopting the final draft Siting Element and Summary Plan. After considering all public comments, the regional agency and each member agency within the regional agency shall, by resolution, either approve or disapprove the final draft Siting Element and Summary Plan.
(2) If the final draft Siting Element and Summary Plan are not approved as provided in subsection (c) of this section, then the regional agency responsible for preparing the final draft Siting Element and Summary Plan shall revise the deficient areas within 90 days of the close of the local jurisdiction review period specified in PRC section 41721 and recirculate them for local approval, pursuant to sections 18780 through 18785 of this article. These revised documents shall be approved as described in subsection (c) above.
(d) Local approval of the RAIWMP for a regional agency formed pursuant to section 18776(b)(4) of this article will occur when the final draft Siting Element and Summary Plan for each county where the regional agency exists have been adopted by the cities and each county. The final draft Siting Element and Summary Plan shall be approved as described in Public Resources Code sections 41721 and 41760. A final draft Siting Element and Summary Plan submitted for local adoption shall be accompanied by environmental documentation verifying compliance with CEQA, pursuant to Public Resources Code sections 21000 et seq.
(1) Each incorporated city in each county, and each county, shall conduct a public hearing for the purpose of adopting the final draft Siting Element and Summary Plan. After considering all public comments, each county and city within each county shall, by resolution, either approve or disapprove the final draft Siting Element and Summary Plan.
(2) If the final draft Siting Element and Summary Plan are not approved by each county and cities within each county, then each county shall revise the deficient areas within 90 days of the close of the local jurisdiction review period specified in PRC section 41721 of this article and recirculate them for local approval, pursuant to sections 18780 through 18785 of this article. These documents shall be approved as described in Public Resources Code section 41721 and 41760. These revised documents shall be approved as described in this subsection (d) above.
(e) If a jurisdiction or member agency disapproves the Siting Element or the Summary Plan, the jurisdiction or member agency shall give written notification to the LTF, the County Board of Supervisors and the Board of the deficient areas in the Siting Element or the Summary Plan within 30 days of disapproval.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40950, 40971, 41000, 41720, 41721, 41751 and 41760, Public Resources Code.
s 18784. Submittal of Countywide and Regional Agency Integrated Waste Management Plan to the Board for Approval.
(a) Within 30 days of the local adoption of the CIWMP, as provided in section 18783 of this article, the county shall submit, unless any of these documents have been submitted pursuant to the requirements of this chapter, three hardcopies, or two hardcopies and two magnetically coded disks in a format approved by Board staff, of the following to the Board:
(1) for a county with no regional agency within its boundaries, a CIWMP consisting of the Source Reduction and Recycling Elements (SRRE's), Household Hazardous Waste Elements (HHWE's), and Nondisposal Facility Elements (NDFE's) for the county and each city within the county, and the Siting Element and Summary Plan.
(2) for a county which contains one or more regional agencies the CIWMP shall include:
(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 documents as a regional agency;
(C) a countywide Siting Element and Summary Plan.
(3) a copy of the agreement forming a regional agency pursuant to Public Resources Code section 40975;
(4) a copy of each jurisdiction's resolution adopting its SRRE, HHWE, and NDFE, and approving or disapproving the Siting Element and Summary Plan;
(5) a copy of the public notices for each jurisdiction's public hearings on the SRRE, HHWE, NDFE, Siting Element and Summary Plan;
(6) a copy of the Notice of Determination, for the project's CEQA document(s), which has been filed with the State Clearinghouse in the Office of Planning and Research;
(7) a tabulation showing that the Siting Element and Summary Plan were approved by the county and the cities within the county in accordance with sections 41721 and 41760 of the Public Resources Code.
(b) Within 30 days of the local adoption of the RAIWMP, as provided in section 18783 of this article, the regional agency shall submit, unless these documents have already been submitted pursuant to the requirements of this chapter, three hardcopies, or two hardcopies and two magnetically coded disks in a format approved by Board staff, of the following to the Board:
(1) for a regional agency composed of two or more counties and all of the cities within those counties, the RAIWMP shall include 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, 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 RAIWMP consisting of a SRRE and HHWE, and a 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), the RAIWMP shall include a SRRE and HHWE for the regional agency, a NDFE for each city and the county that is a member agency of the regional agency, and a Siting Element and Summary Plan for each county that is wholly encompassed by the regional agency.
(4) a copy of the agreement forming a regional agency pursuant to Public Resources Code section 40975;
(5) a copy of each jurisdiction's resolution adopting its SRRE, HHWE, and approving or disapproving the Siting Element and Summary Plan;
(6) a copy of the public notices for each jurisdiction's public hearing on the applicable preliminary draft and final draft SRRE, HHWE, and Siting Element and Summary Plan;
(7) a copy of the Notice of Determination, for the project's CEQA document(s), which has been filed with the State Clearinghouse in the Office of Planning and Research;
(8) a tabulation showing that the Siting Element and Summary Plan were approved by the county and the cities within the county in accordance with sections 41721 and 47160 of the Public Resources Code or by each member agency of a regional agency in accordance with section 18783(c) of this article.
(c) The Board's 120 day review period for consideration of approval of the Siting Element and the Summary Plan will commence upon determination by the Board that the accompanying documents required in section 18784 of this article have been submitted and are included or referenced by the submitting jurisdiction.
(1) Within 30 days of receipt of the Siting Element and the Summary Plan submitted for approval, the Board shall indicate to the submitting jurisdiction whether all requirements in section 18784 of this article have been fulfilled. If the jurisdiction is notified that the required documents have not been submitted, the jurisdiction shall submit the remaining document(s) within 30 days of notification.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40975, 41720, 41721, 41760, 41790, 41791 and 41793, Public Resources Code.
s 18785. Board Approval of Countywide and Regional Agency Integrated Waste Management Plan.
(a) Following submittal of a locally adopted CIWMP or RAIWMP to the Board, the Board shall have at least 90 days, but not more than 120 days, with a median of 105 days, to review and act upon the CIWMP or RAIWMP. The Board, at a public hearing, shall determine whether the CIWMP or RAIWMP meets the requirements of the California Integrated Waste Management Act of 1989 as amended. After considering public testimony, input from the LTF, and written comments, the Board shall approve, conditionally approve, or disapprove the CIWMP or RAIWMP. The Board shall either adopt a resolution approving or conditionally approving the CIWMP or RAIWMP, or issue a Notice identifying deficiencies in the CIWMP or RAIWMP.
(b) Within 30 days of approval, conditional approval, or disapproval of a CIWMP or RAIWP, the Board will send a copy of the resolution of approval or conditional approval, or a Notice identifying the deficiencies to the jurisdiction(s) responsible for preparation of the CIWMP or RAIWMP and any Element containing deficiencies.
(1) In a Notice of Deficiency, the Board shall identify the deficient areas in a CIWMP or RAIWMP and provide a written analysis of why these areas are deficient and provide recommendations to correct deficient areas.
Note: Authority cited: Section 40502, Public Resources Code; and Section 15736, Government Code. Reference: Sections 41790, 41800, 41801 and 41810, Public Resources Code.
s 18786. Resubmittal of Countywide and Regional Agency Integrated Waste Management Plans or Designated Sections of Countywide and Regional Agency Integrated Waste Management Plans After a Finding of Deficiency.
A county or regional agency shall modify and resubmit the modified sections of the CIWMP or RAIWMP which were identified in the Notice of Deficiency, in accordance with the requirements of Public Resources Code sections 41811, 41811.5, and 41812 and with sections 18780 through 18784 of this article. If a county or regional agency is unable to submit a modified CIWMP or RAIWMP within 120 days of receipt of the Notice of Deficiency, then within 45 days of receipt of the Notice of Deficiency, a county or regional agency shall submit a modification schedule and an explanation of the need for extension to the Board.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41790, 41810, 41811, 41812 and 41813, Public Resources Code.
s 18787. Annual Review of Progress Towards Solid Waste Disposal Goals.
Note: Authority: Section 40502, Public Resources Code. Reference: Sections 40051, 40052, 41701, 41750, 41751, 41760 and 41821, Public Resources Code.
s 18788. Five-Year Review and Revision of the Countywide or Regional Agency Integrated Waste Management Plan.
(a) CIWMP or RAIWMP Review. Prior to the fifth anniversary of Board approval of a CIWMP or RAIWMP, or its most recent revision, the LTF shall complete a review of the CIWMP or RAIWMP in accordance with Public Resources Code sections 40051, 40052, and 41822, to assure that the county's and regional agency's waste management practices remains consistent with the hierarchy of waste management practices defined in Public Resources Code, section 40051.
(1) Prior to the fifth anniversary of Board approval of the CIWMP or RAIWMP, the LTF shall submit written comments on areas of the CIWMP or RAIWMP which require revision, if any, to the county or regional agency and the Board.
(2) Within 45 days of receiving LTF comments, the county or regional agency shall determine if a revision is necessary, and notify the LTF and the Board of its findings in a CIWMP or RAIWMP Review Report.
(3) When preparing the CIWMP or RAIWMP Review Report the county or regional agency shall address at least the following:
(A) changes in demographics in the county or regional agency;
(B) changes in quantities of waste within the county or regional agency;
(C) changes in funding sources for administration of the Siting Element and Summary Plan;
(D) changes in administrative responsibilities;
(E) programs that were scheduled to be implemented but were not, a statement as to why they were not implemented, the progress of programs that were implemented, a statement as to whether programs are meeting their goals, and if not what contingency measures are being enacted to ensure compliance with Public Resources Code section 41751;
(F) changes in permitted disposal capacity, and quantities of waste disposed of in the county or regional agency;
(G) changes in available markets for recyclable materials; and
(H) changes in the implementation schedule.
(4) Within 90 days of receipt of the CIWMP or RAIWMP Review Report, the Board shall review the county's or regional agency's findings, and at a public hearing, approve or disapprove the county's or regional agency's findings. Within 30 days of its action, the Board shall send a copy of its resolution, approving or disapproving the county's or regional agency's findings, to the LTF and the county or regional agency. If the Board has identified additional areas that require revision, the Board shall identify those areas in its resolution.
(b) CIWMP or RAIWMP Revision. If a revision is necessary the county or regional agency shall submit a CIWMP or RAIWMP revision schedule to the Board.
(1) The county or regional agency shall revise the CIWMP or RAIWMP in the areas noted as deficient in the CIWMP or RAIWMP Review Report and/or as identified by the Board.
(2) The county or regional agency shall revise and resubmit its CIWMP or RAIWMP pursuant to the requirements of sections 18780 through 18784 of this article.
(c) The county shall submit all revisions of its CIWMP to the Board for approval. The revised CIWMP shall be reviewed pursuant to the requirements of sections 18784 through 18786 of this article.
(d) The regional agency shall submit all revisions of its RAIWMP to the Board for approval. The revised RAIWMP shall be reviewed pursuant to the requirements of sections 18784 through 18786 of this article.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40051, 40052, 41750, 41760, 41770, and 41822, Public Resources Code.
s 18789. Board Approval of the Plan Revision.
Note: Authority cited: Sections 40502 and 41824, Public Resources Code; and Section 15376, Government Code. Reference: Sections 41790, 41800, 41801, 41810 and 41822, Public Resources Code.
s 18790. Resubmittal of a Deficient Plan Revision.
Note: Authority cited: Sections 40502 and 41824, Public Resources Code. Reference: Sections 41790, 41810, 41811, 41812 and 41813, Public Resources Code.
s 18791. Resubmittal of a Deficient Plan Revision.
Note: Authority cited: Sections 40502 and 41824, Public Resources Code. Reference: Sections 41790, 41810, 41811, 41812 and 41813, Public Resources Code.
s 18794.0. General Requirements and Due Dates.
(a) Each jurisdiction shall submit an annual report that discusses the progress achieved in implementing the programs and/or facilities described in a jurisdiction's Planning Documents. Planning Documents include the Source Reduction and Recycling Element (SRRE), Household Hazardous Waste Element (HHWE), Nondisposal Facility Element (NDFE), Siting Element (SE), Summary Plan, or Petition for Reduction.
(b) The annual report shall also discuss the progress a jurisdiction has made in achieving the disposal reduction goals required by Public Resources Code (PRC) section 41780.
(c) A jurisdiction includes a City, County, City and County, or Regional Agency, as defined in Section 18801.
(d) The annual report will serve as a basis for determining if any of the Planning Documents need to be revised to reflect new or changed local and regional solid waste management programs, facilities, and other conditions, as well as to determine compliance with the mandated disposal reduction goals.
(e) Jurisdictions shall submit the annual report as follows:
(1) Jurisdictions with Planning Documents approved or conditionally approved prior to January 1, 1996, shall submit their first annual report on these approved documents by August 1, 1996.
(2) Jurisdictions that did not have any Planning Documents approved or conditionally approved prior to January 1, 1996 shall submit their first annual report by August 1 of the year following Board-approval or conditional approval of a Planning Document.
(3) Jurisdictions shall submit subsequent annual reports every August 1 thereafter, that address all of a jurisdiction's Planning Documents that have been approved or conditionally approved by the Board either during, or prior to, the previous calendar year.
(f) Jurisdictions shall submit three copies of the annual report.
(g) If a jurisdiction includes information on disaster wastes in its annual report, "disaster" shall mean a natural catastrophe such as an earthquake, fire, flood, landslide, or volcanic eruption, or, regardless of cause, any explosion, fire, or flood. In order to be considered a disaster, a local emergency or a state of emergency shall have been duly proclaimed.
(h)(1) For the purposes of this Article, "district" means a community service district that provides solid waste handling services or implements source reduction and recycling programs. Commencing on July 1, 2001, a "district" also includes a sanitary district that provides solid waste handling services or implements source reduction and recycling programs.
(2) Each district shall provide the city, county, or regional agency in which it is located, information on the programs implemented by the district and the amount of waste disposed and diverted within the district.
(3) This information shall be supplied to the city, county, or regional agency so that it may be incorporated into the annual report.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40050, 40051, 40052, 40901, 41000, 41300, 41500, 41510, 41700, 41730, 41731, 41750, 41750.1, 41751, 41780, 41801.5, 41821, 41821.2 and 41850, Public Resources Code.
s 18794.1. Goal Achievement Calculations.
(a) A jurisdiction's annual report shall include the calculations described in this Section to measure achievement of the disposal reduction requirements of PRC section 41780. The diagram below shows the sequence of the calculations.
Measuring Goal Achievement
(b) Step 1. A jurisdiction shall first adjust its Board-approved base-year generation amount, as required in Section 18797.3. This adjustment yields the estimated reporting year generation amount.
(c) Step 2. A jurisdiction shall next calculate its maximum allowable disposal tonnage, as follows:
(1) A jurisdiction without a Board-approved petition for reduction in the goal shall multiply its estimated reporting year generation amount by 0.75 (75%) for the years 1995 through 1999, and by 0.50 (50%) for the year 2000 and beyond.
(2) A jurisdiction with a Board-approved petition for reduction in the goal, except for a jurisdiction that is a region as described in (3) below, shall multiply its estimated reporting year generation amount by the difference between 100% and the reduced goal. For example, if the reduced goal for 1995 is 15%, then the estimated reporting year generation amount would be multiplied by 85% (100% - 15% = 85%).
(3) A region that has at least one member agency that has a Board-approved petition for reduction in the goal, but does not have a reduced goal for the region as a whole, shall calculate its maximum allowable disposal as specified in PRC Section 41787.2.
(d) Step 3. A jurisdiction shall next deduct any tonnages from the reporting year disposal tonnage calculated pursuant to Section 18813 which it is authorized to subtract because:
(1) it meets the criteria in PRC section 41782 for claiming a reduction in its disposal tonnage because of a regional diversion facility, or regional medical waste treatment facility; and/or
(2) it has disposed of additional amounts of solid waste as a result of a disaster.
These deductions yield the corrected reporting year disposal tonnages.
(e) Step 4. A jurisdiction shall then compare its maximum allowable disposal tonnage (from Step 2) to its corrected reporting year disposal tonnage (from Step 3). The goal has been met if the maximum allowable tonnage is greater than or equal to the corrected reporting year disposal tonnage.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41780, 41780.1, 41780.2, 41781, 41782, 41787.2, 41821, 41821.5 and 41850, Public Resources Code.
s 18794.2. Reporting Requirements for Calculations.
(a) Jurisdictions who were incorporated prior to January 1, 1995 and who submit their first annual report in 1997 or later, shall include their disposal reduction calculations for 1995, in addition to their disposal reduction calculations for the current reporting year.
(b) The information used for calculating the adjustment in Section 18794.1(b) above, shall be included in a jurisdiction's annual report to the Board.
(c) If a jurisdiction is a member of a Regional Agency, then a single combined report of the information shall be made for all the members of the Regional Agency.
(d) The annual report shall include the information listed below for the calculated adjustment:
(1) Name of all jurisdictions included in the report
(2) For the jurisdiction's base-year:
(A) base-year
(B) population factor number and data source used
(C) employment factor number and data source used
(D) uncorrected taxable sales factor number and data source used
(E) consumer price index number and data source used
(F) residential generation tonnage amount
(G) non-residential generation tonnage amount.
(3) For the jurisdiction's reporting-year:
(A) reporting-year
(B) population factor number and data source used
(C) employment factor number and data source used
(D) uncorrected taxable sales factor number and data source used
(E) consumer price index factor number and data source used
(F) a copy of all interim calculations used to reach the adjusted base-year tonnage amount
(G) estimated reporting-year generation as calculated using the equations in Section 18797.3.
(e) In addition to the information required by this Section, a jurisdiction may also submit in its annual report any other information it wishes the Board to consider relating to the base-year waste generation tonnage amounts, adjustment factors, or calculations. The additional information may include a discussion of why the adjustment method as described in Section 18797.3 may not fully represent a jurisdiction's local conditions, and what additional adjustments would be needed.
(f) If a jurisdiction made an adjustment in its reporting year disposal tonnages because of a regional medical waste treatment facility or regional diversion facility located within its borders, it shall provide the Board with documentation demonstrating it meets the criteria specified in PRC section 41782 for making such an adjustment.
(g) If a jurisdiction made an adjustment in its reporting year disposal tonnages because of a disaster, it shall provide the Board with documentation demonstrating that:
(1) the tonnages subtracted resulted from the disaster;
(2) the jurisdiction implemented to the extent feasible, diversion programs to maximize diversion through reuse, recycling, or composting of disaster-related solid waste; and,
(3) the tonnages subtracted are consistent with the additional tonnages reported by the facilities where the solid waste was disposed.
(h) A jurisdiction may also provide additional information related to the tons of waste disposed in California including "host-assigned" waste as described in Sections 18809, 18810, and 18811, or exported from California. The jurisdiction shall describe how this additional information was obtained.
(i) If a jurisdiction's calculations as described in Section 18794.1 above, show its disposal reduction goal has not been met, then a jurisdiction shall discuss in its annual report what possible problems may have prevented it from reaching its goal. Problems may include, but are not limited to:
(1) base-year innaccuracies;
(2) disposal reporting problems;
(3) changes in a jurisdiction's waste stream beyond the jurisdiction's control; or
(4) changes in the overall waste management system that may hinder achievement of the disposal reduction goals.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41780, 41780.1, 41782, 41813, 41821, 41821.5 and 41850, Public Resources Code.
s 18794.3. SRRE/NDFE and HHWE Implementation.
(a) SRRE/NDFE Annual Report Requirements. Each jurisdiction shall monitor its reduction of solid waste and summarize in the annual report its progress toward achieving the mandated disposal reduction goals identified in PRC section 41780. The information provided will serve as a basis for determining whether a revision of a SRRE is needed. The SRRE/NDFE section of the annual report shall address at least the following:
(1) Implementation status of selected programs;
(2) If any selected programs were not implemented, provide an explanation;
(3) Contingency programs or other measures that have been, or will be, implemented to help achieve the disposal reduction goals;
(4) Changes to selected programs, implementation schedules, or funding sources;
(5) Efforts made to inform the public of selected programs and facilities, and to increase public participation;
(6) Any barriers that may prevent achivement of the disposal reduction goals;
(7) Any changes in the use of nondisposal facilities, both existing or planned;
(8) If a jurisdiction's calculations show its disposal reduction goal has not been met, then a jurisdiction may include an expanded discussion on items 1 through 7 above; (continued)