Failure to Implement Approved Integrated Waste Management Plans

Introduction

Once a California jurisdiction adopts an integrated waste management plan, it must implement the plan to the best of its ability. To help the CIWMB determine whether a jurisdiction is taking the appropriate steps to implement its plan, the jurisdiction submits an annual report to CIWMB. Every two years after SRRE approval, the CIWMB reviews the jurisdiction's progress toward implementation of its plans and achievement of the 50 percent diversion requirement. The following summarizes the Board's enforcement action in the area of plan implementation. (Also see failure to submit an adequate plan, the Board's enforcement guidelines and the Board's Enforcement Orders).

Background

If implementation of a jurisdiction's CIWMB-approved Source Reduction and Recycling Element (SRRE) does not result in 50 percent solid waste diversion, the Board may do one of the following:

Decide that, even though the waste diversion requirement has not been met, the jurisdiction's program implementation efforts are sufficient to warrant "good-faith effort" status.
Place the jurisdiction under a compliance order (PRC 41825).

To ensure consistency in its treatment of jurisdictions leading up to potential penalties, the Board adopted enforcement policies in February 1995, and updated the policies in August 2001 (which were incorporated by statute).

When a jurisdiction fails to achieve 50 percent waste diversion, the Board directs staff to assist the jurisdiction to develop a plan to reach that goal. These Plans of Correction or Goal Achievement Plans (plan) form the basis of a jurisdiction's time extension or alternative diversion requirement (ADR). Progress on the plan is monitored using a convenient and innovative electronic update program. If a jurisdiction fulfills the plan but still fails to reach 50 percent diversion, it may apply for another time extension or ADR. Under current law, all time extensions and ADRs ended on January 1, 2006.

If the jurisdiction fails to complete the plan, the Board may hold another hearing to determine whether to place the jurisdiction on compliance. The compliance order issued by the Board at such a hearing is accompanied by a plan for corrective action outlining specific steps and a schedule of deadlines which will bring the jurisdiction into compliance with the Integrated Waste Management Act.

When a jurisdiction fails to implement the conditions of its compliance order, the CIWMB conducts a penalty hearing to determine whether to exercise its authority under PRC 41850 to fine jurisdictions up to $10,000 per day.

Good Faith Effort

To view jurisdictions granted "Good Faith Effort" status, visit the CIWMB's Countywide, Regionwide, and Statewide Jurisdiction Diversion Progress Report. Select "By Geographical Area" and "Entire State." Then select the year. For "Diversion Rate Range," select "All Diversion Rates." For "Biennial Review Status," select "Board Approved Good Faith Effort."

Time Extensions and ADRs

Time Extensions and ADRs sunset on December 31, 2005. To view jurisdictions with time extensions or ADRs, visit the CIWMB's Countywide, Regionwide, and Statewide Jurisdiction Diversion Progress Report. Select "By Geographical Area" and "Entire State." Then select the year. For "Diversion Rate Range," select "All Diversion Rates." For "Biennial Review Status," select "Board Approved Time Extension" or "Board Approved Alternative Diversion Requirement."

Compliance Orders

To view the jurisdictions under compliance, visit the CIWMB's Countywide, Regionwide, and Statewide Jurisdiction Diversion Progress Report. Select "By Geographical Area" and "Entire State." Then select the year. For "Diversion Rate Range," select "All Diversion Rates." For "Biennial Review Status," select "Compliance Active."

Penalty Hearings

The information below summarizes actions taken by the Board at penalty hearings. Individual fines and the Board's stated reasons for them are summarized below and detailed in the linked documents.

City of Gardena

At a public hearing on January 14, 2003, the CIWMB issued Compliance Order No. IWMA BR03-02 to the City of Gardena. At that public hearing, the Board found that the city had:

Achieved a 2000 diversion rate of 13 percent.
Not made a good faith effort to implement the programs as identified in its SRRE because it had failed to adequately handle diversion of waste from its commercial sector.

As part of the compliance order, the Board ordered the city to enter into a local assistance plan with the CIWMB's local assistance staff no later than June 30, 2003. Due to delays by the city, the local assistance plan was not finalized until August 18, 2003.

On September 16, 2003, the CIWMB fined the City of Gardena $70,000 for failure to meet the conditions of the compliance order. The fine was equal to approximately $1,460 per day for every day the local assistance plan was late. (Press release | Board Resolution (MS Word, 26 KB) | Board Agenda Item (MS Word, 122 KB) | Board Meeting Agenda, Item 12)

Gardena paid the $70,000 fine on October 27, 2003.

At a public hearing on January 17, 2007, the CIWMB ruled that the City of Gardena had satisfactorily met all of the requirements of the compliance order. The CIWMB ended the city's compliance order.

City of McFarland

At a public hearing on January 14, 2003, the CIWMB issued Compliance Order IWMA BR03-01 to the City of McFarland. At that public hearing, the Board found that the city:

Achieved a 2000 diversion rate of 34 percent.
Had not sufficiently implemented solid waste diversion programs it had identified in its planning documents and in its annual reports.

The CIWMB required McFarland to file its local assistance plan in June 2003, but gave the city an extra two months to accomplish that task due to city staffing changes. However, by April 2004 it became apparent there was little progress in implementing the plan and a notice for a penalty hearing was issued in June.

On July 14, 2004, the CIWMB fined the City of McFarland $11,330 for failure to meet the conditions of the compliance order. The Board found the City had not made a good-faith effort to implement its local assistance plan; specifically, it had failed to provide expanded recycling opportunities for the public, and it had failed to implement a mandatory commercial recycling program. The Board voted to impose a contingent fine of $36,960 on the city if it fails to complete the promised program implementation by December 31, 2004. (Press release | Board Resolution (MS Word, 28 KB)| Board Agenda Item (MS Word, 173 KB) | Board Meeting Agenda, Item 9)

McFarland paid the $11,330 fine on July 28, 2004. The Board continues to closely monitor the city's progress in implementing the necessary solid waste diversion programs.

City of Fortuna

At a public hearing on September 17, 2002, the CIWMB issued Compliance Order IWMA BR02-01 to the City of Fortuna. At that public hearing, the Board found that the city:

Achieved a 2000 diversion rate of 34 percent.
Had not sufficiently implemented solid waste diversion programs identified in its planning documents.

As part of the compliance order, the Board ordered the city to enter into a local assistance plan (LAP) with the CIWMB's local assistance staff no later than by December 31, 2002. Based on the information provided in the City's LAP updates, multiple site visits, and numerous discussions with City staff, the City has failed to demonstrate a good faith effort to implement the tasks listed in the LAP.

On July 19, 2005, the CIWMB fined the City of Fortuna $5,000 plus $100 per day for the days from July 19, 2005, until the tasks due are completed, for failure to meet the conditions of the compliance order. The CIWMB found the City had not made a good-faith effort to implement its LAP; specifically, curbside program and a construction and demolition policy.

However, the Board delegated to its executive director (ED) the authority to review City of Fortuna's progress on the two programs and suspend the fine should the City of Fortuna successfully complete them as adjudged by the ED. Board Resolution (MS Word 36 KB) | Board Agenda Item (MS Word, 138 KB) | Board Meeting Agenda, Item 25)

The City of Fortuna's progress is currently under review.

City of Arvin

At a public hearing on January 13-14, 2004, the CIWMB issued Compliance Order IWMA BR03-05 to the City of Arvin. At that public hearing, the Board found that the city:

Achieved a 2000 diversion rate of 28 percent.
Had not sufficiently implemented solid waste diversion programs identified in its planning documents.

As part of the compliance order, the Board ordered the city to enter into a local assistance plan (LAP) with the CIWMB's local assistance staff no later than May 31, 2004. Based on information provided in the City's quarterly LAP updates, as well as numerous discussions with City staff, the City has failed to demonstrate a good faith effort to implement the specific tasks listed in the LAP by the required due dates.

On November 8, 2005, the CIWMB fined the City of Arvin $5000 for failure to meet the conditions of the compliance order. The CIWMB found the City had not made a good-faith effort to implement its local assistance plan; specifically, expansion of commercial recyclable collection program, commercial green waste collection program, business waste assessments and technical assistance, and a construction and demolition policy. Board Resolution (MS Word 35 KB) | Board Agenda Item (MS Word, 167 KB) | Board Meeting Agenda, Item 1)

Arvin paid the $5,000 fine on December 21, 2005. The Board continues to closely monitor the city's progress in implementing the necessary solid waste diversion programs.

Local Government Central Enforcement

Last updated: January 09, 2008

Local Government Central http://www.ciwmb.ca.gov/LGCentral/
Larry N. Stephens: lstephen@ciwmb.ca.gov (916) 341-6241