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| Part 1 |
ADC, Biomass, Disaster waste,
Hazardous waste, Marine waste,
Regional diversion facility waste, Regional medical waste treatment facility
waste, Restricted wastes |
| Part 2 |
New Programs, Sludge,
Special Waste, Tires, Transformation |
| Part 3 |
The diversion requirement, Rate calculation method,
Establishing an alternate diversion rate |
The question of "what counts" has evolved from the relatively
simple statutes in Assembly Bill 939 (AB 939) (e.g., if a waste was normally disposed, it
could count toward diversion, except for agricultural wastes and inert solids), to the
multi-faceted requirements of today. Subsequent bills, including AB 1820 and AB
2494,
introduced restrictions and criteria for counting the diversion of specific waste types,
including agricultural wastes and inert solids, and added other "restricted"
waste types, such as scrap metals and white goods, and sludge.
PRC Section 41781 in the original Assembly Bill 939 states that:
For the purpose of determining the base rate of solid waste from
which recycling levels shall be calculated, "solid waste" includes only the
following:
- Materials in the waste stream generated within a (jurisdiction)
which are normally disposed of at a landfill or transformation facility;
- The amount of solid waste diverted from a landfill or
transformation facility through source reduction, recycling, or composting.
- For the purposes of this section, "solid waste" does not
include: agricultural wastes; inert solids; or other waste products which would not
normally be disposed of at a landfill or transformation facility.
There were no criteria or conditions under which the base-year diversion of these
materials would count.
AB 1820, effective in June, 1990, revised PRC Sec. 41781, by adding certain conditions
for the base-year diversion of certain materials. Specifically:
"Solid waste" does not include any of the following:
- Agricultural wastes, except agricultural wastes which were
disposed of at a permitted disposal facility as of January 1, 1990, which are diverted,
and which are recycled, (composted), or reused;
- Inert solids, including inert solids used for structural fill,
except inert solids which were disposed of at a permitted disposal facility as of January
1, 1990, which are diverted, and which are recycled or reused for paving materials or
other construction-related materials;
- Scrap metals, except scrap metals which were disposed of at a
permitted disposal facility as of January 1, 1990, which are diverted, and which are
recycled or reused;
- Discarded, white-coated major appliances, except those discarded,
white-coated major appliances which were disposed of at a permitted disposal facility as
of January 1, 1990, which are diverted, and which are recycled, or refurbished and reused;
- Sludge.* (this section was replaced later, with PRC Sec. 41781.1).
- Another waste product which would not normally be disposed of at a
landfill or transformation facility.
The current statutory guidelines for counting the diversion of "restricted
wastes" were added in AB 2494 in Section 41781.2. That bill modified the criteria for
counting the base-year diversion of these materials, and also defined some of the terms
used in the criteria.
PRC Sec. 41780 describes the 25 and 50 percent diversion requirement:
41780. (a) Each city or county source reduction
and recycling element shall include an implementation schedule which shows both of the
following:
- For the initial element, the city or county shall divert 25
percent of all solid waste from landfill disposal or transformation by January 1, 1995,
through source reduction, recycling, and composting activities.
- Except as provided in Sections 41783, 41784, and 41785, for the
first revision of the element, the city or county shall divert 50 percent of all solid
waste by January 1, 2000, through source reduction, recycling, and composting activities.
(b) Nothing in this part prohibits a city or
county from implementing source reduction, recycling, and composting activities designed
to exceed these goals.
PRC Secs. 41780.1 and 41780.2 describe the method jurisdictions (and
regions) are to use to calculate their diversion rates:
41780.1. (a) Notwithstanding any other
requirement of this part, for the purposes of determining the amount of solid waste that a
regional agency is required to divert from disposal or transformation through source
reduction, recycling, and composting to meet the diversion requirements of Section 41780,
the regional agency shall use the solid waste disposal projections in the source reduction
and recycling elements of the regional agency's member agencies. The method prescribed in
Section 41780.2 shall be used to determine the maximum amount of disposal allowable to
meet the diversion requirements of Section 41780.
(b) Notwithstanding any other
requirement of this part, for the purposes of determining the amount of solid waste that a
city or county is required to divert from disposal or transformation through source
reduction, recycling, and composting to meet the diversion requirements of Section 41780,
the city or county shall use the solid waste disposal projections in the source reduction
and recycling elements of the city or county. The method prescribed in Section 41780.2
shall be used to determine the maximum amount of disposal allowable to meet the diversion
requirements of Section 41780.
(c) To determine achievement of the
diversion requirements of Section 41780 in 1995 and in the year 2000, projections of
disposal amounts from the source reduction and recycling elements shall be adjusted to
reflect annual increases or decreases in population and other factors affecting the waste
stream, as determined by the board. By January 1, 1994, the board shall study the factors
which affect the generation and disposal of solid waste and shall develop a standard
methodology and guidelines to be used by cities, counties, and regional agencies in
adjusting disposal projections as required by this section.
(d) The amount of additional diversion
required to be achieved by a regional agency to meet the diversion requirements of Section
41780 shall be equal to the sum of the diversion requirements of its member agencies. To
determine the maximum amount of disposal allowable for the regional agency to meet the
diversion requirements of Section 41780, the maximum amount of disposal allowable for each
member agency shall be added together to yield the agency disposable maximum.
41780.2. (a) Each city, county, or
member agency of a regional agency shall determine the amount of reduction in solid waste
disposal and the amount of additional diversion required from the base-year amounts by
using the methods set forth in this section.
(b) The city, county, or member agency
of a regional agency shall multiply the total amount of base-year solid waste generation,
as adjusted using the methods described in subdivision (c) of Section 41780.1, by 0.75 to
determine the maximum amount of total disposal allowable in 1995 to meet the diversion
requirements of Section 41780.
(c) The city, county, or member agency
of a regional agency shall multiply the total amount of base-year solid waste generation,
as adjusted using the methods described in subdivision (c) of Section 41780.1, by 0.50 to
determine the maximum amount of total disposal allowable in the year 2000 to meet the
diversion requirements of Section 41780.
(d) The city, county, or member agency
of a regional agency shall multiply the total amount of base-year solid waste generation,
as adjusted using the methods described in subdivision (c) of Section 41780.1, by 0.25 to
determine the minimum amount of total diversion needed in the year 1995 to meet the
diversion requirements of Section 41780.
(e) The city, county, or member agency
of a regional agency shall multiply the total amount of base-year solid waste generation,
as adjusted using the methods described in subdivision (c) of Section 41780.1, by 0.50 to
determine the minimum amount of total diversion needed in the year 2000 to meet the
diversion requirements of Section 41780.
(f) The city, county, or member agency
of a regional agency shall subtract the total amount of base-year existing diversion from
the minimum total diversion required as determined in subdivision (d) or (e) to determine
the amount of additional diversion needed to meet the diversion requirements of Section
41780. This amount of additional diversion shall be equal to the minimum amount of
additional reduction in disposal amounts which is needed to comply with Section 41780.
PRC Sec. 41785 discusses the process for establishing an alternate
diversion rate:
41785. (a) On and after January 1,
1995, and upon the request of a city or county, the board may establish an alternative
source reduction, recycling, and composting requirement to the 50-percent requirement
established under Section 41780, not to exceed three years unless another alternative
requirement is granted by the board, if the board holds a public hearing and makes both of
the following findings based upon substantial evidence on the record:
- The city or county and has made a good faith effort to
effectively implement the source reduction, recycling, and composting measures described
in its board approved source reduction and recycling element and has demonstrated progress
toward meeting the alternative requirement as described in its annual reports to the board
and the city or county has been unable to meet the 50-percent diversion requirement
despite implementing those measures.
- The alternative source reduction, recycling, and
composting requirement represents the greatest diversion amount that the city or county,
may reasonably and feasibly achieve.
(b) In making the decision whether to
grant an alternative requirement pursuant to subdivision (a) and in determining the amount
of the alternative requirement, the board shall consider circumstances in the city or
county that support the request for an alternative requirement, such as waste disposal
patterns within the city or county and the types of residential and nonresidential waste
disposed by the city or county. The city or county may provide the board with any
additional information that the city or county determines to be necessary to demonstrate
to the board the need for the alternative requirement.
(c) If a city or county that requests
an alternative source reduction and recycling requirement to the 50-percent requirement
has not previously requested an extension pursuant to Section 41820, the city or county
shall provide information to the board that explains why it has not requested an
extension.
(d) A city or county that has
previously been granted an alternative source reduction, recycling, and composting
requirement may request another alternative source reduction, recycling, and composting
requirement. A city or county that requests such another alternative requirement shall
provide information to the board that demonstrates that the circumstances that supported
the previous alternative source reduction, recycling, and composting requirement continue
to exist or shall provide information to the board that describes changes in those
previous circumstances that support another alternative source reduction, recycling, and
composting requirement. The board shall review the original circumstances that supported
the city or county's request, as well as any new information provided by the city or
county that describes the current circumstances, to determine whether to grant another
alternative requirement. The board may approve another alternative requirement if the
board holds a public hearing and makes both of the following findings based upon
substantial evidence in the record:
- The city or county has made a good faith effort to
effectively implement the source reduction, recycling, and composting measures described
in its board approved source reduction and recycling element and has demonstrated progress
toward meeting the alternative requirement as described in its annual reports to the
board.
- The alternative source reduction, recycling, and
composting requirement represents the greatest diversion amount the city or county may
reasonably and feasibly achieve.
(e) If the board establishes a new
alternative requirement or rescinds the existing alternative requirement, the board shall
do so at a public hearing. If the board establishes an alternative requirement, it shall
make both of the following findings based upon substantial evidence in the record:
- The city or county has made a good faith effort to
effectively implement the source reduction, recycling, and composting measures described
in its board approved source reduction and recycling element and has demonstrated progress
toward meeting the alternative requirement as described in its annual reports to the board
and that the alternative diversion requirement is no longer appropriate.
- The new requirement represents the greatest amount of
diversion that the city or county may reasonably and feasibly achieve.
(f)
- No single alternative requirement may be granted for a
period that exceeds three years and, if after the granting of the original alternative
requirement, another alternative requirement is granted, the combined period that the
original and the new alternative requirement is in force and effect shall not exceed a
total of five years.
- Any alternative requirement that is granted prior to
January 1, 2000, shall become effective on January 1, 2000. The board shall require any
city or county granted an alternative requirement prior to January 1, 2000, to comply with
this section after the date that the alternative requirement is granted.
- No alternative requirement shall be granted for any
period after January 1, 2006, and no alternative requirement shall be effective after
January 1, 2006.
- No city or county shall be granted an alternative
requirement if the city or county has failed to meet, on or before July 1, 1998, the
applicable requirements of Chapter 2 (commencing with Section 41000), Chapter 3
(commencing with Section 41300), Chapter 3.5 (commencing with Section 41500), and Chapter
4.5 (commencing with Section 41730).
(g)
- When considering a request for an alternative source
reduction, recycling, and composting requirement, the board may make specific
recommendations for the implementation of alternative programs.
- Nothing in this section precludes the board from
disapproving any request for an alternative requirement.
- If the board disapproves a request for an alternative
requirement, the board shall specify its reasons for disapproval.
(h) If the board grants an alternative
source reduction, recycling, and composting requirement, the city or county may request
technical assistance from the board to assist it in meeting the alternative source
reduction, recycling, and composting requirement. If requested by the city or county, the
board shall assist with identifying model policies and programs implemented by other
jurisdictions of similar size, geography, and demographic mix.
(i) A city or county that is granted an
alternative requirement pursuant to this section shall continue to implement source
reduction, recycling, and composting programs, and shall report the status of those
programs in the report required pursuant to Section 41821.
(j) This section shall remain in effect
until January 1, 2006, and as of that date is repealed.
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