Local Government Central Disaster Waste Guidelines

Procedures for Submitting Disaster Waste Disposal Deduction Claims

A jurisdiction may claim a disposal deduction for disaster waste by submitting a separate Reporting Year Disposal Tonnage Modification Request and Certification form with the annual report for each year that disposal resulted from the disaster. This form has been created to assist jurisdictions with making a deduction claim. The information to be provided is required in the California Code of Regulations (CCR), Title 14, Division 7, Chapter 9,  Article 9, sections 18794.0 9 (g), and 18794.2 (g).

Jurisdictions submitting a disaster-related disposal deduction claim must provide the following information:

• Verification that the claimed disaster is a declared disaster or public emergency; that is, a local emergency or a state of emergency has been duly proclaimed. A state of emergency can only be proclaimed by the Governor. A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body. Chapter 14 of the Board’s disaster plan provides additional details on who may duly proclaim a disaster.
• Supporting documentation of the tonnage being claimed for deduction.
• Description of the diversion programs implemented to maximize the diversion of the disaster-related solid waste.

Board staff will notify a jurisdiction of the results of their analysis of a disaster claim in the annual report preliminary review letter sent to jurisdictions within 120 days of receipt of their annual report. Annual reports do not go before the Board outside of the biennial review process, however.

Jurisdictions should be aware that changes to a jurisdiction’s reporting year disposal amount will not necessarily be reflected in the Board’s Disposal Reporting System (DRS) database. The Countywide, Regionwide, and Statewide Jurisdiction Diversion Progress Report on the Board website, however, would reflect a change after a jurisdiction's biennial review results are considered by the Board.

After the Board hears the biennial review agenda item, a Board action letter noting the agenda item website address and the signed resolution will be sent to the jurisdiction.

Last updated: October 26, 2007