Local Government Central Disaster Waste Guidelines

Regulations Regarding Disasters and Disaster Waste

Section 18794.0(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.

Section 18794.1(d) (Step 3 of Goal Achievement Calculations) A jurisdiction shall next deduct any tonnage from the reporting year disposal tonnage calculated pursuant to Section 18813 which it is authorized to subtract because:

(2) it has disposed of additional amounts of solid waste as a result of a disaster.

Section 18794.2 (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 the 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.

The regulations sections cited below are part of the Minimum Standards for Solid Waste Handling and Disposal, Emergency Waiver of Standards (CCR Title 14, Division 7, Chapter 3, Article 3).

Section 17210.1 Definitions

(c) "Disaster" means a natural catastrophe such as an earthquake, fire, flood, landslide, or volcanic eruption, or, regardless or cause, any explosion, fire, or flood.

(f) "Emergency Waiver of Standards" means the document signifying approval by an enforcement agency, which allows an operator, who holds a valid solid waste facilities permit, the ability to deviate from specified state minimum solid waste standards or terms or conditions of a solid waste facilities permit issued pursuant to this Division. The waiver applies to the origin of waste; the rate of inflow for storage, transfer, or disposal of waste; the type and moisture content of solid waste; the hours of facility operation; and the storage time before transfer or disposal of wastes, at a solid waste facility. This includes the establishment of a locally-approved temporary transfer processing site, if authorized by the enforcement agency.

(h) "Extent Feasible" is evidenced by the use of maximum efforts to recycle, reuse, or otherwise divert from disposal as much of the debris and other non-hazardous waste received by the solid waste facility as possible, as determined by the operator.

(j) "Local Emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, as described in Government Code section 8558(b), which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the political subdivisions to combat, as stated in the proclamation by the governing body of a county, city and county, or city, or by an official so designated by ordinance adopted by such governing body to issue such proclamation.

(k) "State of Emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state, as described in Government Code section 8558(b), which conditions, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city, and require the combined forces of a mutual aid region or regions to combat, as stated in a proclamation by the Governor.

Section 17210.2 Purposes and Limitation of Emergency Waiver

(a) An emergency waiver may only be issued when there has been a proclamation of a state of emergency or local emergency, as those terms are defined in this Article.

Section 17210.5 Reporting Requirements for a solid Waste Facility Operator

(a) The solid waste facility operator shall submit a written report to the Enforcement Agency (EA) and the local county agency (agency) within 90 days of activation of the waiver and every 90 days thereafter for the effective period of the activated waiver.

(b) The written report shall include the following information:

(1) The daily amount of disaster debris received, diverted, and disposed at the facility;

(2) The jurisdiction of origin for the disaster debris received at the facility;

(3) The increase in tonnage or volume at waste received per day during the effective period of the activated waiver; and

(4) The facilities used to process the disaster debris.

(c) If pursuant to section 17210.2(d) of this article, the waiver is extended beyond 120 days, the operator shall submit a report, as described in subparagraph (b), to the EA and agency. The report shall be submitted once every 90 days until the end of the effective period of the waiver.

(d) After the active waiver expires, the solid waste facility operator shall continue to submit the information requested in item (b) above to the EA and agency, every 90 days, until there is no longer any discernible disaster related waste being processed or stored at the facility.

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Last updated: December 28, 2007