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Five-Year Revision Letters
Re: Five-Year Revision
Letter prepared by Patrick Schiavo, Manager, Office of Local Assistance
The purpose of this letter is to clarify the Boards' oversight of the
Five-Year revision process. While still maintaining the integrity and intent
of AB 939, the Board is also very interested with assisting in the
development of efficient and effective processes.
Existing law (PRC section 41770) states that "each countywide or regional
agency integrate waste management plan, and the elements thereof, shall be
reviewed, revised, if necessary, and submitted to the Board every five years
in accordance with the schedule set forth under Chapter 7 (commencing with
section 41800)." Review the following items for specifics regarding the
Five-Year revision process.
- Title 14 of the California Code of Regulation, sections 18788 provides
that the Five-Year revision schedule is calculated from the date of Board
approval of the original Countywide Integrated Waste Management Plan and
all its elements, not the approval dates of the individual elements.
- Submittal of Five-Year revisions is only required if either the Board
or the jurisdiction determines that a revision would be necessary "to
correct any deficiencies in the element or plan, (and) to comply with the
source reduction and recycling requirements established under section
41780" as required by PRC section 41822.
- Jurisdictions completing the Five-Year revision may include the
revision under cover of the existing Annual Report document that is to be
submitted to the Board for that year. However, if submitting the five year
revision with the Annual Report, the procedures set forth in 14 CCR 18788
must still be complied with before the Board can consider approval of the
Five-Year revision document.
We hope this clarifies any questions you may have regarding the Five-Year
revision process. If you have any questions regarding this process, please
feel free to contact your Local assistance staff representative at (916) 341-6199.
July 21, 2000
Re: Five-Year Revision Process
Letter prepared by Cara Morgan, Branch Manager Local Assistance
The purpose of this letter is to clarify the Board’s oversight of the
Five-Year revision process. The Board previously sent notification to
jurisdictions on October 30, 1998 regarding the Board’s oversight of the
Five-Year revision process. While still maintaining the integrity and intent
of AB 939, the Board is also very interested with assisting jurisdictions in
the development of efficient and effective planning and reporting processes.
Existing law (PRC section 41770) states that “each countywide or regional
agency integrated waste management plan, and the elements thereof, shall be
reviewed, revised, if necessary, and submitted to the Board every Five-Years
in accordance with the schedule set forth under Chapter 7 (commencing with
section 41800).” The following items provide specific information regarding
the Five-Year revision process.
- Title 14 of the California Code of Regulations, sections 18788 provides
that the Five-Year revision schedule is calculated from the date of Board
approval of the original Countywide Integrated Waste Management Plan and
all its elements, not the approval dates of the individual elements.
- PRC section 18788 provides that prior to the fifth anniversary of Board
approval of a countywide or regional agency integrated waste management
plan (CIWMP or RAIWMP), or its most recent revision, the Local Task Force
(LTF) shall complete a review of the CIWMP or RAIWMP in accordance with
PRC sections 40051, 40052, and 41822, to assure that the county’s and
regional agency’s waste management practices remain consistent with the
hierarchy of waste management practices defined in PRC section 40051. 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.
- Submittal of a Five-Year revision is only required if either the Board
or the jurisdiction determines that a revision would be necessary “to
correct any deficiencies in the element or plan, [and] to comply with the
source reduction and recycling requirements established under section
41780” as required by PRC section 41822. The Board’s Legal staff has
determined that jurisdictions can utilize their Annual Reports to the
Board to update program information where it has been determined that a
revision is not necessary. In addition to the updates in the Annual
Report, the LTF comments and the CIWMP/RAIWMP Review Report should be
included.
- Jurisdictions that have determined that a Five-Year revision is
necessary may include the revision under cover of the existing Annual
Report document that is to be submitted to the Board for that year. The
procedures set forth in 14 CCR 18788 must still be complied with before
the Board can consider approval of the Five-Year revision document.
We hope this clarifies any questions you may have regarding the Five-Year
revision process. If you have any questions regarding this process, please
feel free to contact your Local assistance staff representative at (916) 341-6199.
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