CIWMP Enforcement Policy

Five-Year CIWMP/RAIWMP Review Report Preparation and Guidelines

What is Expected in a County’s or Regional Agency’s Five-Year CIWMP or RAIWMP Review Report?

A county’s or regional agency’s Five-Year CIWMP or RAIWMP Review Report is a comprehensive analysis regarding the continuing adequacy of the individual planning documents (SRRE, HHWE, NDFE, SE, SP) that make up its CIWMP or RAIWMP since those documents were first adopted (or last amended). The analysis should:

• Address whether the current planning documents are sufficiently updated via Annual Reports, Time Extension, corrected or new SWGS, etc.
• Conclude with a determination as to whether one or more of these documents need to be revised and the basis for that decision. The county’s or regional agency’s determination should be the end result of a joint effort between the county or regional agency and its jurisdictions; the LTF would be the general vehicle for the necessary information exchange.

If a revision is determined necessary, the Five-Year CIWMP or RAIWMP Review Report must include a revision schedule for the applicable planning documents.

Note: The unincorporated county completes and submits a Five-Year CIWMP Review Report evaluating the adequacy of all the planning documents in the county (i.e., the planning documents for each city, regional agency and the unincorporated county area). The evaluation of individual city SRREs, HHWEs, and NDFEs would be based on information provided by those individual cities. A Five-Year RAIWMP Review Report would include the same scope but would be completed by the Regional Agency, unless otherwise provided in the Regional Agency Agreement.

The Board’s Process for Evaluating Five-Year CIWMP or RAIWMP Review Reports

The Board’s Local assistance staff will review the information provided in each jurisdiction’s Annual Report to determine the continuing adequacy of the planning documents and any need for revision.

• Title 14, CCR section 18722(d)  provides that each jurisdiction’s Annual Report must contain the jurisdiction's analysis of the need to revise its SWGS, including the need to revise its data on the sources of generation, diversion and disposal, and its data on categories and types of solid waste generated, diverted and disposed. Similarly, Title14, CCR sections 18794.3 and 18794.4 require jurisdictions to address in their Annual Reports the adequacy of, or the need to revise, each of their planning documents.
• PRC section 41821(d) provides that the Board shall use the Annual Report in the determination of whether a jurisdiction's SRRE needs to be revised. Similarly, Title 14, CCR section 18794 states the Annual Report will serve as a basis for determining if any of the planning documents need to be revised to reflect new or changed local and regional solid waste management programs, facilities, and other conditions.

Local assistance staff’s evaluation of a Five-Year CIWMP or RAIWMP Review Report will also be based on the requirements specified in Title 14, CCR section 18788 (as outlined in the next section). This review will determine whether the county or regional agency’s Five-Year CIWMP or RAIWMP Review Report addresses the fundamental changes in a jurisdiction that could affect waste quantities and management since its planning documents were prepared. The review also includes an evaluation regarding whether such changes necessitate a revision to one or more of the planning documents. Jurisdictions may use a number of reporting processes, such as the Annual Report, Time Extension, corrected or new SWGS, etc., to update programmatic information in cases where a revision is not necessary. In the event that a revision is determined necessary, Local assistance staff will also review the required revision schedule for completeness, accuracy and reasonableness (with respect to the specified amendment guidelines and procedures).

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Last updated: December 28, 2007