CIWMP Enforcement Part II: Failure to Implement

Background

On November 17, 1993, the Board approved Part I of the staff analysis, CIWMP enforcement report. Part I, entitled "Adequacy of CIWMP and Elements," outlines the procedures Board staff will use to determine the adequacy of countywide integrated waste management plans (CIWMPs), source reduction and recycling elements (SRREs), household hazardous waste elements (HHWEs), nondisposal facility elements (NDFEs), and siting elements (CSEs).

On August 14, 2001, the Board approved the revision to its previously approved Part II of the CIWMP enforcement report. The Board uses this Part II report to determine, for each jurisdiction, whether the SRREs and HHWEs have been implemented. Annual reports submitted by the jurisdictions will be used, in combination with the Board’s biennial review and other information, to determine implementation. This report recommends criteria the Board will use during the biennial review to determine whether local jurisdictions' SRREs and HHWEs have been implemented, mechanisms the Board and local jurisdictions will use to achieve compliance with implementation mandates, and the structure of penalties that may be imposed on jurisdictions failing to implement their SRREs and HHWEs.

What is implementation?

Implementation, for the purposes of this report, includes executing the programs as described in the SRRE and HHWE, and achieving the diversion requirements. Criteria for SRRE and HHWE implementation are outlined separately.

Board staff will refer to the various components of the SRRE and HHWE, information from a jurisdiction’s annual report, the Board’s biennial review, and other sources to determine how fully a jurisdiction has implemented its SRRE and HHWE.

As approved by the Board on August 14, 2001.

Last updated: October 26, 2007