General Guidelines for Amending a Nondisposal Facility Element (NDFE)

The following are procedural guidelines for amending a nondisposal facility element (NDFE) to identify the nondisposal facilities used by a jurisdiction to implement programs in its Board-approved Source Reduction and Recycling Element (SRRE).

Section I of the guidelines, "NDFEs and the Solid Waste Facility Permitting Process," discusses what change would trigger the need for a NDFE amendment.

Section II discusses the six steps in the amendment process, and includes a table showing the required contents (facility descriptions) for NDFEs.

Section III is a letter sent to the Jurisdictions to further explain when a local jurisdiction's NDFE needs amending.

Section 1. NDFEs and the Solid Waste Facility Permitting Process

Part I. When must a jurisdiction amend its Nondisposal Facility Element?

A jurisdiction must amend its Nondisposal Facility Element (NDFE) when siting a new nondisposal facility within its jurisdiction that was not previously identified in its NDFE [or in the appropriate county’s Countywide Siting Element (CSE)]. This holds true for all nondisposal facilities that require a solid waste facility permit (SWFP)**, whether the facility is sited:

• at an existing landfill or transfer station and included in the landfill’s/transfer station’s permit;
• at the landfill or transfer station and has a separate permit; or
• not at a landfill or transfer station and has a separate permit.

** Some exceptions apply; these are identified and discussed in Part 2, below.

The jurisdiction siting the nondisposal facility must amend its NDFE to include the new facility prior to the Board concurring in the SWFP for the new facility. One step in the permitting process is a conformance finding, made first by the Local Enforcement Agency (LEA) for the county, and corroborated by staff in the Board’s local assistance staff. A conformance finding is a verification that the location of a permitted disposal facility is identified in the appropriate County’s siting element (SE), or that a nondisposal facility is identified in the appropriate NDFE.

According to Public Resources Code (PRC) section 50001, no person shall establish or expand a solid waste disposal facility in a county unless the facility’s location is identified in a SE. Likewise, no person shall establish or expand a nondisposal facility within a jurisdiction unless the facility is identified in the host jurisdiction’s NDFE.

When Local assistance staff is requested by the Board’s Permits and Inspection (P & I) Division to make a conformance finding related to a nondisposal facility, staff will look at the host jurisdiction’s NDFE or the applicable SE, to see if that facility is already identified in either document. If it is, staff will make the finding that the facility is in conformance, and no amendment to the NDFE will be necessary. However, if the nondisposal facility is not identified in either the NDFE or the SE, staff will make a finding that the proposed SWFP for that facility is not in conformance with the applicable planning document, and the NDFE will need to be amended.

Part 2. Exceptions to the rule

The Board determined at its August 2002 Board meeting that a “plain English” interpretation of PRC Section 50001 (conformance findings) would also apply to nondisposal solid waste facilities requiring a SWFP that are located at a solid waste facility and included in the facility’s SWFP. Included in the Board’s decision was a narrow exception for certain existing nondisposal activities sited at solid waste facilities. For example, certain existing chipping and grinding activities or concrete crushing activities that may not currently be permitted but may need to be as a result of the Board’s proposed composting regulations or its construction, demolition and inerts (C/D&I) regulations, may be exempted from the conformance finding process.

The exception the Board agreed to was that in certain cases, the conformance finding step of the permitting process will not be necessary, and hence, the host jurisdiction’s NDFE will not have to be amended to add the facility, if all of the following conditions for that SWFP are met:

• the proposed SWFP includes an existing nondisposal activity; and
• that existing non-disposal activity is located on-site at a solid waste facility that is identified in the applicable SE (or NDFE if the activity is located at a transfer station); and
• the SWFP for that existing nondisposal activity is only being proposed as a result of a revision to the Board’s composting or C/D &I regulations, and not as a result of a change in the activity (e.g., increase in size, materials handled, etc.); and
• the existing nondisposal activity was described within the solid waste facility’s Report of Facility Information (RFI) or Report of Disposal Site Information (RDSI) by August 20, 2002 (i.e., date of the Board’s decision); and
• the existing non-disposal activity would require a SWFP if it were located elsewhere (i.e., not at a landfill or transfer station).

Application of the exception decision:

1. If an existing composting, chipping and grinding, or C/D&I activity sited at a solid waste facility needs to be permitted (whether registration, standardized, or full) as a result of the Board’s proposed C/D & I regulations, or composting regulations, then it will not have to be separately identified in the host jurisdiction’s NDFE (or SE).

• “Existing” means the activity was already described in the solid waste facility’s permitting documents (e.g., RDSI or RFI) prior to the Board’s August 20, 2002, decision.
• If an existing SWFP is revised to include a composting, chipping and grinding, or C/D & I activity that meets the exception criteria noted above, then a conformance finding will not be necessary.
• If the nondisposal activity falls in the notification or excluded tier as a result of the new regulations, and after August 20, 2002, the activity/facility expands or changes in a way that would require it to obtain either a registration, standardized, or full SWFP, the SWFP would then need to go through the conformance finding process and hence, the activity would then need to be identified in the host jurisdiction’s NDFE for the SWFP to be in conformance.

How will this decision be implemented?

As a result of this decision, P & I staff will:

1) identify the existing C/D & I facilities, and chipping & grinding and/or composting activities sited at landfills that currently do not have their own SWFP, or are not identified separately in a SWFP;

2) work with the LEAs to establish the baseline quantities these activities and/or facilities currently handle, and identify which proposed permitting tier the activity or facility will need to be categorized under as a result; i.e., either:

• notification tier: does not require a permit, and therefore, no conformance finding step is necessary, and the NDFE will not need to be amended (although the jurisdiction could add it to the NDFE if it wanted to); or
• registration, standardized, and full tiers: the LEA and Board will need to confirm that the operator has included a conformance finding statement that the facility is identified in the NDFE, unless the facility meets the “exception” criteria noted above.

3) provide that information to Local assistance staff for its use in future conformance findings.

Example Scenarios:

1) Landfill X in Y County currently hosts a compostable material chipping and grinding activity that does not currently have its own SWFP, and is not identified in the landfill’s SWFP. The LEA determines the activity handles less than the threshold amount/day that distinguishes a “facility” from an “operation” according to the proposed composting regulations. This quantity of material handled by such an activity would make it fall into the notification tier, and hence it would not require a SWFP. Because the activity would not require a SWFP, a conformance finding would not be necessary, and therefore, the host jurisdiction’s NDFE would not need to be amended because of the new regulations. In addition, because it falls in the notification tier, the exception criterion that it be described in the landfill’s RFI or RDSI would not apply.

However, if in the future this activity increases its tonnage handled so that it changes from being in the notification tier to a permitting tier, (i.e., it would need either a registration, standardized, or full SWFP), the conformance finding step would need to be included in the permitting process at that time. If the activity were not already identified in the host jurisdiction’s NDFE (or alternatively, in the applicable SE), then the host jurisdiction’s NDFE would need to be amended for the SWFP to be found in conformance.

2) Landfill XX in YY County currently hosts a chipping and grinding activity that does not currently have its own SWFP, is not included in the landfill’s SWFP, and was not identified in the landfill’s permitting documents by August 20, 2002. As a result of the new composting regulations, the LEA determines the activity handles over the threshold amount/day that defines a large facility, making it fall into the full permit tier, and hence it would require a SWFP. Because the facility was not identified in the landfill’s RFI or RDSI prior to August 20, 2002, the activity would not be “grandfathered” by the Board’s decision. Therefore, when the permit was processed for the activity as a result of the new composting regulations, a conformance finding would need to be made as part of the permitting process, and the host jurisdiction’s NDFE would need to be amended because of the change in regulations.

3) Landfill XXX in YYY County hosts a compostable material chipping and grinding activity that does not currently have its own SWFP, is not included in the landfill’s SWFP, but was identified in the landfill’s RFI or RDSI before August 20, 2002. As a result of the new composting regulations, the LEA determines the activity handles over the threshold amount/day that distinguishes a facility from an operation, making it a “facility” that falls into the registration tier, and hence would require a SWFP issued by the LEA (or it would need to be included in the landfill’s existing SWFP). In this case, because this facility was previously described in the landfill’s RFI or RDSI, it would be “grandfathered” by the Board’s decision, and a conformance finding would not need to be made when the SWFP was issued, and the host jurisdiction’s NDFE would not need to be amended because of the change in regulations.

In addition, if in the future the facility expands and has to move up to a standardized or full SWFP, a conformance finding would not need to be made for the SWFP revision, and the host jurisdiction’s NDFE would not need to be amended, because the facility was previously “grandfathered” at the registration SWFP tier.

Section 2. Steps for Amending a NDFE.

Step 1: Prepare facility amendment which includes the following information:*

• Facility Name

• Type of Facility

• Location
• Facility Capacity
• Anticipated Diversion Rate (not needed for transfer stations that recover less than five percent of the incoming material)
• Participating Jurisdictions

* Requirements for specific facility types can be found in Table 1 below or Title 14, California Code of Regulations (CCR), sections 18753 through 18754.5 (Reference: Public Resources Code (PRC) Section 41732 through 41733)

Step 2: Present facility amendment to Local Task Force (LTF) for comment at least 90 days prior to the public hearing for the adoption of the NDFE.  [Reference: 14 CCR 18765 (b)]. The LTF has 90 days from receipt of the document to review and comment and forward those comments to the city, county, or regional agency, and to the California Integrated Waste Management Board (Board). [Reference: PRC section 41734 (b)]  

Step 3:  Have the local governing body adopt the facility amendment, by resolution, at a public hearing which has been publicly noticed by being published in a newspaper of general circulation at least three days in advance of the hearing. [Reference: 14 CCR 18766(b)(1)];

Step 4: Procedures for Jurisdictions

• For cities or regional agencies, within 30 days of adoption, the city or regional agency must transmit a copy of the amendment to the county for incorporation into the Countywide Integrated Waste Management Plan (CIWMP) [Reference 14 CCR 18767(b)], or
• For counties, the county must, within 30 days of adoption of the amendment, transmit a copy of the amendment to the cities in the county [Reference: 14 CCR 18767(c)], and

Step 5:  Submit two copies of the amendment to the Board for consideration and include: 1) facility information, 2) copy of LTF comments, 3) a copy of the public notice(s), and 4) copy of adopted resolution approving the amendment. (Reference: 14 CCR 18768). Note: no specified timeline for submitting to the Board, but discretion should be used.

Step 6: The Board has 30 days from receipt of the amended NDFE to determine its completeness (Reference: 14 CCR 18770 (c) (1)). Once deemed complete, the Board has 60 days to review and approve amendments. 

Table 1. Facility Descriptions

This information should be included in a NDFE based on the type of facility.

Section III

Sent to all jurisdictions May 7, 2004 by Email.

Dear Jurisdiction Contact,

The purpose of this e-mail is to serve as a reminder of the California Integrated Waste Management Board (Board) requirements (and related policy) regarding if and when a local jurisdiction’s nondisposal facility element (NDFE) must be amended with respect to a new or revised solid waste facility permit proposal for a nondisposal facility. The following information provides an overview of these requirements with direct links to Board Web pages with more specific information, tools and other resources.

Quick References

• Resources and guidance for solid waste facility permit (SWFP) applicants and local enforcement agencies for determining if a proposed SWFP is in conformance with the NDFE are available at the Board's permit toolbox.
• General Guidelines for Amending a NDFE are available at the NDFE Guide:

  Section I of the guidelines, "NDFEs and the Solid Waste Facility Permitting Process," discusses what change would trigger the need for a NDFE amendment.

  Section II discusses the six steps in the amendment process, and includes a table listing the information that should be included in the NDFE based on the type of facility.

• Overview of Requirements and Related Policy
  Board staff has prepared the following information to:
  Clarify the relationship between a new or revised permit for a nondisposal facility and a jurisdiction's NDFE;
• Remind jurisdictions when a NDFE amendment is necessary (as it relates to a new or revised permit for a nondisposal facility);
• Facilitate communication among the affected parties (permit applicant, jurisdiction contact, local enforcement agency, and the Board’s Permits and Inspection and the Board’s local assistance staff);
• Outline the NDFE amendment process; and
  Provide applicable informational resources for reference.

  1. What does a new or revised permit for a nondisposal facility have to do with a jurisdiction's NDFE?Public Resources Code (PRC) section 50001(a)(2) requires that before a new nondisposal facility can be established or before an existing nondisposal facility can be expanded in a jurisdiction, the proposed facility must be identified in the NDFE of the jurisdiction hosting the proposed facility (a nondisposal facility is a solid waste facility as defined in PRC section 41733). Making a finding that a nondisposal facility and its location are identified in the NDFE of the jurisdiction hosting the facility is considered the conformance finding step of the permitting process. Conformance of a proposed nondisposal facility permit is limited to location identification in the NDFE.

  2. What triggers a conformance finding?

  • A proposed permit for a new nondisposal facility;
  • A proposed permit revision for an additional nondisposal facility at an existing nondisposal facility; and
  • A first time permit for an existing facility.

  3. When is a NDFE amendment necessary?

  A jurisdiction's NDFE may need to be amended if:

  • A jurisdiction is planning to site a nondisposal facility that requires a SWFP within its jurisdiction, and the facility and its location have not previously been identified in the jurisdiction's NDFE.
  • A jurisdiction's NDFE may also need to be amended if a new nondisposal facility will be sited at the same location as an existing nondisposal facility, whether permitted separately, or included in a revised permit for the existing facility. An example of this would be a proposed change to an existing transfer station to now also include a compost facility, and/or a construction & demolition (C&D) processing facility at the site. In such cases, the Board must make a finding as part of the permitting process that the proposed permit is in conformance with the host jurisdiction's NDFE.
  • The host jurisdiction’s NDFE will not have to be amended to add the facility, if all of the following conditions are met:

    1. A proposed solid waste facility permit includes an existing nondisposal activity; and
    2. The nondisposal activity is located on-site at a disposal facility that is identified in the applicable Countywide Siting Element; and
    3. The nondisposal activity would require a permit if it were located elsewhere; and
    4. The nondisposal activity would require that permit only as a result of a revision to the Board’s regulations, and not as a result of a change in the activity (e.g., increase in size, materials handled, etc.); and
    5. The existing nondisposal activity was described within the disposal facility’s Report of Facility Information by August 20, 2002 (i.e., date of the Board’s decision on the interpretation of PRC 50001 regarding conformance findings for nondisposal facilities).
    For more information regarding when a conformance finding is necessary, and example scenarios see the LEA Memo on conformance.

  • Determining Compliance and Coordinating an NDFE Amendment

    To facilitate the process and to reduce potential delay in the consideration of the proposed SWFP, the permit applicant should contact the jurisdiction siting the nondisposal facility (e.g., Official Jurisdiction Contact or Annual Report Contact as soon as possible in the permitting process regarding whether the proposed permit is in conformance with the current NDFE.

    In turn, the jurisdiction should contact their local assistance staff representative to request an "early consultation" to determine whether the existing or proposed facility location is identified in the jurisdiction’s NDFE.

    Currently, staff from the Board's Permitting and Inspection Branch (P&I) prepares a conformance finding request for Local assistance staff when a proposed full or standardized permit is received by Board’s P&I staff for review and consideration by the Board.

    If the nondisposal facility is identified in the NDFE, Local assistance staff will make the finding that the facility is in conformance, and no amendment to the NDFE will be necessary.

    However, if the nondisposal facility is not identified in the NDFE, Local assistance staff will make a finding that the proposed SWFP for that facility is not in conformance.

    In such cases, the jurisdiction siting the nondisposal facility must amend its NDFE to include the facility prior to the Board concurring in the SWFP for the facility or the permit may be denied.

    Board approval of the amended NDFE may occur at the same Board meeting as consideration of the proposed permit.

    To assist with the amendment process, Local assistance staff can provide the jurisdiction contact the Board's Web-based guidance documents on how to amend a NDFE.

  4. The following are the basic steps involved in amending a NDFE:

  • Prepare the NDFE amendment. This is basically a description of the proposed facility(s). Content requirements of the facility description are specified on the Board's Web site (see link below).
  • Present NDFE amendment to your county's Local Task Force (LTF) for comment at least 90 days prior to the public hearing for the adoption of the NDFE.
  • Have the local governing body adopt the NDFE amendment, by resolution, at a public hearing which has been publicly noticed by being published in a newspaper of general circulation at least three days in advance of the hearing.
  • For cities or regional agencies, within 30 days of adoption, the city or regional agency must transmit a copy of the amendment to the county for incorporation into the Countywide Integrated Waste Management Plan (CIWMP); or for counties, the county must, within 30 days of adoption of the amendment, transmit a copy of the amendment to the cities in the county.
  • Submit two copies of the amendment to Local assistance staff for consideration and include: (1) facility description information (i.e., the amendment); (2) copy of LTF comments; (3) a copy of the public notice(s) for the hearing to consider adoption of the amended NDFE in the newspaper of general circulation; and (4) copy of adopted resolution approving the amendment.
  • The Board has 30 days from receipt of the amended NDFE to determine its completeness. Once deemed complete, the Board has 60 days to review and approve amendments.
  • Note: NDFEs are exempt from the California Environmental Quality Act (CEQA) process.
  • Again, you can access information regarding conformance findings in the local enforcement agency (LEA) memo on conformance (August 2002).

If you have any questions regarding this information, please contact your Local assistance staff representative.

Last updated: December 28, 2007