CIWMP Enforcement

Appendix A: Definitions

"Disasters/Acts of Nature" includes the proclamation by the Governor or a local governing body of the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state or local area caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake or other conditions which, by reason of their magnitude, are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city.

Disposal Reporting: The maximum allowable disposal amount for 1995 is calculated by multiplying the estimated 1995 generation by 75 percent. Each jurisdiction will compare the calculated maximum allowable 1995 disposal tonnage to the actual 1995 disposal tonnage to determine whether the jurisdiction has met the 25 percent diversion requirement. Each jurisdiction will compare the calculated maximum allowable 2000 disposal tonnage to the actual 2000 disposal tonnage to determine whether the jurisdiction has met the 50 percent diversion requirement. The calculations for determining achievement of the diversion requirements may be modified if a jurisdiction has wastes related to Board-defined disasters (e.g., earthquakes, fire, or other natural or man-made disasters). Such wastes will be subtracted from the actual disposal amount for the applicable reporting year. The Board adopted the "adjustment method" on June 29, 1994. The adjustment method regulations were approved by the Office of Administrative Law on January 8, 1996.

Estimated generation amounts: The estimated reporting-year generation amount is calculating by adjusting the base-year generation for changes in population and economics. The uniform method for adjusting waste disposal to account for changes in population and economics adjusts the maximum allowable reporting-year disposal amount using a combination of the ratios of base-year to report-year population, employment and taxable retail sales and Consumer Price Index factors. Waste tonnages from the residential sector are calculated separately from waste from the  non-residential sector (i.e. commercial/industrial wastes) and then added together, as the factors influence residential and commercial/industrial wastes in a slightly different way.

"Excluded waste types" PRC Section 41781.2 specifies that agricultural wastes, inert solids, scrap metals, and white goods that were diverted in the base year as a result of diversion programs that began prior to January 1, 1990 are not allowed to count toward base-year diversion claims unless the Board receives documentation showing that three specific criteria are met.  These waste types are referred to by the Board as "restricted wastes."

"Good Faith Effort" means all reasonable and feasible efforts by a city, county, or regional agency to implement those programs or activities identified in its Source Reduction and Recycling Element or Household Hazardous Waste Element, or alternative programs or activities that achieve the same or similar results.  [PRC Section 41850 (d)(1)] Good faith effort is further defined in PRC Section 41850 (d)(2) and (3).  Subsection (3) refers to criteria in this policy document.

"Jurisdiction" means the city, county, or regional agency responsible for preparing and implementing the Source Reduction and Recycling Element or Household Hazardous Waste Element.

Last updated: December 28, 2007