CIWMP Enforcement

Appendix B: Relevant Waste Reduction Statutes

PRC refers to the California Public Resources Code.

PRC Section 40973 states that the regional agency, and not the cities or counties which are member agencies of the regional agency, may be responsible for compliance with Section 41780 if specified in the agreement pursuant to which the regional agency is formed. PRC Section 40973(c) states that if all member jurisdictions of a regional agency are rural cities or rural counties, as defined, respectively, in PRC Sections 40183-40184, the regional agency may be eligible for a reduction of the diversion requirements of PRC Section 41780.

PRC Section 40974 states that notwithstanding PRC Section 40972, each city or county which is a member agency of a regional agency is liable for any civil penalties which may be imposed by the Board pursuant to PRC Section 41813 or 41850. However, an agreement which establishes a regional agency may apportion any civil penalties between or among the cities or counties which are member agencies of the regional agency if the total amount of civil penalties which may be imposed against the regional agency is equivalent to that amount which is the sum of the penalties which may be imposed against each city or county which is a member agency of the regional agency.

PRC Section 41780 requires jurisdictions to reduce the amount of waste sent to landfills by 25 percent by 1995 and 50 percent by the year 2000.

PRC Section 41782 allows the Board to make adjustments to the amounts reported pursuant to subdivisions (a) and (c) of PRC Section 41821.5, if the city, county, or regional agency demonstrates, and the Board concurs, based on substantial evidence in the record, that achievement of the diversion requirements of PRC Section 41780 is not feasible due to the fact that a medical waste treatment facility, as defined in Health and Safety Code Section 25025(a), accepts untreated medical waste, which was generated outside of the jurisdiction, for purposes of treatment, and the medical waste, when treated, becomes solid waste.

PRC Section 41783 allows a jurisdiction submitting a SRRE after January 1, 1995 to include diversion of not more than 10 of the 50 percent diversion requirement through transformation, if statutory conditions are met.

PRC Section 41783.1 allows a jurisdiction submitting a SRRE after January 1, 1995, to include diversion of not more than 10 of the 50 percent diversion requirement through biomass conversion if statutory requirements are met.

PRC Section 41785 allows a jurisdiction to request to establish an alternative diversion rate from the 50 percent requirement of PRC Section 41780, not to exceed three years unless another alternative requirement is granted by the Board, if the Board holds a public hearing and makes two findings as noted in statute.  PRC Section 41785 also specifies what the Board shall consider in making the findings, as well as other procedures to be followed by the Board and the requesting jurisdiction if such an alternative diversion rate is granted.  In no case will an alternative requirement pursuant to this section be granted or be effective after January 1, 2006

PRC Section 41820 allows the Board to grant a one-year time extension from the requirements of PRC Section 41780 to any city or county if statutory conditions are met.

PRC Section 41820.5 allows the Board to grant a time extension from the diversion requirement of PRC Section 41780 to a city if it incorporated after January 1, 1990 and if the county within which the city is located did not include provisions in its franchises which ensured that the now incorporated area would comply with the diversion requirements of PRC Section 41780.

PRC Section 41825 states that at least once every two years, the Board shall review each city, county, or regional agency SRRE and HHWE. If, after a public hearing, which, to the extent possible, is held in the local or regional agency’s jurisdiction, the Board finds that the city, county, or regional agency has failed to implement its SRRE or its HHWE, the Board shall issue an order of compliance with a specific schedule for achieving compliance. The compliance order shall include those conditions which the Board determines to be necessary for the local agency or regional agency to complete in order to implement its SRRE or HHWE.

PRC Section 41850 allows the Board, after holding a public hearing and issuing an order of compliance, to impose civil penalties of up to $10,000 per day (until the jurisdiction implements the element) on jurisdictions that have failed to implement their SRRE or HHWE. This section directs the Board to consider only those relevant circumstances which have prevented a jurisdiction from meeting the diversion requirements, and provides examples of legitimate relevant circumstances. This section also describes what is meant by  "good faith effort".

PRC Section 41850.5 states that any administrative civil penalty imposed by the Board pursuant to PRC Sections 41813 or 41850 shall be deposited in the Local Government Assistance Account. Funds deposited in that account shall be used solely for the purposes of assisting local governments in complying with the diversion requirements.

Last updated: December 28, 2007