CIWMP Enforcement Part I: Plan Adequacy
As approved by the Board on November 17, 1993

Nondisposal Facility Element Adequacy

The following is a discussion of the statutory, regulatory and content adequacy requirements of a Nondisposal Facility Element (NDFE). This section contains what staff will focus on during the review of a NDFE to determine and define adequacy.

In the following NDFE discussion, the focus is on specific topics to consider when determining whether or not a NDFE is considered adequate. The specific topics are significant and have been selected because those topics can provide the majority of the information for staff to determine whether or not a plan or element can be deemed adequate.

Nondisposal Facility Element 

Statutes: PRC sections 41730-41736
Each city and county is required to prepare, adopt and submit to the Board, an NDFE which includes a description of new facilities and expansion of existing facilities, and all solid waste facility expansions (except disposal and transformation facilities) that recover for reuse at least five percent of the total volume. The NDFE must also be consistent with the implementation of a local jurisdiction’s SRRE. Each jurisdiction must also describe transfer stations located within and outside of the jurisdiction which recover less than five percent of the material received.

Regulations: 14 CCR sections 18752 – 18754.5
Proposed regulations have been prepared that require the identification of nondisposal facilities in each jurisdiction. Each jurisdiction must prepare a NDFE that identifies all existing, expansion of existing, and proposed solid waste facilities (except disposal facilities and transformation facilities) located within and outside the jurisdiction that they use or will use, and which recover for reuse and recycling at least five percent of the total volume of material received by the facility.

Nondisposal Facility Element Content Adequacy

An adequate NDFE contains a description of diversion facilities to be used by the local jurisdiction to support the diversion programs proposed to be implemented by the local jurisdiction to reach the diversion mandates of PRC 41780. The name and type of the facility and the use of the facility by participating jurisdictions is also included in the NDFE.

This summarizes the analysis and evaluation that would be used by staff of local assistance staff to determine an adequate NDFE.

As approved by the Board on November 17, 1993.

Last updated: December 28, 2007