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

Submittal Process

AB 440 (Sher, Chapter 1169, Statutes of 1993) establishes certain time frames for local jurisdictions to submit their Source Reduction and Recycling Element (SRRE) and Nondisposal Facility Element (NDFE) to the Board for review and to determine if the SRREs and NDFEs comply with state law. Those timeframes for submittal are April 30, 1994 for jurisdictions with less than eight years of remaining disposal capacity; August 30, 1994 for jurisdictions with eight to 15 years of remaining disposal capacity; and, December 31, 1994 for jurisdictions with 15 or more years of remaining disposal capacity. There will be a total of 531 individual SRREs and individual NDFEs submitted to the Board during this time period.

In addition to the submittal requirements discussed above, local jurisdictions will be required, under AB 440, to submit by October 1, 1994, a progress report on their achievement in meeting the diversion requirements.

CIWMPs, which will comprise a Summary Plan, HHWEs and CSEs, will be submitted to the Board within 12 or 18 months after the Office of Administrative law formally approves the Siting Element and Integrated Waste Management Plan regulations. Statute requires counties with less than 8 years of remaining disposal capacity to submit their CIWMPs within 12 months and counties with 8 years or more, to submit their CIWMPs within 18 months.

CIWMPs Due within 12 Months of Final Regulations

Counties with less than 8 Years Remaining Disposal Capacity:

CIWMPs Due within 18 Months of Final Regulations

Counties with 8 Years or More Remaining Disposal Capacity:

Elements and plans will be formally submitted to the Board and forwarded to the local assistance staff. The Board must take action on the adequacy of a jurisdiction’s element within 120 days of receipt. Local assistance staff staff and board staff  will have approximately 90 days to review the SRREs, HHWEs, NDFEs, CSEs, and CIWMPs, analyze them for adequacy and make recommendations for approval or disapproval within the 120 day time period. Within 60 days of receipt of a SRRE, the Board must notify a jurisdiction if additional documentation is required to substantiate baseyear diversion claims for agricultural waste, inerts, scrap metals and white goods.

Local assistance staff staff have the responsibility to manage the submittal and evaluation process, which includes the overall review, comment, and recommendation for the various element and plan reviews. Local assistance staff will establish timelines for staff to follow to coordinate the analyses, preparation of comments, Board presentations, and issuances of notices of deficiency.

The following has been identified for the local assistance staff:

1. Accept receipt of a SRRE, HHWE, NDFE, CSE and CIWMP;
2. Distribute documents to board staff as necessary, establish timelines and deadlines;
3. Review documents within the prescribed time allowed under law for adequacy;
4. Analyze the element and plan for adequacy and verify targeted materials were selected for diversion, reduction, recycling or reuse;
5. Analyze the element and plan for adequacy and verify integration of source reduction, recycling, composting, and public education and information components occurred;
6. Analyze the element and plan for adequacy and verify funding sources are identified;
7. Verify that claimed diversion rate percentages are supported by appropriate diversion programs identified in the SRRE and verify a program description confirms the claimed diversion;
8. Coordinate and consolidate Board staff analyses and comments;
9. Prepare Planning Committee and Board Meeting agenda items and present the items;
10. Make recommendations on the adequacy of the elements and plans and whether the Board should approve or disapprove the elements and plans; and
11. Prepare notices of deficiencies as necessary.

The following has been identified for the board staff:

1. Review SWGS for adequacy within the prescribed time allowed under law;
2. Analyze the SWGS for adequacy; evaluate and determine that sampling methodologies used meet the Board’s regulatory requirements;
3. Evaluate claims for baseline diversion of agricultural wastes, inerts, scrap metals and white-coated major appliances to determine if the claims are substantiated with appropriate documentation so they count toward diversion requirements;
4. Review supporting environmental documentation to ensure a local jurisdiction complied with the California Environmental Quality Act (CEQA) by preparing and certifying the environmental impact report and negative declaration for the element was complete;
5. Provide analyses, comments, and recommendations on the SWGS to local assistance staff for inclusion in the agenda item;
6. Provide testimony on the SWGS at Planning Committees and Board meetings; and
7. Assist in the preparation of notices of deficiency, as necessary.

As approved by the Board on November 17, 1993.

Last updated: November 01, 2007