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CIWMP Enforcement Part II: Failure to Implement

Compliance Measurements

Achievement of the waste diversion requirements is based on a disposal reporting system and estimating waste generation. Disposal reporting requirements for a jurisdiction are described in 14 CCR, Article 9.2, sections 18800-18813. A jurisdiction will determine its yearly disposal amount based on disposal information provided by one or more counties as part of the Board's disposal reporting system.  Jurisdictions will measure and report on their achievement of the 25 percent diversion requirement for the years 1995 through 1999, and achievement of the 50 percent diversion requirement for 2000 and beyond.

A jurisdiction will measure its progress toward achieving the applicable waste diversion requirement as required in PRC section 41780 by following the requirements outlined in PRC sections 41780.1 and 41780.2, and sections 41781 through 41786, as applicable.

Criteria for Measuring Diversion Requirements

Staff recommends using the following criteria to determine whether the applicable diversion requirement has been achieved. Information will be obtained from the annual report, information provided by the jurisdiction, and other sources as necessary.

Meeting Diversion Requirements

  • If the jurisdiction has measured diversion using a generation measurement instead of the Board-approved standard adjustment method, and one or more of the measured diversion programs is for a restricted waste material (i.e. agricultural wastes, inert solids, scrap metals, and/or white goods), has the jurisdiction substantiated meeting the restricted waste criteria, when applicable?
  • Was the base-year generation amount adjusted using the Board-adopted adjustment method (PRC section 41780.1)?
  • Is the total actual disposal amount reported in the jurisdiction’s annual report equal to or less than the maximum amount of disposal allowable to meet the diversion requirements of PRC section 41780, or reduced Board-approved diversion requirements?
    • Is the adjusted total disposal amount equal to or less than 75 percent or 50 percent, respectively, of its estimated reporting-year generation amount?
    • If the jurisdiction is a regional agency, is the adjusted sum total disposal amount for all the member jurisdictions equal to or less than 75 percent or 50 percent, respectively, of the estimated reporting-year generation amount?
  • If the total actual reporting year disposal amount is greater than the maximum allowable disposal tonnage, as determined using the method described in PRC section 41780.2, did the jurisdiction implement the diversion programs selected in its SRRE?
  • Is the estimated diversion rate reflective of actual programmatic performance?

Not Meeting Diversion Requirements

  • If the total actual disposal amount is greater than the maximum allowable disposal tonnage, as determined using the method described in PRC section 41780.2, how much greater is it?
  • Has the jurisdiction provided relevant and substantive documentation indicating that the factors used in calculating its diversion rate may have resulted in an estimated diversion rate that is inaccurate and may require correction?

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As approved by the Board on August 14, 2001.

 

Last updated: December 28, 2007


Local Government Central  http://www.ciwmb.ca.gov/LGCentral/
Larry N. Stephens: lstephen@ciwmb.ca.gov  (916) 341-6241