City of McFarland Fined for Inadequate Waste Diversion Efforts, July 30, 2004, Press Release

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City of McFarland Fined for Inadequate Waste Diversion Efforts

SACRAMENTO—The California Integrated Waste Management Board fined the City of McFarland after the Kern County community failed to live up to its own timetable for implementing waste cutting programs aimed at reducing disposal and increasing diversion. The city’s failure came despite a Board-extended deadline in 2003 that gave McFarland until March 31, 2004, to show substantial progress in diversion programs it filed in waste management work plans with the State.

"This Board fully expects the City of McFarland to join other communities around the state in meeting California’s 50 percent waste diversion requirement," said Board Chair Linda Moulton-Patterson. "We are hopeful that the city will continue its recent progress and avoid any future penalties."

The Board voted unanimously to fine the city $11,330 for its past failure to implement waste diversion programs. The city had previously agreed to a schedule of activities that included expanding recycling opportunities for the public and instituting a mandatory commercial recycling program by March 31, 2004, but did not complete those tasks.

The Board also voted to impose a $36,960 contingent fine if the city does not complete the work it promised by December 31, 2004. Jurisdictions that fail to meet the requirements of a compliance order may be subject to administrative fines issued by the Board of up to $10,000 per day.

McFarland diverted 34 percent of its solid waste from disposal in 2000. The Integrated Waste Management Act of 1989 required cities and counties to strive for a 50 percent waste diversion goal or demonstrate to the Board compelling reasons for not reaching the benchmark.

In January 2003, the Board placed McFarland on a compliance order for not sufficiently implementing waste diversion programs identified in city reports to the State. The city was given until the end of June to file a local assistance plan (LAP) with the Board. Due to significant city staffing changes in July, the Board extended the jurisdiction’s deadline to August 31, 2003, in which to complete finalization of the compliance order work plan.

McFarland subsequently submitted a final LAP in August 2003, but the Board found the city failed to demonstrate a good faith effort in implementing most of the tasks outlined in the LAP as of March 31, 2004. This finding resulted in the city receiving a Notice of Penalty Hearing from the Board in June, usually a precursor of pending administrative penalties.

The California Integrated Waste Management Board is the State’s leading authority on recycling and waste reduction. It promotes a zero waste California in partnership with local government, industry, and the public. This means reducing waste whenever possible, promoting the management of all materials to their highest and best use, and protecting public health and safety and the environment.