State Imposes Penalties on City of Cerritos: City program fails to adequately implement waste diversion program

SACRAMENTO--The California Integrated Waste Management Board (Board) has imposed penalties in excess of $82,000 against the City of Cerritos, Los Angeles County, California. The decision, made at a January 23, 2008 Board Compliance Hearing, was imposed for the City of Cerritos' failure to demonstrate a good faith effort to implement specific tasks outlined in a local assistance plan required by a compliance order issued to the city last year.

"Markets have improved, technology has evolved and we are looking at jurisdictions' programs and efforts with much more scrutiny," stated Board Chair Margo Reid Brown. "The City of Cerritos has had ample time to resolve issues and come into compliance."

Members of the Board made the determination to impose the fines based on testimony and evidence presented by staff from both the Board and City of Cerritos. The Board concluded that the City's diversion programs were not adequately implemented so as to allow the City to meet the 50 percent diversion mandate. Assembly Bill 939 (Chapter 1095, Statutes of 1989), The Integrated Waste Management Act of 1989, charged the Board with implementing far-reaching waste management provisions, and moving cities and counties -- and ultimately the state, itself -- to reach 50 percent waste diversion starting in 2000.

All six Board members voiced their disappointment and concern with the City of Cerritos' failure to have a viable diversion program up and running at this point in 2008.

A timeline leading up to the January 23, 2008 Compliance Hearing reveals:

• On January 14, 2003, the Board approved a time extension until December 31, 2003 for the City of Cerritos to implement additional programs listed in a plan of correction, to reach the 50 percent diversion mandate.
• On February 13, 2007, the Board determined that the City had failed to adequately implement its diversion programs, and issued a compliance order requiring the City of Cerritos to fully implement a local assistance plan by December 31, 2007.
• On October 1, 2007, Board staff received the City's request for a 90-day extension of the December 31, 2007 full implementation deadline.
• On November 13, 2007, the Board determined that there was not adequate justification for approval of the City's requested time extension.
• On January 23, 2008, the Board was presented with six options, including the potential of imposing administrative civil penalties in the event the City of Cerritos failed to achieve full local assistance plan implementation by December 31, 2007.

The Board, by statute, may impose administrative civil penalties upon the city...of up to ten thousand dollars ($10,000) per day until the city...implements its source reduction and recycling element. Based on the evidence presented, the Board imposed the following penalties at its January 23, 2008 Compliance Hearing:

• A one-time penalty amount for failure to meet the terms of the Compliance Order, in the amount of $82,800. This amount calculated using the penalty amount of $3,600 per day from the first date after the Compliance Order's deadline for full local assistance plan implementation, January 1, 2008 through January 23, 2008.
• An additional potential daily penalty amount of $ 3,600 per day from January 23, 2008 until March 31, 2008. If the City of Cerritos fully implements all of its local assistance plan tasks by March 31, 2008, this penalty would be waived.
• In order to ensure continued full program implementation, an additional potential penalty amount of $3,600 per day after March 31, 2008 if the City of Cerritos fails to continue to fully implement its local assistance plan tasks through March 31, 2009.

Determinations as to whether the City of Cerritos has fully implemented its local assistance plan tasks for any of these options were delegated to the California Integrated Waste Management Board's Executive Director. If the Executive Director determines that the City has failed to fully implement its local assistance plan tasks, he will notify the city of this determination and collect penalties for non-compliance accruing on or after a date identified by the Board.

A formal written decision embodying the Board's January 23, 2008 decision was served on February 6, 2008.

The California Integrated Waste Management Board is the state's leading authority on recycling and waste reduction. It promotes reducing waste whenever possible, managing all materials to their highest and best use and protecting public health and safety and the environment.

The California Integrated Waste Management Board is one of six boards, departments, and offices within the California Environmental Protection Agency (Cal/EPA).

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