Article 7.0. Procedures for Preparing and Revising City, Regional Agency and County Source
Reduction and Recycling Elements, and Household Hazardous Waste Elements and Nondisposal
Facility Elements
Section 18760. Applicability.
(a) The procedures for preparing Source Reduction and Recycling
Elements (SRREs), Household Hazardous Waste Elements (HHWEs) and Nondisposal Facility
Elements (NDFEs) apply to the counties, cities, joint power authorities, regional
agencies, special districts, or other agencies which are designated by the cities or
counties, and are responsible for preparing these Elements.
(1) Cities, counties and cities which
are also counties may enter into agreements to prepare and implement the SRREs, HHWEs and
NDFEs which are specific to each jurisdiction.
(2) A city, county or a city and county shall be held accountable for
implementation of the specified goals and programs of its SRRE and HHWE.
(b) For the purposes of this article, a jurisdiction is a city, county, city and county or regional agency.
Note:
Authority cited:
Section 40502 of the Public Resources
Code.
Reference:
Sections 40002, 40950, 40971 through 40975, 41000, 41300, 41500, 41510, 41730, 41731,
41813, 41850 and 41823 of the Public Resources
Code.
Section 18761. Local Task Force (LTF).
(a) Establishment. Each county board of supervisors and a
majority of the cities within the county which contain a majority of the population in the
county, shall submit written documentation to the Board approving the membership of their
LTF, within 30 days after establishment of the LTF.
(1) The documentation submitted to the Board shall denote the identity of the members in the LTF, and whether the members
represent the governmental or the private sectors, or other entities or groups. The
documentation shall define the terms of membership for each member.
(2) The terms of membership shall be determined by the county board of
supervisors and a majority of the cities within the county which contain a majority of the
population in the county.
(3) After its establishment, each LTF shall inform the Board of how frequently it intends to meet.
(b) Role of the LTF. The LTF shall
advise jurisdictions responsible for the SRRE, HHWE and NDFE preparation, and review
goals, policies and procedures for jurisdictions, which, upon implementation, will aid in
meeting the solid waste management needs of the county, as well as the mandated source
reduction and recycling requirements of Public Resources Code section 41780.
(1) The LTF shall assist and advise in
the review of the SRRE, HHWE and NDFE, and shall assist jurisdictions in the
implementation of the SRRE, HHWE and NDFE.
(2) The LTF shall provide technical guidance and information regarding
source reduction, waste diversion and recycling to local jurisdictions during preparation
and revision of the SRRE, HHWE and NDFE. Such information may be presented to the general
public at public hearings and upon request by members of local government and community
organizations.
Note:
Authority cited:
Section 40502 of the Public Resources
Code.
Reference:
Sections 40001, 40950, 41000, 41300, 41500, 41510, 41730 and 41731 of the
Public Resources
Code.
Section 18762. SRRE, HHWE, and NDFE Preparation.
(a) A jurisdiction shall prepare the SRRE, HHWE and NDFE
pursuant to Articles 6.1, 6.2, 6.3 and 6.4 of this Chapter, as applicable.
(1) Except as provided by Public
Resources Code section 41735 (a), a jurisdiction shall comply with the California
Environmental Quality Act (CEQA) pursuant to Public Resources Code section 21000 et seq.
(b) A jurisdiction shall submit written
documentation to the Board of its designation of an agency responsible for preparation of
the SRRE, HHWE and NDFE within 30 days of said designation.
(c) A jurisdiction, in coordination with the LTF, shall prepare and
adopt the SRRE, HHWE and NDFE, by the dates specified in Public Resources Code sections
41000, 41300 and 41791, as applicable.
(d) For the purposes of this article, after a jurisdiction prepares its
NDFE, the NDFE shall be appended to the SRRE by the jurisdiction at the time the SRRE is
submitted to the Board. At the time of the five year revision of the SRRE, the NDFE
may be incorporated into the SRRE.
Note:
Authority cited:
Section 40502 of the Public Resources
Code.
Reference:
Sections 21083, 40900, 40950, 41000, 41003, 41300, 41303, 41500, 41510, 41730, 41731,
41732, 41733, 41734, 41735, 41736, 41750, 41780 and 41791 of the Public Resources
Code.
Section 18763. Circulation of the Preliminary Draft SRRE and HHWE for Review.
(a) A jurisdiction shall prepare a preliminary draft of its SRRE
and HHWE.
(b) If the jurisdiction is a city, the preliminary draft SRRE and HHWE
shall be sent to adjoining cities, the county or regional agency responsible for the
Countywide Integrated Waste Management Plan (CIWMP) or Regional Agency Integrated Waste
Management Plan (RAIWMP) preparation, and the LTF.
(c) If the jurisdiction is a county, the preliminary draft SRRE and HHWE shall be sent to adjoining cities and the
LTF.
(d) If the jurisdiction is a regional agency then the following applies:
(1) If the regional agency is composed
of a single county but does not include all of the cities within the county the
preliminary draft SRRE and HHWE shall be sent to adjoining cities, the agency in the
county responsible for the CIWMP preparation and to the LTF.
(2) If the regional agency is composed of a single county and all of
the cities within that county the preliminary draft SRR E and HHWE shall be sent to
adjoining cities and the LTF.
(3) If the regional agency is composed of two or more counties and all
of the cities within the counties, the preliminary draft SRRE and HHWE shall be sent to
adjoining cities, and the LTF of each affected county.
(4) If the regional agency is composed of two or more counties but does
not include all of the cities within those counties, the preliminary draft SRRE and HHWE
shall be sent to adjoining cities, each of the county agencies responsible for the
CIWMP and the LTF of each affected county.
Each jurisdiction shall also submit three copies of the draft SRRE and HHWE to the Board.
Note:
Authority cited:
Section 40502 of the Public Resources Code.
Reference:
Sections 40900, 41000, 41300, 41500, 41510, 41750.1 and 41790 of the Public Resources Code.
Section 18764. Review of the Preliminary Draft SRRE and HHWE.
(a) Review Period. In accordance with Government Code section
15376, the review period shall be a minimum of 30 days, commencing upon the date of
receipt of the Preliminary Draft SRRE and HHWE by a reviewing agency. The median time for
review shall be 38 days. The maximum time for review shall be 45 days.
(1) Review by LTF. In reviewing the preliminary draft SRRE and HHWE, the LTF shall consider the issues of regional concern
pursuant to Public Resources Code section 40950(c) to aid in ensuring that they are
addressed. Copies of written comments made by the LTF on the preliminary draft SRRE and
HHWE shall be sent simultaneously to the Board and to the jurisdiction that prepared the
preliminary draft SRRE and HHWE.
(2) Review by Other Reviewing Agencies. The county, adjacent cities,
any association of regional governments and the Board shall review the preliminary draft
SRRE and HHWE and send written comments to the jurisdiction that prepared the preliminary
draft SRRE and HHWE. A copy of the Board's written comments shall be sent simultaneously
to the LTF.
Note:
Authority cited:
Section 40502 of the Public Resources Code; Section 15376,
of the Government
Code.
Reference:
Sections 40950, 41000, 41300, 41500, 41510 and 41790 of the Public Resources Code.
Section 18765. Review of the Final Draft SRRE, HHWE and NDFE.
(a) Thirty (30) days prior to the public hearing for the
adoption of the SRRE and HHWE, the jurisdiction shall send a copy of the final draft of
its SRRE and HHWE to the LTF(s) of the affected counties for review. Within 15 days of
receipt of the final draft of the SRRE and HHWE, the LTF shall provide written comments to
the jurisdiction and the Board regarding the final draft.
(b) Ninety (90) days prior to the public hearing for the adoption of
the NDFE, the jurisdiction shall send a copy of the final draft NDFE to the LTF for
review. Within 90 days of receipt of the final draft NDFE, the LTF shall provide written
comments to the city or county and the Board regarding the final draft.
(c) If deficiencies are indicated in the LTF's comments, the LTF shall
meet with the jurisdiction to resolve them. If no resolution between the jurisdiction and
the LTF can be achieved, the LTF shall send a letter to the jurisdiction and the Board
indicating the remaining deficiencies of the SRRE, HHWE and NDFE.
Note:
Authority cited:
Section 40502 of the Public Resources Code.
Reference:
Sections 40950, 40971, 41000, 41300, 41500, 41510, 41730, 41731 and 41734
of the Public Resources Code.
Section 18766. Public Participation; Notice; Local Adoption of the SRRE, HHWE and NDFE.
(a) The general public, affected governmental entities, and
private industries shall be given an opportunity to participate in the planning process
and implementation of the SRRE, HHWE and NDFE through attendance at informative meetings
and public hearings.
(1) Pursuant to Public Resources Code
section 41793, at least one public hearing shall be held to receive testimony regarding
the Preliminary Draft of the SRRE and HHWE before a jurisdiction adopts its SRRE and HHWE.
(A) To inform the public of the hearing, the jurisdiction shall publish a notice in a local newspaper of general circulation at
least 30 days in advance of the scheduled public hearing on the SRRE and HHWE.
(2) Jurisdictions may form advisory
committees which may review and comment on draft elements, and provide technical guidance
and support during the development of the SRRE, HHWE and NDFE.
(b) In addition to the hearing or hearings held pursuant to (a) (1) of this section, the governing body of the jurisdiction,
shall conduct a public hearing for the purpose of adopting the SRRE, HHWE and NDFE. After
considering all comments of the members of the governing body and the public, the
jurisdiction shall, by resolution, adopt the SRRE, HHWE and NDFE.
(1) To inform the public of the hearing, the jurisdiction shall publish a notice in a newspaper of general circulation at least
three (3) days in advance of the scheduled public hearing on the final draft SRRE, HHWE
and NDFE.
Note:
Authority cited:
Section 40502 of the Public Resources Code.
Reference:
Sections 40900, 40971, 41000, 41300, 41500, 41510, 41730, 41731 and 41793
of the Public Resources Code.
Section 18767. Submittal of City or Regional Agency SRRE, HHWE,
and NDFE to the County and County NDFE to the Cities.
(a) A city or regional agency which is composed of some cities within a single county, shall transmit one (1) copy of its SRRE and one (1) copy of its HHWE to the
county in which it is located within 30 days of its adoption by the city or regional agency for incorporation into the CIWMP.
(1) A signed resolution and documentation that the jurisdiction has complied with CEQA (Public Resources Code sections
21000 et seq.) shall accompany the SRRE and HHWE that are submitted to the county.
(b) A city, unless it is a city and
county, or regional agency which is composed of some cities within a single county shall
transmit a copy of its NDFE to the county in which it is located within 30 days of its
adoption by the city or regional agency for incorporation into the CIWMP. This
submittal shall occur no later than the applicable submittal dates in PRC section 41791.5.
(c) A county, unless it is a city and county, shall transmit a copy of
its NDFE to the cities which are located within the county within 30 days of doption of
the NDFE by the county. This submittal shall occur no later than the applicable submittal
dates specified in PRC 41791.5.
Note:
Authority cited:
Section 40502 of the Public
Resources Code.
Reference:
Sections 21083, 40971, 41000, 41300, 41500, 41510, 41791, 41730, 41731, 41750.1 and
41793 of the Public Resources Code.
Section 18768. Submittal of the SRRE, HHWE and NDFE to the
Board.
(a) A jurisdiction shall, according to the schedule set forth in
PRC section 41791.5, submit to the Board three (3) copies of its SRRE.
(1) When submitting the SRRE to the Board, the jurisdiction shall include a copy of the public notice(s) for the public
hearings on the SRRE, a copy of the resolution(s) adopting the SRRE, comments on the final
draft from the LTF, and a copy of the Notice of Determination which has been filed with
the State Clearinghouse in the Office of Planning and Research as verification of
compliance with the CEQA (Public Resources Code sections 21000 et seq.).
(b) A jurisdiction shall, according to
the schedule set forth in PRC section 41791.5, submit to the Board three (3) copies of its
NDFE.
(1) When submitting the NDFE to the Board, the jurisdiction shall include a copy of the public notice(s) for the public
hearing(s) on the NDFE, a copy of the resolution(s) adopting the NDFE and comments on the
final draft from the LTF.
(c) A jursidiction shall sumbit its HHWE with the CIWMP according to the schedule set forth in PRC section 41791. Any city, or
regional agency which is composed of some cities within a single county may separately submit its HHWE to the Board for approval.
(1) When submitting the HHWE to the Board, the jurisdiction shall include a copy of the public notice(s) for the public
hearings on the HHWE, a copy of the resolution(s) adopting its HHWE, comments on the final
draft from the LTF, and a copy of the Notice of Determination which has been filed with
the State's Clearinghouse in the Office of Planning and Research as verification of
compliance with the CEQA (Public Resources Code sections 21000 et seq.).
(d) The Board's 120 day review period for consideration of approval of the SRRE, HHWE and NDFE will commence upon determination
by the Board that three (3) copies of a SRRE, HHWE , or NDFE and the accompanying
documents required by (a), (b) and (c) of this section have been submitted by the
jurisdiction.
(1) Within 30 days of receipt of a SRRE, HHWE or NDFE for approval, the Board shall indicate to the jurisdiction whether all
requirements included in (a), (b) and (c) have been fulfilled. If the Board notifies the
jurisdiction that the required documents have not been submitted, the jurisdiction shall
submit the remaining required document(s) within 30 days of notification.
Note:
Authority cited:
Section 40502 of the Public Resources Code and Section
15376
of the Government
Code.
Reference:
Sections 21083, 40971, 41750, 41791, 41791.5, 41794, 41800 and 41802 of
the Public Resources Code.
Section 18769. Board Approval of SRREs, HHWEs and NDFEs.
(a) The Board shall approve, conditionally approve, or
disapprove the SRRE, HHWE and NDFE at a public hearing. After receiving testimony from the
jurisdiction, the public and the LTF, the Board shall either adopt and prepare written
findings approving the SRRE, HHWE and NDFE, or issue a Notice identifying deficiencies in
the SRRE, HHWE and NDFE.
Note:
Authority cited:
Section 40502 of the Public Resources Code.
Reference:
Section 41800 and 41801, 41802 and 41810 through 41813 of the Public Resources Code.
Section 18770. Amendment or Revision, and Resubmittal of the Amended or Revised SRRE, HHWE and NDFE.
(a) If a jurisdiction revises or amends its SRRE, HHWE, or NDFE,
the jurisdiction shall revise or amend and submit its SRRE, HHWE, or NDFE pursuant to the
requirements of sections 18765 through 18768 of this article.
(b) A jurisdiction shall resubmit a revised or amended version of its SRRE, HHWE, or NDFE to the Board either
voluntarily according to PRC secton 41770.5 or within 120 days of receipt of a notice
identifying the element's deficiencies.
(c) The Board's 60 day review period for
consideration of approval of amendments to the NDFE prior to the five year revision of the
SRRE will commence upon determination by the BOARD that three (3) copies of the amendments
to the NDFE and the accompanying documents required by section 18768(b) have been
submitted by the jurisdiction.
(1) Within 30 days of receipt of the amendments to the NDFE for approval, the Board shall indicate to the jurisdiction whether
all requirements included in section 18768(b) have been fulfilled. If the Board notifies
the jurisdiction that the required documents have not been submitted, the jurisdiction
shall sumbit the remaining required document (s) within 30 days.
Note:
Authority cited:
Section 40502 of the Public Resources Code.
Reference:
Sections 21083, 40950, 41000, 41300, 41770, 41770.5, 41780, 41781.2, 41790, 41793, 41800,
41801, 41802 and 41810 through 41813, 41822 of the Public Resources Code.
Section 18770.5. Board Approval of Revised or Amended SRREs, HHWEs, and NDFEs.
(a) If a jurisdiciton is required to amend or revise its SRRE,
HHWE, or NDFE due to the disapproval of the document, the Board shall approve,
conditionally approve, or disapprove the element or amendment, pursuant to Public
Resources Code sections 41812 and 41813, whithin 120 days of receipt of resubmitted
elements or within 60 days of the receipt of NDFE amendments.
(b) The Board shall approve, conditionally approve, or disapprove revised or amended SRREs, HHWEs, and NDFEs at a
public hearing. After considering public testimony and input from the LTF, the Board
shall either adopt a resolution approving revised or amended SRREs, HHWEs, and NDFEs, or
issue a notice identifying deficiencies in the SRREs, HHWEs, and NDFEs. Board
approval shall be based on an evaluation of the jurisdiction's implementation of the
hierarchy for waste management practices as described in Public Resources Code section
40051 of the California Integrated Waste Management Act of 1989.
(1) If revised or amended SRREs, HHWEs,
and NDFEs are disapproved or conditionally approved, the Board shall send a notice
identifying deficiencies within thirty (30) days of making its findings.
(2) Conditional approval or disapproval
of a SRRE or HHWE, which has been revised per Section 18772 of this article, shall require
the jurisdiction to reinstated the process for preparation and approval of the SRREs and
HHWEs, beginning in sections 18762 through 18768.
(3) If revised or amended SRREs, HHWEs, and NDFEs are approved, the Board shall send a copy of the resolution of approval to the
jurisdiction within thirty (30) days of making its finding.
Note:
Authority cited:
Section 40502 of the Public Resources Code.
Reference:
Sections 40050, 40051, 40052, 41780, 41790, 41800 through 41802, 41810 through
41813, 41822 of the Public Resources Code.
18771. Repealed
Section 18772. Board's Biennial Review of the City, Regional Agency, or County SRRE and HHWE.
(a) In addition to local jurisdiction review of city, regional agency
and county SRREs and HHWEs, at least once every two years, the Board shall conduct an
independent review of SRREs and HHWEs. This biennial review will enable the Board to
assess each jurisdiction's progress towards meeting the mandated diversion and disposal
requirements. The Board shall determine if the SRRE and HHWE programs are being
implemented, and if jurisdictions are meeting the goals of their SRRE and HHWE.
(b) If the Board finds that a jurisdiction is failing to implement its
SRRE and HHWE, and is not making progress towards meeting the requirements of Public
Resources Code sections 41000, or 41300, 41500, 41510 or 41780, as applicable, after a
public hearing on the matter, the Board shall issue a compliance order for achieving those
requirements.
(1) The compliance order shall identify
the programs and goals of the SRRE and HHWE which are not being implemented or attained by
the jurisdiction, or identify areas of the SRRE and HHWE which require revision. The Board
shall also set a date by which the jurisdiction shall meet the mandated requirements.
(2) The Board shall issue the compliance order within 30 days of making
its finding of noncompliance.
(c) If a jurisdiction fails to bring its
SRRE and HHWE into compliance by the date specified by the Board, the Board shall enforce
the compliance order pursuant to Public Resources Code section 41850.
Note:
Authority:
Section 40502 of the Public Resources Code.
Reference:
Sections 41000, 41300, 41500, 41510, 41780, 41825, and 41850 of the
Public Resources Code.
Section 18773. Board Approval of Revised SRRE and HHWE.
(a) The Board shall consider approval of revised SRREs and HHWEs
at a public hearing. After considering public testimony and input from the LTF, the Board
shall either adopt a resolution approving revised SRREs and HHWEs, or issue a notice
identifying deficiencies in the SRREs and HHWEs. Board approval shall be based on an
evaluation of the jurisdiction's implementation of the hierarchy for waste management
practices as described in the California Integrated Waste Management Act of 1989.
(1) If revised SRREs and HHWEs are disapproved or conditionally approved, the Board shall send a notice identifying
deficiencies within 30 days of making its findings.
(2) Conditional approval or disapproval of a SRRE or HHWE which has
been revised per Section 18772 of this article, shall require the jurisdiction to
reinstitute the process for preparation and approval of the SRREs and HHWEs, beginning in
Sections 18762 through 18768.
(b) If revised SRREs and HHWEs are
approved, the Board shall send a copy of the resolution of approval to the jurisdiction
within thirty (30) days of making its finding.
Note:
Authority cited:
Section 40502 of the Public Resources Code.
Reference:
Sections 40050, 40051, 40052, 41780, 41800, 41802, 41810 through 41813 and
41822
of the Public Resources Code.
Section 18774. One Year Time Extension for Meeting Diversion Requirements.
(a) Commencing in 1995, the Board may grant a one-year time
extension for meeting the state mandated diversion requirements identified in Public
Resources Code section 41780.
(1) A jurisdiction requesting an extension, shall demonstrate, in writing, that it meets the requirements for an extension
pursuant to Public Resources Code section 41820. (2) Within 45 days of receipt of this
request, the Board shall review the adequacy of the application, and determine if the
requirements of Public Resources Code section 41820 are met. Based upon this
determination, the Board shall adopt written findings approving or disapproving the
jurisdiction's request.
Note:
Authority cited:
Section 40502 of the Public Resources Code.
Reference:
Sections 41780 and 41820 of the Public Resources Code.
Section 18774.5. Two-year Time Extension for Meeting Diversion Requirements.
(a) Commencing in 1995, the Board may grant a two-year time extension
to a rural jurisdiction, as defined in Public Resources Code sections 40183 and 40184, for
meeting the state mandated diversion requirements in Public Resources Code section 41780.
(1) A jurisdiction requesting an extension shall demonstrate, in writing, that it meets the requirements for an extension
pursuant to Public Resources Code section 41787.4.
(2) Within 45 days of receipt of a complete request, the Board shall review the adequacy of the application, and determine if
the requirements of Public resources Code section 41787.4 are met. Based upon this
determination, the Board shall adopt written findings approving or disapproving the
jurisdiction's request.
Note:
Authority cited:
Section 40502 of the Public Resources Code.
Reference:
Sections 40183, 40184, 41780 and 41787.4 of the Public Resources Code.
Section 18775. Reduction in Diversion and Planning Requirements.
(a) A rural jurisdiction, as defined in Public Resources Code
sections 40183 and 40184, may petition the Board, at a public hearing, to reduce the
planning requirements and diversion requirements specified in Public Resources Code
section 41780. To petition for a reduction, the jurisdiction shall present verification to
the Board which indicates that achievement of the requirements is not feasible. To qualify
to petition for a reduction in the diversion and planning requirements, a jurisdiction
must meet the following:
(1) For a rural city, a geographic area
of less than 3 square miles or a population density of less than 1500 people per square
mile and a waste disposal rate of less than 100 cubic yards per day or 60 tons per day.
(2) For the unincorporated area of a rural county, the county's
population shall be 200,000 or less.
(3) For a rural regional agency, consist of rural cities and counties, not to exceed more than two rural counties, unless
authorized by the Board.
(4) Be located in a rural area. "Rural area" means those
counties and cities located in agricultural or mountainous areas of the
state and located outside the Department of Finance's Primary Metropolitan Statistical Areas.
(b) Based on information presented at the hearing, the Board may establish reduced diversion requirements, and alternative, but
less comprehensive, planning requirements. A petitioner may identify those specific
planning requirements from which it wants to be relieved and provide justification for the
reduction. Examples of reduced planning requirements could include, but would not be
limited to, reduced requirements for solid waste generation studies, and reduced
requirements and consolidation of specific component requirements. These reduced planning
requirements, if granted, must ensure compliance with Public Resources Code section 41782.
(c) Rural jurisdictions requesting a reduction in the diversion and
planning requirements must include the following information in the reduction petition:
(1) A general description of the existing disposal and diversion systems, including documentation of the types and
quantities of waste disposed and diverted. Documentation sources may include, but are not
limited to, the following:
(A) Solid Waste Generation or Characterization Studies;
(B) Diversion data from public and private recycling operations;
(C) Current year waste loading information from permitted solid waste
facilities used by the jurisdiction;
(2) Identification of the specific
reductions being requested (i.e. diversion or planning requirements or both);
(3) Documentation of why attainment of mandated diversion and planning
requirements is not feasible. Examples of documentation could include, but are not limited
to:
(A) Evidence from the documentation sources specified in paragraph
(c)(1) of this section;
(B) Verification of existing solid waste budget revenues and expenses
from the duly authorized designated representative of the jurisdiction;
(4) The planning or diversion requirements that the jurisdiction feels
are achievable, and why.
(5) Documentation verifying that the
rural city or county has implemented those programs identified in Public Resources Code
section 41787(a) (3).
(6) Documentation verifying that the
rural regional agency has implemented those regionwide programs identified in Public
Resources Code section 41787.1(c)(2).
Note:
Authority cited:
Section 40502 of the Public Resources Code.
Reference:
Section 40183, 40184, 41787, 41787.1, 41787.2, 41802, and 40973 of
the Public Resources Code.
Section 18775.2. Sludge Diversion.
(a) Jurisdictions that wish to claim diversion of waste type
"sludge" shall submit a written request to the Board pursuant to PRC 41781.1.
Within 45 days of receipt of a jurisdiction's request, Board shall notify the jurisdiction
in writing whether sufficient information has been included in the request to enable the
Board to make findings pursuant to PRC Section 41781.1. Requests that are found by the
Board to be incomplete, pursuant to the criterion set forth in this section, shall be
revised by the jurisdiction to correct any inadequacy. The Board shall make the findings
required by PRC Section 41781.1 at a public hearing no later than 180 days after receipt
of a complete request for sludge diversion credit.
(1) A request for allowing sludge diversion shall include the following information:
(A) Description of the selected diversion alternative(s);
(B) Projected annual quantity of sludge waste to be diverted through the year 2000;
(C) Documentation that waste type "sludge" has been
categorized, quantified and documented in the applicable "solid waste generation
study" as defined in section 18722 of this chapter;
(D) Written certification from the agent(s) responsible for
implementing the sludge diversion alternative that the reuse meets all applicable
requirements of state and federal law. Information upon which the above certification is
based shall be made available to the Board upon request.
(E) Description of monitoring program(s) that are in place or which
will be established to insure that the sludge diversion alternative will not pose a threat
to public health or the environment.
(F) If the sludge diversion alternative
receives a permit or is identified under an existing permit, waste discharge requriements,
or has other conditions imposed by one or more of the agencies specified in PRC Section
41781.1, include the name of the agency(s) and identify the agency identification code or
number for the permit, waste discharge requirements, or other imposed conditions.
Note:
Authority cited:
Section 40502 of the Public Resources Code.
References:
Section 41780 and 41781.1 of the Public Resources Code.
Section 18775.4. Use of Excluded Waste Types for Baseline Diversion Credit
(a) To establish baseline diversion, jurisdictions which have
included alternatives for the diversion of agricultural wastes, inert solids, or scrap
metals as defined in PRC section 41781.2 (b), or white goods as defined in Article 3 of
this Chapter, shall follow the requirements specified in PRC section 41781.2. Within 60
days of receipt of a jurisdiction's SRRE for final review, the Board shall notify the
jurisdiction in writing if there is insufficient information to determine that the
criteria specified in PRC section 41781.2 have been met.
(b) If the Board disapproves an element for which a jurisdiction has
received a notification of excluded wastes pursuant to PRC section 41801.5(b), the
jurisdiction may, concurrent with the procedures specified in section 18770 of this
article, submit additional information to the Board which substantiates that the criteria
specified in PRC section 41781.2 have been met. Within 60 days of receipt of the
additional information, the Board shall determine whether diversion of all or a portion of
the excluded waste will be allowed for the purposes of compliance with the diversion
requirements of PRC section 41780.
(c) Based on the Board's determination in subsection (b), the
jurisdiction shall revise its SRRE to correct any inadequacies and shall resubmit it to
the Board within 120 days of the Board's determination. If a jurisdiction is unable to
resubmit its revised SRRE within 120 days, the Board may, on a case by case basis, extend
the deadline for resubmittal. Upon receipt of a resubmitted element, the Board shall
follow the procedures specified in section 18770 of this article.
Note:
Authority cited:
Section 40502 of the Public Resources Code.
References:
Section 41780, 41781.2, 41801.5 and 41811.5 of the Public Resources Code.
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