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This page provides information on the CIWMB's Strategic Directive 8
(SD-8). Each of the nine subdirectives links to further explanation
including baseline measurement, metrics or performance criteria, annual
targets, and key activities.
Directive
It is a core value of the CIWMB to manage and mitigate the impacts of solid
waste and tires on public health and safety and the environment by ensuring
compliance with regulations and state minimum standards, through integrated and
consistent permitting, inspection, and enforcement efforts.
- Ensure implementation of diversion programs in 100
percent of jurisdictions in
California.
- Ensure all jurisdictions are in compliance with the diversion requirements.
- Ensure that 100 percent of all active solid waste and tire facilities meet state
minimum standards and permit terms and conditions, and that they are in
compliance with federal and state waste management laws.
- Conduct sufficient review and revision to ensure that the CIWMB's regulations
are grounded in the best available science, address changing market conditions,
and take advantage of developing technologies.
- Assist local decision makers in long-range planning to help develop the
diversion infrastructure and ensure that it keeps pace with growth and changes
in "waste sheds."
- Seek additional legislative authority by September 2008 for more effective
enforcement by local enforcement agencies (LEA) and the CIWMB, including but not limited to authority for
criminal penalties, increased civil penalties, streamlining of appeal process,
and addressing illegal disposal.
- Seek additional statutory authority by September 2008 to reject incomplete
and incorrect applications and provide effective and timely CIWMB review of
proposed permits.
- As part of enhancing the CIWMB's enforcement functions, increase the number
of independent and random audits and of field investigations of solid waste
facilities. Begin by auditing 2 percent of facilities per year and increase to a total
of 10 percent per year.
- Evaluate by January 2008 potential statutory and
funding options to enhance local and regional capabilities to prevent and
redress illegal dumping.
Completed. Facilitate enhancement of local and regional capabilities to
prevent and redress illegal dumping. Continued Activity (rev. 2/08)
8.1--Ensure implementation of diversion programs in 100
percent of jurisdictions in
California.
This subdirective addresses the Board's monitoring of jurisdictions'
progress and status in implementing those diversion programs outlined in
jurisdiction planning and reporting documents. With continual monitoring,
the Board will ensure that all jurisdictions within California are
adequately implementing their diversion programs.
Baseline
The baseline is the number of jurisdictions adequately implementing the
diversion programs outlined in their Source Reduction and Recycling Elements
(SRRE) or as updated in their electronic annual reports.
This information is obtained through jurisdiction annual reports to the
Board, site visits to individual jurisdictions, and finally Board action as
part of the biennial review. As with Directives 3.1 and
3.2, preliminary
data for 2006 will not be available until later in 2007, and Board
approvals will not be available until after the biennial review for
2005/2006. Using 2004 data, 300 local jurisdictions out of 424 were at or
over 50 percent diversion or had approved good faith efforts or approved reduced
diversion requirements. Another 106 had approved time extensions or
alternative diversion requirements that delayed biennial review status.
Metrics or Performance Criteria
The Board will annually monitor and biennially measure the number of
jurisdictions adequately implementing their diversion programs.
Annual Targets
The target is by December 2008 (based on 2005/2006 Biennial Review) all
jurisdictions will be adequately implementing their programs. If by this
time Board staff finds that any jurisdictions are not adequately
implementing diversion programs, then these jurisdictions will be referred
to the Board's Waste Compliance and Mitigation program for issuance of a
compliance order.
Key Activities
- Board staff will review all 2005 Annual Reports and identify those
jurisdictions that are below 50 percent.
- Technical assistance will focus on these jurisdictions.
- Staff will complete the review of the 2006 annual reports and start the
Biennial Review process.
8.2--Ensure all jurisdictions are in compliance with the diversion requirements.
This subdirective focuses on the Board's overall monitoring of
jurisdictions to ensure that each jurisdiction is implementing diversion
programs and meeting the 50 percent diversion requirement. This subdirective
provides the foundation for achievement of strategic subdirectives
3.1, 3.2
and 8.1, which is to achieve 100 percent jurisdiction diversion program
implementation and 100 percent jurisdiction achievement of the 50 percent diversion
requirement.
Baseline
The baseline is the number of jurisdictions adequately implementing the
diversion programs outlined in their Source Reduction and Recycling Elements
(SRRE) or as updated in their electronic annual reports.
This information is obtained through jurisdiction annual reports to the
Board, site visits to individual jurisdictions, and finally Board action as
part of the biennial review. As with Directives 3.1 and
3.2, preliminary
data for 2006 will not be available until later in 2007, and Board
approvals will not be available until after the biennial review for
2005/2006. Using 2004 data, 300 local jurisdictions out of 424 were at or
over 50 percent diversion or had approved good faith efforts or approved reduced
diversion requirements. Another 106 had approved time extensions or
alternative diversion requirements that delayed biennial review status.
Metrics or Performance Criteria
The Board will annually measure the number of jurisdictions that have been
issued compliance orders.
Annual Targets
All jurisdictions that are referred to the Board's Waste Compliance and
Mitigation program for not adequately implementing their diversion programs
and not meeting the diversion goal will be issued compliance orders, for the
2005-06 biennial reviews, by June 2009. This target compliments the target
date outlined in subdirective 8.1.
Key Activities
- Board staff reviews each jurisdiction's annual report to the Board. Based
on this review, Board staff identifies the number of jurisdictions that have
met the 50 percent diversion goal, determines the level of diversion program
implementation for each jurisdiction, and visits select jurisdictions to
verify program implementation.
- Every two years, Board staff identifies and reports to the Board on those
jurisdictions that (1) have implemented diversion programs and met the
diversion goal, (2) those that have adequately implemented diversion
programs but have not met the diversion goal, and (3) those that have not
adequately implemented programs and have not met the goal.
- The latter are referred to the Board's Waste Compliance and Mitigation
Program for issuance of a compliance order. Once referred, the Jurisdiction
Compliance and Audit section works with the jurisdiction to develop a
diversion program implementation work plan. If the jurisdiction fails to
implement this plan, the Board assesses fines of up to $10,000 per day.
8.3--Ensure that 100 percent of all active solid waste and tire facilities meet
State
minimum standards and permit terms and conditions, and that they are in
compliance with federal and state waste management laws
This subdirective addresses a core goal of the Integrated Waste
Management act, protecting public health and safety through environmentally
safe disposal. The Board must monitor compliance over time to ensure the
requirements continue to be maintained. This subdirective is closely
related to 4.1, 4.3, and
8.8.
Baseline
The baseline is the percentage of active solid waste and tire facilities
(other than landfills) in compliance with state minimum standards, and
permit terms and conditions. Of the 830 permitted solid waste and tire
facilities (other than landfills), 17 are listed on the Inventory and 65
have Active Enforcement Orders in SWIS and WTMS.
Metrics or Performance Criteria
The Board will track the number of active solid waste and tires facilities
(other than landfills) that comply with state minimum standards, and permit
terms and conditions.
Annual Targets
Five percent improvement in active solid waste and tire facilities (other
than landfills) compliance rates by December 2008.
Key Activities
Establish facility performance triggers for facilities other than landfills
through coordinated staff efforts to:
- Update the Solid Waste Information System (SWIS) and Waste Tire
Management System (WTMS) databases and continue to track status of
evaluation and enforcement activities through these databases.
- Work with local enforcement agencies (LEA) to ensure that solid waste and tire issues are identified.
- Obtain Board concurrence with a targeted compliance strategy that includes
criteria.
- Identify and provide training and technical assistance to meet the needs
of tire and solid waste LEAs.
- Conduct inspections.
- Take enforcement actions.
8.4--Conduct sufficient review and revision to
ensure that the CIWMB's regulations are grounded in the best available
science, address changing market conditions, and take advantage of
developing technologies.
This subdirective ensures that the CIWMB's regulations are up to date
and reflect changes in the state of scientific knowledge, market conditions,
and technology to allow achievement of broader environmental goals, such as
the Governor's Climate Change Initiative.
Baseline
A scheduled comprehensive Review of Regulation for this purpose has not been
established.
Metrics or Performance Criteria
The measure will be the number of reviews completed in a specific timeframe.
Annual Targets
Annual targets for the subsets of the comprehensive review of the CIWMB's
regulations will be developed by prioritizing regulatory review.
Prioritization will be based on the following criteria:
- Current and future waste shed diversion needs.
- Current and future gaps in waste management facility infrastructure.
- Review of potential risk posed by the facilities; health and safety and
environmental protection needs, including effect on the reduction of
greenhouse gas emissions.
- Establishing regulatory framework clarity and parity.
- Coordination with other regulatory agencies
Key Activities
Activities include:
- Establish a plan and schedule based on priority criteria for the
subset reviews. This planning phase will require interaction with a
number of stakeholders.
- Conduct informal discussions with stakeholders.
- Conduct a workshop for in-depth stakeholder discussions.
- Finalize a draft plan for regulatory reviews by December 2007.
Once the plan has been finalized, the first two reviews will begin in
early 2008 with informal stakeholder discussions followed by a formal
rulemaking process, as necessary, in the middle of 2008.
8.5--Assist local decision makers in long-range planning to help develop the
diversion infrastructure and ensure that it keeps pace with growth and changes
in "waste sheds."
This subdirective addresses the need to assist local decision-makers
with infrastructure issues related to solid waste diversion and disposal.
Local planning must take into account changes in population and business
cycles, facility capacity, and waste/material flows. Materials cannot be
diverted without diversion facilities and solid waste cannot be disposed
without disposal facilities. Both types of facilities take substantial time
to get through planning, permitting and construction. Long-term planning is
needed to ensure that facilities are there when they are needed. This
subdirective relates closely to subdirective 6.5 which focuses on ensuring
that sufficient recyclables will be available for increased diversion and
regional markets with an emphasis on having adequate collection and
processing infrastructures.
Baseline
The baseline is the current waste management infrastructure.
Metrics or Performance Criteria
The performance criterion will be increases in the number of jurisdictions
that the Board successfully assists in long-range infrastructure planning.
Annual Targets
The first targets will be to conduct preliminary fact finding with
jurisdictions and conduct a workshop in 2008 to determine processes and
actions needed to complete analyses and identify infrastructure planning
needs.
Key Activities
- Define "infrastructure" and identify key steps needed to improve process
and supply needed information and assistance.
- Determine the best approaches to identify future waste shed diversion and
disposal facility needs, and how to assist jurisdictions as they plan for
future needs.
- Determine how to adequately incorporate review of risks to health, safety
and the environment into long-range infrastructure planning.
- Through the workshops, scope options and strategies to improve the
infrastructure planning process. Legislative and regulatory changes may be
pursued.
8.6--Seek additional legislative authority by September 2008 for more effective
enforcement by local enforcement agencies (LEA) and the CIWMB, including but not limited to authority for
criminal penalties, increased civil penalties, streamlining of appeal process,
and addressing illegal disposal.
This subdirective builds on the work of the
Illegal Dumping Enforcement
Task Force, which developed a set of 24 recommendations organized into four
areas to combat the $89 million annual problem of illegal dumping, including
recommendations for legislation for more tools and funding for local
programs. This subdirective is closely related to 3.5 and
8.9.
Baseline
The baseline is the current level of LEA and CIWMB enforcement authority.
Metrics or Performance Criteria
Statutory change that increases authority.
Key Activities
- Starting with the Board report from February 2006 and Board-developed
legislative proposals assess enforcement authority in light of current and
future compliance issues and future waste management infrastructure needs.
- Work with LEAs to identify needed changes, develop legislative proposals,
and support legislative process.
Annual Targets
- Submit legislative proposals for changes in LEA/CIWMB enforcement authority
in fall 2007 for legislative action in 2008.
- Evaluate potential statutory and funding options to enhance local and
regional capabilities to prevent and redress illegal dumping by January
2008.
8.7--Seek additional statutory authority by
September 2008 to reject incomplete and incorrect applications and provide
effective and timely CIWMB review of proposed permits.
This subdirective seeks changes in statute to improve quality of permits
the CIWMB must review and improve the CIWMB's ability to review the permits
within the statutory deadline. Because of LEA permit submittal schedules and
the Board's meeting schedule, the Board usually does not have a full 60 days
to review, process, and act on a permit. If the Board fails to act within 60
days the permit is deemed to have been approved. LEAs are required to
provide a complete permit package with a proposed permit. Some proposed
permits are received without an associated package, with gaps in the
submittal, or with incorrect information in the submittal. The Board can not
reject a proposed permit. Board staff works with LEAs to rectify
deficiencies in the submittal so that the Board can take an action on the
proposed permit.
Baseline
The baseline is the current statutory scheme allowing the Board 60 days to
review, process, and take action on a proposed permit from the day it is
received in the mail.
Metrics or Performance Criteria
Statutory changes.
Annual Targets
A legislative proposal will be developed that will address changes in CIWMB
permitting authority by fall 2007 for legislative action in 2008.
Key Activities
Board staff will start with past analysis and strategy (Board Meeting,
February 14, 2006, Item 24) and past
Board-developed legislative proposals that addressed permit review and
rejection authority. Staff will work with LEAs to identify needed changes to
further develop and refine a legislative proposal by October, 2007.
8.8--As part of enhancing the CIWMB's enforcement functions, increase
the number of independent and random audits and of field investigations of
solid waste facilities. Begin by auditing 2 percent of facilities per year and
increase to a total of 10 percent per year.
This subdirective addresses a core goal of the Integrated Waste
Management act, protecting public health and safety. To enhance enforcement
the CIWMB will increase monitoring effects to ensure facilities meet
requirements. This subdirective is closely related to
4.1, 4.3, and
8.3
Baseline
The baseline is the number of CIWMB inspections for all permitted solid
waste facilities (other than prepermit and 18-month inspections) in 2006
included in the SWIS database.
Metrics or Performance Criteria
The number of CIWMB inspections for all permitted solid waste facilities
(other than prepermit and 18-month inspections) in a calendar year included
in the SWIS database will serve as a metric.
Annual Targets
Increase by 2 percent the number of facilities inspected by December 2008, and
report the results to the Board in February 2009. Achieve a 10 percent increase in
facility inspections by 2013.
Key Activities
- The initial focus will be on increasing inspections for chronic violators.
- Additional inspections will be focused where issues have been raised.
- Activities will include:
- Develop criteria for selecting facilities for inspection.
- Conduct inspections.
- Evaluate programs, opportunities to improve
efficiency, and the need for additional resources to perform
inspections.
- Report to the Board.
8.9--Evaluate by January 2008 potential statutory
and funding options to enhance local and regional capabilities to prevent
and redress illegal dumping. Completed. Facilitate enhancement of local and
regional capabilities to prevent and redress illegal dumping. Continued
Activity (rev. 2/08)
This subdirective builds on the work of the Illegal Dumping Enforcement
Task Force, which developed a set of 24 recommendations organized into four
areas to combat the $89 million annual problem of illegal dumping, including
recommendations for Legislation for more tools and funding for local
programs. This subdirective is closely related to 3.5 and
8.6.
Baseline
The baseline is the current status of illegal dumping. Local Governments
spend approximately $34 million annually for abatement. In addition, the
Department of Transportation's has an annual budget for litter and illegal
dumping abatement and prevention of $55 million, for a combined minimum cost
of $89 million.
Metrics or Performance Criteria
Staff will analyze the Illegal Dumping Enforcement Task Force (IDETF) report
and recommendations, prioritize, and develop staff recommendations for Board
consideration.
Key Activities
- Assess extent of illegal dumping.
- Develop components of state and local programs to combat illegal dumping.
- Consider early implementation measures by September 2007.
- Track progress on the cleanup of the 47 illegal disposal sites in the New
River Area of Imperial County as a potential model for other areas of the
state.
- Market available tools for tire site to local governments including
surveillance, helicopter flyovers, and California District Attorneys
Association (CDAA) contract.
- Propose regulatory, statutory, and financial assistance needed to
remediate and prevent illegal dumping.
Annual Targets
Report to the Board by December 2007, using a workshop format similar to
other Strategic Directive workshops (for example, producer responsibility,
and climate change).
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