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Claiming Disaster Debris Disposal Deductions

Introduction

The California Integrated Waste Management Act (AB 939, Sher, Chapter 1095, Statutes of 1989 as amended [IWMA]) requires each city, county, or regional agency (jurisdiction) to reduce waste by reuse, recycling, composting, or other diversion activities. Jurisdictions must report annually to the California Integrated Waste Management Board (CIWMB) on the progress they are making in reducing waste.

To prevent a jurisdiction’s diversion from being impacted by disaster waste, the IWMA allows disaster waste to be subtracted from disposal tons if it is tracked. Because disasters (for example, earthquakes, fires, and floods) can generate a lot of waste, it is important for facility operators to track this waste to assure disposal reporting accuracy.

Definitions

  • “Disaster” means a natural catastrophe such as an earthquake, fire, flood, landslide, or volcanic eruption, or, regardless of cause, any explosion, fire, or flood.
  • "Disaster Debris" means nonhazardous solid waste caused by or directly related to a disaster.
  • “Disaster Waste” means waste resulting from a disaster, either a “Local Emergency” or “State of Emergency.”
  • "Emergency Waiver of Standards" means the document signifying approval by an enforcement agency which allows an operator, who holds a valid solid waste facilities permit, the ability to deviate from specified state minimum solid waste standards or terms of conditions of a solid waste facilities permit issued pursuant to this Division. The waiver applies to the origin of waste; the rate of inflow for storage, transfer, or disposal of waste; the type and moisture content of solid waste; the hours of facility operation; and the storage time before transfer or disposal of wastes, at a solid waste facility. This includes the establishment of a locally-approved temporary transfer or processing site, if authorized by the enforcement agency.
  • “Extent Feasible” is evidenced by the use of maximum efforts to recycle, reuse, or otherwise divert from disposal as much of the debris and other nonhazardous waste received by the solid waste facility as possible, as determined by the operator.
  • "Local Emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, as described in Government Code section 8558(c), which conditions are, or are likely to be, beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, as stated in the proclamation by the governing body of a county, city and county, or city, or by an official so designated by ordinance adopted by such governing body to issue such proclamation.
  • "State of Emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state, as described in Government Code section 8558(b), which conditions, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city, and require the combined forces of a mutual aid region or regions to combat, as stated in a proclamation by the Governor.

Requirements for Jurisdictions Claiming a Disaster Waste Disposal Deduction

Jurisdictions Claiming Disaster Waste from Disposal are Required to:

  • Make maximum efforts to recycle, reuse, or otherwise divert from disposal as much of the debris and other non-hazardous waste received by the solid waste facility as possible. See California Code of Regulations (CCR), Title 14, Division 7, Chapter 9, Article 9, section 18794.2 (g)(2).
  • Complete and submit the Reporting Year Disposal Tonnage Modification Request and Certification form with your annual report. Disaster waste that is documented may be deducted in the annual report using the disposal modification process. Jurisdictions submitting a disaster-related disposal deduction claim must provide the following information.
    • Verify that the claimed disaster is a declared disaster or public emergency; that is, a local emergency or a state of emergency has been duly proclaimed. A state of emergency can only be proclaimed by the Governor. A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body. Chapter 14 of the Board’s disaster plan provides additional details on who may duly proclaim a disaster.
    • Send supporting documentation of the tonnage being claimed for deduction.
    • Describe the diversion programs implemented to maximize the diversion of the disaster-related solid waste.

Prior to or Immediately after a Disaster Occurs, Jurisdictions Should:

  • Contact the DRS coordinators in the counties in which the facilities that receive their waste are located to determine whether they have contingency plans for tracking disaster waste. DRS county coordinator contact information can be found on the CIWMB’s Local Assistance Contacts web page.

Requirements for Facilities Taking Disaster Waste

Facilities Taking Disaster Waste are Required to:

California Integrated Waste Management Board Web Pages or Resources

Legislation, Statutes, and Regulations

Legislation:

Statutes: Public Resources Code (PRC) and Government Code Sections.

Regulations:

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Last updated: May 28, 2008

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