Countywide Integrated Waste Management Plan Enforcement

Background | Table of Contents

Background

This report is divided into two sections. Part I addresses content adequacy requirements of an element and plan, regulatory and statutory requirements, the submittal process, the evaluation process by local assistance staff, the approval and disapproval process and proposed methods to correct deficiencies. Part II addresses the process and procedures the Board will take against local jurisdictions who fail to implement an element or plan or a Board-recommended process for dispute resolution.

The Board has statutory requirements under Public Resources Code (PRC) sections 41813 and 41850(a) to enforce the provisions of AB 939 if a local jurisdiction fails to submit an adequate element or plan or if a local jurisdiction fails to implement its Source Reduction and Recycling Element (SRRE) or Household Hazardous Waste Element (HHWE). Administrative civil penalties of up to $10,000 per day may be imposed on local jurisdictions until the element or plan is submitted to the Board and is deemed adequate or until the element or plan is implemented. This report has been prepared to address the process the Board will use to determine adequacy of elements and plans and to discuss enforcement options the Board has to address jurisdictions who fail to submit an adequate element or plan.

Table of Contents

Part I: Adequacy of CIWMP and Elements

Background
Analysis
Statutory, Regulatory and Content Adequacy Requirements
Source Reduction and Recycling Element (SRRE) Adequacy
Household Hazardous Waste Element (HHWE) Adequacy
Nondisposal Facility Element (NDFE) Adequacy
Countywide Siting Element (CSE) Adequacy
Countywide Integrated Waste Management Plan (CIWMP) Adequacy

• Submittal Process
• Evaluation Process
• Approval Process
• Conditional Approval Process
• Disapproval Process
• Addressing Deficiencies
• Enforcement Process

Part II: Failure to Implement a SRRE and HHWE 

Available as a downloadable (Part II, MS Word, 137 KB) or as web pages, below.

• Background: What is implementation?
• SRRE Implementation

1. Implementing All or Most Programs, and Meeting Diversion requirements;
2. Implementing Some/All Programs, but Not Meeting Diversion Requirements;
3. Implementing a Small Number of Programs and Meeting Diversion Requirements; 
4. Not Implementing Programs and Not Meeting Diversion Requirements.

• Additional Considerations for SRRE Implementation
• HHWE Implementation
• Determination of SRRE and HHWE Implementation
• Compliance Measurements
• Enforcement

Appendices

1. Definitions
2. Relevant waste reduction statutes

Last updated: December 28, 2007