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The following is a discussion of the statutory, regulatory and content adequacy
requirements of a Countywide Siting Element (CSE). This section contains what staff will
focus on during the review of a CSE to determine and define adequacy.
In each of the following CSE component discussions, the focus is on specific topics to
consider when determining whether a CSE is considered adequate. The specific topics
in each component are significant and have been selected because those topics can provide
the majority of the information necessary for staff to determine whether a plan or
element can be deemed adequate.
Countywide Siting Element
Statutes: PRC sections
41700-41721.5
Counties are required to prepare a CSE that describes areas that may be used
for developing new disposal facilities. The element also provides an estimate of the total
permitted disposal capacity needed for a 15-year period if counties determine that their
existing disposal capacity will be exhausted within 15 years or if additional capacity is
desired.
Regulations: 14 CCR sections
18755 – 18756.7
These sections clarify and provide guidance to
counties that will be preparing their CSE. The CSE is addressed in Article 6.5
that specifies requirements for goals, policies, criteria, location, general plan
consistency, strategies for disposal when disposal sites are not available, and an
implementation schedule.
Countywide Siting Element Content Adequacy
Facility Description
An adequate CSE contains a description and identification of areas, numbers, and
types of new or expanded solid waste disposal and transformation facilities to meet a
minimum of 15 years of combined permitted disposal capacity. If new or expanded facilities
cannot be established, then a discussion of strategies selected by the local
jurisdiction to dispose of the excess solid waste shall be included.
Siting Criteria
The element includes a discussion and description of the siting criteria used in
the County's siting process for new or expanded solid waste disposal or
transformation facilities. The siting criteria shall address the requirements of
14 CCR section 18756(a)(1-5) that are: environmental considerations, environmental impacts,
socio-economic and legal considerations, and any other additional criteria included by
jurisdictions that approve the element.
Strategies to Achieve 15-Year Disposal Capacity
The element includes a discussion of how excess solid waste will be handled if
new or expanded disposal sites are not available. The discussion also includes the types
and quantities of excess waste to be handled, diversion or export programs that would be
implemented to handle the excess solid waste, and identification of solid waste disposal
or transformation facilities that will be used to implement the strategies. A copy of the
export and/or import agreement/contract with a participating jurisdiction is included in
the element as well.
Environmental Justice
Senate Bill 1542 (Escutia; statutes of 2002) amended PRC Section 41701 to
require a County that amends its CSE on or after January 1, 2003, to include a
description of the actions taken by the county to solicit public participation
from the communities that could be affected by the change(s), including, but not
limited to, minority and low-income populations. While SB 1542 does not
prescribe the specific actions that must be taken in order to satisfy the
requirement, it did require the Board to provide guidance on the types of
actions that could be taken.
Links to Other Resources Related to Environmental Justice:
1)
Cal/EPA Environmental Justice Recommendations Report to the Interagency Working
Group on Environmental Justice. (In particular, see page 17, Goal 1)
2) CEQA (In
particular, Section 21092)
3)
California Resources Agency: Environmental Justice Policy
4)
California Department of Transportation
5)
California Energy Commission
Should you need further assistance or information on amending a CSE, please
contact your local assistance
staff representative or (916) 341-6199.
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