CIWMP Enforcement Part II: Failure to Implement a HHWE

HHWE Implementation

Each household hazardous waste element (HHWE) describes programs for the safe collection, recycling, treatment, and disposal of hazardous wastes generated by households; a monitoring program; funding sources; and a specific implementation time frame. Board staff recommends using the following criteria to determine whether selected programs were implemented, and to assess the reasons a jurisdiction has failed to implement its HHW programs. Board staff will also determine if the jurisdiction is following the HHWE implementation schedule. Jurisdictions failing to fully implement their HHWE may be fined up to $10,000 per day.

Jurisdictions implementing programs are not subject to fines by the Board. Staff recommends the following criteria be used to determine if programs were implemented. For example:

• Was an HHW event or a permanent collection facility made available to all households in the jurisdiction, regardless of actual participation?
• What expenditures have been devoted to HHW collection, treatment, recycling, and disposal?
• What efforts have been made to inform the public about HHW and HHW collection events and/or facilities?
• Have the time frames specified in the HHWE for implementing programs been followed (considering reasonable barriers to implementation)

Staff recommends investigating the extent to which a jurisdiction has implemented programs, and the reasons they have failed to implement programs. Staff may recommend to the Board that a jurisdiction be issued a compliance order.  The Board may consider assessing fines of up to $10,000 per day to jurisdictions that fail to meet the requirements of their compliance orders, on a case-by-case basis. Example criteria include:

• What programs were not implemented?
• Has the jurisdiction investigated local and regional waste exchange, recycling, and reuse options?
• Were insufficient funds available to implement programs?
  • Has the jurisdiction investigated grants available from the Board, the DOC, the US EPA, etc.?
  • Has the jurisdiction investigated regional approaches to programs and expenses?
  • Has the jurisdiction investigated all financial options selected in the HHWE?
• Have time frames projected in the HHWE been met?
  • What factors have affected these time frames?
  • Will time frames be adjusted to continue program implementation?
• What other problems has the jurisdiction encountered in program implementation?
• Was insufficient staff available to implement programs?
  • Has the jurisdiction investigated volunteer or internship programs?
  • Has the jurisdiction investigated regional approaches to programs, expenses, and staffing?
• Have existing contractual or legal issues prohibited a jurisdiction from implementing programs?

As approved by the Board on August 14, 2001.

Last updated: October 26, 2007