41820.5. (a) In addition to its authority under Section 41820, the
board may, after a public hearing, grant a time extension from the
diversion requirements of Section 41780 to a city if both of the
following conditions exist:
(1) The city was incorporated pursuant to Division 3 (commencing
with Section 56000) of Title 5 of the Government Code after January
1, 1990, and before January 1, 2001.
(2) The county within which the city is located did not include
provisions in its franchises that ensured that the now incorporated
area would comply with the diversion requirements of Section 41780.
(b) The board may authorize a city that meets the requirements of
subdivision (a) to submit a source reduction and recycling element
that includes an implementation schedule that shows both of the
following:
(1) The city shall divert 25 percent of its estimated generation
amount of solid waste from landfill or transformation facilities
within three years from the date on which the source reduction and
recycling element is due pursuant to subdivision (b) of Section
41791.5, through source reduction, recycling, and composting
activities.
(2) The city shall divert 50 percent of its estimated generation
amount of solid waste from landfill or transformation facilities
within eight years from the date on which the source reduction and
recycling element is due pursuant to subdivision (b) of Section
41791.5, through source reduction, recycling, and composting
activities.
41820.6. (a) In addition to its authority under Section 41820, the
board may, after a public hearing, grant a time extension from the
requirements of Section 41780 to a city if both of the following
conditions exist:
(1) The city was incorporated pursuant to Division 3 (commencing
with Section 56000) of Title 5 of the Government Code on or after
January 1, 2001.
(2) The county within which the city is located did not include
provisions in its franchises that ensured that the now incorporated
area would comply with the requirements of Section 41780.
(b) The board may authorize a city that meets the requirements of
subdivision (a) to submit a source reduction and recycling element
that includes an implementation schedule that shows that the city
shall comply with the requirements of Section 41780, within three
years from the date on which the source reduction and recycling
element is due pursuant to subdivision (b) of Section 41791.5,
through source reduction, recycling, and composting activities.
41821. (a) (1) Each year following the board's approval of a
jurisdiction's source reduction and recycling element, household
hazardous waste element, and nondisposal facility element, the
jurisdiction shall submit a report to the board summarizing its
progress in reducing solid waste as required by Section 41780, in
accordance with the schedule set forth in this subdivision.
(2) The annual report shall be due on or before August 1 of the
year following board approval of the source reduction and recycling
element, the household hazardous waste element, and the nondisposal
facility element, and on or before August 1 in each subsequent year.
The information in this report shall encompass the previous calendar
year, January 1 to December 31, inclusive.
(b) Each jurisdiction's annual report to the board shall, at a
minimum, include the following:
(1) Calculations of annual disposal reduction.
(2) A summary of progress made in implementing the source
reduction and recycling element and the household hazardous waste
element.
(3) An update of the jurisdiction's source reduction and recycling
element and household hazardous waste element to include any new or
expanded programs the jurisdiction has implemented or plans to
implement.
(4) An update of the jurisdiction's nondisposal facility element
to reflect any new or expanded nondisposal facilities the
jurisdiction is using or planning to use.
(5) A summary of progress made in diversion of construction and
demolition of waste material, including information on programs and
ordinances implemented by the local government and quantitative data,
where available.
(6) Other information relevant to compliance with Section 41780.
(c) A jurisdiction may also include, in the report required by
this section, all of the following:
(1) Information on disposal reported pursuant to Section 41821.5
that the jurisdiction believes may be relevant to the board's
determination of the jurisdiction's per capita disposal rate.
(2) Disposal characterization studies or other completed studies
that show the effectiveness of the programs being implemented.
(3) Factors that the jurisdiction believes would affect the
accuracy of, or mitigate the amount of, solid waste disposed by the
jurisdiction, including, but not limited to, either of the following:
(A) Whether the jurisdiction hosts a solid waste facility or
regional diversion facility.
(B) The effects of self-hauled waste and construction and
demolition waste.
(4) The extent to which the jurisdiction previously relied on
biomass diversion credit and the extent to which it may be impacted
by the lack of the credit.
(5) Information regarding the programs the jurisdiction is
undertaking to address specific disposal challenges, and why it is
not feasible to implement programs to respond to other factors that
affect the amount of waste that is disposed.
(6) Other information that describes the good faith efforts of
the jurisdiction to comply with Section 41780.
(d) The board shall use, but is not limited to the use of, the
annual report in the determination of whether the jurisdiction's
source reduction and recycling element needs to be revised or
updated.
(e) (1) The board shall adopt procedures for requiring additional
information in a jurisdiction's annual report. The procedures shall
require the board to notify a jurisdiction of any additional required
information no later than 120 days after the board receives the
report from the jurisdiction.
(2) Paragraph (1) does not prohibit the board from making
additional requests for information in a timely manner. A
jurisdiction receiving a request for information shall respond in a
timely manner.
(3) If the schedule for the submission of an annual report by a
jurisdiction does not correspond with the scheduled review by the
board specified in subdivision (a) of Section 41825, the board shall
utilize the information contained in the annual report to assist the
board in providing technical assistance and reviewing the
jurisdiction's diversion program implementation.
(f) The board shall adopt procedures for conferring with a
jurisdiction regarding the implementation of its diversion programs.
(g) Notwithstanding the Uniform Electronic Transactions Act (
Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3
of the Civil Code), a jurisdiction shall submit the progress report
required by this section to the board electronically, using the board'
s electronic reporting format system.
(h) Notwithstanding the reporting schedule required by this
section, and in addition to the review required by Section 41825, the
board shall visit each jurisdiction not less than once each year to
monitor the jurisdiction's implementation and maintenance of its
diversion programs.
41821.1. (a) Each year following the board's approval of a county
or regional agency's siting element and summary plan, the county or
regional agency shall submit a report to the board summarizing the
adequacy of the siting element and summary plan. The report on the
siting element shall discuss any changes in disposal capacity,
disposal facilities, or any other relevant issues. The annual report
shall be due on or before August 1 of the year following board
approval of a county or regional agency's siting element and summary
plan, and on or before August 1 in each subsequent year. The
information in this report shall encompass the previous calendar
year, January 1 to December 31, inclusive.
(b) The board shall adopt procedures that may authorize a
jurisdiction to submit an abbreviated version of the report required
pursuant to this section, if the board determines that the
jurisdiction has met or exceeded the requirements of paragraph (2) of
subdivision (a) of Section 41780 for the previous two years, and if
the board determines that the jurisdiction has otherwise complied
with this division for the previous five years.
41821.2. (a) For the purposes of this section, "district" means a
community services district, public utility district, or sanitary
district that provides solid waste handling services or implements
source reduction and recycling programs.
(b) Notwithstanding any other law, each district shall do all of
the following:
(1) Comply with the source reduction and recycling element and the
household hazardous waste element of the city, county, or regional
agency in which the district is located, as required by the city,
county, or regional agency. The city, county, or regional agency
shall notify a district of any program that it is implementing or
modifying when it annually submits a report to the board pursuant to
Section 41821.
(2) Provide each city, county, or regional agency in which it is
located, information on the programs implemented by the district, the
amount of waste disposed and reported to the disposal tracking
system pursuant to Section 41821.5 for each city, county, or regional
agency, and the amount of waste diverted by the district for each
city, county, or regional agency.
(c) The board may adopt regulations pertaining to the format of
the information to be provided pursuant to paragraph (2) of
subdivision (b) and deadlines for supplying this information to the
city, county, or regional agency, so that it may be incorporated into
the annual report submitted to the board pursuant to Section 41821.
(d) A district is subject to the portion of a penalty imposed,
pursuant to Section 41850, upon a city, county, or regional agency in
which the district is located, that is in proportion to the district'
s responsibility for failure to implement that jurisdiction's source
reduction and recycling element and household hazardous waste
element, as determined by that city, county, or regional agency. The
board shall not determine the proportion of a district's
responsibility as part of its determination to impose penalties. The
city, county, or regional agency shall provide the district with a
written notice regarding the district's responsibility, including the
basis for determining the district's proportional responsibility,
and an opportunity for hearing before the city, county, or regional
agency's governing body, before assessing the district a proportion
of the penalty imposed by the board.
(e) A district may impose a fee in an amount sufficient to pay for
the costs of complying with this section. The fees shall be assessed
and collected in the same manner as the fees imposed pursuant to
Sections 41901 and 41902.
41821.3. (a) For the purposes of this section the following
definitions shall apply:
(1) "Inert waste" means only rock, concrete, brick, sand, soil,
ceramics, and cured asphalt. "Inert waste" does not include any waste
that meets the definition of "designated waste," as defined in
Section 13173 of the Water Code, or "hazardous waste" as defined in
Section 40141.
(2) "Inert waste removed from the solid waste stream and not
disposed of in a solid waste landfill" means the use or placement of
inert waste on property where surface mining operations, as defined
in Section 2735, are being conducted, or have been conducted
previously, if the use or placement is for purposes of reclamation,
as defined in Section 2733, pursuant to either of the following:
(A) A reclamation plan approved under Section 2774.
(B) For surface mining operations conducted prior to January 1,
1976, an agreement with a city or county, or a permit issued by a
city or county, that provides for a fill appropriately engineered for
the planned future use of the reclaimed mine site.
(3) "Jurisdiction" means a city, county, or regional agency.
(b) A jurisdiction shall deduct, from the amount of disposed waste
that is required to be included in the annual report submitted to
the board pursuant to subdivision (b) of Section 41821, inert waste
removed from the solid waste stream and not disposed of in a solid
waste landfill, as defined in paragraph (2) of subdivision (a). A
jurisdiction shall deduct this inert waste only in accordance with
the procedures specified in subdivisions (c) to (e), inclusive,
commencing with the report submitted by the jurisdiction to the board
for the year 2001.
(c) (1) A jurisdiction shall deduct inert waste pursuant to
subdivision (b) from its reported disposal tonnage for the year 2001,
and shall identify, in the jurisdiction's annual report, that the
deduction is being made pursuant to this section and the exact amount
of the deduction.
(2) The board shall verify that the deduction made pursuant to
paragraph (1) is consistent with the requirements of this section and
the amount deducted is consistent with the amount reported through
the board's disposal reporting system. The board shall approve the
deduction made by the jurisdiction upon making this verification.
(3) If the board finds that the amount deducted pursuant to
paragraph (1) does not meet the requirements of this section, or if
the amount deducted is not consistent with the amount reported
through the board's disposal reporting system, the board shall notify
the jurisdiction of its preliminary determination and confer with
representatives of the jurisdiction to reach an agreement regarding
the amount of the deduction. If the jurisdiction agrees upon the
amount of the deduction, the board shall approve the deduction as
modified. If the board and the jurisdiction are unable to reach
agreement upon the amount of the deduction, the jurisdiction may
request a hearing before the board to obtain a final determination.
(d) (1) A jurisdiction shall deduct tonnage from its base-year
disposal in an amount equal to the amount deducted from the
jurisdiction's 2001 disposal tonnage pursuant to this section. The
jurisdiction shall not deduct an amount from its base-year disposal
tonnage that is greater than the amount of disposed inert waste that
was included in its most recent board-approved revised base-year
approved by the board.
(2) The board shall verify that the base-year deduction made
pursuant to paragraph (1) is consistent with the requirements of this
section. The board shall approve the revised base-year disposal
tonnage upon making this verification.
(3) If the board finds that the base-year deduction requested
pursuant to paragraph (1) is not consistent with the requirements of
this section, the board shall notify the jurisdiction of its
preliminary determination and confer with representatives of the
jurisdiction in order to reach agreement regarding the amount of the
deduction. If the jurisdiction agrees upon the amount of the
deduction, the board shall approve the revised base-year disposal
tonnage accordingly. If the board and the jurisdiction are unable to
reach agreement upon the amount of the deduction, the jurisdiction
may request a hearing before the board to obtain a final
determination.
(e) (1) A jurisdiction shall deduct all inert waste from its
reported disposal tonnage in all of its annual reports for all
subsequent years. The board shall verify this deduction pursuant to
paragraphs (2) and (3) of subdivision (c).
(2) If the board approves the jurisdiction's revised base-year
disposal tonnage pursuant to subdivision (d), the revised base year
disposal tonnage shall not be subsequently revised for inert waste
under this section.
(f) This section does not limit the authority of the board to
require any facility that uses or places inert material on property
where surface mining operations are being conducted, or have been
conducted previously, to report to the board on the quantities of
inert material used or placed on the property for the purpose of
reclamation.
(g) It is the intent of the Legislature that a city, county, or
regional agency not be required to revise its source reduction and
recycling element to comply with this section unless the city,
county, or regional agency elects to implement this section as
authorized by this section.
(h) This section shall become inoperative on the operative date of
any regulation adopted by the board relating to "inert waste removed
from the solid waste stream and not disposed of in a solid waste
landfill," as defined in paragraph (2) of subdivision (a), if that
regulation includes procedures to facilitate the counting of the
inert waste for purposes of the disposal reporting system established
under Section 41821.5 when that inert waste is placed in a mine
reclamation facility as fill material, and, as of January 1
immediately following that operative date, is repealed, unless a
later enacted statute that is enacted before that January 1 deletes
or extends the dates on which it becomes inoperative and is repealed.
41821.5. (a) Disposal facility operators shall submit to counties
information from periodic tracking surveys on the disposal tonnages
by jurisdiction or region of origin that are disposed of at each
disposal facility. To enable disposal facility operators to provide
that information, solid waste handlers and transfer station operators
shall provide information to disposal facility operators on the
origin of the solid waste that they deliver to the disposal facility.
(b) Recycling and composting facilities shall submit periodic
information to counties on the types and quantities of materials that
are disposed of, sold to end users, or that are sold to exporters or
transporters for sale outside of the state, by county of origin.
When materials are sold or transferred by one recycling or composting
facility to another, for other than an end use of the material or
for export, the seller or transferror of the material shall inform
the buyer or transferee of the county of origin of the materials. The
reporting requirements of this subdivision do not apply to entities
that sell the byproducts of a manufacturing process.
(c) Each county shall submit periodic reports to the cities within
the county, to any regional agency of which it is a member agency,
and to the board, on the amounts of solid waste disposed by
jurisdiction or region of origin, as specified in subdivision (a),
and on the categories and amounts of solid waste diverted to
recycling and composting facilities within the county or region, as
specified in subdivision (b).
(d) The board may adopt regulations pursuant to this section
requiring practices and procedures that are reasonable and necessary
to perform the periodic tracking surveys required by this section,
and that provide a representative accounting of solid wastes that are
handled, processed, or disposed. Those regulations or periodic
tracking surveys approved by the board shall not impose an
unreasonable burden on waste handling, processing, or disposal
operations or otherwise interfere with the safe handling, processing,
and disposal of solid waste.
(e) On or before January 1, 2002, the board shall submit a report
to the Legislature that evaluates the implementation of this section.
The report shall include, but not be limited to, all of the
following:
(1) An evaluation of the accuracy of the disposal reporting system
under differing circumstances.
(2) The status of implementation of the disposal reporting system
at the local level by waste haulers, landfills, transfer station and
material recovery operators, and local agencies.
(3) The need for modification of the disposal reporting system to
improve accuracy.
(4) Recommendations for regulatory and statutory changes needed to
address deficiencies in the disposal reporting system.
(5) Recommendations to improve implementation and to streamline
the reporting system, including ways to assist agencies to meet the
reporting and tracking requirements.
(f) The board shall convene a working group composed of
representatives of stakeholder groups, including, but not limited to,
cities, counties, regional agencies, the solid waste industry,
recyclers, and environmental organizations, to assist the board in
preparing the report required pursuant to subdivision (e).
41821.6. To assist market development efforts by the board, local
agencies, and the private sector, the board shall use existing data
resources collected from recycling, composting, and disposal
facilities, or from other sources, to provide periodic information on
the recovery and availability of recycled materials.
41822. Each city, county, or regional agency shall review its
source reduction and recycling element or the countywide integrated
waste management plan at least once every five years to correct any
deficiencies in the element or plan, to comply with the source
reduction and recycling requirements established under Section 41780,
and to revise the documents, as necessary, to comply with this part.
Any revision made to an element or plan pursuant to this section
shall be submitted to the board for review and approval or
disapproval pursuant to the schedule established under this chapter.
41820.5. (a) In addition to its authority under Section 41820, the
board may, after a public hearing, grant a time extension from the
diversion requirements of Section 41780 to a city if both of the
following conditions exist:
(1) The city was incorporated pursuant to Division 3 (commencing
with Section 56000) of Title 5 of the Government Code after January
1, 1990, and before January 1, 2001.
(2) The county within which the city is located did not include
provisions in its franchises that ensured that the now incorporated
area would comply with the diversion requirements of Section 41780.
(b) The board may authorize a city that meets the requirements of
subdivision (a) to submit a source reduction and recycling element
that includes an implementation schedule that shows both of the
following:
(1) The city shall divert 25 percent of its estimated generation
amount of solid waste from landfill or transformation facilities
within three years from the date on which the source reduction and
recycling element is due pursuant to subdivision (b) of Section
41791.5, through source reduction, recycling, and composting
activities.
(2) The city shall divert 50 percent of its estimated generation
amount of solid waste from landfill or transformation facilities
within eight years from the date on which the source reduction and
recycling element is due pursuant to subdivision (b) of Section
41791.5, through source reduction, recycling, and composting
activities.
41820.6. (a) In addition to its authority under Section 41820, the
board may, after a public hearing, grant a time extension from the
requirements of Section 41780 to a city if both of the following
conditions exist:
(1) The city was incorporated pursuant to Division 3 (commencing
with Section 56000) of Title 5 of the Government Code on or after
January 1, 2001.
(2) The county within which the city is located did not include
provisions in its franchises that ensured that the now incorporated
area would comply with the requirements of Section 41780.
(b) The board may authorize a city that meets the requirements of
subdivision (a) to submit a source reduction and recycling element
that includes an implementation schedule that shows that the city
shall comply with the requirements of Section 41780, within three
years from the date on which the source reduction and recycling
element is due pursuant to subdivision (b) of Section 41791.5,
through source reduction, recycling, and composting activities.
41821. (a) (1) Each year following the board's approval of a
jurisdiction's source reduction and recycling element, household
hazardous waste element, and nondisposal facility element, the
jurisdiction shall submit a report to the board summarizing its
progress in reducing solid waste as required by Section 41780, in
accordance with the schedule set forth in this subdivision.
(2) The annual report shall be due on or before August 1 of the
year following board approval of the source reduction and recycling
element, the household hazardous waste element, and the nondisposal
facility element, and on or before August 1 in each subsequent year.
The information in this report shall encompass the previous calendar
year, January 1 to December 31, inclusive.
(b) Each jurisdiction's annual report to the board shall, at a
minimum, include the following:
(1) Calculations of annual disposal reduction.
(2) A summary of progress made in implementing the source
reduction and recycling element and the household hazardous waste
element.
(3) An update of the jurisdiction's source reduction and recycling
element and household hazardous waste element to include any new or
expanded programs the jurisdiction has implemented or plans to
implement.
(4) An update of the jurisdiction's nondisposal facility element
to reflect any new or expanded nondisposal facilities the
jurisdiction is using or planning to use.
(5) A summary of progress made in diversion of construction and
demolition of waste material, including information on programs and
ordinances implemented by the local government and quantitative data,
where available.
(6) Other information relevant to compliance with Section 41780.
(c) A jurisdiction may also include, in the report required by
this section, all of the following:
(1) Information on disposal reported pursuant to Section 41821.5
that the jurisdiction believes may be relevant to the board's
determination of the jurisdiction's per capita disposal rate.
(2) Disposal characterization studies or other completed studies
that show the effectiveness of the programs being implemented.
(3) Factors that the jurisdiction believes would affect the
accuracy of, or mitigate the amount of, solid waste disposed by the
jurisdiction, including, but not limited to, either of the following:
(A) Whether the jurisdiction hosts a solid waste facility or
regional diversion facility.
(B) The effects of self-hauled waste and construction and
demolition waste.
(4) The extent to which the jurisdiction previously relied on
biomass diversion credit and the extent to which it may be impacted
by the lack of the credit.
(5) Information regarding the programs the jurisdiction is
undertaking to address specific disposal challenges, and why it is
not feasible to implement programs to respond to other factors that
affect the amount of waste that is disposed.
(6) Other information that describes the good faith efforts of
the jurisdiction to comply with Section 41780.
(d) The board shall use, but is not limited to the use of, the
annual report in the determination of whether the jurisdiction's
source reduction and recycling element needs to be revised or
updated.
(e) (1) The board shall adopt procedures for requiring additional
information in a jurisdiction's annual report. The procedures shall
require the board to notify a jurisdiction of any additional required
information no later than 120 days after the board receives the
report from the jurisdiction.
(2) Paragraph (1) does not prohibit the board from making
additional requests for information in a timely manner. A
jurisdiction receiving a request for information shall respond in a
timely manner.
(3) If the schedule for the submission of an annual report by a
jurisdiction does not correspond with the scheduled review by the
board specified in subdivision (a) of Section 41825, the board shall
utilize the information contained in the annual report to assist the
board in providing technical assistance and reviewing the
jurisdiction's diversion program implementation.
(f) The board shall adopt procedures for conferring with a
jurisdiction regarding the implementation of its diversion programs.
(g) Notwithstanding the Uniform Electronic Transactions Act (
Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3
of the Civil Code), a jurisdiction shall submit the progress report
required by this section to the board electronically, using the board'
s electronic reporting format system.
(h) Notwithstanding the reporting schedule required by this
section, and in addition to the review required by Section 41825, the
board shall visit each jurisdiction not less than once each year to
monitor the jurisdiction's implementation and maintenance of its
diversion programs.
41821.1. (a) Each year following the board's approval of a county
or regional agency's siting element and summary plan, the county or
regional agency shall submit a report to the board summarizing the
adequacy of the siting element and summary plan. The report on the
siting element shall discuss any changes in disposal capacity,
disposal facilities, or any other relevant issues. The annual report
shall be due on or before August 1 of the year following board
approval of a county or regional agency's siting element and summary
plan, and on or before August 1 in each subsequent year. The
information in this report shall encompass the previous calendar
year, January 1 to December 31, inclusive.
(b) The board shall adopt procedures that may authorize a
jurisdiction to submit an abbreviated version of the report required
pursuant to this section, if the board determines that the
jurisdiction has met or exceeded the requirements of paragraph (2) of
subdivision (a) of Section 41780 for the previous two years, and if
the board determines that the jurisdiction has otherwise complied
with this division for the previous five years.
41821.2. (a) For the purposes of this section, "district" means a
community services district, public utility district, or sanitary
district that provides solid waste handling services or implements
source reduction and recycling programs.
(b) Notwithstanding any other law, each district shall do all of
the following:
(1) Comply with the source reduction and recycling element and the
household hazardous waste element of the city, county, or regional
agency in which the district is located, as required by the city,
county, or regional agency. The city, county, or regional agency
shall notify a district of any program that it is implementing or
modifying when it annually submits a report to the board pursuant to
Section 41821.
(2) Provide each city, county, or regional agency in which it is
located, information on the programs implemented by the district, the
amount of waste disposed and reported to the disposal tracking
system pursuant to Section 41821.5 for each city, county, or regional
agency, and the amount of waste diverted by the district for each
city, county, or regional agency.
(c) The board may adopt regulations pertaining to the format of
the information to be provided pursuant to paragraph (2) of
subdivision (b) and deadlines for supplying this information to the
city, county, or regional agency, so that it may be incorporated into
the annual report submitted to the board pursuant to Section 41821.
(d) A district is subject to the portion of a penalty imposed,
pursuant to Section 41850, upon a city, county, or regional agency in
which the district is located, that is in proportion to the district'
s responsibility for failure to implement that jurisdiction's source
reduction and recycling element and household hazardous waste
element, as determined by that city, county, or regional agency. The
board shall not determine the proportion of a district's
responsibility as part of its determination to impose penalties. The
city, county, or regional agency shall provide the district with a
written notice regarding the district's responsibility, including the
basis for determining the district's proportional responsibility,
and an opportunity for hearing before the city, county, or regional
agency's governing body, before assessing the district a proportion
of the penalty imposed by the board.
(e) A district may impose a fee in an amount sufficient to pay for
the costs of complying with this section. The fees shall be assessed
and collected in the same manner as the fees imposed pursuant to
Sections 41901 and 41902.
41821.3. (a) For the purposes of this section the following
definitions shall apply:
(1) "Inert waste" means only rock, concrete, brick, sand, soil,
ceramics, and cured asphalt. "Inert waste" does not include any waste
that meets the definition of "designated waste," as defined in
Section 13173 of the Water Code, or "hazardous waste" as defined in
Section 40141.
(2) "Inert waste removed from the solid waste stream and not
disposed of in a solid waste landfill" means the use or placement of
inert waste on property where surface mining operations, as defined
in Section 2735, are being conducted, or have been conducted
previously, if the use or placement is for purposes of reclamation,
as defined in Section 2733, pursuant to either of the following:
(A) A reclamation plan approved under Section 2774.
(B) For surface mining operations conducted prior to January 1,
1976, an agreement with a city or county, or a permit issued by a
city or county, that provides for a fill appropriately engineered for
the planned future use of the reclaimed mine site.
(3) "Jurisdiction" means a city, county, or regional agency.
(b) A jurisdiction shall deduct, from the amount of disposed waste
that is required to be included in the annual report submitted to
the board pursuant to subdivision (b) of Section 41821, inert waste
removed from the solid waste stream and not disposed of in a solid
waste landfill, as defined in paragraph (2) of subdivision (a). A
jurisdiction shall deduct this inert waste only in accordance with
the procedures specified in subdivisions (c) to (e), inclusive,
commencing with the report submitted by the jurisdiction to the board
for the year 2001.
(c) (1) A jurisdiction shall deduct inert waste pursuant to
subdivision (b) from its reported disposal tonnage for the year 2001,
and shall identify, in the jurisdiction's annual report, that the
deduction is being made pursuant to this section and the exact amount
of the deduction.
(2) The board shall verify that the deduction made pursuant to
paragraph (1) is consistent with the requirements of this section and
the amount deducted is consistent with the amount reported through
the board's disposal reporting system. The board shall approve the
deduction made by the jurisdiction upon making this verification.
(3) If the board finds that the amount deducted pursuant to
paragraph (1) does not meet the requirements of this section, or if
the amount deducted is not consistent with the amount reported
through the board's disposal reporting system, the board shall notify
the jurisdiction of its preliminary determination and confer with
representatives of the jurisdiction to reach an agreement regarding
the amount of the deduction. If the jurisdiction agrees upon the
amount of the deduction, the board shall approve the deduction as
modified. If the board and the jurisdiction are unable to reach
agreement upon the amount of the deduction, the jurisdiction may
request a hearing before the board to obtain a final determination.
(d) (1) A jurisdiction shall deduct tonnage from its base-year
disposal in an amount equal to the amount deducted from the
jurisdiction's 2001 disposal tonnage pursuant to this section. The
jurisdiction shall not deduct an amount from its base-year disposal
tonnage that is greater than the amount of disposed inert waste that
was included in its most recent board-approved revised base-year
approved by the board.
(2) The board shall verify that the base-year deduction made
pursuant to paragraph (1) is consistent with the requirements of this
section. The board shall approve the revised base-year disposal
tonnage upon making this verification.
(3) If the board finds that the base-year deduction requested
pursuant to paragraph (1) is not consistent with the requirements of
this section, the board shall notify the jurisdiction of its
preliminary determination and confer with representatives of the
jurisdiction in order to reach agreement regarding the amount of the
deduction. If the jurisdiction agrees upon the amount of the
deduction, the board shall approve the revised base-year disposal
tonnage accordingly. If the board and the jurisdiction are unable to
reach agreement upon the amount of the deduction, the jurisdiction
may request a hearing before the board to obtain a final
determination.
(e) (1) A jurisdiction shall deduct all inert waste from its
reported disposal tonnage in all of its annual reports for all
subsequent years. The board shall verify this deduction pursuant to
paragraphs (2) and (3) of subdivision (c).
(2) If the board approves the jurisdiction's revised base-year
disposal tonnage pursuant to subdivision (d), the revised base year
disposal tonnage shall not be subsequently revised for inert waste
under this section.
(f) This section does not limit the authority of the board to
require any facility that uses or places inert material on property
where surface mining operations are being conducted, or have been
conducted previously, to report to the board on the quantities of
inert material used or placed on the property for the purpose of
reclamation.
(g) It is the intent of the Legislature that a city, county, or
regional agency not be required to revise its source reduction and
recycling element to comply with this section unless the city,
county, or regional agency elects to implement this section as
authorized by this section.
(h) This section shall become inoperative on the operative date of
any regulation adopted by the board relating to "inert waste removed
from the solid waste stream and not disposed of in a solid waste
landfill," as defined in paragraph (2) of subdivision (a), if that
regulation includes procedures to facilitate the counting of the
inert waste for purposes of the disposal reporting system established
under Section 41821.5 when that inert waste is placed in a mine
reclamation facility as fill material, and, as of January 1
immediately following that operative date, is repealed, unless a
later enacted statute that is enacted before that January 1 deletes
or extends the dates on which it becomes inoperative and is repealed.
41821.5. (a) Disposal facility operators shall submit to counties
information from periodic tracking surveys on the disposal tonnages
by jurisdiction or region of origin that are disposed of at each
disposal facility. To enable disposal facility operators to provide
that information, solid waste handlers and transfer station operators
shall provide information to disposal facility operators on the
origin of the solid waste that they deliver to the disposal facility.
(b) Recycling and composting facilities shall submit periodic
information to counties on the types and quantities of materials that
are disposed of, sold to end users, or that are sold to exporters or
transporters for sale outside of the state, by county of origin.
When materials are sold or transferred by one recycling or composting
facility to another, for other than an end use of the material or
for export, the seller or transferror of the material shall inform
the buyer or transferee of the county of origin of the materials. The
reporting requirements of this subdivision do not apply to entities
that sell the byproducts of a manufacturing process.
(c) Each county shall submit periodic reports to the cities within
the county, to any regional agency of which it is a member agency,
and to the board, on the amounts of solid waste disposed by
jurisdiction or region of origin, as specified in subdivision (a),
and on the categories and amounts of solid waste diverted to
recycling and composting facilities within the county or region, as
specified in subdivision (b).
(d) The board may adopt regulations pursuant to this section
requiring practices and procedures that are reasonable and necessary
to perform the periodic tracking surveys required by this section,
and that provide a representative accounting of solid wastes that are
handled, processed, or disposed. Those regulations or periodic
tracking surveys approved by the board shall not impose an
unreasonable burden on waste handling, processing, or disposal
operations or otherwise interfere with the safe handling, processing,
and disposal of solid waste.
(e) On or before January 1, 2002, the board shall submit a report
to the Legislature that evaluates the implementation of this section.
The report shall include, but not be limited to, all of the
following:
(1) An evaluation of the accuracy of the disposal reporting system
under differing circumstances.
(2) The status of implementation of the disposal reporting system
at the local level by waste haulers, landfills, transfer station and
material recovery operators, and local agencies.
(3) The need for modification of the disposal reporting system to
improve accuracy.
(4) Recommendations for regulatory and statutory changes needed to
address deficiencies in the disposal reporting system.
(5) Recommendations to improve implementation and to streamline
the reporting system, including ways to assist agencies to meet the
reporting and tracking requirements.
(f) The board shall convene a working group composed of
representatives of stakeholder groups, including, but not limited to,
cities, counties, regional agencies, the solid waste industry,
recyclers, and environmental organizations, to assist the board in
preparing the report required pursuant to subdivision (e).
41821.6. To assist market development efforts by the board, local
agencies, and the private sector, the board shall use existing data
resources collected from recycling, composting, and disposal
facilities, or from other sources, to provide periodic information on
the recovery and availability of recycled materials.
41822. Each city, county, or regional agency shall review its
source reduction and recycling element or the countywide integrated
waste management plan at least once every five years to correct any
deficiencies in the element or plan, to comply with the source
reduction and recycling requirements established under Section 41780,
and to revise the documents, as necessary, to comply with this part.
Any revision made to an element or plan pursuant to this section
shall be submitted to the board for review and approval or
disapproval pursuant to the schedule established under this chapter.
41820.5. (a) In addition to its authority under Section 41820, the
board may, after a public hearing, grant a time extension from the
diversion requirements of Section 41780 to a city if both of the
following conditions exist:
(1) The city was incorporated pursuant to Division 3 (commencing
with Section 56000) of Title 5 of the Government Code after January
1, 1990, and before January 1, 2001.
(2) The county within which the city is located did not include
provisions in its franchises that ensured that the now incorporated
area would comply with the diversion requirements of Section 41780.
(b) The board may authorize a city that meets the requirements of
subdivision (a) to submit a source reduction and recycling element
that includes an implementation schedule that shows both of the
following:
(1) The city shall divert 25 percent of its estimated generation
amount of solid waste from landfill or transformation facilities
within three years from the date on which the source reduction and
recycling element is due pursuant to subdivision (b) of Section
41791.5, through source reduction, recycling, and composting
activities.
(2) The city shall divert 50 percent of its estimated generation
amount of solid waste from landfill or transformation facilities
within eight years from the date on which the source reduction and
recycling element is due pursuant to subdivision (b) of Section
41791.5, through source reduction, recycling, and composting
activities.
41820.6. (a) In addition to its authority under Section 41820, the
board may, after a public hearing, grant a time extension from the
requirements of Section 41780 to a city if both of the following
conditions exist:
(1) The city was incorporated pursuant to Division 3 (commencing
with Section 56000) of Title 5 of the Government Code on or after
January 1, 2001.
(2) The county within which the city is located did not include
provisions in its franchises that ensured that the now incorporated
area would comply with the requirements of Section 41780.
(b) The board may authorize a city that meets the requirements of
subdivision (a) to submit a source reduction and recycling element
that includes an implementation schedule that shows that the city
shall comply with the requirements of Section 41780, within three
years from the date on which the source reduction and recycling
element is due pursuant to subdivision (b) of Section 41791.5,
through source reduction, recycling, and composting activities.
41821. (a) (1) Each year following the board's approval of a
jurisdiction's source reduction and recycling element, household
hazardous waste element, and nondisposal facility element, the
jurisdiction shall submit a report to the board summarizing its
progress in reducing solid waste as required by Section 41780, in
accordance with the schedule set forth in this subdivision.
(2) The annual report shall be due on or before August 1 of the
year following board approval of the source reduction and recycling
element, the household hazardous waste element, and the nondisposal
facility element, and on or before August 1 in each subsequent year.
The information in this report shall encompass the previous calendar
year, January 1 to December 31, inclusive.
(b) Each jurisdiction's annual report to the board shall, at a
minimum, include the following:
(1) Calculations of annual disposal reduction.
(2) A summary of progress made in implementing the source
reduction and recycling element and the household hazardous waste
element.
(3) An update of the jurisdiction's source reduction and recycling
element and household hazardous waste element to include any new or
expanded programs the jurisdiction has implemented or plans to
implement.
(4) An update of the jurisdiction's nondisposal facility element
to reflect any new or expanded nondisposal facilities the
jurisdiction is using or planning to use.
(5) A summary of progress made in diversion of construction and
demolition of waste material, including information on programs and
ordinances implemented by the local government and quantitative data,
where available.
(6) Other information relevant to compliance with Section 41780.
(c) A jurisdiction may also include, in the report required by
this section, all of the following:
(1) Information on disposal reported pursuant to Section 41821.5
that the jurisdiction believes may be relevant to the board's
determination of the jurisdiction's per capita disposal rate.
(2) Disposal characterization studies or other completed studies
that show the effectiveness of the programs being implemented.
(3) Factors that the jurisdiction believes would affect the
accuracy of, or mitigate the amount of, solid waste disposed by the
jurisdiction, including, but not limited to, either of the following:
(A) Whether the jurisdiction hosts a solid waste facility or
regional diversion facility.
(B) The effects of self-hauled waste and construction and
demolition waste.
(4) The extent to which the jurisdiction previously relied on
biomass diversion credit and the extent to which it may be impacted
by the lack of the credit.
(5) Information regarding the programs the jurisdiction is
undertaking to address specific disposal challenges, and why it is
not feasible to implement programs to respond to other factors that
affect the amount of waste that is disposed.
(6) Other information that describes the good faith efforts of
the jurisdiction to comply with Section 41780.
(d) The board shall use, but is not limited to the use of, the
annual report in the determination of whether the jurisdiction's
source reduction and recycling element needs to be revised or
updated.
(e) (1) The board shall adopt procedures for requiring additional
information in a jurisdiction's annual report. The procedures shall
require the board to notify a jurisdiction of any additional required
information no later than 120 days after the board receives the
report from the jurisdiction.
(2) Paragraph (1) does not prohibit the board from making
additional requests for information in a timely manner. A
jurisdiction receiving a request for information shall respond in a
timely manner.
(3) If the schedule for the submission of an annual report by a
jurisdiction does not correspond with the scheduled review by the
board specified in subdivision (a) of Section 41825, the board shall
utilize the information contained in the annual report to assist the
board in providing technical assistance and reviewing the
jurisdiction's diversion program implementation.
(f) The board shall adopt procedures for conferring with a
jurisdiction regarding the implementation of its diversion programs.
(g) Notwithstanding the Uniform Electronic Transactions Act (
Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3
of the Civil Code), a jurisdiction shall submit the progress report
required by this section to the board electronically, using the board'
s electronic reporting format system.
(h) Notwithstanding the reporting schedule required by this
section, and in addition to the review required by Section 41825, the
board shall visit each jurisdiction not less than once each year to
monitor the jurisdiction's implementation and maintenance of its
diversion programs.
41821.1. (a) Each year following the board's approval of a county
or regional agency's siting element and summary plan, the county or
regional agency shall submit a report to the board summarizing the
adequacy of the siting element and summary plan. The report on the
siting element shall discuss any changes in disposal capacity,
disposal facilities, or any other relevant issues. The annual report
shall be due on or before August 1 of the year following board
approval of a county or regional agency's siting element and summary
plan, and on or before August 1 in each subsequent year. The
information in this report shall encompass the previous calendar
year, January 1 to December 31, inclusive.
(b) The board shall adopt procedures that may authorize a
jurisdiction to submit an abbreviated version of the report required
pursuant to this section, if the board determines that the
jurisdiction has met or exceeded the requirements of paragraph (2) of
subdivision (a) of Section 41780 for the previous two years, and if
the board determines that the jurisdiction has otherwise complied
with this division for the previous five years.
41821.2. (a) For the purposes of this section, "district" means a
community services district, public utility district, or sanitary
district that provides solid waste handling services or implements
source reduction and recycling programs.
(b) Notwithstanding any other law, each district shall do all of
the following:
(1) Comply with the source reduction and recycling element and the
household hazardous waste element of the city, county, or regional
agency in which the district is located, as required by the city,
county, or regional agency. The city, county, or regional agency
shall notify a district of any program that it is implementing or
modifying when it annually submits a report to the board pursuant to
Section 41821.
(2) Provide each city, county, or regional agency in which it is
located, information on the programs implemented by the district, the
amount of waste disposed and reported to the disposal tracking
system pursuant to Section 41821.5 for each city, county, or regional
agency, and the amount of waste diverted by the district for each
city, county, or regional agency.
(c) The board may adopt regulations pertaining to the format of
the information to be provided pursuant to paragraph (2) of
subdivision (b) and deadlines for supplying this information to the
city, county, or regional agency, so that it may be incorporated into
the annual report submitted to the board pursuant to Section 41821.
(d) A district is subject to the portion of a penalty imposed,
pursuant to Section 41850, upon a city, county, or regional agency in
which the district is located, that is in proportion to the district'
s responsibility for failure to implement that jurisdiction's source
reduction and recycling element and household hazardous waste
element, as determined by that city, county, or regional agency. The
board shall not determine the proportion of a district's
responsibility as part of its determination to impose penalties. The
city, county, or regional agency shall provide the district with a
written notice regarding the district's responsibility, including the
basis for determining the district's proportional responsibility,
and an opportunity for hearing before the city, county, or regional
agency's governing body, before assessing the district a proportion
of the penalty imposed by the board.
(e) A district may impose a fee in an amount sufficient to pay for
the costs of complying with this section. The fees shall be assessed
and collected in the same manner as the fees imposed pursuant to
Sections 41901 and 41902.
41821.3. (a) For the purposes of this section the following
definitions shall apply:
(1) "Inert waste" means only rock, concrete, brick, sand, soil,
ceramics, and cured asphalt. "Inert waste" does not include any waste
that meets the definition of "designated waste," as defined in
Section 13173 of the Water Code, or "hazardous waste" as defined in
Section 40141.
(2) "Inert waste removed from the solid waste stream and not
disposed of in a solid waste landfill" means the use or placement of
inert waste on property where surface mining operations, as defined
in Section 2735, are being conducted, or have been conducted
previously, if the use or placement is for purposes of reclamation,
as defined in Section 2733, pursuant to either of the following:
(A) A reclamation plan approved under Section 2774.
(B) For surface mining operations conducted prior to January 1,
1976, an agreement with a city or county, or a permit issued by a
city or county, that provides for a fill appropriately engineered for
the planned future use of the reclaimed mine site.
(3) "Jurisdiction" means a city, county, or regional agency.
(b) A jurisdiction shall deduct, from the amount of disposed waste
that is required to be included in the annual report submitted to
the board pursuant to subdivision (b) of Section 41821, inert waste
removed from the solid waste stream and not disposed of in a solid
waste landfill, as defined in paragraph (2) of subdivision (a). A
jurisdiction shall deduct this inert waste only in accordance with
the procedures specified in subdivisions (c) to (e), inclusive,
commencing with the report submitted by the jurisdiction to the board
for the year 2001.
(c) (1) A jurisdiction shall deduct inert waste pursuant to
subdivision (b) from its reported disposal tonnage for the year 2001,
and shall identify, in the jurisdiction's annual report, that the
deduction is being made pursuant to this section and the exact amount
of the deduction.
(2) The board shall verify that the deduction made pursuant to
paragraph (1) is consistent with the requirements of this section and
the amount deducted is consistent with the amount reported through
the board's disposal reporting system. The board shall approve the
deduction made by the jurisdiction upon making this verification.
(3) If the board finds that the amount deducted pursuant to
paragraph (1) does not meet the requirements of this section, or if
the amount deducted is not consistent with the amount reported
through the board's disposal reporting system, the board shall notify
the jurisdiction of its preliminary determination and confer with
representatives of the jurisdiction to reach an agreement regarding
the amount of the deduction. If the jurisdiction agrees upon the
amount of the deduction, the board shall approve the deduction as
modified. If the board and the jurisdiction are unable to reach
agreement upon the amount of the deduction, the jurisdiction may
request a hearing before the board to obtain a final determination.
(d) (1) A jurisdiction shall deduct tonnage from its base-year
disposal in an amount equal to the amount deducted from the
jurisdiction's 2001 disposal tonnage pursuant to this section. The
jurisdiction shall not deduct an amount from its base-year disposal
tonnage that is greater than the amount of disposed inert waste that
was included in its most recent board-approved revised base-year
approved by the board.
(2) The board shall verify that the base-year deduction made
pursuant to paragraph (1) is consistent with the requirements of this
section. The board shall approve the revised base-year disposal
tonnage upon making this verification.
(3) If the board finds that the base-year deduction requested
pursuant to paragraph (1) is not consistent with the requirements of
this section, the board shall notify the jurisdiction of its
preliminary determination and confer with representatives of the
jurisdiction in order to reach agreement regarding the amount of the
deduction. If the jurisdiction agrees upon the amount of the
deduction, the board shall approve the revised base-year disposal
tonnage accordingly. If the board and the jurisdiction are unable to
reach agreement upon the amount of the deduction, the jurisdiction
may request a hearing before the board to obtain a final
determination.
(e) (1) A jurisdiction shall deduct all inert waste from its
reported disposal tonnage in all of its annual reports for all
subsequent years. The board shall verify this deduction pursuant to
paragraphs (2) and (3) of subdivision (c).
(2) If the board approves the jurisdiction's revised base-year
disposal tonnage pursuant to subdivision (d), the revised base year
disposal tonnage shall not be subsequently revised for inert waste
under this section.
(f) This section does not limit the authority of the board to
require any facility that uses or places inert material on property
where surface mining operations are being conducted, or have been
conducted previously, to report to the board on the quantities of
inert material used or placed on the property for the purpose of
reclamation.
(g) It is the intent of the Legislature that a city, county, or
regional agency not be required to revise its source reduction and
recycling element to comply with this section unless the city,
county, or regional agency elects to implement this section as
authorized by this section.
(h) This section shall become inoperative on the operative date of
any regulation adopted by the board relating to "inert waste removed
from the solid waste stream and not disposed of in a solid waste
landfill," as defined in paragraph (2) of subdivision (a), if that
regulation includes procedures to facilitate the counting of the
inert waste for purposes of the disposal reporting system established
under Section 41821.5 when that inert waste is placed in a mine
reclamation facility as fill material, and, as of January 1
immediately following that operative date, is repealed, unless a
later enacted statute that is enacted before that January 1 deletes
or extends the dates on which it becomes inoperative and is repealed.
41821.5. (a) Disposal facility operators shall submit to counties
information from periodic tracking surveys on the disposal tonnages
by jurisdiction or region of origin that are disposed of at each
disposal facility. To enable disposal facility operators to provide
that information, solid waste handlers and transfer station operators
shall provide information to disposal facility operators on the
origin of the solid waste that they deliver to the disposal facility.
(b) Recycling and composting facilities shall submit periodic
information to counties on the types and quantities of materials that
are disposed of, sold to end users, or that are sold to exporters or
transporters for sale outside of the state, by county of origin.
When materials are sold or transferred by one recycling or composting
facility to another, for other than an end use of the material or
for export, the seller or transferror of the material shall inform
the buyer or transferee of the county of origin of the materials. The
reporting requirements of this subdivision do not apply to entities
that sell the byproducts of a manufacturing process.
(c) Each county shall submit periodic reports to the cities within
the county, to any regional agency of which it is a member agency,
and to the board, on the amounts of solid waste disposed by
jurisdiction or region of origin, as specified in subdivision (a),
and on the categories and amounts of solid waste diverted to
recycling and composting facilities within the county or region, as
specified in subdivision (b).
(d) The board may adopt regulations pursuant to this section
requiring practices and procedures that are reasonable and necessary
to perform the periodic tracking surveys required by this section,
and that provide a representative accounting of solid wastes that are
handled, processed, or disposed. Those regulations or periodic
tracking surveys approved by the board shall not impose an
unreasonable burden on waste handling, processing, or disposal
operations or otherwise interfere with the safe handling, processing,
and disposal of solid waste.
(e) On or before January 1, 2002, the board shall submit a report
to the Legislature that evaluates the implementation of this section.
The report shall include, but not be limited to, all of the
following:
(1) An evaluation of the accuracy of the disposal reporting system
under differing circumstances.
(2) The status of implementation of the disposal reporting system
at the local level by waste haulers, landfills, transfer station and
material recovery operators, and local agencies.
(3) The need for modification of the disposal reporting system to
improve accuracy.
(4) Recommendations for regulatory and statutory changes needed to
address deficiencies in the disposal reporting system.
(5) Recommendations to improve implementation and to streamline
the reporting system, including ways to assist agencies to meet the
reporting and tracking requirements.
(f) The board shall convene a working group composed of
representatives of stakeholder groups, including, but not limited to,
cities, counties, regional agencies, the solid waste industry,
recyclers, and environmental organizations, to assist the board in
preparing the report required pursuant to subdivision (e).
41821.6. To assist market development efforts by the board, local
agencies, and the private sector, the board shall use existing data
resources collected from recycling, composting, and disposal
facilities, or from other sources, to provide periodic information on
the recovery and availability of recycled materials.
41822. Each city, county, or regional agency shall review its
source reduction and recycling element or the countywide integrated
waste management plan at least once every five years to correct any
deficiencies in the element or plan, to comply with the source
reduction and recycling requirements established under Section 41780,
and to revise the documents, as necessary, to comply with this part.
Any revision made to an element or plan pursuant to this section
shall be submitted to the board for review and approval or
disapproval pursuant to the schedule established under this chapter.
