2004 Annual Report: Waste Diversion

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• Local Agency Progress Towards 50 Percent Diversion
• State Agency Diversion
• Disposal Reporting System
• Rulemaking

Local Agency Progress Towards 50 Percent Diversion

California’s statewide diversion rate—nearly 50 percent—is a tribute to the Board’s strategic targeting of organics and construction and demolition materials in the waste stream. The commitment of local governments, businesses, State agencies, school districts, and residents to waste reduction and recycling has also assisted the Board in reaching this goal.

The Integrated Waste Management Act of 1989 set the 50 percent goal for individual jurisdictions.

Another factor contributing to the statewide diversion rate was the Board-approved new base year diversion data of many jurisdictions. This reflected numerous new diversion programs and improved quantification of diversion activities.

Through the end of 2004, the Board had approved 191 new base years for jurisdictions, and approximately 20 more are scheduled for consideration by the Board in 2004. The new base years demonstrate an overall commitment of Californians to divert waste from landfills. Staff continues to provide assistance to jurisdictions in developing new base year and waste generation data for approval/adoption by the Board.

While more than 60 percent of California jurisdictions met the requirements of the Integrated Waste Management Act in 2000, many more are progressing towards the 50 percent diversion level. For those jurisdictions that have not yet met the 50 percent diversion requirement, Public Resources Code sections 41820 and 41785 allow jurisdictions to request a time extension or alternative diversion requirement in meeting the mandated diversion requirement. By the end of 2004, the Board had approved 173 applications for time extensions and alternative diversion requirements.

During their extension period, these jurisdictions are focusing on implementing new or expanding existing diversion programs, such as construction and demolition diversion programs, curbside recycling programs, business diversion programs, and public education and outreach efforts.

Every city and county must report to the Board on its waste diversion activities during the previous calendar year. These reports include information about waste diversion programs implemented and discontinued as well as a jurisdiction’s annual diversion rate. The new Electronic Annual Reporting (EAR) system began in 2001, and the system is now widely used by local jurisdictions. Almost 99 percent of all 445 jurisdictions in the state have filed their reports electronically. In 2004, the Board responded to user feedback and made improvements to the EAR system.

The 2003 annual reports from jurisdictions due on August 1, 2004, were temporarily postponed. This was due to delays in the release of complete 2003 taxable sales data from the State Board of Equalization (BOE) and complete 2003 industry employment data from the State Employment Development Department (EDD). After the data used in the diversion rate calculation was released, the Board made the complete EAR available with a due date of March 1, 2005, for jurisdiction report submittal.

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State Agency Diversion

Public Resources Code section 42921 requires State agencies to achieve 25 percent waste diversion by January 1, 2002, and 50 percent diversion on and after January 1, 2004. In 2004, Board staff analyzed the 2003 annual reports. These reports represented approximately 99 percent of the 409 agencies and facilities required to report. Findings from the analyses included the statewide reported generation of approximately 1,075,205 tons of waste from State government offices and facilities. Of this number, 77 percent—828,138 tons—was recycled or diverted from disposal. Additional information regarding State agency and facility recycling is available on the State Organization and Agency Recycling Database (SOARD) website.

Through last year’s analysis, the Board identified four State agencies and facilities that did not turn in the mandated annual report. Board staff is working with these agencies and facilities to obtain an accurate annual report for 2004 to determine overall compliance with the 50 percent diversion mandate. If necessary the Board will hold a public hearing in the spring of 2005 to address any noncompliance with the statute.
State agency reports detailing progress in the 2004 reporting year are due to the Board on April 1, 2005. As part of the report review, staff will visit sites reporting less than 50 percent diversion. This verification process will help determine if the reporting agency took all the appropriate steps in determining their diversion rate. The visits will also help identify program areas with potential for increased waste diversion to achieve the diversion mandate of 50 percent. Staff may also conduct field visits at agencies and facilities that report extremely high diversion. These visits will allow staff the opportunity to learn from successful programs.

Program staff continued to conduct focused workshops throughout 2004. These successful workshops were designed to assist State agencies and facilities with their annual reporting requirements and show them how to maintain records in the event of future audits.

Throughout 2004 the Board continued to develop, implement, and monitor master contracts that assist both large and small State agencies and offices in recycling office paper, steel, and other materials. Master contracts are incentives that provide an expedient way for State agencies to participate in the state’s overall recycling and waste diversion efforts.

Disposal Reporting System

During 2004 the Board continued work described in its November 2001 report to the Legislature on improving the disposal reporting system. In a continued effort to increase the accuracy of disposal reporting, Board staff conducted about 365 unannounced site visits at landfills and transfer stations throughout the state. One purpose of these visits was to determine whether waste origin information was being collected as required by regulation (14 CCR, sections 18805-18810), and to observe how the surveys were being conducted.

The regulations specify that all permitted solid waste facilities must conduct quarterly surveys. These surveys determine the jurisdiction of origin for each vehicle load (including self-hauled waste) delivered to a facility during the required survey weeks. All facilities visited received a letter reporting the compliance of their facility.

For landfills not in compliance, the Board requested a detailed explanation in writing of how they determined the origin of waste disposed at their facilities. The Board conducted follow-up visits at non-complying facilities. Staff reported the findings to the county and the affected jurisdictions if a facility consistently failed to accurately report the sources of the waste received.

Rulemaking

Board staff revised the proposed draft disposal reporting system and adjustment method regulations based on comments received during the informal review process. In September 2004 the Board started formal regulations development and review to revise the disposal reporting system. This included revising the adjustment method to improve diversion rate accuracy. The Board directed staff to extend the comment period on the proposed draft regulations to early 2005.

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