CIWMP Enforcement Part II: Failure to Implement

Background

On November 17, 1993, the California Integrated Waste Management Board (CIWMB), now CalRecycle, approved Part I of the staff analysis, CIWMP enforcement policy. Part I, entitled "Adequacy of CIWMP and Elements," outlines the procedures CalRecycle staff will use to determine the adequacy of countywide integrated waste management plans (CIWMPs), source reduction and recycling elements (SRREs), household hazardous waste elements (HHWEs), nondisposal facility elements (NDFEs), and siting elements (CSEs).

On August 14, 2001, CIWMB approved the revision to its previously approved Part II of the CIWMP enforcement policy. CalRecycle uses this Part II policy to determine, for each jurisdiction, whether the SRREs and HHWEs have been implemented. Electronic Annual Reports (EARs) submitted by the jurisdictions will be used, in combination with CalRecycle’s biennial review and other information, to determine implementation. This policy recommends criteria CalRecycle will use during the biennial review to determine whether local jurisdictions' SRREs and HHWEs have been implemented, mechanisms CalRecycle and local jurisdictions will use to achieve compliance with implementation mandates, and the structure of penalties that may be imposed on jurisdictions failing to implement their SRREs and HHWEs.

On July 14, 2010, CalRecycle approved revisions to Part II of the Countywide Integrated Waste Management Plan (CIWMP) enforcement policy. This policy was updated on June 30, 2010, to reflect the passage and implementation of Senate Bill 1016 (Chapter 343, Statutes of 2008), which changed the measurement system from one based on estimated generation and diversion to one based on actual per-capita disposal.

What is implementation?

Implementation, for the purposes of this policy, includes executing the programs as described in the SRRE and HHWE, and achieving the diversion requirements. Criteria for SRRE and HHWE implementation are outlined separately.

CalRecycle staff will refer to the various components of the SRRE and HHWE, information from a jurisdiction’s EAR, the jurisdiction review cycle, and other sources to determine how fully a jurisdiction has implemented its SRRE and HHWE.

 

As approved by CalRecycle on August 18, 2010.