California Department of Resources Recycling and Recovery (CalRecycle) 

Regulations: Title 14, Natural Resources--Division 7

Chapter 9. Planning Guidelines and Procedures for Preparing and Revising Countywide and Regional Agency Integrated Waste Management Plans

Article 7.0. Procedures for Preparing and Revising City, Regional Agency and County Source Reduction and Recycling Elements, and Household Hazardous Waste Elements and Nondisposal Facility Elements

Section 18760. Applicability.

(a) The procedures for preparing Source Reduction and Recycling Elements (SRREs), Household Hazardous Waste Elements (HHWEs) and Nondisposal Facility Elements (NDFEs) apply to the counties, cities, joint power authorities, regional agencies, special districts, or other agencies which are designated by the cities or counties, and are responsible for preparing these Elements.

(1) Cities, counties and cities which are also counties may enter into agreements to prepare and implement the SRREs, HHWEs and NDFEs which are specific to each jurisdiction.

(2) A city, county or a city and county shall be held accountable for implementation of the specified goals and programs of its SRRE and HHWE.

(b) For the purposes of this article, a jurisdiction is a city, county, city and county or regional agency.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Sections 40002, 40950, 40971 through 40975, 41000, 41300, 41500, 41510, 41730, 41731, 41813, 41850 and 41823, Public Resources Code.


Section 18761. Local Task Force (LTF).

(a) Establishment. Each county board of supervisors and a majority of the cities within the county which contain a majority of the population in the county, shall submit written documentation to the Board approving the membership of their LTF, within 30 days after establishment of the LTF.

(1) The documentation submitted to the Board shall denote the identity of the members in the LTF, and whether the members represent the governmental or the private sectors, or other entities or groups. The documentation shall define the terms of membership for each member.

(2) The terms of membership shall be determined by the county board of supervisors and a majority of the cities within the county which contain a majority of the population in the county.

(3) After its establishment, each LTF shall inform the Board of how frequently it intends to meet.

(b) Role of the LTF. The LTF shall advise jurisdictions responsible for the SRRE, HHWE and NDFE preparation, and review goals, policies and procedures for jurisdictions, which, upon implementation, will aid in meeting the solid waste management needs of the county, as well as the mandated source reduction and recycling requirements of Public Resources Code section 41780.

(1) The LTF shall assist and advise in the review of the SRRE, HHWE and NDFE, and shall assist jurisdictions in the implementation of the SRRE, HHWE and NDFE.

(2) The LTF shall provide technical guidance and information regarding source reduction, waste diversion and recycling to local jurisdictions during preparation and revision of the SRRE, HHWE and NDFE. Such information may be presented to the general public at public hearings and upon request by members of local government and community organizations.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Sections 40001, 40950, 41000, 41300, 41500, 41510, 41730 and 41731, Public Resources Code.


Section 18762. SRRE, HHWE, and NDFE Preparation.

(a) A jurisdiction shall prepare the SRRE, HHWE and NDFE pursuant to Articles 6.1, 6.2, 6.3 and 6.4 of this Chapter, as applicable.

(1) Except as provided by Public Resources Code section 41735 (a), a jurisdiction shall comply with the California Environmental Quality Act (CEQA) pursuant to Public Resources Code section 21000 et seq.

(b) A jurisdiction shall submit written documentation to the Board of its designation of an agency responsible for preparation of the SRRE, HHWE and NDFE within 30 days of said designation.

(c) A jurisdiction, in coordination with the LTF, shall prepare and adopt the SRRE, HHWE and NDFE, by the dates specified in Public Resources Code sections 41000, 41300 and 41791, as applicable.

(d) For the purposes of this article, after a jurisdiction prepares its NDFE, the NDFE shall be appended to the SRRE by the jurisdiction at the time the SRRE is submitted to the Board. At the time of the five year revision of the SRRE, the NDFE may be incorporated into the SRRE.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Sections 21083, 40900, 40950, 41000, 41003, 41300, 41303, 41500, 41510, 41730, 41731, 41732, 41733, 41734, 41735, 41736, 41750, 41780 and 41791, Public Resources Code.


Section 18763. Circulation of the Preliminary Draft SRRE and HHWE for Review.

(a) A jurisdiction shall prepare a preliminary draft of its SRRE and HHWE.

(b) If the jurisdiction is a city, the preliminary draft SRRE and HHWE shall be sent to adjoining cities, the county or regional agency responsible for the Countywide Integrated Waste Management Plan (CIWMP) or Regional Agency Integrated Waste Management Plan (RAIWMP) preparation, and the LTF.

(c) If the jurisdiction is a county, the preliminary draft SRRE and HHWE shall be sent to adjoining cities and the LTF.

(d) If the jurisdiction is a regional agency then the following applies:

(1) If the regional agency is composed of a single county but does not include all of the cities within the county the preliminary draft SRRE and HHWE shall be sent to adjoining cities, the agency in the county responsible for the CIWMP preparation and to the LTF.

(2) If the regional agency is composed of a single county and all of the cities within that county the preliminary draft SRR E and HHWE shall be sent to adjoining cities and the LTF.

(3) If the regional agency is composed of two or more counties and all of the cities within the counties, the preliminary draft SRRE and HHWE shall be sent to adjoining cities, and the LTF of each affected county.

(4) If the regional agency is composed of two or more counties but does not include all of the cities within those counties, the preliminary draft SRRE and HHWE shall be sent to adjoining cities, each of the county agencies responsible for the CIWMP and the LTF of each affected county.

Each jurisdiction shall also submit three copies of the draft SRRE and HHWE to the Board.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Sections 40900, 41000, 41300, 41500, 41510, 41750.1 and 41790, Public Resources Code.


Section 18764. Review of the Preliminary Draft SRRE and HHWE.

(a) Review Period. In accordance with Government Code section 15376, the review period shall be a minimum of 30 days, commencing upon the date of receipt of the Preliminary Draft SRRE and HHWE by a reviewing agency. The median time for review shall be 38 days. The maximum time for review shall be 45 days.

(1) Review by LTF. In reviewing the preliminary draft SRRE and HHWE, the LTF shall consider the issues of regional concern pursuant to Public Resources Code section 40950(c) to aid in ensuring that they are addressed. Copies of written comments made by the LTF on the preliminary draft SRRE and HHWE shall be sent simultaneously to the Board and to the jurisdiction that prepared the preliminary draft SRRE and HHWE.

(2) Review by Other Reviewing Agencies. The county, adjacent cities, any association of regional governments and the Board shall review the preliminary draft SRRE and HHWE and send written comments to the jurisdiction that prepared the preliminary draft SRRE and HHWE. A copy of the Board's written comments shall be sent simultaneously to the LTF.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Sections 40950, 41000, 41300, 41500, 41510 and 41790, Public Resources Code.


Section 18765. Review of the Final Draft SRRE, HHWE and NDFE.

(a) Thirty (30) days prior to the public hearing for the adoption of the SRRE and HHWE, the jurisdiction shall send a copy of the final draft of its SRRE and HHWE to the LTF(s) of the affected counties for review. Within 15 days of receipt of the final draft of the SRRE and HHWE, the LTF shall provide written comments to the jurisdiction and the Board regarding the final draft.

(b) Ninety (90) days prior to the public hearing for the adoption of the NDFE, the jurisdiction shall send a copy of the final draft NDFE to the LTF for review. Within 90 days of receipt of the final draft NDFE, the LTF shall provide written comments to the city or county and the Board regarding the final draft.

(c) If deficiencies are indicated in the LTF's comments, the LTF shall meet with the jurisdiction to resolve them. If no resolution between the jurisdiction and the LTF can be achieved, the LTF shall send a letter to the jurisdiction and the Board indicating the remaining deficiencies of the SRRE, HHWE and NDFE.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Sections 40950, 40971, 41000, 41300, 41500, 41510, 41730, 41731 and 41734 , Public Resources Code.


Section 18766. Public Participation; Notice; Local Adoption of the SRRE, HHWE and NDFE.

(a) The general public, affected governmental entities, and private industries shall be given an opportunity to participate in the planning process and implementation of the SRRE, HHWE and NDFE through attendance at informative meetings and public hearings.

(1) Pursuant to Public Resources Code section 41793, at least one public hearing shall be held to receive testimony regarding the Preliminary Draft of the SRRE and HHWE before a jurisdiction adopts its SRRE and HHWE.

(A) To inform the public of the hearing, the jurisdiction shall publish a notice in a local newspaper of general circulation at least 30 days in advance of the scheduled public hearing on the SRRE and HHWE.

(2) Jurisdictions may form advisory committees which may review and comment on draft elements, and provide technical guidance and support during the development of the SRRE, HHWE and NDFE.

(b) In addition to the hearing or hearings held pursuant to (a) (1) of this section, the governing body of the jurisdiction, shall conduct a public hearing for the purpose of adopting the SRRE, HHWE and NDFE. After considering all comments of the members of the governing body and the public, the jurisdiction shall, by resolution, adopt the SRRE, HHWE and NDFE.

(1) To inform the public of the hearing, the jurisdiction shall publish a notice in a newspaper of general circulation at least three (3) days in advance of the scheduled public hearing on the final draft SRRE, HHWE and NDFE.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Sections 40900, 40971, 41000, 41300, 41500, 41510, 41730, 41731 and 41793, Public Resources Code.


Section 18767. Submittal of City or Regional Agency SRRE, HHWE, and NDFE to the County and County NDFE to the Cities.

(a) A city or regional agency which is composed of some cities within a single county, shall transmit one (1) copy of its SRRE and one (1) copy of its HHWE to the county in which it is located within 30 days of its adoption by the city or regional agency for incorporation into the CIWMP.

(1) A signed resolution and documentation that the jurisdiction has complied with CEQA (Public Resources Code sections 21000 et seq.) shall accompany the SRRE and HHWE that are submitted to the county.

(b) A city, unless it is a city and county, or regional agency which is composed of some cities within a single county shall transmit a copy of its NDFE to the county in which it is located within 30 days of its adoption by the city or regional agency for incorporation into the CIWMP. This submittal shall occur no later than the applicable submittal dates in PRC section 41791.5.

(c) A county, unless it is a city and county, shall transmit a copy of its NDFE to the cities which are located within the county within 30 days of doption of the NDFE by the county. This submittal shall occur no later than the applicable submittal dates specified in PRC 41791.5.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Sections 21083, 40971, 41000, 41300, 41500, 41510, 41791, 41730, 41731, 41750.1 and 41793, Public Resources Code.


Section 18768. Submittal of the SRRE, HHWE and NDFE to the Board.

(a) A jurisdiction shall, according to the schedule set forth in PRC section 41791.5, submit to the Board three (3) copies of its SRRE.

(1) When submitting the SRRE to the Board, the jurisdiction shall include a copy of the public notice(s) for the public hearings on the SRRE, a copy of the resolution(s) adopting the SRRE, comments on the final draft from the LTF, and a copy of the Notice of Determination which has been filed with the State Clearinghouse in the Office of Planning and Research as verification of compliance with the CEQA (Public Resources Code sections 21000 et seq.).

(b) A jurisdiction shall, according to the schedule set forth in PRC section 41791.5, submit to the Board three (3) copies of its NDFE.

(1) When submitting the NDFE to the Board, the jurisdiction shall include a copy of the public notice(s) for the public hearing(s) on the NDFE, a copy of the resolution(s) adopting the NDFE and comments on the final draft from the LTF.

(c) A jursidiction shall sumbit its HHWE with the CIWMP according to the schedule set forth in PRC section 41791. Any city, or regional agency which is composed of some cities within a single county may separately submit its HHWE to the Board for approval.

(1) When submitting the HHWE to the Board, the jurisdiction shall include a copy of the public notice(s) for the public hearings on the HHWE, a copy of the resolution(s) adopting its HHWE, comments on the final draft from the LTF, and a copy of the Notice of Determination which has been filed with the State's Clearinghouse in the Office of Planning and Research as verification of compliance with the CEQA (Public Resources Code sections 21000 et seq.).

(d) The Board's 120 day review period for consideration of approval of the SRRE, HHWE and NDFE will commence upon determination by the Board that three (3) copies of a SRRE, HHWE , or NDFE and the accompanying documents required by (a), (b) and (c) of this section have been submitted by the jurisdiction.

(1) Within 30 days of receipt of a SRRE, HHWE or NDFE for approval, the Board shall indicate to the jurisdiction whether all requirements included in (a), (b) and (c) have been fulfilled. If the Board notifies the jurisdiction that the required documents have not been submitted, the jurisdiction shall submit the remaining required document(s) within 30 days of notification.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Sections 21083, 40971, 41750, 41791, 41791.5, 41794, 41800 and 41802, Public Resources Code.


Section 18769. Board Approval of SRREs, HHWEs and NDFEs.

(a) The Board shall approve, conditionally approve, or disapprove the SRRE, HHWE and NDFE at a public hearing. After receiving testimony from the jurisdiction, the public and the LTF, the Board shall either adopt and prepare written findings approving the SRRE, HHWE and NDFE, or issue a Notice identifying deficiencies in the SRRE, HHWE and NDFE.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Section 41800 and 41801, 41802 and 41810 through 41813, Public Resources Code.


Section 18770. Amendment or Revision, and Resubmittal of the Amended or Revised SRRE, HHWE and NDFE.

(a) If a jurisdiction revises or amends its SRRE, HHWE, or NDFE, the jurisdiction shall revise or amend and submit its SRRE, HHWE, or NDFE pursuant to the requirements of sections 18765 through 18768 of this article.

(b) A jurisdiction shall resubmit a revised or amended version of its SRRE, HHWE, or NDFE to the Board either voluntarily according to PRC section 41770.5 or within 120 days of receipt of a notice identifying the element's deficiencies.

(c) The Board's 60 day review period for consideration of approval of amendments to the NDFE prior to the five year revision of the SRRE will commence upon determination by the BOARD that three (3) copies of the amendments to the NDFE and the accompanying documents required by section 18768(b) have been submitted by the jurisdiction.

(1) Within 30 days of receipt of the amendments to the NDFE for approval, the Board shall indicate to the jurisdiction whether all requirements included in section 18768(b) have been fulfilled. If the Board notifies the jurisdiction that the required documents have not been submitted, the jurisdiction shall sumbit the remaining required document (s) within 30 days.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Sections 21083, 40950, 41000, 41300, 41770, 41770.5, 41780, 41781.2, 41790, 41793, 41800, 41801, 41802 and 41810 through 41813, 41822, Public Resources Code.


Section 18770.5. Board Approval of Revised or Amended SRREs, HHWEs, and NDFEs.

(a) If a jurisdiciton is required to amend or revise its SRRE, HHWE, or NDFE due to the disapproval of the document, the Board shall approve, conditionally approve, or disapprove the element or amendment, pursuant to Public Resources Code sections 41812 and 41813, whithin 120 days of receipt of resubmitted elements or within 60 days of the receipt of NDFE amendments.

(b) The Board shall approve, conditionally approve, or disapprove revised or amended SRREs, HHWEs, and NDFEs at a public hearing. After considering public testimony and input from the LTF, the Board shall either adopt a resolution approving revised or amended SRREs, HHWEs, and NDFEs, or issue a notice identifying deficiencies in the SRREs, HHWEs, and NDFEs. Board approval shall be based on an evaluation of the jurisdiction's implementation of the hierarchy for waste management practices as described in Public Resources Code section 40051 of the California Integrated Waste Management Act of 1989.

(1) If revised or amended SRREs, HHWEs, and NDFEs are disapproved or conditionally approved, the Board shall send a notice identifying deficiencies within thirty (30) days of making its findings.

(2) Conditional approval or disapproval of a SRRE or HHWE, which has been revised per Section 18772 of this article, shall require the jurisdiction to reinstated the process for preparation and approval of the SRREs and HHWEs, beginning in sections 18762 through 18768.

(3) If revised or amended SRREs, HHWEs, and NDFEs are approved, the Board shall send a copy of the resolution of approval to the jurisdiction within thirty (30) days of making its finding.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Sections 40050, 40051, 40052, 41780, 41790, 41800 through 41802, 41810 through 41813, 41822, Public Resources Code.


Section 18771. Repealed


Section 18772. Board's Biennial Review of the City, Regional Agency, or County SRRE and HHWE.

(a) In addition to local jurisdiction review of city, regional agency and county SRREs and HHWEs, at least once every two years, the Board shall conduct an independent review of SRREs and HHWEs. This biennial review will enable the Board to assess each jurisdiction's progress towards meeting the mandated diversion and disposal requirements. The Board shall determine if the SRRE and HHWE programs are being implemented, and if jurisdictions are meeting the goals of their SRRE and HHWE.

(b) If the Board finds that a jurisdiction is failing to implement its SRRE and HHWE, and is not making progress towards meeting the requirements of Public Resources Code sections 41000, or 41300, 41500, 41510 or 41780, as applicable, after a public hearing on the matter, the Board shall issue a compliance order for achieving those requirements.

(1) The compliance order shall identify the programs and goals of the SRRE and HHWE which are not being implemented or attained by the jurisdiction, or identify areas of the SRRE and HHWE which require revision. The Board shall also set a date by which the jurisdiction shall meet the mandated requirements.

(2) The Board shall issue the compliance order within 30 days of making its finding of noncompliance.

(c) If a jurisdiction fails to bring its SRRE and HHWE into compliance by the date specified by the Board, the Board shall enforce the compliance order pursuant to Public Resources Code section 41850.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Sections 41000, 41300, 41500, 41510, 41780, 41825, and 41850, Public Resources Code.


Section 18773. Board Approval of Revised SRRE and HHWE.

(a) The Board shall consider approval of revised SRREs and HHWEs at a public hearing. After considering public testimony and input from the LTF, the Board shall either adopt a resolution approving revised SRREs and HHWEs, or issue a notice identifying deficiencies in the SRREs and HHWEs. Board approval shall be based on an evaluation of the jurisdiction's implementation of the hierarchy for waste management practices as described in the California Integrated Waste Management Act of 1989.

(1) If revised SRREs and HHWEs are disapproved or conditionally approved, the Board shall send a notice identifying deficiencies within 30 days of making its findings.

(2) Conditional approval or disapproval of a SRRE or HHWE which has been revised per Section 18772 of this article, shall require the jurisdiction to reinstitute the process for preparation and approval of the SRREs and HHWEs, beginning in Sections 18762 through 18768.

(b) If revised SRREs and HHWEs are approved, the Board shall send a copy of the resolution of approval to the jurisdiction within thirty (30) days of making its finding.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Sections 40050, 40051, 40052, 41780, 41800, 41802, 41810 through 41813 and 41822, Public Resources Code.


Section 18774. One Year Time Extension for Meeting Diversion Requirements.

(a) Commencing in 1995, the Board may grant a one-year time extension for meeting the state mandated diversion requirements identified in Public Resources Code section 41780.

(1) A jurisdiction requesting an extension, shall demonstrate, in writing, that it meets the requirements for an extension pursuant to Public Resources Code section 41820. (2) Within 45 days of receipt of this request, the Board shall review the adequacy of the application, and determine if the requirements of Public Resources Code section 41820 are met. Based upon this determination, the Board shall adopt written findings approving or disapproving the jurisdiction's request.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Sections 41780 and 41820, Public Resources Code.


Section 18774.5. Two-year Time Extension for Meeting Diversion Requirements.

(a) Commencing in 1995, the Board may grant a two-year time extension to a rural jurisdiction, as defined in Public Resources Code sections 40183 and 40184, for meeting the state mandated diversion requirements in Public Resources Code section 41780.

(1) A jurisdiction requesting an extension shall demonstrate, in writing, that it meets the requirements for an extension pursuant to Public Resources Code section 41787.4.

(2) Within 45 days of receipt of a complete request, the Board shall review the adequacy of the application, and determine if the requirements of Public resources Code section 41787.4 are met. Based upon this determination, the Board shall adopt written findings approving or disapproving the jurisdiction's request.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Sections 40183, 40184, 41780 and 41787.4, Public Resources Code.


Section 18775. Reduction in Diversion and Planning Requirements.

(a) A rural jurisdiction, as defined in Public Resources Code sections 40183 and 40184, may petition the Board, at a public hearing, to reduce the planning requirements and diversion requirements specified in Public Resources Code section 41780. To petition for a reduction, the jurisdiction shall present verification to the Board which indicates that achievement of the requirements is not feasible. To qualify to petition for a reduction in the diversion and planning requirements, a jurisdiction must meet the following:

(1) For a rural city, a geographic area of less than 3 square miles or a population density of less than 1500 people per square mile and a waste disposal rate of less than 100 cubic yards per day or 60 tons per day.

(2) For the unincorporated area of a rural county, the county's population shall be 200,000 or less.

(3) For a rural regional agency, consist of rural cities and counties, not to exceed more than two rural counties, unless authorized by the Board.

(4) Be located in a rural area. "Rural area" means those counties and cities located in agricultural or mountainous areas of the state and located outside the Department of Finance's Primary Metropolitan Statistical Areas.

(b) Based on information presented at the hearing, the Board may establish reduced diversion requirements, and alternative, but less comprehensive, planning requirements. A petitioner may identify those specific planning requirements from which it wants to be relieved and provide justification for the reduction. Examples of reduced planning requirements could include, but would not be limited to, reduced requirements for solid waste generation studies, and reduced requirements and consolidation of specific component requirements. These reduced planning requirements, if granted, must ensure compliance with Public Resources Code section 41782.

(c) Rural jurisdictions requesting a reduction in the diversion and planning requirements must include the following information in the reduction petition:

(1) A general description of the existing disposal and diversion systems, including documentation of the types and quantities of waste disposed and diverted. Documentation sources may include, but are not limited to, the following:

(A) Solid Waste Generation or Characterization Studies;

(B) Diversion data from public and private recycling operations;

(C) Current year waste loading information from permitted solid waste facilities used by the jurisdiction;

(2) Identification of the specific reductions being requested (i.e. diversion or planning requirements or both);

(3) Documentation of why attainment of mandated diversion and planning requirements is not feasible. Examples of documentation could include, but are not limited to:

(A) Evidence from the documentation sources specified in paragraph (c)(1) of this section;

(B) Verification of existing solid waste budget revenues and expenses from the duly authorized designated representative of the jurisdiction;

(4) The planning or diversion requirements that the jurisdiction feels are achievable, and why.

(5) Documentation verifying that the rural city or county has implemented those programs identified in Public Resources Code section 41787(a) (3).

(6) Documentation verifying that the rural regional agency has implemented those regionwide programs identified in Public Resources Code section 41787.1(c)(2).

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Section 40183, 40184, 41787, 41787.1, 41787.2, 41802, and 40973, Public Resources Code.


Section 18775.2. Sludge Diversion.

(a) Jurisdictions that wish to claim diversion of waste type "sludge" shall submit a written request to the Board pursuant to PRC 41781.1. Within 45 days of receipt of a jurisdiction's request, Board shall notify the jurisdiction in writing whether sufficient information has been included in the request to enable the Board to make findings pursuant to PRC Section 41781.1. Requests that are found by the Board to be incomplete, pursuant to the criterion set forth in this section, shall be revised by the jurisdiction to correct any inadequacy. The Board shall make the findings required by PRC Section 41781.1 at a public hearing no later than 180 days after receipt of a complete request for sludge diversion credit.

(1) A request for allowing sludge diversion shall include the following information:

(A) Description of the selected diversion alternative(s);

(B) Projected annual quantity of sludge waste to be diverted through the year 2000;

(C) Documentation that waste type "sludge" has been categorized, quantified and documented in the applicable "solid waste generation study" as defined in section 18722 of this chapter;

(D) Written certification from the agent(s) responsible for implementing the sludge diversion alternative that the reuse meets all applicable requirements of state and federal law. Information upon which the above certification is based shall be made available to the Board upon request.

(E) Description of monitoring program(s) that are in place or which will be established to insure that the sludge diversion alternative will not pose a threat to public health or the environment.

(F) If the sludge diversion alternative receives a permit or is identified under an existing permit, waste discharge requriements, or has other conditions imposed by one or more of the agencies specified in PRC Section 41781.1, include the name of the agency(s) and identify the agency identification code or number for the permit, waste discharge requirements, or other imposed conditions.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Section 41780 and 41781.1, Public Resources Code.


Section 18775.4. Use of Excluded Waste Types for Baseline Diversion Credit

(a) To establish baseline diversion, jurisdictions which have included alternatives for the diversion of agricultural wastes, inert solids, or scrap metals as defined in PRC section 41781.2 (b), or white goods as defined in Article 3 of this Chapter, shall follow the requirements specified in PRC section 41781.2. Within 60 days of receipt of a jurisdiction's SRRE for final review, the Board shall notify the jurisdiction in writing if there is insufficient information to determine that the criteria specified in PRC section 41781.2 have been met.

(b) If the Board disapproves an element for which a jurisdiction has received a notification of excluded wastes pursuant to PRC section 41801.5(b), the jurisdiction may, concurrent with the procedures specified in section 18770 of this article, submit additional information to the Board which substantiates that the criteria specified in PRC section 41781.2 have been met. Within 60 days of receipt of the additional information, the Board shall determine whether diversion of all or a portion of the excluded waste will be allowed for the purposes of compliance with the diversion requirements of PRC section 41780.

(c) Based on the Board's determination in subsection (b), the jurisdiction shall revise its SRRE to correct any inadequacies and shall resubmit it to the Board within 120 days of the Board's determination. If a jurisdiction is unable to resubmit its revised SRRE within 120 days, the Board may, on a case by case basis, extend the deadline for resubmittal. Upon receipt of a resubmitted element, the Board shall follow the procedures specified in section 18770 of this article.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Section 41780, 41781.2, 41801.5 and 41811.5, Public Resources Code.

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