Regulations: Title 14, Natural Resources--Division 7, CIWMB

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

Article 9. Annual Report Regulations

Section 18794.0. General Requirements and Due Dates.
(a) Each jurisdiction shall submit an annual report that discusses the progress achieved in implementing the programs and/or facilities described in a jurisdiction's Planning Documents. Planning Documents include the Source Reduction and Recycling Element (SRRE), Household Hazardous Waste Element (HHWE), Nondisposal Facility Element (NDFE), Siting Element (SE), Summary Plan, or Petition for Reduction.

(b) The annual report shall also discuss the progress a jurisdiction has made in achieving the disposal reduction goals required by Public Resources Code (PRC) section 41780.

(c) A jurisdiction includes a City, County, City and County, or Regional Agency, as defined in Section 18801.

(d) The annual report will serve as a basis for determining if any of the Planning Documents need to be revised to reflect new or changed local and regional solid waste management programs, facilities, and other conditions, as well as to determine compliance with the mandated disposal reduction goals.

(e) Jurisdictions shall submit the annual report as follows:

(1) Jurisdictions with Planning Documents approved or conditionally approved prior to January 1, 1996, shall submit their first annual report on these approved documents by August 1, 1996.

(2) Jurisdictions that did not have any Planning Documents approved or conditionally approved prior to January 1, 1996 shall submit their first annual report by August 1 of the year following Board-approval or conditional approval of a Planning Document.

(3) Jurisdictions shall submit subsequent annual reports every August 1 thereafter, that address all of a jurisdiction's Planning Documents that have been approved or conditionally approved by the Board either during, or prior to, the previous calendar year.

(f) Jurisdictions shall submit three copies of the annual report.

(g) If a jurisdiction includes information on disaster wastes in its annual report, "disaster" shall mean a natural catastrophe such as an earthquake, fire, flood, landslide, or volcanic eruption, or regardless of cause, any explosion, fire, or flood. In order to be considered a disaster, a local emergency or a state of emergency shall have been duly proclaimed.

(1) For the purposes of this Article, "district" means a community service district that provides solid waste handling services or implements source reduction and recycling programs. Commencing on July 1, 2001, a "district" also includes a sanitary district that provides solid waste handling services or implements source reduction and recycling programs.

(2) Each district shall provide the city, county, or regional agency in which it is located, information on the programs implemented by the district and the amount of waste disposed and diverted within the district.

(3) This information shall be supplied to the city, county, or regional agency so that it may be incorporated into the annual report.

Note:

Authority:
Section 40502 of the Public Resources Code.

Reference:
Section 40050, 40051, 40052, 40901, 41000, 41300, 41500, 41510, 41700, 41730, 41731, 41750, 41750.1, 41751, 41780, 41801.5, 41821, 41821.2, and 41850 of the Public Resources Code.

Section 18794.1. Goal Achievement Calculations.
(a) A jurisdiction's annual report shall include the calculations described in this Section to measure achievement of the disposal reduction requirements of PRC section 41780. The diagram below shows the sequence of the calculations.

Measuring Goal Achievement

(c) Step 2. A jurisdiction shall next calculate its maximum allowable disposal tonnage, as follows:

(1) A jurisdiction without a Board-approved petition for reduction in the goal shall multiply its estimated reporting year generation amount by 0.75 (75%) for the years 1995 through 1999, and by 0.50 (50%) for the year 2000 and beyond.

(2) A jurisdiction with a Board-approved petition for reduction in the goal, except for a jurisdiction that is a region as described in (3) below, shall multiply its estimated reporting year generation amount by the difference between 100% and the reduced goal. For example, if the reduced goal for 1995 is 15%, then the estimated reporting year generation amount would be multiplied by 85% (100% - 15% = 85%).

(3) A region that has at least one member agency that has a Board-approved petition for reduction in the goal, but does not have a reduced goal for the region as a whole, shall calculate its maximum allowable disposal as specified in PRC Section 41787.2.

(d) Step 3. A jurisdiction shall next deduct any tonnages from the reporting year disposal tonnage calculated pursuant to Section 18813 which it is authorized to subtract because:

(1) it meets the criteria in PRC section 41782 for claiming a reduction in its disposal tonnage because of a regional diversion facility, or regional medical waste treatment facility; and/or

(2) it has disposed of additional amounts of solid waste as a result of a disaster.

These deductions yield the corrected reporting year disposal tonnages.

(e) Step 4. A jurisdiction shall then compare its maximum allowable disposal tonnage (from Step 2) to its corrected reporting year disposal tonnage (from Step 3). The goal has been met if the maximum allowable tonnage is greater than or equal to the corrected reporting year disposal tonnage.

Note:

Authority:
Section 40502 of the Public Resources Code.

Reference:
Section 41780, 41780.1, 41780.2, 41781, 41782, 41787.2, 41821, 41821.5, and 41850 of the Public Resources Code.

Section 18794.2. Reporting Requirements for Calculations.
(a) Jurisdictions who were incorporated prior to January 1, 1995 and who submit their first annual report in 1997 or later, shall include their disposal reduction calculations for 1995, in addition to their disposal reduction calculations for the current reporting year.

(b) The information used for calculating the adjustment in Section 18794.1(b) above, shall be included in a jurisdiction's annual report to the Board.

(c) If a jurisdiction is a member of a Regional Agency, then a single combined report of the information shall be made for all the members of the Regional Agency.

(d) The annual report shall include the information listed below for the calculated adjustment:

(1) Name of all jurisdictions included in the report

(2) For the jurisdiction's base-year:

(A) base-year

(B) population factor number and data source used

(C) employment factor number and data source used

(D) uncorrected taxable sales factor number and data source used

(E) consumer price index number and data source used

(F) residential generation tonnage amount

(G) non-residential generation tonnage amount.

(3) For the jurisdiction's reporting-year:

(A) reporting-year

(B) population factor number and data source used

(C) employment factor number and data source used

(D) uncorrected taxable sales factor number and data source used

(E) consumer price index factor number and data source used

(F) a copy of all interim calculations used to reach the adjusted base-year tonnage amount

(G) estimated reporting-year generation as calculated using the equations in Section 18797.3.

(e) In addition to the information required by this Section, a jurisdiction may also submit in its annual report any other information it wishes the Board to consider relating to the base-year waste generation tonnage amounts, adjustment factors, or calculations. The additional information may include a discussion of why the adjustment method as described in Section 18797.3 may not fully represent a jurisdiction's local conditions, and what additional adjustments would be needed.

(f) If a jurisdiction made an adjustment in its reporting year disposal tonnages because of a regional medical waste treatment facility or regional diversion facility located within its borders, it shall provide the Board with documentation demonstrating it meets the criteria specified in PRC section 41782 for making such an adjustment.

(g) If a jurisdiction made an adjustment in its reporting year disposal tonnages because of a disaster, it shall provide the Board with documentation demonstrating that:

(1) the tonnages subtracted resulted from the disaster;

(2) the jurisdiction implemented to the extent feasible, diversion programs to maximize diversion through reuse, recycling, or composting of disaster-related solid waste; and,

(3) the tonnages subtracted are consistent with the additional tonnages reported by the facilities where the solid waste was disposed.

(h) A jurisdiction may also provide additional information related to the tons of waste disposed in California including "host-assigned" waste as described in Sections 18809, 18810, and 18811, or exported from California. The jurisdiction shall describe how this additional information was obtained.

(i) If a jurisdiction's calculations as described in Section 18794.1 above, show its disposal reduction goal has not been met, then a jurisdiction shall discuss in its annual report what possible problems may have prevented it from reaching its goal. Problems may include, but are not limited to:

(1) base-year inaccuracies;

(2) disposal reporting problems;

(3) changes in a jurisdiction's waste stream beyond the jurisdiction's control; or

(4) changes in the overall waste management system that may hinder achievement of the disposal reduction goals.

Note:

Section 18794.3. SRRE/NDFE and HHWE Implementation.
(a) SRRE/NDFE Annual Report Requirements. Each jurisdiction shall monitor its reduction of solid waste and summarize in the annual report its progress toward achieving the mandated disposal reduction goals identified in PRC section 41780. The information provided will serve as a basis for determining whether a revision of a SRRE is needed. The SRRE/NDFE section of the annual report shall address at least the following:

(1) Implementation status of selected programs;

(2) An explanation why any selected programs were not implemented;

(3) Contingency programs or other measures that have been, or will be implemented to help achieve the disposal reduction goals;

(4) Changes to selected programs, implementation schedules, or funding sources;

(5) Efforts made to inform the public of selected programs and facilities, and to increase public participation;

(6) Any barriers that may prevent achievement of the disposal reduction goals;

(7) Any changes in the use of nondisposal facilities, both existing or planned;

(8) If a jurisdiction's calculations show its disposal reduction goal has not been met, then a jurisdiction may include an expanded discussion on items 1 through 7 above;

(9) Quantities and types of waste diverted through recycling and composting programs directly funded or operated by the jurisdiction including, but not limited to, contracts or franchises;

(10) If a jurisdiction funds or operates a program through contracts or franchises and the agreement does not contain program monitoring and reporting requirements providing the information required by (9) above, the jurisdiction may include this information at the time of the contract or franchise agreement renewal, or at the jurisdiction's five year revision, whichever comes first;

(11) The adequacy of, or the need to revise, the Solid Waste Generation Study or any other Component of the SRRE; and

(12) If a jurisdiction determines that a revision of the SRRE is necessary, the annual report shall contain a timetable for making the necessary revisions.

(b) HHWE Annual Report Requirements. Each jurisdiction shall summarize in the annual report its progress toward reducing or eliminating household hazardous waste (HHW). The information provided will serve as a basis for determining whether a revision of a HHWE is needed. The HHWE section in the annual report shall address at least the following:

(1) Implementation status of selected programs;

(2) An explanation why any selected programs were not implemented;

(3) An explanation why any programs that were implemented did not achieve expected reduction of HHW disposal;

(4) Contingency programs or measures that have been or will be implemented to increase efforts or effectiveness in achieving reduction or elimination of HHW disposal;

(5) Changes to selected programs, implementation schedules, or funding sources;

(6) Efforts made to inform the public of HHW collection events or facilities;

(7) Any barriers that may prevent the reduction or elimination of HHW disposal;

(8) The adequacy of, or the need to revise, the HHWE; and

(9) If a jurisdiction determines that a revision of the HHWE is necessary, the annual report shall contain a timetable for making the necessary revisions.

Note:

Authority:
Section 40502 of the Public Resources Code.

Reference:
Section 40901, 40973, 41000, 41032, 41033, 41300, 41500, 41510, 41780, 41787, 41787.1, 41787.2, 41802, and 41821 of the Public Resources Code.

Section 18794.4. Siting Element and Summary Plan Status.
(a) Each county or regional agency shall include in its annual report a discussion on the status of its Siting Element and Summary Plan. The information provided shall serve as a basis for determining if the Siting Element and/or Summary Plan should be revised.

(b) The Siting Element section in the annual report shall address at least the following:

(1) Whether the county or regional agency has maintained, or has a strategy which provides for the maintenance of, 15 years of disposal capacity;

(2) The adequacy of, or the need to revise, the Siting Element; and

(3) If a jurisdiction determines that a revision of the Siting Element is necessary, the annual report shall contain a timetable for making the necessary revisions.

(c) The Summary Plan section in the annual report shall address at least the following:

(1) Any changes in the financing of countywide or regional programs and/or facilities and why these changes occurred;

(2) Whether new cities within the county or regional agency have incorporated since the adoption of the Summary Plan. For each new city, the city's name, date of incorporation, and population at time of incorporation shall be provided; and

(3) If a jurisdiction determines that a revision of the Summary Plan is necessary, the annual report shall contain a timetable for making the necessary revisions.

Note:

Authority:
Section 40502 of the Public Resources Code.

Reference:
Section 40051, 40052, 40703, 41701, 41721, 41721.5, 41751, 41770, and 41821 of the Public Resources Code.

Section 18794.5. Status of Qualifying Conditions for Board-approved Petitions for Reduction.
(a) Jurisdictions with a Board-approved petition for reduction shall address the following in their annual reports:

(1) Whether the jurisdiction still qualifies to petition for the reduction as discussed in Section 18775(a);

(2) Whether the reduction is still needed, based on the Board-approved petition and items addressed in Section 18775(c).

(b) The Board may, upon review of the annual report, find that a revision or revocation of the reduction is necessary. The Board shall present any such findings at a public hearing.

Note:

Authority:
Section 40502 of the Public Resources Code.

Reference:
Section 40973, 41787, 41787.1, 41802, and 41821 of the Public Resources Code.

Section 18794.6. Addressing an Area-of-Concern, or Conditionally Approved Planning Documents.
(a) Reporting Requirements for Areas-of-Concern. Each jurisdiction with a Planning Document for which the Board identified an area-of-concern at the time it was approved or conditionally approved, may address the concern in its annual report. Once the concern has been adequately addressed by the jurisdiction, it no longer needs to be addressed in subsequent annual reports. If a jurisdiction does not adequately address an area of concern in the annual report, the Board may consider it during its biennial review pursuant to PRC section 41825.

(b) Reporting Requirements for Conditional Approvals. Each jurisdiction with a Planning Document that was conditionally approved by the Board, shall discuss how it has met the conditions in its annual report. The conditions are listed in the Resolution in which the Board conditionally approved the planning document. The Resolution is attached to the Notification letter sent to a jurisdiction pursuant to PRC section 41810. Once the conditions have been adequately addressed, they no longer need to be addressed in subsequent annual reports.

Note:

Authority:
Section 40502 of the Public Resources Code.

Reference:
Section 41801.5, 41802, 41810, and 41821 of the Public Resources Code.

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