California Department of Resources Recycling and Recovery (CalRecycle)

Local Enforcement Agency Permit Toolbox

Conformance Finding

This page provides resources and guidance for applicants, local enforcement agencies, and California Integrated Waste Management Board staff for determining if a proposed solid waste facility permit is in conformance with the Siting Element or the Nondisposal Facility Element of the County Integrated Waste Management Plan (CIWMP).

Which permit tiers require this information?

The LEA is required to make this finding for any facility which is slotted in one of the regulatory tiers requiring a new or revised permit:

This finding is not required for:

  • Operations in the notification tier.
  • Facilities that are transfer stations which recover less than 5% of the volume of materials received for reuse or recycling [PRC Section 50001(b)].
  • Operations excluded from the requirements of a permit.

What is required to be submitted with the permit application?

A complete and correct conformance finding element, submitted as part of a new or revised permit application package, shall include:

  • Per CCR Section 21570(f)(5), a statement that the facility is identified in either the countywide siting element, the nondisposal facility element, or in the Source Reduction and Recycling Element for the jurisdiction in which it is located; or, that the facility is not required to be identified in any of these elements pursuant to  Public Resources Code (PRC) Section 50001

This statement can be included in a cover letter attached to the application, along with other required findings. To simplify review, it is recommended that the application reference or include the page from the the CIWMP or or CIWMP amendments that describes the location of the facility. Regardless, the applicant should contact the County or City to make sure the existing or proposed facility location is identified in the proper element of the plan.

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What findings are required to be made by the LEA and CalRecycle?

Statute: A new or expanding solid waste facility is required to be in compliance with Public Resources Code (PRC) Section 50001 which states that the site identification must be described in the Nondisposal Facility Element (NDFE) or the Siting Element (SE) of the County Integrated Waste Management Plan (CIWMP).

The LEA must verify this information before the permit application can be accepted as complete and correct.

Landfills: If the permit is for a landfill, CalRecycle must make a finding that the "proposed permit is consistent with the approved (or amended) Countywide Siting Element and therefore is consistent with the County Integrated Waste Management Plan" (September 2000 Board Decision).

Other "Non-Disposal" Facilities: If the permit is not for a landfill, the Board must make a finding that the "proposed permit is in conformance with the Countywide Integrated Waste Management Plan's Non-Disposal Facility Element" (September 2000 Board Decision). If the facility is not identified in the NDFE, please see the General Guidance for Amending an NDFE.

Conformance Finding Request Form (Word 97, 30 KB): Board staff will submit this form to Local Assistance when a proposed full or standardized permit is received. LEAs can also use this form to request an "early consultation" on the status of a CIWMP element.

A conformance findings should only be requested in the following circumstances:

  1. If the solid waste facility or nondisposal facility is a new facility.
  2. When the permit is a "first time" permit for an existing facility.
  3. When the permit is being revised and there is no prior conformance finding showing the facility (at that address) was in conformance.

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What are the standards/criteria for review of this element of the permit package?

    "...in considering proposed Solid Waste Facility Permits, the Board shall interpret PRC 50001 to only require a finding that the facility's location be identified in the SE or NDFE, either by the facility address or general location on a map, and shall not review the facility's conformance to the description set forth in those documents for the purposes of this finding."
  • August 2002 Board Decision addressed non-disposal facilities located at permitted landfills and provided limited exceptions for existing non-disposal facilities effected by recently adopted compost and CDI regulations.
  • PRC 44009(c) requires the Board to object to a proposed permit if it is not in compliance with PRC 50001.

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What resources are available to help with review of this element?

Regulations and Statute

Other Resources

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Last updated: July 14, 2004
Permit Toolbox, http://www.calrecycle.ca.gov/SWFacilities/Permitting/
Kevin Taylor: Kevin.Taylor@calrecycle.ca.gov (916) 341-6582