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 6.3. Household Hazardous Waste Elements Section

Section 18750. Scope.

The Household Hazardous Waste (HHW) Element shall specify the means by which each jurisdiction required to prepare and implement a HHW Element shall safely collect, recycle, treat and dispose of household hazardous wastes generated by households within the jurisdiction.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Sections 41500 and 41510, Public Resources Code.


Section 18751. Household Hazardous Waste Element Specific Requirements.

The Household Hazardous Waste Element shall include the requirements contained in sections 18751.1 through 18751.6 of this Article.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Sections 41500 and 41510, Public Resources Code.


Section 18751.1. Household Hazardous Waste Element Goals and Objectives.

The HHW Element shall include statements which define the goals and objectives for the short-term and medium-term planning periods.

(a) HHW Element goals and objectives shall be consistent with the mandates of section 40051 of the Public Resources Code.

(b) Each jurisdiction shall examine and select household hazardous waste element goals and objectives based upon data generated in the Solid Waste Generation Study, conducted pursuant to section 18722, of Article 6.1 of this Chapter. The objectives shall include plans to source reduce and safely collect, recycle, treat and dispose of household hazardous waste generated within the jurisdiction.

(c) The HHW Element shall specify the time frame for achievement of each objective.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Sections 40051, 41500 and 41510, Public Resources Code.


Section 18751.2. Household Hazardous Waste Existing Conditions Description.

This Article establishes guidelines for the Form 303 Household Hazardous Waste Collection Report, which local government agencies who are responsible for household hazardous waste management in California must submit annually to report amounts of material collected and managed by those agencies.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Sections 41500, 41510, 41750 and 47103, Public Resources Code and Section 25218.9, Health and Safety Code.


Section 18751.2.1. Definitions

(a) The following definitions shall only apply to this Article:

(1) "Must" or “shall” means a provision is mandatory.

(2) "May" means a provision is permissive.

(b) “Household hazardous waste,” or “HHW” means household hazardous waste as defined in Health and Safety Code 25218.1(e).

(c) "Permanent household hazardous waste collection facility" means a permanent household hazardous waste collection facility as defined in Health and Safety Code 25218.1(h).

(d) Program types listed in Section 18751.2.3(c) are defined in Health and Safety Code 25218.

(e) Waste types listed in 18751.2.3(a)(1)-(4) and (7) are described in 49 Code of Federal Regulations Section 172.101. Waste types listed in 18751.2.3(a)(5), (6), (8), and (9) are defined as follows:

(1) “PCB-containing materials” means materials that contain polychlorinated biphenyls.

(2) “Reclaimable” means materials that are on the list of recyclable hazardous wastes described in the California Code of Regulations, Title 22, Division 4.5, Chapter 16, Section 66266.2, and also latex paint.

(3) “Universal Waste” means universal waste as defined in Health and Safety Code 25123.8.

(4) “Other” means materials collected by Public Agency HHW programs that are not described in 18751.2.3(a)(1)-(8).

(f) Management Methods listed in 18751.2.3(d) have the following definitions:

(1) “Destructive Incineration” means treatment by thermal destruction at a high temperature hazardous waste incinerator where the physical destruction is the sole intent of the treatment process.

(2) “Fuel Incineration” means treatment by thermal destruction where the waste, either by itself or blended with another material, is burned to recover its potential thermal energy.

(3) “Landfill” means disposal of a waste in the ground (and in this case) at a landfill authorized to accept the waste.

(4) “Neutralization” means treatment by chemically adjusting the pH of the waste so that the waste can be discharged into a publicly owned treatment works (does not apply if after neutralization, the waste is still hazardous and is sent for disposal or treatment by one of the other methods).

(5) “Recycled” means waste is sent for resource recovery where the raw materials used for making the material before it became a waste are recovered to make new materials of the same or different nature (does not include fuel incineration).

(6) “Reused” means waste is used without further treatment or handling for the original intended purpose of the material before it became a waste.

(7) “Stabilization” means treatment where waste is chemically stabilized into a solid or semi-solid state such that it no longer exhibits hazardous characteristics and can be managed as non-hazardous waste (does not apply if after stabilization, waste is still hazardous and is sent for disposal or treatment by one of the other methods described here).

(8) “Stewardship Program” means waste is sent for management by a program run by manufacturers or a designated stewardship organization to manage specified products.

Note:

Authority cited: Section 40502, Public Resources Code and Section 25218.10, Health and Safety Code.
Reference: Sections 41500, 41510, 41750 and 47103, Public Resources Code and Sections 25123.8 and 25218.9, Health and Safety Code.


Section 18751.2.2. Form 303 Submittals.

(a) Each public agency that is responsible for HHW management must complete and submit a “Form 303 Household Hazardous Waste Collection Report” (Form 303) electronically to the Department of Resources Recycling and Recovery each year. The Form 303 may be submitted as a hard copy instead only upon request to the Department of Resources Recycling and Recovery.

(b) All public agencies responsible for HHW management must submit as part of the Form 303 the following information to the Department of Resources Recycling and Recovery:

(1) Contact information of the person responsible for submitting the Form 303:

(A) Name of HHW program manager

(B) Name of public agency

(C) Mailing address

(D) Phone Number

(E) E-mail address

(F) Contractor’s name, if applicable

(2) Program information

(A) If a public agency collects HHW and reports material collection data on behalf of another agency(ies), that agency shall provide the names of their participating agency(ies).

(B) Information pertaining to each permanent HHW collection facility within the program service area, if applicable:

(i) Name of Facility

(ii) EPA ID number, if applicable

(iii) Facility address

(iv) Site contact name and title

(v) E-mail address of site contact

(C) A list of Program Types used, including an EPA ID number for each program type.

(D) Number of households that participated in the collection program, and the method used to calculate this.

(E) Number of households in service area. A public agency shall indicate on their report if this figure is different from the household figure in the most current Department of Finance E-5 Report on Population and Housing Estimates for Cities, Counties, and the State.

(3) Material Collection and Disposition. Each public agency that is responsible for HHW management shall ensure that the amount of material collected through their program during the preceding reporting period is reported annually, by weight in pounds. Material collection and disposition shall be described by using the categories, program types, and dispositions described in Section 18751.2.3.

(A) A reporting agency may include amounts of materials collected on behalf of a participating agency(ies) in their Form 303, but is not required to report specific amounts for each participating agency.

(B) If a public agency manages and reports materials on behalf of a participating agency, the participating agency shall only report amounts of materials that were not already reported on their behalf.

(c) The reporting timeframe shall be July 1 of the previous fiscal year through June 30 of that fiscal year, with the information required to be submitted to the state by the October 1 of the following fiscal year.

(d) If a public agency responsible for HHW management is collecting materials on behalf of or through a stewardship program, the public agency shall include those materials in their Form 303.

(e) A public agency is not required to submit a Form 303 only if all of that agency’s material collection amounts have been reported on another agency’s Form 303.

Note:

Authority cited: Section 40502, Public Resources Code and Section 25218.10, Health and Safety Code
Reference: Sections 41500, 41510, 41750 and 47103, Public Resources Code and Section 25218.9,Health and Safety Code.


Section 18751.2.3. Material Collection and Disposition

(a) Material collection amounts shall be reported for the following categories:

(1) Flammable and Poison

(2) Inorganic and organic acid

(3) Inorganic and organic base

(4) Neutral oxidizers, organic peroxides, oxidizing acid/base

(5) PCB-containing materials

(6) Reclaimable

(7) Asbestos

(8) Universal Waste

(9) Other

(b) If a material category not listed in (a)(1)-(9) is determined to be a hazardous waste under Health and Safety Code 25175(a)(1)-(2) or other statute or regulations, the reporting agency shall report the collection of materials in that category via the Form 303.

(c) Each public agency shall report the program types used to collect the materials reported in section (a) and, if applicable, section (b). Program types include the following:

(1) Permanent HHW collection facility

(2) Temporary (periodic) facility

(3) Mobile Facility

(4) Recycle-only facility

(5) Door to Door (residential) program

(6) Curbside Program

(7) Load Check

(8) Other program type not specifically listed in (c)(1)-(7). The reporting agency shall describe the program type used.

(d) Each public agency shall report the disposition of the materials collected by their program, by weight in pounds, during the preceding reporting period by the following categories:

(1) Destructive Incineration

(2) Fuel Incineration

(3) Landfill

(4) Neutralization/Treatment

(5) Recycled

(6) Reused

(7) Stabilization

(8) Stewardship Program. The reporting agency shall name the stewardship program(s) used.

Note:

Authority cited: Section 40502, Public Resources Code and Section 25218.10, Health and Safety Code.
Reference: Sections 41500, 41510, 41750 and 47103, Public Resources Code and Section 25218.9, Health and Safety Code


Section 18751.3. Evaluation of Household Hazardous Waste Program Alternatives.

The HHW Element shall include an evaluation of the Program alternatives which have been considered for local implementation consistent with the objectives of section 18751.1 of this Article, including but not limited to the following:

(a) Program alternatives including, but not limited to:

(1) collection alternatives, as follows:

(A) periodic community-wide, or neighborhood household hazardous waste collection;

(B) permanent household hazardous waste drop-off sites;

(C) mobile household hazardous waste collection; and

(D) local activities, actions or efforts to encourage the formation of privately or publicly operated fee-for-service, door-to-door, or curbside household hazardous waste collection alternatives.

(2) load-checking programs for household hazardous waste at all solid waste management facilities; and

(3) waste exchange, reuse and/or recycling alternatives for household hazardous wastes including, but not limited to, alternatives for waste oils, paints, and batteries.

(b) Each alternative considered shall be evaluated in terms of the following criteria and any other local considerations:

(1) hazards, as defined by Section 18720(a)(26) of this Chapter, which are created by the alternative considered;

(2) ability to accommodate changing economic, technological, and social conditions;

(3) whether it can be implemented in the short-term and medium-term planning periods; and

(4) the need for expanding existing facilities or constructing new facilities to support implementation of the alternative.

(5) In addition, the evaluation shall include, but not be limited to, the following:

(A) a discussion of the consistency of each alternative with applicable local policies, plans, and ordinances based upon local conditions;

(B) a discussion of any institutional barriers to local implementation of each alternative;

(C) an estimate of the costs related to the implementation of each alternative being evaluated for the short-term and medium-term planning periods; and

(D) a discussion of the availability of local, regional, state, national, and international end-uses for the materials which would be diverted through implementation of each alternative being considered.

(6) effectiveness in reducing either the volume or weight of HHW generated.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Sections 41500 and 41510, Public Resources Code.


Section 18751.4. Selection of Household Hazardous Waste Program.

(a) The HHW element shall identify and describe the diversion alternatives which have been selected for the jurisdiction's HHW program, including existing diversion alternatives, expansion of existing diversion alternatives, and new diversion alternatives, which will be implemented to meet the goals and objectives of the element. This selection shall be based upon the evaluations conducted pursuant to section 18751.3 of this Article. The program description shall include, but not be limited to, the following:

(1) a discussion of each diversion alternative selected for the program identifying why the alternative was selected for implementation. This discussion shall be based upon the data compiled in the solid waste generation study conducted pursuant to Article 6.1, of this Chapter; information contained in the solid waste generation analysis required by section 18732 of Article 6.2; and the evaluation conducted pursuant to section 18751.3 of this Article.

(2) as applicable to the element, a listing of the anticipated local, regional, state, national, and/or international end-uses for diverted materials based upon the evaluation of the diversion alternatives required by section 18751.3(b)(5)(D) of this Article;

(3) as applicable to the element, a description of the proposed methods for handling and disposal which may be necessary to implement the selected program; and

(4) a description of any facilities to be utilized for the implementation of the program which section 18751.2 of this Article has shown must be expanded or built to support implementation of the selected program identified in Section 18751.3 of this Article.

(b) In addition to the above requirements, the program description shall include the following:

(1) an identification of the types and quantities of household hazardous wastes anticipated to be collected, recycled, and/or disposed through proposed programs using household hazardous waste categories contained in form CIWMB-303 "Household Hazardous Waste Collection Information for Fiscal Year --/--" (5/95), which is incorporated herein by reference(See Appendix A.):

(A) where applicable, specification of the targeted Public participation goals by Percent of the Population of the affected jurisdiction for each Preferred program alternative;

(2) a description of recycling and/or reuse efforts to be used in conjunction with a proposed household hazardous waste program;

(3) a description of all proposed cooperative and/or multi-jurisdictional household hazardous waste program implementation efforts/actions/activities in which the jurisdiction intends to participate.

Note:

Authority cited: Sections 40502, Public Resources Code and Section 25218.10, Health and Safety Code.
Reference: Sections 41500, 41510, and 41750, Public Resources Code.


Section 18751.5. Implementation of Household Hazardous Waste Program.

(a) The element shall contain a program implementation schedule that includes, but is not limited to, the following:

(1) identification of government agencies and divisions thereof, organizations, and/or persons responsible for implementation of the selected program;

(2) identification of the tasks necessary to implement the selected program; and,

(3) identification of a short-term and medium-term planning period implementation schedule addressing each task identified in paragraph (a)(2) of this section which specifies the date each task will be completed.

(b) The jurisdiction may use technical assistance, program guidelines, and model operation plans, provided by the Board, for community household hazardous waste collection programs in the implementation of its household hazardous waste program.

Note:

Authority cited: Sections 40502, Public Resources Code.
Reference: Sections 41500, 41510, 47100 through 47106, and 41750, Public Resources Code.


Section 18751.6. Monitoring and Evaluation.

The element shall contain an explanation of how the program is to be monitored and evaluated as follows:

(a) identify the methods chosen from (b) of this section, which are being used to monitor achievement of the jurisdiction's objectives, as described in Section 18751.1, including but not limited to, the success in reducing or eliminating household hazardous waste.

(b) each jurisdiction shall use one or more of the following methods to monitor and evaluate the diversion objectives achieved within the jurisdiction:

(1) a Waste Generation Study consistent with the waste generation study prepared under section 18722, of Article 6.1 of this Chapter;

(2) targeted solid waste characterization studies involving all or a representative sample of solid waste landfill facilities, used by a jurisdiction, to measure changes in the volume, weight and hazard of specific materials, with adjustments or shifts in household hazardous waste generation resulting from source reduction;

(3) an assessment of any changes in the design, production, distribution, sale, and/or use of selected products and packages which affect household hazardous waste generation;

(4) monitoring of accurately maintained records of the volumes and types of HHW collected; or,

(5) another method for which prior written approval has been given by the Board.

(c) Each jurisdiction shall provide the following information based upon the specific monitoring and evaluation methods selected for each program:

(1) written criteria for evaluating the program's effectiveness;

(2) identification of agencies or divisions thereof, organizations, and/or persons responsible for the program's monitoring, evaluation, and reporting;

(3) identification of known monitoring and evaluation funding requirements, revenues, and revenue sources; and

(4) identification of measures to be implemented if monitoring shows a shortfall in the attainment of the objectives of the element. Such measures may include, but are not limited to, provisions for:

(A) increasing the frequency of program monitoring and review,

(B) modification of the objectives, or,

(C) modification of the Program to increase its effectiveness.

Note:

Authority cited: Sections 40502, Public Resources Code.
Reference: Sections 41500 and 41510, Public Resources Code.


Section 18751.7. Education and Public Information.

(a) Objectives. The education and public information section of the element shall include a statement of educational and informational objectives for the short-term and medium-term planning periods.

(b) Existing program description. A description of all known existing educational and public information programs and activities within the jurisdiction which promote the source reduction, reuse, recycling and safe disposal of household hazardous waste shall be included.

(c) Identification of Preferred Alternatives. The public information and education section shall list the preferred alternatives both existing and proposed which will be maintained or implemented in the short and medium term Planning Periods to achieve the objectives of this section.

(d) Program implementation. A program implementation discussion which includes the following shall be submitted:

(1) identification of community audiences to be targeted in educational and public information programs;

(2) identification of those agencies or divisions thereof, organizations, and/or persons responsible for implementation;

(3) identification of the required implementation tasks;

(4) short-term and medium-term implementation schedules for tasks listed in (3) above;

(5) identification of all public and private program implementation costs, revenues, and revenue sources necessary for program implementation; and,

(6) public information and education alternatives to promote the use of safer substitute products or practices in households.

(e) Monitoring and evaluation. The section shall:

(1) identify the methods to be used to measure achievement of the education and public information objectives identified pursuant to section (a), above;

(2) establish written criteria by which to evaluate program effectiveness;

(3) identify agencies or divisions thereof, organizations, and/or persons responsible for program monitoring, evaluation, and reporting;

(4) identify monitoring and evaluation funding requirements, revenues, and revenue sources;

(5) identify measures to be implemented if monitoring performed pursuant to section 18751.6 (a) of this Article shows a shortfall in the attainment of the household hazardous waste disposal objectives; and

(6) establish a program monitoring and reporting schedule.

Note:

Authority cited: Sections 40502, Public Resources Code.
Reference: Sections 41500 and 41510, Public Resources Code.


Section 18751.8. Funding.

(a) The jurisdiction shall demonstrate that there is sufficient funding and allocation of resources for:

(1) program planning and development;

(2) implementation of programs in order to comply with the requirements of sections 41500 and 41510 of the Public Resources Code.

(b) The funding section shall provide cost estimates for element programs scheduled for implementation in the short-term planning period, as follows:

(1) The funding section shall identify revenue sources sufficient to support the element programs.

(2) The funding section shall identify sources of contingency funding for element programs in the event that preferred revenue resources are insufficient.

(c) The funding section shall include a table which summarizes Program implementation costs, including public and private costs, revenues, and revenue sources necessary for implementation of the selected program.

Note:

Authority cited: Sections 40502, Public Resources Code.
Reference: Sections 41500 and 41510, Public Resources Code.


Article 6.4 Nondisposal Facility Element

Section 18752. Scope.

(a)The Nondisposal Facility Element (NDFE) shall identify the nondisposal facilities to be used by a jurisdiction to assist in reaching the diversion mandates of Public Resources Code Section 41780.

(b) The NDFE shall include the items identified in Sections 18752 through 18754.5 of this chapter.

(c) For the purpose of this Article, a nondisposal facility is any solid waste facility required to obtain a permit pursuant to Article 1 (commencing with Section 44001) Chapter 3, Part 4 of the Public Resources Code, except a disposal facility or a transformation facility.

(d) The NDFE should reflect information available to a jurisdiction at the time of the development of the document. The NDFE may also contain additional information as determined by a jurisdiction.

(e) A jurisdiction may include other facilities not defined as nondisposal facilities (i.e. recycling centers, drop-off centers, household hazardous waste facilities, etc.).

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Sections 41732 and 41733, Public Resources Code.


Section 18753. Description of Nondisposal Facilities within a Jurisdiction.

The NDFE shall identify all existing, expansion of existing, and proposed nondisposal facilities located within a jurisdiction which recover for reuse or recycling at least five percent of the total volume of material received by the facility.

(a) Each facility description shall include, but is not limited to:

(1) type of facility;

(2) facility capacity;

(3) anticipated diversion rate or expected diversion rate from the total amount of the waste that the facility receives; and,

(4) participating jurisdictions.

(b) Each facility location description may include, but is not limited to:

(1) address of the facility; or,

(2) description of the general area, (include a land use map, zoning map, or other type of planning map).

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Sections 41730, 41731, 41732, 41733, and 41750.1, Public Resources Code.


Section 18753.5. Description of Nondisposal Facilities outside a Jurisdiction

The NDFE shall identify all existing, expansion of existing, and proposed nondisposal facilities which a jurisdiction, plans to utilize, but which are not located within the jurisdiction, and which recover for reuse or recycling at least five percent of the total volume of material received by the facility.

(a) Each facility description shall include, but is not limited to:

(1) type of facility;

(2) estimated amount of the waste the jurisdiction will transport to the facility;

(3) anticipated diversion rate or expected diversion rate from the total amount of the waste that the facility receives; and,

(4) location of facility.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Sections 41730, 41731, 41732, 41733, and 41750.1, Public Resources Code.


Section 18754. Description of Transfer Stations within a Jurisdiction.

The NDFE shall identify existing, expansion of existing, and proposed transfer stations located within a jurisdiction, which recover less than five percent of the volume of materials received for reuse or recycling.

(a) Each facility description shall include, but is not limited to:

(1) name of facility; and;

(2) participating jurisdictions;

(3) facility capacity.

(b) Each facility location description may include, but is not limited to:

(1) address of the facility; or,

(2) description of the general area, (include a land use map, zoning map, or other type of planning map).

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Sections 41730, 41731, 41732, 41733, and 41750.1, Public Resources Code.


Section 18754.5. Description of Transfer Stations outside a Jurisdiction<

The NDFE shall identify existing, expansion of existing, and proposed transfer stations to be used by a jurisdiction but not located within the jurisdiction, which recover less than five percent of the volume of materials received for reuse or recycling.

(a) Each facility description shall include, but is not limited to:

(1) name of facility; and,

(2) location of facility.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Section 41730, 41731, 41732, 41733,and 41750.1, Public Resources Code.


Article 6.5. Siting Elements

Section 18755. General Requirements.

(a) The Siting Element shall demonstrate that there is a countywide or regionwide minimum of 15 years of combined permitted disposal capacity through existing or planned solid waste disposal and transformation facilities or through additional strategies.

(b) The Siting Element shall describe and identify the areas, numbers and types of new solid waste disposal and transformation facilities, as well as the expansion of existing solid waste disposal and transformation facilities necessary to provide a minimum of 15 years of combined permitted disposal capacity.

(c) If the requirements of subdivision (b) of this section cannot be demonstrated, then strategies shall be discussed for the transformation, disposal, or diversion of excess waste.

(d) The Siting Element shall include the items identified in sections 18755.1 through 18756.7 of this article.

(e) A "Siting Element" may be prepared by a regional agency when the regional agency is composed of two or more counties and all incorporated cities of those counties.

(f) For the purposes of this article, "countywide" shall be defined as including the incorporated cities within the county and the unincorporated areas of the county. For purposes of this article, "county" shall include the Board of Supervisors as the legislative and executive body of county government, and any designated agency responsible for solid waste management.

(g) For the purposes of this article, "regionwide" shall be defined as including the member agencies of the regional agency. For the purposes of this article, a "regional agency" shall be the governing entity created by a voluntary agreement between cities and counties for the purpose of complying with Part 2 of Division 30 of the Public Resources Code. A city or county which is a party to such an agreement shall be considered a "member agency" of the regional agency. A regional agency may authorize one district, as defined in subdivision (a) of Section 41821.2 of the Public Resources Code, to include as a member of the regional agency.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Sections 40900, 40970-40972, 40977, 41700-41721, 41750.1, and 41821.2, Public Resources Code.


Section 18755.1. Goals and Policies.

(a)The Local Task Force (LTF) shall develop goals, policies, and procedures to provide guidance to the county to prepare the Siting Element. Based upon this guidance, the Siting Element shall include a statement on the goals and policies established by the county.

(b)The LTFs of each county, which are member agencies of a regional agency formed pursuant to section 18776(b)(3) of this chapter, shall develop goals, policies, and procedures to provide guidance to the regional agency to prepare the Siting Element. Based upon this guidance, the Siting Element shall include a statement on the goals and polices of the regional agency.

(c) The goals shall be consistent with the mandates of Public Resources Code section 40051. The goals shall describe the method for the environmentally safe disposal of solid waste generated within the boundaries of the county and regional agency.

(d) The policies shall specify any programs, regulatory ordinances, actions, or strategies that may be established to meet the goals described in subdivision (c) of this section and to assist in the siting of solid waste disposal facilities. An implementation schedule shall be included which identifies tasks necessary to achieve each selected goal.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Sections 40950(d), 41700, and 41701(a), Public Resources Code.


Section 18755.3. Disposal Capacity Requirements.

(a) Each county and the regional agency, with assistance from the Local Task Force, shall include documentation in the Siting Element of the following information:

(1) the January 1, 1990 disposal capacity in cubic yards and in tons established pursuant to CCR 18777(b);

(2) the existing disposal capacity in cubic yards and in tons in the year the Siting Element is prepared; and

(3) the disposal capacity in cubic yards and in tons in any year the Siting Element is revised.

(b) The anticipated disposal capacity needs shall be described in cubic yards and tons, on an annual basis and aggregated for a minimum 15-year period, beginning with the year in which the Siting Element is prepared, and any year the Siting Element is revised.

(c) Area(s) shall be selected where solid waste disposal facilities are envisioned to be expanded or sited and constructed for the purpose of meeting a required minimum of 15 years of combined permitted disposal capacity. Each county and regional agency shall consider the following in determining the areas where solid waste disposal facilities are planned to be expanded or sited and constructed:

(1) the total amount of solid waste generated, expressed in cubic yards and in tons for volumetric capacity for the required 15-year period;

(2) the existing remainder of combined permitted disposal capacity in cubic yards and in tons for the required 15-year period; and

(3) an estimation of the total disposal capacity in cubic yards and in tons needed to meet a minimum of 15 years of combined permitted disposal capacity.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Sections 41701(b),(c) and (d), and 41791, Public Resources Code.


Section 18755.5. Description of Existing Solid Waste Disposal Facilities

(a) The Siting Element shall include an identification of each permitted solid waste disposal facility located countywide and regionwide. The description shall include, but not be limited to, the following information for each facility:

(1) the name of the facility and the name of the facility owner and operator;

(2) the facility permit number, permit expiration date, date of last permit review, and an estimate of remaining site life, based on remaining disposal capacity;

(3) the maximum permitted daily and yearly rates of waste disposal, in tons and cubic yards;

(4) the average rate of daily waste receipt, in tons and cubic yards;

(5) the permitted types of wastes; and,

(6) the expected land use for any site being closed or phased out within the 15-year planning period.

(b) The Siting Element description shall include a map showing each existing permitted solid waste disposal facility countywide and regionwide. The map shall be drawn to scale and the scale legend included on the map sheet. The type of map may be a 7.5 or 15 minute USGS quadrangle.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Section 50001, Public Resources Code.


Section 18756. Criteria for Establishing New or for Expanding Existing Solid Waste Disposal Facilities.

(a) To establish a new solid waste disposal facility or to expand an existing solid waste disposal facility, the county and regional agency shall describe the criteria to be used in the siting process for each facility. The criteria shall include, but not be limited to, a description of the major categories of Environmental Considerations, Environmental Impacts, Socioeconomic Considerations, Legal Considerations, and additional criteria as developed by the county, cities, regional agency and member agencies. The following are examples of criteria that may be considered within those major categories:

(1) Environmental Considerations (for example: geology and soils including faulting and seismicity, ground settlement, surface hydrology and ground water, quantity and quality of ground water, surface water, surface water contamination, drainage patterns, etc.);

(2) Environmental Impacts (for example: air quality including climatic and meteorological conditions and emissions, visibility, cultural resources including regional setting, inventory and significance, paleontological resources including inventory and significance, vegetation, and wildlife, etc.);

(3) Socioeconomic considerations (for example: transportation including local and regional transportation systems, highways and major roadway corridors, rail transportation and corridors, land use including regional and local land uses such as military use, mineral extraction, agriculture, recreation/tourism, compatibility with existing and future land uses, consistency with county general plan(s) and future post-closure uses, economic factors ncluding estimates of development costs and operational costs, etc.);

(4) Legal considerations (for example: federal, state, and local minimum standards and permits, liabilities, and monitoring, etc.);

(5) Additional criteria as may be included by the county, cities, regional agency and member agencies approving the Siting Element.

(b) The Siting Element shall describe the process instituted countywide or regionwide to confirm that the criteria set forth in (a)(1-5) of this section are included as part of the solid waste disposal facility siting process.

(c) The countywide Siting Element shall be approved by the county and the cities as described in Public Resources Code section 41721. The regionwide Siting Element shall be approved by the regional agency as described in section 18783(c) of this chapter. The Siting Element shall include: a resolution from each jurisdiction and member agency approving or disapproving of the Siting Element or any proposed amendment to the element; and a record of any jurisdiction or member agency failing to act upon the Siting Element.

(d) No solid waste disposal facility in the Siting Element shall be established that does not satisfy the minimum criteria that are adopted in the Siting Element pursuant to section 18756(a) of this article.

(e) A solid waste disposal facility not described within the Siting Element shall not be established unless an amendment to the Siting Element has been approved identifying and describing the facility, and the date of its inclusion in the element pursuant to PRC section 41721.5.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Sections 41700, 41701, 41702, 41704, and 50001, Public Resources Code.


Section 18756.1. Proposed Facility Location and Description.

(a) The Siting Element shall include a description of each proposed new solid waste disposal facility and a description of each proposed expansion of an existing solid waste disposal facility for each county and regional agency included in the Siting Element which complies with the criteria identified in Section 18756 of this article. The description shall include the type of facility, location, size, volumetric capacity of the facility expressed in cubic yards and in tons, life expectancy (years), expansion options of the existing or proposed facility, and post-closure uses.

(1) Each Siting Element shall include one or more maps indicating the location of each proposed solid waste disposal facility and adjacent and contiguous parcels. The map(s) shall be drawn to scale and include the scale on the map sheet. The type of map(s) may be a 7.5 or 15 minute USGS quadrangle.

(b) A description shall be provided in the Siting Element of how each proposed solid waste disposal facility contributes to and maintains for each county or regional agency included in the Siting Element the minimum of 15 years of combined permitted disposal capacity as described in CCR 18755(a) of this article and is consistent with the diversion goals of Public Resources Code section 41780.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Sections 41700, 41701, 41702, 41704 and 41780, Public Resources Code.


Section 18756.3. Consistency with City and County General Plans for New or Expanded Solid Waste Disposal Facilities.

(a) Reserved areas for proposed new or the expansion of existing solid waste disposal facilities shall be identified in the Siting Element. Verification shall be made that the expanded or proposed facilities are located in areas where the land use is designated or authorized for solid waste disposal facilities and that the areas are consistent with the applicable city and county general plans. Verification of general plan consistency shall include a resolution, notarized statement, or affidavit from each applicable city and the county. Proposed areas that are consistent with the current city and county general plans shall be reserved pursuant to the requirements of Public Resources Code sections 41702 and 41720.

(b) Proposed areas that are not situated in, coextensive with, or adjacent to an area authorized for land use as a solid waste disposal facility, within an applicable city and county general plan, may be "tentatively reserved" for future or expanded solid waste disposal facilities. Proposed areas that are inconsistent with applicable city and county general plans shall be tentatively reserved pursuant to the requirements of Public Resources Code sections 41710 through 41712.

(c) Proposed areas included in the Siting Element may be identified as "tentatively reserved" in the initial filing of a Countywide and Regionwide Integrated Waste Management Plan, as determined by Public Resources Code section 41791. However, by the first five-year revision of the Countywide and Regionwide Integrated Waste Management Plan all areas identified to assure the minimum of 15 years of combined permitted disposal capacity as described in CCR 18755(a) of this article must meet the requirements of Public Resources Code section 41702.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Sections 41702, 41704, 41710-41712 and 41720, Public Resources Code.


Section 18756.5. Strategies for Disposing of Solid Waste in Excess of Capacity When New or Expanded Sites are not Available.

(a) The Siting Element shall provide an analysis describing the reasons why there are no available locations for establishing new or expanding existing solid waste disposal facilities within each county or regional agency included in the Siting Element. This analysis shall include a determination of whether the inability to establish new or to expand existing solid waste disposal facilities is due to the lack of locations with the appropriate physical or environmental site characteristics or because of other considerations; and,

(b) If new or expandable solid waste disposal facilities are not available, or are not sufficient to meet countywide or regionwide needs, each county and regional agency shall include strategies for disposing of solid waste. The discussion of strategies shall include, but is not limited to, the following:

(1) A description of the types (residential, commercial, industrial, and special) and quantities in cubic yards and in tons of waste in excess of remaining volumetric capacity of existing solid waste disposal facilities;

(2) A description of the diversion or export programs which will be implemented to safely handle and divert or dispose of excess solid waste. The description shall identify the existing solid waste disposal facilities, including those outside of the county or regional agency, that will be used to implement these strategies. The description shall document how the proposed programs shall provide the county or regional agency with sufficient disposal capacity to meet the required minimum of 15 years of combined permitted disposal capacity as described in CCR 18755(a) of this article.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Section 41703, Public Resources Code.


Section 18756.7. Siting Element Implementation.

(a) The Siting Element shall include, but not be limited to, the following:

(1) identification of local government agencies, Local Task Forces, regional agencies, organizations, and any others, responsible for implementing the countywide or regionwide solid waste disposal facility siting program;

(2) implementation schedules addressing each task identified in Section 18755.1(d) for a minimum of 15 years beginning with the year in which the element is prepared; and,

(3) identification of revenue sources sufficient to support the administration and maintenance of the countywide or regionwide solid waste disposal facility siting program.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Sections 40900 and 41700, Public Resources Code.


Article 6.6. Countywide and Regional Agency Integrated Waste Management Plans

Section 18757. General Requirements.

(a) The Countywide Integrated Waste Management Plan (CIWMP) shall include the following:

(1) for a county with no regional agency within its boundaries, the Source Reduction and Recycling Elements (SRREs), Household Hazardous Waste Elements (HHWEs), and Nondisposal Facility Elements (NDFEs) for the county and each city within the county, and the Siting Element and Summary Plan;

(2) for a county composed of one or more regional agencies:

(A) a SRRE, HHWE, and NDFE for each city that is not a member agency of the regional agency and for the county if it is not a member agency of the regional agency;

(B) a SRRE, HHWE, and NDFE for each city that is a member agency of the regional agency and for the county if it is a member agency of the regional agency, or the SRRE, HHWE, and NDFE for the regional agency, if the regional agency has elected to prepare one or more of these as regional documents; and

(C) a countywide Siting Element and Summary Plan.

(b) The Regional Agency Integrated Waste Management Plan (RAIWMP) shall include the following:

(1) for a regional agency composed of two or more counties and all of the cities within those counties, either:

(A) a SRRE, HHWE, and NDFE for each city and county which are member agencies of the regional agency and the Siting Element and Summary Plan for each county; or

(B) a SRRE, HHWE, NDFE, Siting Element, and Summary Plan for the regional agency.

(2) for a regional agency composed of more than one county, but which does not encompass all of the cities within those counties, a SRRE, HHWE, and NDFE for the regional agency;

(3) for a regional agency composed of more than one county, and which includes all of the cities and the unincorporated area within at least one of those counties, but not all of the cities within the other county(ies), a SRRE, HHWE, and NDFE for the regional agency, a Siting Element and Summary Plan for each county that is wholly encompassed by the regional agency.

(c) The Summary Plan shall include the items identified in sections 18757.1 through 18758 of this article.

(d) For the purposes of this article, "countywide" shall be defined as including the incorporated cities within the county and the unincorporated areas of the county. For purposes of this article, "county" shall include the Board of Supervisors as the legislative and executive body of county government, and any designated agency responsible for solid waste management.

(e) For the purposes of this article, "regionwide" shall be defined as including the member agencies of a regional agency. For the purposes of this article, "Regional Agency" shall be the governing entity created by a voluntary agreement between cities and counties to carry out the mandates of Public Resources Code section 41780. A city or county which is party to such an agreement shall be considered a "member agency" of the Regional Agency. A regional agency may authorize one district, as defined in subdivision (a) of Section 41821.2 of the Public Resources Code, to include as a member of the regional agency.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Sections 40977, 41750-41760, and 41821.2, Public Resources Code.


Section 18757.1. Goals and Objectives.

The Local Task Force (LTF) shall develop goals, policies, and objectives to provide guidance to the county or regional agency in coordinating countywide and regionwide diversion programs, marketing strategies, and disposal strategies for the medium-term planning (1996-2000) period. Based upon this guidance, the Summary Plan shall include a statement on the goals, policies, and objectives established by the county or regional agency.

(a) The goals shall be consistent with the mandates of Public Resources Code section 40051. The goals shall express plans for integrating strategies aimed towards reducing, diverting, marketing, and safely handling and disposing of all solid waste generated countywide or regionwide.

(b) The Summary Plan shall identify policies within the Source Reduction and Recycling Elements and Household Hazardous Waste Elements that facilitate the reduction of solid waste for incorporated cities and the unincorporated area of the county or the regional agency.

(c) The Summary Plan shall contain specific objectives for achievement of the goals stated in subdivision (a) of this section. These objectives shall allow for measurements of progress made toward achieving the goals by including an implementation schedule which identifies specific tasks and milestones necessary to achieve each objective.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Sections [add section numbers here], Public Resources Code.


Section 18757.3. County and Regional Agency Profile and Plan Administration.

The Summary Plan shall include:

(a) A general countywide or regionwide description including, but not limited to, topography, major roadways, city boundaries, and climate.

(b) A summary of important demographic data, including, but not limited to, population, ethnicity, average age and income of the citizens, housing, seasonal demographic fluctuations, and transportation patterns.

(c) A description of the governmental solid waste management infrastructure, including all local jurisdiction waste management entities, solid waste management authorities or districts, and any other regional agencies responsible for countywide or regionwide waste handling and/or disposal.

(d) An identification of the entity(ies) responsible for the following Plan-related functions: public information; budgeting; implementation of a solid waste management program; and, administration (such as maintenance, revision, and coordination of Plan-related documents).

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Section 41751, Public Resources Code.


Section 18757.5. Description of Current Solid Waste Management Practices.

The Summary Plan shall describe the current or most recent countywide or regionwide solid waste management practices.

(a) The Summary Plan shall contain a description of all factors affecting the current collection, removal, and disposal of solid wastes. This description shall include, but not be limited to:

(1) service areas;

(2) designation of territories served through franchises, permits, contracts, or governmental services;

(3) quantity of waste collected in each jurisdiction of the CIWMP or RAIWMP area (tons and cubic yards per day/year);

(4) a description of storage and transportation needs and existing and anticipated methods for handling materials targeted for recycling;

(5) final destination of collected wastes (e.g., landfill, transformation, exportation), by quantity (tons and cubic yards).

(b) The Summary Plan shall identify all permitted solid waste facilities located countywide or regionwide. This description shall include, but not be limited to, the following information:

(1) Facility name and location; and

(2) A map showing existing permitted solid waste facilities countywide or regionwide. The map should be drawn to scale and the scale and legend included on the map sheet. The map may be a 7.5 or 15 minute USGS quadrangle.

(c) The Summary Plan may include a description of waste diversion facilities located countywide or regionwide that are exempt or have received an exclusion from a solid waste facilities permit, to the extent practicable. For each facility this description should include:

(1) the reason for exemption or exclusion;

(2) the estimated amount and type of material recovered/processed; and,

(3) the operator(s) and owner(s).

(d) The Summary Plan shall include, for countywide or regionwide programs, a description of Recycling Market Development Zones, and applicable strategies for processing and/or marketing secondary materials, including forming regional secondary materials marketing associations and joining associations outside the jurisdictional boundaries. The description shall discuss the county's or regional agency's role in developing markets.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Section 41751, Public Resources Code.


Section 18757.7. Summary of Source Reduction and Recycling Elements, Household Hazardous Waste Elements and Nondisposal Facility Elements.

The Summary Plan shall:

(a) Summarize the types of programs planned in the Source Reduction and Recycling Elements by component from all the jurisdictions. This summary shall include, but is not limited to, the following:

(1) a listing and description of the planned and current diversion programs;

(2) a listing and identification of all planned contingency programs and measures; and

(3) a listing of targeted materials and marketing strategies, by program.

(b) Summarize the types of programs planned in the Household Hazardous Waste Elements from all jurisdictions. This summary shall include, but is not limited to, the following:

(1) a listing and identification of all planned and contingency programs and measures; and

(2) a listing of targeted materials and marketing strategies, by program.

(c) List the types and numbers of facilities planned in the Nondisposal Facility Elements from all jurisdictions and identify which jurisdictions are served by or use the facility(ies).

(d) Describe the coordination or consolidation of programs identified in subdivisions (a) and (b) of this section to include the following:

(1) identification and description of programs that were coordinated or consolidated and those programs that may be coordinated or consolidated in the future into countywide or regionwide programs; and

(A) implementation schedules for the coordination or consolidation of individual jurisdiction's programs into countywide or regionwide programs.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Section 41751, Public Resources Code.


Section 18758. Countywide and Regional Agency Integrated Waste Management Plan Financing.

The Summary Plan shall:

(a) Provide cost estimations for the countywide or regionwide programs and facilities scheduled for implementation and use.

(b) Summarize funding sources and allocation of revenues for all program and facility planning and implementation tasks identified in the Summary Plan.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Section 41751, Public Resources Code.

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