Sustainability and Market Development Committee

1. Sustainability and Market Development Committee Discussion of Requirements to Consider in Making a Determination of Good Faith Effort for a Jurisdiction's Biennial Review October 11, 2006

2. Integrated Waste Management Act of 1989 • The Integrated Waste Management Act of 1989 (IWMA) requires each city and county in California to implement plans to divert 25 percent of its waste stream by 1995 and 50 percent starting in 2000. [Public Resources Code (PRC), Section 41780] October 11, 2006

3. Source Reduction and Recycling Element (SRRE) • Each jurisdiction was required to develop a Source Reduction and Recycling Element (SRRE) demonstrating how they would achieve the mandated diversion goals. • Current Programs • Selected Programs • Timelines • Monitoring & Evaluation • Funding, etc. October 11, 2006

4. Household Hazardous Waste Element (HHWE) • Each jurisdiction also developed a Household Hazardous Waste Element (HHWE), similar to the SRRE, which identified those programs the jurisdiction would implement to ensure the proper management and handling of household hazardous waste. October 11, 2006

5. Board’sBiennial Review • Board conducts an independent review of each jurisdiction's progress in implementing its SRRE and HHWE • Occurs at least once every two years • Board also reviews the jurisdiction's progress toward meeting and maintaining the 50% diversion requirements of IWMA October 11, 2006

6. Board’sBiennial Review • What does the Board consider in the Biennial Review? • Did the jurisdiction implement planned diversion programs? • If not, why? Did they implement an alternative program? • What are the jurisdiction's diversion rates? • Are these rates supported by the jurisdiction’s program implementation? October 11, 2006

7. Board’sBiennial Review • What documentation is used in the Biennial Review? • SRRE and HHWE • Annual reports • Disposal reporting information • Petitions for time extensions or reduced diversion requirements • Previous agenda items • Correspondence with the Board • Submitted additional information October 11, 2006

8. Biennial Review • Compliance with IWMA consists of both diversion program implementation (i.e., Were SRRE selected programs implemented?) and meeting the diversion goal. • Meeting the diversion goal alone does not indicate compliance with IWMA. The diversion rates must be supported by diversion program implementation (i.e, as selected per SRRE or amended in annual reports). October 11, 2006

9. PRC 41850 Definition "Good faith effort" is shown: when a city, county, or regional agency has made all reasonable and feasible efforts to implement those programs or activities identified in its SRRE or HHWE, or alternative programs or activities that achieve the same or similar results. A jurisdiction will be required to demonstrate to the board its good faith efforts. The board will determine the adequacy of the effort, as described by the city, county or regional agency." October 11, 2006

10. PRC 41850 (con’t.) "Good faith effort" may also be shown: when a jurisdiction provides an evaluation of improved technology for the handling and management of solid waste that would reduce costs, improve efficiency in the collection, processing or marketing of recyclable materials or yard waste, and enhance the ability of the jurisdiction to meet the diversion requirements; and the jurisdiction has submitted a compliance schedule, and has made all other reasonable and feasible efforts to implement the programs identified in its SRRE/HHWE. October 11, 2006

11. PRC 41850 (con’t.) • PRC section 41850 also provides factors that shall be considered in making the "good faith effort" determination: • Natural disasters declared within the jurisdiction. • Budgetary conditions within the jurisdiction that could not remedied by adding or modifying solid waste fees. • Work stoppages that directly prevent a jurisdiction from implementing its SRRE. October 11, 2006

12. PRC 41850 (con’t.) • SB 1066 added the following criteria to those above: • The impact of the failure of federal, state, and other local agencies located within the jurisdiction to implement source reduction and recycling programs in the jurisdiction on the host jurisdiction’s ability to meet the diversion requirements. • Whether the jurisdiction has requested and been granted an extension for meeting, or a reduction in, the diversion requirements. • Other criteria which may be added in future revisions to the Board's enforcement policy, originally adopted on April 25, 1995 (emphasis added) October 11, 2006

13. CIWMP Enforcement PolicyPart II • On August 14, 2001, the Board approved the revision to Part II of the CIWMP enforcement policy. • Policy applied case-by-case October 11, 2006

14. CIWMP Enforcement PolicyPart II • Identifies: • Criteria used to determine whether jurisdictions have implemented their SRREs and HHWEs • Mechanisms the Board and jurisdictions use to achieve compliance with implementation mandates • The structure of penalties that may be imposed on jurisdictions failing to implement their SRREs and HHWEs October 11, 2006

15. CIWMP Enforcement Policy (Four Criteria/Scenarios) • Implementing All or Most Programs and Meeting Diversion Rate • Implementing Some/All Programs, but Not Meeting Diversion Requirements • Implementing a Small Number of Programs and Meeting Diversion Requirements • Not Implementing Programs and Not Meeting Diversion Requirements October 11, 2006

16. Applying CIWMP Enforcement Policy, Part II to a Biennial Review • Illustrative criteria are provided to serve as an example • Not prescriptive and not a "checklist" • Indication of the issues that will be examined • “No intent to mandate that each criterion be adhered to, and that, if not, then a local jurisdiction would be in a "failure" situation. " October 11, 2006

17. Board’s Biennial ReviewOutcomes • What are the possible outcomes of a biennial review? • Board Approval – In Compliance (>50%) • Board Approval - "Good Faith Effort“ • Programs implemented, but below 50%, or • Few programs implemented and >50% • Compliance Order (CO) • Fine October 11, 2006

18. Good Faith Effort Summary • Integrated Waste Management Act of 1989 allows Board approval of a jurisdiction’s “good faith effort” to achieve diversion requirements • Statutory criteria for good faith effort are specified in PRC 41850 • Additional review criteria are included in CIWMP Enforcement Policy, Part II (revised 08/2001) October 11, 2006

19. Questions October 11, 2006