Board Workshop:

1. Board Workshop: Overview Of The Integrated Waste Management Act (IWMA) Waste Management Planning And Review Process

2. Planning, Implementation and AB 939 Compliance • Overview of Process • Integrated Waste Management Act of 1989 • Planning Documents • Source Reduction & Recycling Element (SRRE) • Household Hazardous Waste Element (HHWE) • Nondisposal Facility Element (NDFE) • Siting Element and Summary Plan (SE & SP) • Annual Reporting • Biennial Review • Compliance/Non-Compliance

3. Integrated Waste Management Act of 1989 • The Integrated Waste Management Act of 1989 (AB 939) 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]

4. Integrated Waste Management Act of 1989 • Cities and counties may request Board approval as a “Regional Agency” for purposes of annual reporting and meeting diversion goal. • Rural jurisdictions can petition for permanent goal extensions and/or goal reductions. • Prior to January 1, 2006, all jurisdictions could request Board approval of a time extension or alternative diversion goal lasting until the end of 2005 (SB 1066).

5. California Jurisdictions • Currently over 530 total jurisdictions in California • As of 2004 Annual Report: • 424 reporting jurisdictions • 26 Regional Agencies (RAs) • 10 jurisdictions have rural reductions • 107 jurisdictions have SB 1066 time extensions (ending in 2005)

6. Jurisdiction Planning Documents • Each Jurisdiction (city, county & regional agency) • Source Reduction & Recycling Element (SRRE) • Household Hazardous Waste Element (HHWE) • Nondisposal Facility Element (NDFE)

7. 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.

8. Solid Waste Generation Study (SWGS) • As part of the SRRE, jurisdictions were required to conduct a SWGS to determine the amount and types of solid waste generated (disposal + diversion). • Serves as baseline for future goal measurement • Tool for diversion and disposal planning needs • Jurisdictions can update their SWGS by conducting and submitting a New Base Year (SWGS) study for Board approval.

9. 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.

10. Nondisposal Facility Element (NDFE): • Finally, each jurisdiction was required to prepare a Nondisposal Facility Element, which identifies non-disposal facilities used by the jurisdiction to achieve the diversion goals (i.e., MRFs, composting facilities, transfer stations recovering at least 5% of material).

11. Countywide Planning Documents • Countywide Siting Element (SE) – identifies disposal facilities used by all jurisdictions within the county and identifies at least 15 years disposal capacity • Countywide Summary Plan (SP) – summarizes AB 939 planning documents for each county

12. Planning Documents Due Dates • Most due in mid 1990s • Plans were approved by Board • Newly incorporated cities are required to develop plans for Board approval (SRRE, HHWE and NDFE)

13. Permits and Planning Documents • Board is required to include a “finding of conformance” with plans when considering permits • Landfills – identified and described in SE • Diversion facilities – identified and described in NDFE

14. Updating Plans • SRRE & HHWE programs are updated via the jurisdiction’s Annual Report • SWGS are updated via Board approval in separate agenda item or as part of the Biennial Review • SE, SP & NDFE are updated via Board approval in separate agenda item

15. 5-Year Review of Planning Documents • Each countywide or regional agency integrated waste management plan is required to be reviewed, revised if necessary, and submitted to the Board for approval every five years. • SRRE • HHWE • NDFE • SE • SP

16. JurisdictionAnnual Reports • Jurisdictions are required to submit annual reports (ARs) outlining their progress in meeting the mandated diversion goals. (PRC, Section 41821(f)) • Diversion program implementation • Diversion rate calculation • First ARs submitted were for 1995

17. JurisdictionAnnual Reports • AR information is used to determine compliance with the mandated diversion goals through the biennial review (BR) process. • Board staff reviews ARs to identify program implementation issues and provide technical assistance to jurisdictions • Jurisdiction updates SRRE & HHWE program implementation in AR

18. JurisdictionAnnual Reports • Timeline: • Statute requires every jurisdiction to submit an annual report, due August 1st following each reporting year. • CIWMB has delayed the annual report due date for the past four years as a result of delays in availability of state agency data (used to calculate jurisdictions’ diversion rates).

19. Annual Report Submittals 2004 2005 2006 Statute Due Date: August 1 Extended due date to March 1, 2006

20. 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 AB 939

21. 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?

22. Biennial Review (BR)Agenda Items 2005 2003 2004 2006 2004 Annual Reports Due Anticipated BR Agenda Items Sept 2006

23. 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

24. Biennial Review • Compliance with AB 939 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 AB 939. The diversion rates must be supported by diversion program implementation (i.e, as selected per SRRE or amended in annual reports).

25. 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

26. 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

27. 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

28. Good Faith Effort • Good Faith Effort means all reasonable and feasible efforts by a jurisdiction to implement those programs or activities identified in its SRRE or HHWE, or alternative programs or activities that achieve the same or similar results. (PRC, Section 41850) • In determining whether a jurisdiction has made a good faith effort, the Board shall consider the enforcement criteria included in its adopted enforcement policy.

29. Board’s Biennial ReviewOutcomes • What are the possible outcomes of a biennial review? • Board Approval – In Compliance (>50%) • Board Approval - "Good Faith Effort" (below 50%) • Compliance Order (CO) • Fine

30. SB 1066 Petitions for Extensions/ Alternative Diversion Requirements • Requests included a description of the jurisdiction's good faith effort to implement the programs in SRRE. • Plan of Correction/Goal Achievement Plan outlines programs jurisdiction will implement. • Sunsets January 1, 2006

31. SB 1066 Status • Required submittal of Final Status Reports due March 1, 2006 • Staff review of Jurisdiction’s compliance with the Plan of Correction/Goal Achievement Plan • Staff continues with technical assistance • Compliance Orders

32. Compliance Orders • If after conducting the Biennial Review, the Board finds that a jurisdiction has failed to implement its SRRE or HHWE, the Board issues a Compliance Order (CO). • Identifies specific steps and schedule/timeline for achieving compliance • Includes diversion program gap assessment • Development of Local Assistance Plan (LAP)

33. Fine/Penalty • If jurisdiction fails to adhere to CO requirements (LAP tasks and schedule), then the Board holds a public hearing to consider imposing administrative penalties (fines). • Penalties can be up to $10,000/day

34. Summary • Integrated Waste Management Act of 1989 • Planning Documents • Annual Reporting • Biennial Review • Compliance/Non-Compliance

35. Questions