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

2. 2 Planning, Implementation and AB 939 Compliance zOverview of Process yIntegrated Waste Management Act of 1989 yPlanning Documents xSource Reduction & Recycling Element (SRRE) xHousehold Hazardous Waste Element (HHWE) xNondisposal Facility Element (NDFE) xSiting Element and Summary Plan (SE & SP) yAnnual Reporting yBiennial Review yCompliance/Non-Compliance

3. 3 Integrated Waste Management Act of 1989 zThe 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. 4 Integrated Waste Management Act of 1989 zCities and counties may request Board approval as a “Regional Agency” for purposes of annual reporting and meeting diversion goal. zRural jurisdictions can petition for permanent goal extensions and/or goal reductions. zPrior 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. 5 California Jurisdictions zCurrently over 530 total jurisdictions in California zAs of 2004 Annual Report: y424 reporting jurisdictions y26 Regional Agencies (RAs) y10 jurisdictions have rural reductions y107 jurisdictions have SB 1066 time extensions (ending in 2005)

6. 6 Jurisdiction Planning Documents zEach Jurisdiction (city, county & regional agency) ySource Reduction & Recycling Element (SRRE) yHousehold Hazardous Waste Element (HHWE) yNondisposal Facility Element (NDFE)

7. 7 Source Reduction and Recycling Element (SRRE) zEach jurisdiction was required to develop a Source Reduction and Recycling Element (SRRE) demonstrating how they would achieve the mandated diversion goals. yCurrent Programs ySelected Programs yTimelines yMonitoring & Evaluation yFunding, etc.

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

9. 9 Household Hazardous Waste Element (HHWE) zEach 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. 10 Nondisposal Facility Element (NDFE): zFinally, 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. 11 Countywide Planning Documents zCountywide Siting Element (SE) – identifies disposal facilities used by all jurisdictions within the county and identifies at least 15 years disposal capacity zCountywide Summary Plan (SP) – summarizes AB 939 planning documents for each county

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

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

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

15. 15 5-Year Review of Planning Documents zEach 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. xSRRE xHHWE xNDFE xSE xSP

16. 16 Jurisdiction Annual Reports zJurisdictions are required to submit annual reports (ARs) outlining their progress in meeting the mandated diversion goals. (PRC, Section 41821(f)) yDiversion program implementation yDiversion rate calculation zFirst ARs submitted were for 1995

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

18. 18 Jurisdiction Annual Reports zTimeline: yStatute requires every jurisdiction to submit an annual report, due August 1 st following each reporting year. yCIWMB 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. 19 Annual Report Submittals 2004 2005 2006 Statute Due Date: August 1 Extended due date to March 1, 2006

20. 20 Board’s Biennial Review zBoard conducts an independent review of each jurisdiction's progress in implementing its SRRE and HHWE zOccurs at least once every two years zBoard also reviews the jurisdiction's progress toward meeting and maintaining the 50% diversion requirements of AB 939

21. 21 Board’s Biennial Review zWhat does the Board consider in the Biennial Review? yDid the jurisdiction implement planned diversion programs? xIf not, why? Did they implement an alternative program? yWhat are the jurisdiction's diversion rates? yAre these rates supported by the jurisdiction’s program implementation?

22. 22 Biennial Review (BR) Agenda Items 2 0 0 4 2 0 0 3 2 0 0 5 2006 Anticipated BR Agenda Items Sept 2006 2004 Annual Reports Due

23. 23 Board’s Biennial Review zWhat documentation is used in the Biennial Review? ySRRE and HHWE yAnnual reports yDisposal reporting information yPetitions for time extensions or reduced diversion requirements yPrevious agenda items yCorrespondence with the Board ySubmitted additional information

24. 24 Biennial Review zCompliance with AB 939 consists of both diversion program implementation (i.e., Were SRRE selected programs implemented?) and meeting the diversion goal. zMeeting 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. 25 CIWMP Enforcement Policy Part II zOn August 14, 2001, the Board approved the revision to Part II of the CIWMP enforcement policy. zPolicy applied case-by-case

26. 26 CIWMP Enforcement Policy Part II zIdentifies: yCriteria used to determine whether jurisdictions have implemented their SRREs and HHWEs yMechanisms the Board and jurisdictions use to achieve compliance with implementation mandates yThe structure of penalties that may be imposed on jurisdictions failing to implement their SRREs and HHWEs

27. 27 CIWMP Enforcement Policy (Four Criteria/Scenarios) zImplementing All or Most Programs and Meeting Diversion Rate zImplementing Some/All Programs, but Not Meeting Diversion Requirements zImplementing a Small Number of Programs and Meeting Diversion Requirements zNot Implementing Programs and Not Meeting Diversion Requirements

28. 28 Good Faith Effort zGood 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) zIn determining whether a jurisdiction has made a good faith effort, the Board shall consider the enforcement criteria included in its adopted enforcement policy.

29. 29 Board’s Biennial Review Outcomes zWhat are the possible outcomes of a biennial review? y Board Approval – In Compliance (>50%) y Board Approval - "Good Faith Effort" (below 50%) y Compliance Order (CO) xFine

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

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

32. 32 Compliance Orders zIf 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). yIdentifies specific steps and schedule/timeline for achieving compliance yIncludes diversion program gap assessment yDevelopment of Local Assistance Plan (LAP)

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

34. 34 Summary zIntegrated Waste Management Act of 1989 zPlanning Documents zAnnual Reporting zBiennial Review zCompliance/Non-Compliance

35. 35 Questions