SECTIONS 40970-40977 - California Statutes

PUBLIC RESOURCES CODE

SECTION 40970-40977

40970. It is the intent of the Legislature in enacting this article
to authorize cities and counties to form regional agencies to
implement this part in order to reduce the cost of reporting and
tracking of disposal and diversion programs by individual cities and
counties and to increase the diversion of solid waste from disposal
facilities. It is further the intent of the Legislature that this
part be binding upon, and enforceable against, the individual cities
and counties which are member agencies of the regional agency. It is
not the intent of the Legislature in enacting this article to
diminish the responsibility of individual cities and counties to
implement source reduction, recycling, and composting programs as
required by this part.

40971. A city or county may form a regional agency with another
city or county for the purpose of complying with this part. Formation
of the regional agency is voluntary and, except as provided under
Section 40975, shall be subject to the terms and conditions set out
in the agreement pursuant to which the regional agency is formed.

40972. This part is binding upon, and enforceable against, the
individual cities and counties which are member agencies of the
regional agency. However, an agreement adopted pursuant to this
article may apportion responsibilities for the implementation of this
part among the cities and counties which are member agencies of the
regional agency. Nothing in this section is intended to prohibit a
city or county which is a member agency of a regional agency from
preparing and submitting to the board for review and approval a
source reduction and recycling element or household hazardous waste
element.

40973. (a) The regional agency, and not the cities or counties that
are member agencies of the regional agency, may be responsible for
compliance with Article 1 (commencing with Section 41780) of Chapter
6 if specified in the agreement pursuant to which the regional agency
is formed.
(b) Notwithstanding Section 41782, except as provided in
subdivision (c), if a regional agency has been specified in the
regional agency formation agreement as the responsible party for
compliance with Article 1 (commencing with Section 41780) of Chapter
6 of Part 1, neither the regional agency nor any member jurisdiction
of the regional agency shall be eligible for a reduction of the
diversion requirements of Section 41780.
(c) The regional agency may be eligible for a reduction of
diversion and planning requirements if all member jurisdictions of a
regional agency are rural cities or rural counties, as defined,
respectively, in Sections 40183 and 40184.
(d) The regional agency may be eligible for a reduction of
planning requirements if all member jurisdictions of a regional
agency are cities located in both a rural area and a rural county, as
defined in Section 40184, and an unincorporated portion of a county.
(e) (1) If, pursuant to subdivision (a), a regional agency is
specified in the regional agency formation agreement as the
responsible party for compliance with Article 1 (commencing with
Section 41780) of Chapter 6, the regional agency shall not be
comprised of more than two counties and all of the cities within
those two counties, except as otherwise authorized by the board.
(2) The board may authorize the formation of a regional agency
that exceeds two counties and all of the cities within those two
counties, for purposes of compliance with Article 1 (commencing with
Section 41780) of Chapter 6, if the board finds that the formation of
the regional agency will not adversely affect compliance with this
part.

40974. (a) Notwithstanding Section 40972, each city or county that
is a member agency of a regional agency is liable for any civil
penalties that may be imposed by the board pursuant to Section 41813
or 41850. However, an agreement that establishes a regional agency
may apportion any civil penalties between or among the cities or
counties that are member agencies of the regional agency. The total
amount of civil penalties that may be imposed against the regional
agency is equivalent to that amount that is the sum of the penalties
that may be imposed against each city or county that is a member
agency of the regional agency.
(b) (1) An agreement may provide that a city or county is subject
to the portion of a penalty imposed upon a regional agency pursuant
to Section 41850 that is in proportion to the city's or county's
responsibility for failure to implement a source reduction and
recycling element or household hazardous waste element, as determined
by the regional agency.
(2) If an agreement provides for apportioning a penalty pursuant
to paragraph (1), the regional agency shall provide the city or
county with a written notice regarding the city's or county's
responsibility, including the basis for determining the city's or
county's proportional responsibility, and an opportunity for a
hearing before the regional agency's governing body, before assessing
the city or county a proportion of the penalty imposed by the board.
(3) This subdivision does not affect the authority of the board to
impose a penalty pursuant to other provisions of this division.

40975. (a) Any agreement forming a regional agency shall be
submitted to the board for review and approval at the time the
regional agency integrated waste management plan is submitted to the
board for review and approval.
(b) Any agreement forming a regional agency shall, at minimum,
contain all of the following provisions:
(1) A listing of the cities and counties which are member agencies
of the regional agency, and a description of the regional agency,
including the name and address of the regional agency.
(2) Consistent with Section 40974, a description of the method by
which any civil penalties imposed by the board pursuant to Sections
41813 and 41850 will be allocated among the cities or counties which
are member agencies of the regional agency.
(3) A contingency plan which shows how each city or county which
is a member agency of the regional agency will comply with the
requirements of this part, including, but not limited to, Article 1
(commencing with Section 41780) of Chapter 6, in the event that the
regional agency is abolished.
(4) A description of the duties and responsibilities of each city
or county which is a member agency of the regional agency which
demonstrates that the city or county will comply with Article 1
(commencing with Section 41780) of Chapter 6.
(5) A description of source reduction, recycling, and composting
programs to be implemented by the regional agency. Those programs
shall be at least as comprehensive and effective in meeting the
requirements of Article 1 (commencing with Section 41780) of Chapter
6 as those which each city or county which is a member agency of the
regional agency has proposed in its source reduction and recycling
element.
(6) Any other additional element as determined to be needed by the
cities or counties which are member agencies of the regional agency.

40976. A city, county, or regional agency may enter into a
memorandum of understanding with another city, county, regional
agency, agency formed under a joint exercise of powers agreement, or
district established to manage solid waste for the purpose of
preparing and implementing source reduction and recycling elements,
household hazardous waste elements, or a countywide or regional
agency integrated waste management plan.

40977. A regional agency may authorize one district, as defined in
subdivision (a) of Section 41821.2, to be included as a member of the
regional agency.