SECTIONS 41787-41787.5 - California Statutes

PUBLIC RESOURCES CODE

SECTION 41787-41787.5

41787. (a) (1) The board may reduce the diversion requirements of
Section 41780 for a rural city if the rural city demonstrates, and
the board concurs, based on substantial evidence in the record, that
achievement of the diversion requirements is not feasible due to both
of the following conditions:
(A) The small geographic size or low population density of the
rural city.
(B) The small quantity of solid waste generated within the rural
city.
(2) The board may reduce the diversion requirements of Section
41780 for the unincorporated area of a rural county if the rural
county demonstrates, and the board concurs, based on substantial
evidence in the record, that achievement of the diversion
requirements is not feasible due to both of the following conditions:
(A) The large geographic size or low population density of the
rural county.
(B) The small quantity of solid waste generated within the rural
county.
(3) The board may grant a reduction in diversion requirements
pursuant to this subdivision only if the rural city or the rural
county demonstrates to the board, and the board concurs, based on
substantial evidence in the record, that it has, at a minimum,
implemented all of the following programs:
(A) A source reduction and recycling program designed to handle
the predominant classes and types of solid waste generated within the
rural city or rural county.
(B) A public sector diversion and procurement program.
(C) A public information and education program.
(b) If, as part of the review performed pursuant to Section 41825,
the board finds that a rural city or a rural county, which
previously qualified for a reduction in diversion requirements
pursuant to subdivision (a), is no longer eligible for that
reduction, the board shall issue an order requiring the rural city or
rural county to comply with the diversion requirements of Section
41780.

41787.1. (a) Rural cities and rural counties may join to form rural
regional agencies pursuant to Article 3 (commencing with Section
40970) of Chapter 1.
(b) A rural regional agency, and not the rural cities or rural
counties which are member jurisdictions of the rural 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 rural regional agency is formed.
(c) (1) The board may reduce the diversion requirements of Section
41780 for a rural regional agency, if the rural regional agency
demonstrates, and the board concurs, based on substantial evidence in
the record, that achievement of the diversion requirements is not
feasible because adverse market or economic conditions beyond the
control of the rural regional agency prevent it from meeting the
requirements of Section 41780.
(2) Before a rural regional agency may be granted a reduction in
diversion requirements pursuant to paragraph (1), it shall
demonstrate that, at a minimum, it has established all of the
following regionwide programs:
(A) A source reduction and recycling program or programs designed
to handle the predominant classes and types of solid waste generated
within the rural regional agency.
(B) A regional diversion and procurement program or programs.
(C) A regional public information and education program or
programs.
(d) (1) Notwithstanding Section 40974, any civil penalty imposed
on a rural regional agency by the board pursuant to Section 41813 or
41850 shall be imposed only on a member rural city or county that is
in violation of this division as a city or county irrespective of its
membership in the rural regional agency. If a rural regional agency
elects to apportion penalties pursuant to this subdivision, the
member jurisdiction to that rural regional agency shall, as a
condition of the agreement establishing the rural regional agency, be
required to account on an individual jurisdictional basis for their
compliance with the diversion requirements of Section 41780, as
prescribed by Section 41780.2.
(2) In determining whether to impose a penalty on a member of a
rural regional agency pursuant to this subdivision, the board may
consider all of the following:
(A) The relevant circumstances that resulted in the agency's
failure to achieve the diversion requirements of paragraphs (1) and
(2) of subdivision (a) of Section 41780, and whether the member
contributed to the circumstances that resulted in the failure to
achieve the diversion requirements.
(B) Whether the agency's joint powers agreement specifies that all
liability for fines and penalties rests with the member, with no
liability assigned to the agency.
(C) Whether the imposition of penalties on members and not on the
agency would provide for flexibility that would allow the agency to
resolve the problem that is preventing the members from meeting the
diversion requirements.
(D) Limiting penalties to a maximum of ten thousand dollars
($10,000) per day if a member's failure does not cause other members
or the agency to fail to implement programs in the agency's source
reduction and recycling element.

41787.2. (a) A rural city or a rural county, which has received, or
is eligible for, a reduction in diversion requirements pursuant to
Section 41787, may become a member of a rural regional agency for the
purpose of complying with the diversion requirements of Section
41780, in which case the region's maximum disposal tonnage allowable
shall be calculated as follows:
(1) Determining the regional maximum disposal tonnage allowable,
excluding members with reduced diversion requirements.
(2) Determining the maximum disposal tonnage allowable for those
members authorized to meet reduced diversion requirements.
(3) Adding the calculated maximum disposal tonnages determined
pursuant to paragraphs (1) and (2) to determine the regional maximum
disposal tonnage allowable.
(b) (1) A rural regional agency may not assume responsibility for
compliance with diversion requirements upon formation pursuant to
subdivision (b) of Section 41787.1, and for compliance with Article 1
(commencing with Section 41780), if the rural regional agency is
comprised of more than two rural counties, unless authorized by the
board pursuant to paragraph (2).
(2) The board may authorize the assumption of responsibility for
compliance with diversion requirements by a rural regional agency
upon formation, which is comprised of more than two rural counties,
if the board finds that the rural regional agency's assumption of
responsibility will not adversely affect compliance with this part.

41787.3. The board, in consultation with rural cities and rural
counties, shall develop model programs and materials to assist rural
cities and rural counties in complying with the requirements of
Chapter 2 (commencing with Section 41000) and Chapter 3 (commencing
with Section 41300). Those model programs and materials shall be
designed to assist rural cities and rural counties in achieving the
purposes of this division in a manner which minimizes, to the maximum
extent feasible, the costs imposed on rural cities and rural
counties to comply with this division.

41787.4. Notwithstanding Section 41820, the board may grant a
two-year time extension from the diversion requirements of Section
41780 to a rural city, rural county, or rural regional agency if all
of the following conditions are met:
(a) The board adopts written findings, based on substantial
evidence in the record, that adverse market or economic conditions
beyond the control of the rural city, rural county, or rural regional
agency prevent the rural city, rural county, or rural regional
agency from meeting the diversion requirements.
(b) The rural city, rural county, or rural regional agency submits
a plan of correction that demonstrates how it will meet the
diversion requirements before the time extension expires, which
includes the source reduction, recycling, and composting programs it
will implement and states how those programs will be funded.
(c) The rural city, rural county, or rural regional agency
demonstrates that it is achieving the maximum feasible amount of
source reduction, recycling, or composting of solid waste within its
jurisdiction.

41787.5. Unless in conflict with the express provisions of this
article, all other provisions of this division, as appropriate, shall
apply to rural cities, rural counties, and rural regional agencies
to the same extent that those provisions apply to nonrural cities,
counties, and regional agencies.