SECTIONS 41790-41794 - California Statutes

PUBLIC RESOURCES CODE

SECTION 41790-41794

41790. In order to coordinate solid waste management activities
throughout the state and to ensure that Article 2 (commencing with
Section 40050) of Chapter 1 of Part 1 is implemented, the board shall
review each county and city source reduction and recycling element
and each countywide integrated waste management plan adopted pursuant
to this part to determine if it complies with Article 2 (commencing
with Section 40050) of Chapter 1 of Part 1.

41791. (a) If any city or county has less than eight years of
remaining disposal site capacity, the countywide integrated waste
management plan shall be submitted to the board within 12 months
after the Office of Administrative Law formally approves regulations
for the preparation of countywide siting elements and countywide
integrated waste management plans pursuant to Section 11349.3 of the
Government Code.
(b) If any city or county has eight or more years of remaining
disposal site capacity, the countywide integrated waste management
plan shall be submitted to the board within 18 months after the
Office of Administrative Law formally approves regulations for the
preparation of countywide siting elements and countywide integrated
waste management plans pursuant to Section 11349.3 of the Government
Code.
(c) A regional agency integrated waste management plan shall be
submitted to the board within 18 months after the Office of
Administrative Law formally approves regulations for the preparation
of countywide siting elements and countywide integrated waste
management plans pursuant to Section 11349.3 of the Government Code.

41791.1. In reviewing, commenting upon, and approving or
disapproving integrated waste management plans and the elements
thereof, the board shall take into account both of the following:
(a) The shared responsibility which exists under law between the
board and local agencies for activities such as the development of
markets for materials diverted from disposal facilities, public
education and information, and source reduction.
(b) The importance of promoting regional cooperation among local
agencies, and cooperation between local agencies and the board in
achieving the objectives of this division, to the extent that
cooperation will result in more cost-effective and efficient
implementation of this division.

41791.2. In reviewing, commenting upon, and approving or
disapproving integrated waste management plans and the elements
thereof, the board shall assist local agencies, to the extent that
local agencies request this assistance within the same region, in
developing regional cooperative approaches to source reduction,
public information and education, and market development, if the
approaches result in more efficient and cost-effective implementation
of this division.

41791.5. (a) (1) Notwithstanding Section 41791, and except as
provided in subdivision (b), each city, county, and regional agency
shall submit its source reduction and recycling element and its
nondisposal facility element to the board in accordance with the
following schedule:
(A) For any jurisdiction with less than eight years of remaining
disposal site capacity, the source reduction and recycling element
and the nondisposal facility element shall be submitted on or before
April 30, 1994.
(B) For any jurisdiction with eight or more years, but less than
15 years, of remaining disposal site capacity, the source reduction
and recycling element and the nondisposal facility element shall be
submitted on or before August 31, 1994.
(C) For any jurisdiction with 15 or more years of remaining
disposal site capacity, the source reduction and recycling element
and the nondisposal facility element shall be submitted on or before
December 31, 1994.
(2) For purposes of this section, "remaining disposal site
capacity" means capacity remaining as of January 1, 1990. For each
jurisdiction, disposal site capacity shall be deemed to be the
countywide permitted disposal site capacity.
(3) Notwithstanding Section 41791, a county or regional agency
that has adopted a countywide or regional agency integrated waste
management plan may submit the plan and its elements to the board for
review and approval pursuant to the schedule set forth in paragraph
(1).
(b) A city which is incorporated after January 1, 1990, shall
submit a source reduction and recycling element, a household
hazardous waste element, and a nondisposal facility element to the
board for approval within 18 months from the date that the city was
incorporated or within 18 months of the effective date of this
section, whichever is later.

41792. It is the intent of the Legislature, in enacting this part,
that cities and counties shall commence efforts to implement source
reduction, recycling, or composting activities immediately upon
enactment of this part, in order to achieve the deadlines specified
under this chapter.

41793. Each county or city shall hold at least one public hearing
before approving its source reduction and recycling element,
household hazardous waste element, and the countywide integrated
waste management plan.

41794. Any city may submit its city source reduction and recycling
element or nondisposal facility element to the board for review
before the dates in the schedule in Section 41791.5.