SECTIONS 41800-41802 - California Statutes

PUBLIC RESOURCES CODE

SECTION 41800-41802

41800. (a) Except as provided in subdivision (b), within 120 days
from the date of receipt of a countywide or regional integrated waste
management plan which the board has determined to be complete, or
any element of the plan which the board has determined to be
complete, the board shall determine whether the plan or element is in
compliance with Article 2 (commencing with Section 40050) of Chapter
1 of Part 1, Chapter 2 (commencing with Section 41000), and Chapter
5 (commencing with Section 41750), and, based upon that
determination, the board shall approve, conditionally approve, or
disapprove the plan or element.
(b) (1) Within 120 days from the date of receipt of a city,
county, or regional agency nondisposal facility element, which the
board has determined to be complete, and within 60 days from the date
of receipt of an amendment to a city, county, or regional agency
nondisposal facility element, the board shall determine whether the
element, which the board has determined to be complete, or amendment
is in compliance with Chapter 4.5 (commencing with Section 41730) and
Article 1 (commencing with Section 41780) of Chapter 6, and, based
upon that determination, the board shall approve, conditionally
approve, or disapprove the element or amendment within that time
period.
(2) In reviewing the element or amendment, the board shall:
(A) Not consider the estimated capacity of the facility or
facilities in the element or amendment unless the board determines
that this information is needed to determine whether the element or
amendment meets the requirements of Article 1 (commencing with
Section 41780) of Chapter 6.
(B) Recognize that individual facilities represent portions of
local plans or programs that are designed to achieve the diversion
requirements of Section 41780 and therefore may not arbitrarily
require new or expanded diversion at proposed facilities.
(C) Not disapprove an element or amendment that includes a
transfer station or other facility solely because the facility does
not contribute towards the jurisdiction's efforts to comply with
Section 41780.
(c) If the board does not act to approve, conditionally approve,
or disapprove an element which the board has determined to be
complete within 120 days, or an amendment which the board has
determined to be complete within 60 days, the board shall be deemed
to have approved the element or amendment.

41801. Before approving or conditionally approving a countywide or
regional integrated waste management plan, or any element of the
plan, pursuant to Section 41800, the board shall adopt written
findings, based on substantial evidence in the record, that
implementing the plan or element will achieve the requirements
established pursuant to this part, including the diversion
requirements of Section 41780.

41801.5. (a) If an element submitted to the board for final review
includes the diversion of any solid wastes specified in subdivision
(c) of Section 41781.2 for years preceding the year commencing
January 1, 1990, and the board is unable to determine whether the
requirements of Section 41781.2 have been met, the board shall notify
the city, county, or regional agency that the diversion is excluded
for purposes of calculating compliance with Section 41780. The board
shall notify the city, county, or regional agency of the exclusion
within 60 days from the date of receipt of the element for final
review. If an element has been submitted to the board for final
review prior to January 1, 1993, the board shall notify the
submitting city, county, or regional agency of the exclusion on or
before March 1, 1993.
(b) The notice shall be based upon a summary review undertaken
solely for the purpose of determining whether the source reduction
and recycling element includes any diversion of wastes excluded by
Section 41781.2, and whether the element contains information
sufficient for the board to determine whether the requirements of
that section have been met. The summary review and notice shall be
undertaken by the board concurrent with the board's review and
approval, conditional approval, or disapproval of source reduction
and recycling elements pursuant to Section 41800.
(c) The board shall approve or conditionally approve the source
reduction and recycling element, if wastes have been excluded
pursuant to Section 41781.2, if the board finds, pursuant to Section
41801, that, notwithstanding that exclusion, the element will achieve
the requirements established pursuant to this part, including the
diversion requirements of Section 41780.
(d) If the source reduction and recycling element is approved or
conditionally approved pursuant to this section, the city, county, or
regional agency shall revise the element to reflect the excluded
wastes and shall submit any such revisions to the board pursuant to
Section 41822.

41802. (a) Within 120 days from the date of receipt of a household
hazardous waste element, the board shall approve or disapprove the
element.
(b) The board shall not disapprove a household hazardous waste
element if the local agency preparing the element demonstrates to the
board that, in implementing the household hazardous waste element,
the local agency will comply with all of the following requirements:
(1) The local agency will use feasible methods to properly reduce,
collect, recycle, treat, and dispose of household hazardous waste
generated within its jurisdiction.
(2) The local agency will devote reasonable expenditures to the
safe reduction, collection, recycling, treatment, and disposal of
household hazardous waste, relative to the other expenditures
required by this division, and relative to the expenditures for
household hazardous waste programs which were awarded grants of funds
pursuant to Section 46401 as it read on January 1, 1993.
(3) The local agency will make all reasonable efforts to inform
the public of, and to encourage public participation in, the
household hazardous waste program.
(4) Regardless of the number of household hazardous waste
collection events held each year by a local agency, or the actual
number of households served, the collection program is available for
use by all households within the jurisdiction of the local agency,
and provides a safe alternative for all residents within the
jurisdiction of the local agency to properly and safely dispose of
household hazardous waste.
(c) (1) In determining whether a local agency meets the conditions
for approval of a household hazardous waste element set forth in
subdivision (b), the board shall consider the geographic size and
population of the city or county and the quantity of household
hazardous waste generated within the jurisdiction of the city or
county.
(2) The board may provide an exemption from the requirements of
subdivision (b) if a city, county, or a regional agency demonstrates,
and the board concurs, that compliance with those requirements is
not feasible due to the small geographic size of the city, county, or
regional agency and the small quantity of solid waste generated
within the city, county, or regional agency. The board may establish
alternative, but less comprehensive, requirements for those cities,
counties, or regional agencies to ensure compliance with this
division.