SECTIONS 41810-41813 - California Statutes

PUBLIC RESOURCES CODE

SECTION 41810-41813

41810. (a) If the board conditionally approves a countywide or
regional integrated waste management plan, or any element of the
plan, the board shall issue a notice of conditional approval to the
city, county, or regional agency which identifies the specific
reasons for the conditional approval. The notice of conditional
approval shall include specific recommendations on how to correct the
remaining deficiencies in the plan or element.
(b) If the board disapproves a countywide or regional integrated
waste management plan, or any element of the plan, the board shall
issue a notice of deficiency to the city, county, or regional agency
which identifies the specific reasons for the disapproval. The notice
of deficiency shall include specific recommendations on how to
correct the deficiencies in the plan or element.

41810.1. (a) Any city, county, or regional agency which receives a
notice of conditional approval for a countywide or regional
integrated waste management plan, or any element of the plan,
pursuant to subdivision (a) of Section 41810, shall, within 60 days
from the date of receipt of the notice of conditional approval,
submit a compliance schedule to the board that demonstrates how the
city, county, or regional agency will correct the deficiencies
identified in the notice of conditional approval by the earliest
feasible date, but in no event shall that correction take longer to
make than one year from the date of submission of the compliance
schedule.
(b) The board shall approve or disapprove a compliance schedule
submitted pursuant to subdivision (a) within 60 days from the date of
its receipt of the schedule.
(c) If the board determines, based on substantial evidence in the
record, that a city, county, or regional agency is not in compliance
with a compliance schedule approved pursuant to subdivision (b), the
board may revoke the notice of conditional approval, and shall issue
a notice of deficiency pursuant to subdivision (b) of Section 41810.
(d) It is the intent of the Legislature that a notice of
conditional approval shall provide flexibility for a city, county, or
regional agency to make substantial progress towards meeting the
requirements of this part while ensuring full compliance with this
part at the earliest feasible date.

41811. Within 120 days of receipt of the notice of deficiency
issued pursuant to Section 41810, the city or county shall correct
the deficiencies, readopt, and resubmit the city source reduction and
recycling element or the countywide integrated waste management plan
to the board.

41811.5. (a) If the board disapproves an element for which a city,
county, or regional agency has received a notification of excluded
wastes pursuant to Section 41801.5, the city, county, or regional
agency may, concurrent with the procedures specified in Section
41811, submit additional information to substantiate that the
requirements of Section 41781.2 have been met. The additional
information shall be submitted to the board within 60 days of
disapproval of the element.
(b) Following the receipt of additional information pursuant to
subdivision (a) the board shall determine, within 60 days, whether
all, or a portion of, the excluded waste will be included in the
source reduction and recycling element for purposes of calculating
compliance with Section 41780.
(c) Based upon the board's determination pursuant to subdivision
(b), the city, county, or regional agency shall revise its source
reduction and recycling element to correct any deficiencies resulting
from the exclusion of wastes pursuant to Section 41781.2, and shall
resubmit the element to the board. The element shall be resubmitted
within 120 days of a board determination pursuant to subdivision (b).
Notwithstanding Section 41811, if an element is disapproved pursuant
to Section 41800, and the notice of deficiency issued pursuant to
Section 41810 identifies reasons for disapproval, including, but not
limited to, noncompliance with Section 41781.2, the city, county, or
regional agency shall correct all deficiencies, and readopt and
resubmit the element to the board pursuant to the requirements of
this section.
(d) In revising the source reduction and recycling element to
address deficiencies arising from noncompliance with Section 41781.2,
a city, county, or regional agency may limit the revisions to an
identification and description of the specific measures that will be
undertaken to achieve compliance with Section 41780.
(e) If a city, county, or regional agency is unable to resubmit
the source reduction and recycling element within 120 days, the board
may, on a case-by-case basis, extend the deadline imposed by
subdivision (c) for submittal of a revised element.

41812. If the board determines that the revised city, county, or
regional agency source reduction and recycling element or the
countywide or regional agency integrated waste management plan
submitted pursuant to Section 41811 or 41811.5 still fails to meet
the requirements of this part, the board shall conduct a public
hearing for the purpose of hearing testimony on the plan or element
and the deficiencies identified by the board.

41813. (a) After conducting a public hearing pursuant to Section
41812, the board may impose administrative civil penalties of not
more than ten thousand dollars ($10,000) per day on any city or
county, or, pursuant to Section 40974, on any city or county as a
member of a regional agency, which fails to submit an adequate
element or plan in accordance with the requirements of this chapter.
(b) The board shall not impose any penalty against a city or
county pursuant to this section if the city or county is in
substantial compliance with this part and if those aspects of a plan
or element of a plan submitted by a city, county, or regional agency
which is not in compliance with this part do not directly or
substantially affect achievement of the diversion requirements of
Section 41780.
(c) In determining whether a city, county, or regional agency is
in substantial compliance, the board shall consider whether the city,
county, or regional agency has made a good faith effort to implement
all reasonable and feasible measures to comply.
(d) The board shall not use the money collected from the penalties
imposed pursuant to subdivision (a) for administrative purposes. The
board shall use the money collected from the penalties imposed
pursuant to subdivision (a), to the extent possible, to assist local
governments in meeting the requirements of this part.