SECTIONS 41825 - California Statutes

PUBLIC RESOURCES CODE

SECTION 41825

41825. (a) Using the information in the report submitted to the
board by the jurisdiction pursuant to Section 41821 and any other
relevant information, the board shall make a finding whether each
jurisdiction was in compliance with Section 41780 for calendar year
2006 and shall review a jurisdiction's compliance with Section 41780
in accordance with the following schedule:
(1) If the board makes a finding that the jurisdiction was in
compliance with Section 41780 for calendar year 2006, the board shall
review, commencing January 1, 2012, and at least once every four
years thereafter, whether the jurisdiction has implemented its source
reduction and recycling element and household hazardous waste
element.
(2) If the board makes a finding that the jurisdiction made a good
faith effort to implement its source reduction and recycling element
and household hazardous waste element, the board shall review,
commencing January 1, 2010, and at least once every two years
thereafter, whether the jurisdiction has implemented its source
reduction and recycling element and household hazardous waste
element.
(3) If the board makes a finding that the jurisdiction was not in
compliance with Section 41780 for calendar year 2006 or for any
subsequent calendar year, the board shall review, commencing January
1, 2010, and at least once every two years thereafter, whether the
jurisdiction has implemented its source reduction and recycling
element and household hazardous waste element.
(4) If, after determining that a jurisdiction is subject to
paragraph (2), or, if, after determining that a jurisdiction is not
in compliance with Section 41780 and is subject to paragraph (3), the
board subsequently determines that the jurisdiction has come into
compliance with Section 41780, the board shall review, at least once
every four years, whether the jurisdiction has implemented its source
reduction and recycling element and household hazardous waste
element in the same manner as a jurisdiction that is subject to
paragraph (1).
(5) If, after determining that a jurisdiction is in compliance
with Section 41780 and is subject to paragraph (1), the board
subsequently determines that the jurisdiction is not in compliance
with Section 41780, the board shall review, at least once every two
years, whether the jurisdiction has implemented its source reduction
and recycling element and household hazardous waste element in the
same manner as a jurisdiction that is subject to paragraph (2) or
(3).
(b) In addition to the requirements of subdivision (a), the board
may review whether a jurisdiction is in compliance with Section 41780
in accordance with the requirements of this section at any time that
the board receives information that indicates the jurisdiction may
not be making a good faith effort to implement its source reduction
and recycling element and household hazardous waste element.
(c) (1) Before issuing a compliance order pursuant to subdivision
(d), the board shall confer with the jurisdiction regarding
conditions relating to the proposed order of compliance, with a first
meeting occurring not less than 60 days before issuing a notice of
intent to issue an order of compliance.
(2) The board shall issue a notice of intent to issue an order of
compliance not less than 30 days before the board holds a hearing to
issue the notice of compliance. The notice of intent shall specify
all of the following:
(A) The proposed basis for issuing an order of compliance.
(B) The proposed actions the board recommends are necessary for
the jurisdiction to complete to implement its source reduction and
recycling element or household hazardous waste element.
(C) The proposed recommendations to the board.
(3) The board shall consider any information provided pursuant to
subdivision (c) of Section 41821 if the proposed issuance of an order
of compliance involves changes to a jurisdiction's calculation of
annual disposal.
(d) (1) If, after holding a public hearing, which, to the extent
possible, shall be held in the local or regional agency's
jurisdiction, the board finds that a jurisdiction has failed to make
a good faith effort to implement its source reduction and recycling
element or its household hazardous waste element, the board shall
issue an order of compliance with a specific schedule for achieving
compliance.
(2) The compliance order shall include those conditions that the
board determines to be necessary for the jurisdiction to implement
its diversion programs.
(3) In addition to considering the good faith efforts of a
jurisdiction, as specified in subdivision (e), to implement a
diversion program, the board shall consider both of the following
factors in determining whether or not to issue a compliance order:
(A) Whether an exceptional growth rate may have affected
compliance.
(B) Other information that the jurisdiction may provide that
indicates the effectiveness of the jurisdiction's programs, such as
disposal characterization studies or other jurisdiction specific
information.
(e) For purposes of making a determination pursuant to this
section whether a jurisdiction has failed to make a good faith effort
to implement its source reduction and recycling element or its
household hazardous waste element, the board shall consider all of
the following criteria:
(1) For the purposes of this section, "good faith effort" means
all reasonable and feasible efforts by a jurisdiction to implement
those programs or activities identified in its source reduction and
recycling element or household hazardous waste element, or
alternative programs or activities that achieve the same or similar
results.
(2) For purposes of this section, "good faith effort" may also
include the evaluation by a jurisdiction of improved technology for
the handling and management of solid waste that would reduce costs,
improve efficiency in the collection, processing, or marketing of
recyclable materials or yard waste, and enhance the ability of the
jurisdiction to adequately address all sources of significant
disposal, the submission by the jurisdiction of a compliance
schedule, and the undertaking of all other reasonable and feasible
efforts to implement the programs identified in the jurisdiction's
source reduction and recycling element or household hazardous waste
element.
(3) In determining whether a jurisdiction has made a good faith
effort, the board shall consider the enforcement criteria included in
its enforcement policy, as adopted on April 25, 1995, or as
subsequently amended.
(4) The board shall consider all of the following when considering
whether a jurisdiction has made a good faith effort to implement its
source reduction and recycling element or its household hazardous
waste element:
(A) Natural disasters.
(B) Budgetary conditions within a jurisdiction that could not be
remedied by the imposition or adjustment of solid waste fees.
(C) Work stoppages that directly prevent a jurisdiction from
implementing its source reduction and recycling element or household
hazardous waste element.
(D) The impact of the failure of federal, state, and other local
agencies located within the jurisdiction to implement source
reduction and recycling programs in the jurisdiction.
(E) The extent to which the jurisdiction has implemented
additional source reduction, recycling, and composting activities.
(F) The extent to which the jurisdiction has made program
implementation choices driven by considerations related to other
environmental issues, including climate change.
(G) Whether the jurisdiction has provided information to the board
concerning whether construction and demolition waste material is at
least a moderately significant portion of the waste stream, and, if
so, whether the local jurisdiction has adopted an ordinance for
diversion of construction and demolition waste materials from solid
waste disposal facilities, has adopted a model ordinance pursuant to
subdivision (a) of Section 42912 for diversion of construction and
demolition waste materials from solid waste disposal facilities, or
has implemented another program to encourage or require diversion of
construction and demolition waste materials from solid waste disposal
facilities.
(H) The extent to which the jurisdiction has implemented programs
to comply with Section 41780 and to maintain its per capita disposal
rate.
(5) In making a determination whether a jurisdiction has made a
good faith effort, pursuant to this section, the board may consider a
jurisdiction's per capita disposal rate as a factor in determining
whether the jurisdiction adequately implemented its diversion
programs. The board shall not consider a jurisdiction's per capita
disposal rate to be determinative as to whether the jurisdiction has
made a good faith effort to implement its source reduction and
recycling element or its household hazardous waste element.
(f) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.