Chapter 1. General Provisions

Article 1. Findings and Declarations

40000. The Legislature hereby finds and declares, as follows:
(a) In 1988, Californians disposed of over 38 million tons of solid waste, an amount which is expected to grow if existing solid waste policies are continued. This amounts to more than 1,500 pounds of waste per person living in the state, more than any other state in the country and over twice the per-capita rate of most other industrialized counties.
(b) Over 90 percent of California's solid waste currently is disposed of in landfills, some of which pose a threat to groundwater, air quality, and public health.
(c) While California will exhaust most of its remaining landfill space by the mid-1990's, there presently is no coherent state policy to ensure that the state's solid waste is managed in an effective and environmentally sound manner for the remainder of the 20th century and beyond.
(d) The amount of solid waste generated in the state coupled with diminishing landfill space and potential adverse environmental impacts from landfilling constitutes an urgent need for state and local agencies to enact and implement an aggressive new integrated waste management program.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 145. Effective June 19, 1990.)
40001. (a) The Legislature declares that the responsibility for solid waste management is a shared responsibility between the state and local governments. The state shall exercise its legal authority in a manner that ensures an effective and coordinated approach to the safe management of all solid waste generated within the state and shall oversee the design and implementation of local integrated waste management plans.
(b) The Legislature further declares that it is the policy of the state to assist local governments in minimizing duplication of effort, and in minimizing the costs incurred, in implementing this division through the development of regional cooperative efforts and other mechanisms which comply with this division.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1992, Ch. 1292.)
40002. As an essential part of the state's comprehensive program for solid waste management, and for the preservation of health and safety, and the well-being of the public, the Legislature declares that it is in the public interest for the state, as sovereign, to authorize and require local agencies, as subdivisions of the state, to make adequate provision for solid waste handling, both within their respective jurisdictions and in response to regional needs consistent with the policies, standards, and requirements of this division and all regulations adopted pursuant to this division. The provisions of this division which authorize and require local agencies to provide adequate solid waste handling and services, and the actions of local agencies taken pursuant thereto, are intended to implement this state policy.
(Added by Stats. 1989, Ch. 1095.)
40003. Nothing in this division abrogates, limits, or otherwise affects the duties of the Department of Conservation under the California Beverage Container Recycling and Litter Reduction Act, Division 12.1 (commencing with Section 14500).
(Added by Stats. 1989, Ch. 1095.)

Article 2. General Provisions

40050. This division shall be known and may be cited as the California Integrated Waste Management Act of 1989.
(Added by Stats. 1989, Ch. 1095.)
(See note following Government Code Section 66780.5.)
40051. In implementing this division, the board and local agencies shall do both of the following:
(a) Promote the following waste management practices in order of priority:
(1) Source reduction.
(2) Recycling and composting.
(3) Environmentally safe transformation and environmentally safe land disposal, at the discretion of the city or county.
(b) Maximize the use of all feasible source reduction, recycling, and composting options in order to reduce the amount of solid waste that must be disposed of by transformation and land disposal. For wastes that cannot feasibly be reduced at their source, recycled, or composted, the local agency may use environmentally safe transformation or environmentally safe land disposal, or both of those practices.
(Added by Stats. 1989, Ch. 1095.)
40052. The purpose of this division is to reduce, recycle, and reuse solid waste generated in the state to the maximum extent feasible in an efficient and cost-effective manner to conserve water, energy and other natural resources, to protect the environment, to improve regulation of existing solid waste landfills, to ensure that new solid waste landfills are environmentally sound, to improve permitting procedures for solid waste management facilities, and to specify the responsibilities of local governments to develop and implement integrated waste management programs.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 145. Effective June 19, 1990; Amended by Stats. 1992, Ch. 1292, Amended by Stats. 1993, Ch. 656. Effective October 1, 1993.)
40053. This division, or any rules or regulations adopted pursuant thereto, is not a limitation on the power of a city, county, or district to impose and enforce reasonable land use conditions or restrictions on solid waste management facilities in order to prevent or mitigate potential nuisances, if the conditions or restrictions do not conflict with or impose lesser requirements than the policies, standards, and requirements of this division and all regulations adopted pursuant to this division.
(Added by Stats. 1989, Ch. 1095.)
40054. This division, or any rules or regulations adopted pursuant thereto, is not a limitation on the power of the Attorney General, on the request of the board, the state water board, a regional water board, or upon his or her own motion, to bring an action in the name of the people of the State of California to enjoin any health hazard, pollution, or nuisance.
(Added by Stats. 1989, Ch. 1095.)
40055. (a) This division, or any rules or regulations adopted pursuant thereto, is not a limitation on the power of any state agency in the enforcement or administration of any provision of law which it is specifically authorized or required to enforce or administer, including, but not limited to, the exercise by the state water board or the regional water boards of any of their powers and duties pursuant to Division 7 (commencing with Section 13000) of the Water Code, the exercise by the Department of Toxic Substances Control of any of its powers and duties pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code, and the exercise by the State Air Resources Board or any air pollution control district or air quality management district of any of its powers and duties pursuant to Part 3 (commencing with Section 40000) of Division 26 of the Health and Safety Code.
(b) The exercise of authority under this division, including, but not limited to, the adoption of regulations, plans, permits, or standards or any enforcement actions shall not duplicate or be in conflict with any determination relating to water quality control made by the state water board or regional water boards, including requirements in regulation adopted by or under the authority of the state water board.
(c) Any plans, permits, standards, or corrective action taken under this division shall incorporate, as a condition of the action, any applicable waste discharge requirements issued by the state water board or a regional water board, and shall be consistent with all applicable water quality control plans adopted pursuant to Section 13170, and Article 3 (commencing with Section 13240) of Chapter 4 of Division 7, of the Water Code and the state policies for water quality control adopted pursuant to Article 3 (commencing with Section 13140) of Chapter 3 of Division 7 of the Water code existing at the time of the action or proposed action.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1993, Ch. 656. Effective October 1, 1993.)
40056. This division, or any rules or regulations adopted pursuant thereto, is not a limitation on the right of any person to commence and maintain at any time any appropriate action for relief against a nuisance as defined in the Civil Code.
(Added by Stats. 1989, Ch. 1095.)
40057. Each county, city, district, or other local governmental agency which provides solid waste handling services shall provide for those services, including, but not limited to, source reduction, recycling, composting activities, and the collection, transfer, and disposal of solid waste within or without the territory subject to its solid waste handling jurisdiction.
(Added by Stats. 1989, Ch. 1095.)
40058. The solid waste handling services shall be provided for by one or any combination of the following:
(a) The furnishing of the services by the local agency itself.
(b) The furnishing of the services by another local agency.
(c) The furnishing of the services by a solid waste enterprise.
(Added by Stats. 1989, Ch. 1095.)
40059. (a) Notwithstanding any other provision of law, each county, city, district, or other local governmental agency may determine all of the following:
(1) Aspects of solid waste handling which are of local concern, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location, and extent of providing solid waste handling services.
(2) Whether the services are to be provided by means of nonexclusive franchise, contract, license, permit, or otherwise, either with or without competitive bidding, or if, in the opinion of its governing body, the public health, safety, and well-being so require, by partially exclusive or wholly exclusive franchise, contract, license, permit, or otherwise, either with or without competitive bidding. The authority to provide solid waste handling services may be granted under terms and conditions prescribed by the governing body of the local governmental agency by resolution or ordinance.
(b) Nothing in this division modifies or abrogates in any manner either of the following:
(1) Any franchise previously granted or extended by any county or other local governmental agency.
(2) Any contract, license, or any permit to collect solid waste previously granted or extended by a city, county, or city and county.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 1355. Effective September 25, 1990.)
40060. (a) Notwithstanding any other provision of law, a regional water board shall not issue a waste discharge permit for a new landfill, or a lateral expansion of an existing landfill, which is used for the disposal of nonhazardous solid waste if the land has been primarily used at any time for the mining or excavation of gravel or sand.
(b) A regional water board, in a public meeting, may grant a variance from subdivision (a) if the applicant demonstrates and the regional water quality control board determines that the discharges to a new facility or expansion of an existing facility during its operation and postclosure period will not pollute or threaten to pollute the waters of the state. In deciding whether to grant a variance, the regional water board shall consider, among other factors, site characteristics, including permeability and transmissivity of the underlying soils and depth to groundwater. For the purpose of this section, "groundwater" means the uppermost aquifer usable for beneficial purposes.
(c) Nothing in this section precludes any local jurisdiction from exercising any power which it has pursuant to any other provision of law.
(d) The following definitions govern the construction of this section:
(1) "Landfill used for the disposal of nonhazardous solid waste" means a disposal site regulated by a regional water board as a Class III landfill pursuant to Sections 2533 and 2541 of Title 23 of the California Code of Regulations.
(2) "Lateral expansion" means a new or expanded waste management unit which is not authorized on January 1, 1989, under existing waste discharge requirements issued pursuant to Division 7 (commencing with Section 13000) of the Water Code and an existing solid waste facility permit issued pursuant to this title. For purposes of subdivision (f), "lateral expansion" does not include a new or expanded waste management unit for which waste discharge requirements were issued by a regional water board before January 1, 1989, but were subject to review after that date pursuant to Section 13320 of the Water Code.
(e) The regional water board may hold a single hearing for purposes of granting a variance pursuant to subdivision (b) and establishing waste discharge requirements.
(f) Notwithstanding subdivision (b), a regional water board shall not grant a variance from subdivision (a) if the variance is for a new landfill, or a lateral expansion of an existing landfill, located within the boundaries of the Main San Gabriel Groundwater Basin. For purposes of this subdivision, the boundaries of the Main San Gabriel Groundwater Basin are the boundaries described in Exhibit A of the judgment in Upper San Gabriel Valley Municipal Water District v. City of Alhambra, et al., Case Number 924128 of the Superior Court for the County of Los Angeles.
(Added by Stats. 1990, Ch. 35. Effective March 30, 1990.)
40061. (a) Notwithstanding Section 40059, every local agency which does not directly charge residential households a fee for the collection, transportation, and disposal of solid waste and every local agency which directly charges residential customers a fee which represents less than 90 percent of the average cost of collecting, transporting, and disposing of residential solid waste shall, at least once every three months, arrange to inform all residential households of all of the following:
(1) The average monthly volume of solid waste produced by each residential household. (2) The total estimated monthly cost to the local agency to collect, transport, and dispose of all solid waste produced by residential households.
(3) The average monthly cost to the local agency to collect, transport, and dispose of solid waste produced by each residential household.
(b) For purposes of this section, "residential household" means those single and multifamily residential units which are not charged a periodic fee for the collection, transportation, and disposal of solid waste or which are assessed a periodic fee which represents less than 90 percent of the local agency's total cost of providing these services.
(c) The notification provided under subdivision (a) may, not more than twice in any calendar year, be made by publication in a newspaper of general circulation in the county in which the local agency is located.
(d) Unless notification is made by publication, when possible, the notification provided under subdivision (a) shall be distributed by each local agency to residential households in a manner that results in no distribution costs to the local agency in excess of distribution costs otherwise incurred for other purposes.
(Added by Stats. 1990, Ch. 35. Effective March 30, 1990; Amended by Stats. 1991, Ch. 1085.)

Chapter 2. Definitions

40100. (Repealed by Stats. 1990, Ch. 586. Effective September 5, 1990.)
40105. "Authorized recycling agent" means a person that a local governing body or private commercial entity authorizes or contracts with to collect its recyclable waste material. An authorizes recycling agency may be a municipal collection service, private refuse hauler, private recycling enterprise, or private nonprofit corporation or association.
(Added by Stats. 1989, Ch. 1095.)
40106. (a) "Biomass conversion" means the controlled combustion, when separated from other solid waste and used for producing electricity or heat, of the following materials:
(1) Agricultural crop residues.
(2) Bark, lawn, yard, and garden clippings.
(3) Leaves, silvicultural residue, and tree and brush pruning.
(4) Wood, wood chips, and wood waste.
(b) "Biomass conversion" does not include the controlled combustion of pulp or paper materials, or materials which contain sewage sludge, industrial sludge, medical waste, hazardous waste, or either high-level or low-level radioactive waste.
(Added by Stats. 1994, Ch.1227.)
40110. "Board" means the California Integrated Waste Management Board.
(Added by Stats. 1989, Ch. 1095, and Ch. 1096; Repealed and added by Stats. 1990, Ch. 586. Effective September 5, 1990.)
40115. (Repealed by Stats. 1990, Ch. 586. Effective September 5, 1990.)
40116. "Compost" means the product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility. "Compost" includes vegetable, yard, and wood wastes which are not hazardous waste.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 145. Effective June 19, 1990.)
40120. "Designated recycling collection location" means the place where an authorized recycling agent has contracted with either the local governing body or a private entity to pick up recyclable material segregated from other waste material. "Designated recycling collection location" includes, but is not limited to, the curbside of a residential neighborhood or the service alley of a commercial enterprise.
(Added by Stats. 1989, Ch. 1095.)
40120.1. Except as otherwise provided in Part 2 (commencing with Section 40900), for purposes of Part 2 (commencing with Section 40900), "disposal" means the management of solid waste through local landfill disposal or transformation at a permitted solid waste facility.
(Added by Stats. 1993, Ch. 1169. Effective October 11, 1993.)
40122. "Disposal site" or "site" includes the place, location, tract of land, area, or premises in use, intended to be used, or which has been used for the landfill disposal of solid wastes. "Disposal site" includes solid waste landfill, as defined in Section 46027.
(Added by Stats. 1989, Ch. 1095, and Ch. 1096; Repealed and added by Stats. 1990, Ch. 586. Effective September 5, 1990.)
40123. "Disposal site owner" means the person who holds title to the property used as a disposal site after January 1, 1977.
(Added by Stats. 1989, Ch. 1095.)
40130. "Enforcement agency" means the local agency designated pursuant to Article 1 (commencing with Section 43200) of Chapter 2 of Part 4 for the purpose of carrying out this division, or the board if no designation of a local agency has been approved by the board.
(Added by Stats. 1989, Ch. 1095.)
40131. "Enforcement program" means the regulations and procedures adopted by the board pursuant to Chapter 2 (commencing with Section 43200) of Part 4.
(Added by Stats. 1989, Ch. 1095.)
40131.5. "Federal act" means the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Sec. 6901 et seq.).
(Added by Stats. 1993, Ch. 922.)
40135. "Fund" means the Integrated Waste Management Fund, which is hereby created in the State Treasury. Any reference in this division or any other provision of law to the Solid Waste Management Fund shall mean the Integrated Waste Management Fund.
(Added by Stats. 1990, Ch. 35. Effective March 30, 1990; Amended by Stats. 1990, Ch. 145. Effective June 19, 1990.)
40135.1. "Account" means the Integrated Waste Management Account created in the fund pursuant to Section 48001. (Added by Stats. 1993, Ch. 656. Effective October 1, 1993.)
40140. "Hazard" includes any condition, practice, or procedure which is or may be dangerous, harmful, or perilous to employees, property, neighbors, or the general public.
(Added by Stats. 1989, Ch. 1095.)
40141. (a) "Hazardous waste" means a waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may do either of the following:
(1) Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.
(2) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed.
(b) Unless expressly provided otherwise, "hazardous waste" includes extremely hazardous waste and acutely hazardous waste.
(Added by Stats. 1989, Ch. 1095.)
40150. "Local governing body" means the legislative body of the city, county, or special district which has authority to provide solid waste handling services.
(Added by Stats. 1989, Ch. 1095.)
40151. "Nondisposal facility" means any solid waste facility required to obtain a permit pursuant to Article 1 (commencing with Section 44001) of Chapter 3 of Part 4, except a disposal facility or a transformation facility.
(Added by Stats. 1992, Ch. 1291.)
40160. "Operator" means the person to whom the approval to operate a disposal site, transfer or processing station, or collection system is granted.
(Added by Stats. 1989, Ch. 1095 and Ch. 1096; Repealed and added by Stats. 1990, Ch. 586. Effective September 5, 1990; Amended by Stats. 1990, Ch. 1355. Effective September 25, 1990.)
40170. "Person" includes an individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.
(Repealed by Stats. 1990, Ch. 586; Amended by Stats. 1994, Ch. 1200. Effective September 30, 1994.)
40171. "Pollution" means the condition caused by the presence in or on a body of water, soil, or air of any solid waste or substance derived therefrom in such quantity, of such nature and duration, or under such condition that the quality, appearance, or usefulness of the water, soil, land, or air is significantly degraded or adversely altered.
(Added by Stats. 1989, Ch. 1095.)
40172. (Repealed by Stats. 1990, Ch. 586.)
40180. "Recycle" or "recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. "Recycling" does not include transformation, as defined in Section 40201.
(Added by Stats. 1989, Ch. 1095; Repealed and Added by Stats. 1990, Ch. 586. Effective September 5, 1990.)
40181. "Regional agency" means an agency formed pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code and Article 3 (commencing with Section 40970) of Chapter 1 of Part 2.
(Added by Stats. 1989, Ch. 1095, Amended by Stats. 1992, Ch. 1292.)
40182. "Regional water board" means a California regional water quality control board.
(Added by Stats. 1989, Ch. 1095.)
40183. "Rural city" means either of the following:
(a) An incorporated city which has a geographic area of less than three square miles, has a waste generation rate of less than 100 cubic yards per day, or 60 tons per day, and which is located in a rural area.
(b) An incorporated city which has a population density of less than 1,500 people per square mile, has a waste generation rate of less than 100 cubic yards per day, or 60 tons per day, which is located in a rural area.
(c) Nothing in this section shall affect any reduction granted to a rural city or rural county by the board pursuant to Section 41787 prior to September 1, 1994.
(Added by Stats. 1994, Ch. 1227.)
40184. (a) "Rural county" means any county which has a population of 200,000 or less and which is located in a rural area.
(b) For the purposes of this section and Section 40183, the board shall adopt regulations that define "rural area" in a manner that establishes criteria and conditions applicable only to cities and counties located in those areas of the state that are rural in character. Those criteria shall include, but are not limited to, the requirement that those cities and counties are located in agricultural or mountainous area of the state and are geographically distant from markets for recyclable materials.
(c) Nothing in this section shall affect any reduction granted to a rural city or rural county by the board pursuant to Section 41787 prior to September 1, 1994.
(Added by Stats. 1994, Ch. 1227.)
40190. (Repealed by Stats. 1990, Ch. 586. Effective September 5, 1990.)
40191. (a) Except as provided in subdivision (b), "solid waste" means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes.
(b) "Solid waste" does not include hazardous waste or low-level radioactive waste regulated under Chapter 7.6 (commencing with Section 25800) of Division 20 of the Health and Safety Code.
(c) "Solid waste" does not include medical waste which is regulated pursuant to the Medical Waste Management Act (Chapter 6.1 (commencing with Section 25015) of Division 20 of the Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in Section 46027. Medical waste which has been treated and which is deemed to be solid waste shall be regulated pursuant to this division.
(Added by Stats. 1989, Ch. 1095 and 1096; Ch. 1096 repealed by Stats. 1990, Ch. 586. Effective September 5,
1990; Ch. 1095 Amended by Stats. 1990, Ch. 1355. Effective September 25, 1990; Amended by Stats. 1990, Ch. 1614; Amended by Stats. 1992, Ch. 54. Effective May 14, 1992.)
40192. (Repealed by Stats. 1990, Ch. 586. Effective September 5, 1990.)
40193. "Solid waste enterprise" means any individual, partnership, joint venture, unincorporated private organization, or private corporation, which is regularly engaged in the business of providing solid waste handling services.
(Added by Stats. 1989, Ch. 1095.)
40194. "Solid waste facility" includes a solid waste transfer or processing station, a composting facility, a transformation facility, and a disposal facility.
(Added by Stats. 1989, Ch. 1095 and 1096; Ch. 1096 repealed by Stats. 1990, Ch. 1355. Effective September 25, 1990; Ch. 1095 amended by Stats. 1990, Ch. 1355. Effective September 25, 1990.)
40195. "Solid waste handling" or "handling" means the collection, transportation, storage, transfer, or processing of solid wastes.
(Added by Stats. 1989, Ch. 1095.)
40195.1. (a) "Solid waste landfill" means a disposal facility that accepts solid waste for land disposal, but does not include a facility which receives only wastes generated by the facility owner or operator in the extraction, beneficiation, or processing of ores and minerals, or a cemetery which disposes onsite only the grass clippings, floral wastes, or soil resulting from activities on the grounds of that cemetery.
(b) For the purposes of Article 3 (commencing with Section 43500) and Article 4 (commencing with Section 43600) of Chapter 2 of Part 4, "solid waste landfill" does not include a facility which receives only nonhazardous wood waste derived from timber production or wood product manufacturing. For the purposes of the fee imposed by Section 48000, facilities which receive only nonhazardous wood waste derived from timber production or wood product manufacturing shall, notwithstanding Section 48000, pay a quarterly fee to the state board on all solid waste disposed at each disposal site, which does not exceed the amount of the fee due and payable to the state board by those facilities during the 1992 calendar year.
(Added by Stats. 1993, Ch. 656. Effective October 1, 1993.)
40196. "Source reduction" means any action which causes a net reduction in the generation of solid waste. "Source reduction" includes, but is not limited to, reducing the use of nonrecyclable materials, replacing disposable materials and products with reusable materials and products, reducing packaging, reducing the amount of yard wastes generated, establishing garbage rate structures with incentives to reduce the amount of wastes that generators produce, and increasing the efficiency of the use of paper, cardboard, glass, metal, plastic, and other materials. "Source reduction" does not include steps taken after the material becomes solid waste or actions which would impact air or water resources in lieu of land, including, but not limited to, transformation.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 145. Effective June 19, 1990.)
40196.5. "State Board" means the State Board of Equalization.
(Added by Stats. 1990, Ch. 145.)
40197. "State water board" means the State Water Resources Control Board.
(Added by Stats. 1989, Ch. 1095.)
40200. (a) "Transfer or processing station" or "station" includes those facilities utilized to receive solid wastes, temporarily store, separate, convert, or otherwise process the materials in the solid wastes, or to transfer the solid wastes directly from smaller to larger vehicles for transport, and those facilities utilized for transformation.
(b) "Transfer or processing station" or "station" does not include any of the following:
(1) A facility, whose principal function is to receive, store, separate, convert, or otherwise process in accordance with state minimum standards, manure.
(2) A facility, whose principal function is to receive, store, convert, or otherwise process wastes which have already been separated for reuse and are not intended for disposal.
(3) The operations premises of a duly licensed solid waste handling operator who receives, stores, transfers, or otherwise processes wastes as an activity incidental to the conduct of a refuse collection and disposal business in accordance with regulations adopted pursuant to Section 43309.
(Added by Stats. 1989, Ch. 1095; Repealed and Added by Stats. 1990, Ch. 586. Effective September 5, 1990.)
40201. "Transformation" means incineration, pyrolysis, distillation, gasification, or biological conversion other than composting. "Transformation" does not include composting or biomass conversion.
(Repealed by Stats. 1990, Ch. 145. Effective June 19, 1990; Added by Stats. 1994, Ch. 1227.)

Part 2.
INTEGRATED WASTE MANAGEMENT PLANS

Chapter 1. Plan Preparation

Article 1. Legislative Findings

40900. (a) The Legislature finds that integrated waste management plans prepared and adopted by local agencies shall conform, to the maximum extent possible to the policies and goals established under Article 1 and Article 2 of Chapter 1 of Part 1.
(b) The Legislature finds that decisions involving the establishment or expansion of solid waste facilities should be guided by an effective planning process, including meaningful public and private solid waste industry participation.
(c) The Legislature declares that it is the policy of the state and the intent of the Legislature that each state, regional, and local agency concerned with the solid waste facility planning and siting process involve the public through public hearings and informative meetings and that, at those hearings and other public forums, the public be granted the opportunity to respond to clearly defined alternative objectives, policies, and actions.
(d) The Legislature further declares that it is the policy of the state and the intent of the Legislature to foster and encourage private solid waste enterprises. In furtherance of that policy, it is the intent of the Legislature that each state, regional, and local agency concerned with the solid waste facility planning and siting process involve the private solid waste industry.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 145. Effective June 19, 1990.)
40901. (a) The following shall apply with regard to the preparation, revision, and implementation of source reduction and recycling elements pursuant to this part:
(1) To determine solid waste amounts in the base year and in the first locally adopted source reduction and recycling element, cities, counties, and regional agencies shall quantify all solid waste generated. For the purposes of this requirement, solid waste generated is equal to existing disposal plus existing diversion, unless modification to these amounts is required pursuant to Section 41801.5.
(2) To determine solid waste amounts in subsequent elements, and for the purposes of determining whether the diversion requirements of Section 41780 have been met, cities, counties, and regional agencies shall report the amounts of solid waste disposed of are permitted disposal facilities. For these purposes, cities, counties, and regional agencies are not required to quantify the amounts of solid waste which have been diverted from disposal through recycling or composting, except for diversion which results from recycling and composting programs which are operated or funded by cities, counties, or regional agencies.
(3) For revisions of the documents specified in Sections 41032, 41033, 41050, 41070, 41072, 41200, 41260, 41350, 41352, 41370, 41372, 41400, 41402, and 41460, cities, counties, and regional agencies shall follow the procedures identified in paragraph (2).
(b) Cities and counties which choose to form a regional agency shall not be required to revise source reduction and recycling elements which were complete at the time of the formation of the regional agency. Any revisions which were needed to reflect program and other changes caused by the formation of a regional agency shall be reflected in the revised source reduction and recycling element submitted by the regional agency at the time of the five-year revision.
(Added by Stats. 1992, Ch. 1292.)

Article 1.5. Board Assistance in Local Planning

40910. The board shall establish, on or before January 1, 1994, an office of local government assistance. The office shall, to the maximum extent feasible, utilizing existing resources, assist local agencies in the preparation, modification, and implementation of integrated waste management plans.
(Added by Stats. 1992, Ch. 1292.)
40911. In adopting or amending regulations pursuant to this part, the board shall take into account all of the following:
(a) The shared responsibility that exists 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 among local agencies and the board in achieving the objectives of this division, to the extent that this cooperation will result in more cost-effective and efficient implementation of this division.
(c) The need for local agencies to receive assistance from the board in preparing and implementing integrated waste management plans and the elements of those plans.
(Added by Stats. 1992, Ch. 1292.)
40912. (a) On or before January 1, 1994, the board shall develop a model countywide or regional siting element and a model countywide or regional agency integrated waste management plan that will establish prototypes of the content and format which counties or regional agencies may use in meeting the requirements of this part.
(b) On or before January 1, 1994, the board shall adopt a program to provide assistance to cities, counties, or regional agencies in the development and implementation of source reduction programs. The program shall include, but not be limited to, the following:
(1) The development of model source reduction programs and strategies that may be used at the local and regional level.
(2) Ongoing analysis of public and private sector source reduction programs which may be provided to cities, counties, and regional agencies in order to assist them in complying with Article 3 (commencing with Section 41050) of Chapter 2 and Article 3 (commencing with Section 41350) of Chapter 3.
(3) Assistance to cities, counties and regional agencies in the development of source reduction programs for commercial and industrial generators of solid waste which include the development of source reduction strategies designed for specific types of commercial and industrial generators.
(Added by Stats. 1992, Ch. 1292.)
40913. (a) On or before January 1, 1994, the board shall develop and implement a program to assist local agencies in the identification of markets for materials that are diverted from disposal facilities through source reduction, recycling, and composting.
(b) The program shall provide information to local agencies on individual purchasers of diverted materials and on potential and actual local, regional, and statewide marketing opportunities for materials that are diverted from disposal facilities. The program also shall provide local agencies with information on programs implemented by the board and by other agencies of state government to assist in the development, maintenance, and enhancement of markets for materials that are diverted from disposal facilities.
(Added by Stats. 1992, Ch. 1292.)
40914. (Added by Stats. 1992, Ch. 1292; Repealed by Stats. 1994, Ch. 1227.)

Article 2. Local Task Forces

40950. (a) On or before March 1, 1990, and every five years thereafter, each county, which is not a city and county, shall convene a task force to assist in coordinating the development of city source reduction and recycling elements prepared pursuant to Chapter 2 (commencing with Section 41000), the county source reduction and recycling element prepared pursuant to Chapter 3 (commencing with Section 41300), and to assist in the preparation of the countywide siting element prepared pursuant to Chapter 4 (commencing with Section 41700).
(b) The membership of the task force shall be determined by the county and by a majority of the cities within the county which contain a majority of the population of the incorporated area of the county, except in those counties which have only two cities, in which case the membership of the task force is subject to approval of the city which contains the majority of the population of the incorporated area of the county. The task force may include representatives of the solid waste industry, environmental organizations, the general public, special districts, and affected governmental agencies.
(c) To ensure a coordinated and cost-effective regional recycling system, the task force shall do all of the following:
(1) Identify solid waste management issues of countywide or regional concern.
(2) Determine the need for solid waste collection and transfer systems, processing facilities, and marketing strategies that can serve more than one local jurisdiction within the region.
(3) Facilitate the development of multijurisdictional arrangements for the marketing of recyclable materials.
(4) To the extent possible, facilitate resolution of conflicts and inconsistencies between or among city and county source reduction and recycling elements.
(d) The task force shall develop goals, policies, and procedures which are consistent with guidelines and regulations adopted by the board, to guide the development of the siting element of the countywide integrated waste management plan.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 1355. Effective September 25, 1990; Amended
by Stats. 1992, Ch. 1292.)

Article 3. Regional Agencies

40970. It is the intent of the Legislature in enacting this article to authorize cities and counties to form regional agencies to implement this part in order to reduce the cost of reporting and tracking of disposal and diversion programs by individual cities and counties and to increase the diversion of solid waste from disposal facilities. It is further the intent of the Legislature that this part be binding upon, and enforceable against, the individual cities and counties which are member agencies of the regional agency. It is not the intent of the Legislature in enacting this article to diminish the responsibility of individual cities and counties to implement source reduction, recycling, and composting programs as required by this part.
(Added by Stats. 1992, Ch. 1292.)
40971. A city or county may form a regional agency with another city or county for the purpose of complying with this part. Formation of the regional agency is voluntary and, except as provided under Section 40975, shall be subject to the terms and conditions set out in the agreement pursuant to which the regional agency is formed.
(Added by Stats. 1992, Ch. 1292.)
40972. This part is binding upon, and enforceable against, the individual cities and counties which are member agencies of the regional agency. However, an agreement adopted pursuant to this article may apportion responsibilities for the implementation of this part among the cities and counties which are member agencies of the regional agency. Nothing in this section is intended to prohibit a city or county which is a member agency of a regional agency from preparing and submitting to the board for review and approval a source reduction and recycling element or household hazardous waste element.
(Added by Stats. 1992, Ch. 1292.)
40973. (a) The regional agency, and not the cities or counties which are member agencies of the 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 regional agency is formed.
(b) Notwithstanding Section 41782, except as provided in subdivision (c), if a regional agency has been specified in the regional agency formation agreement as the responsible party for compliance with Article 1 (commencing with Section 41780) of Chapter 6 of Part 1, neither the regional agency nor any member jurisdiction of the regional agency shall be eligible for a reduction of the diversion requirements of Section 41780.
(c) If all member jurisdictions of a regional agency are rural cities or rural counties, as defined, respectively, in Section 40183 and 40184, the regional agency may be eligible for a reduction of the diversion requirements of Section 41780.
(d) (1) If, pursuant to subdivision (a), a regional agency is specified in the regional agency formation agreement as the responsible party for compliance with Article 1 (commencing with Section 41780) of Chapter 6, the regional agency shall not be comprised of more than two counties and all of the cities within those two counties except as otherwise authorized by the board.
(2) The board may authorize the formation of a regional agency that exceeds two counties and all of the cities within those two counties, for purposes of compliance with Article 1 (commencing with Section 41780) of Chapter 6, if the board finds that the formation of such a regional agency will not adversely affect compliance with this part.
(Added by Stats. 1992, Ch. 1292; Amended by Stats. 1993, Ch. 1169. Effective October 11, 1993.; Amended by Stats. 1994, Ch. 1227.)
40974. Notwithstanding Section 40972, each city or county which is a member agency of a regional agency is liable for any civil penalties which may be imposed by the board pursuant to Section 41813 or 41850. However, an agreement which establishes a regional agency may apportion any civil penalties between or among the cities or counties which are member agencies of the regional agency if the total amount of civil penalties which may be imposed against the regional agency is equivalent to that amount which is the sum of the penalties which may be imposed against each city or county which is a member agency of the regional agency.
(Added by Stats. 1992, Ch. 1292.)
40975. (a) Any agreement forming a regional agency shall be submitted to the board for review and approval at the time the regional agency integrated waste management plan is submitted to the board for review and approval.
(b) Any agreement forming a regional agency shall, at minimum, contain all of the following provisions: (1) A listing of the cities and counties which are member agencies of the regional agency, and a description of the regional agency, including the name and address of the regional agency.
(2) Consistent with Section 40974, a description of the method by which any civil penalties imposed by the board pursuant to Sections 41813 and 41850 will be allocated among the cities or counties which are member agencies of the regional agency.
(3) A contingency plan which shows how each city or county which is a member agency of the regional agency will comply with the requirements of this part, including, but not limited to, Article 1 (commencing with Section 41780) of Chapter 6, in the event that the regional agency is abolished.
(4) A description of the duties and responsibilities of each city or county which is a member agency of the regional agency which demonstrates that the city or county will comply with Article 1 (commencing with Section 41780) of Chapter 6.
(5) A description of source reduction, recycling, and composting programs to be implemented by the regional agency. Those programs shall be at least as comprehensive and effective in meeting the requirements of Article 1 (commencing with Section 41780) of Chapter 6 as those which each city or county which is a member agency of the regional agency has proposed in its source reduction and recycling element.
(6) Any other additional element as determined to be needed by the cities or counties which are member agencies of the regional agency.
(Added by Stats. 1992, Ch. 1292.)
40976. A city, county, or regional agency may enter into a memorandum of understanding with another city, county, regional agency, agency formed under a joint exercise of powers agreement, or district established to manage solid waste for the purpose of preparing and implementing source reduction and recycling elements, household hazardous waste elements, or a countywide or regional agency integrated waste management plan.
(Added by Stats. 1993, Ch. 1169. Effective October 11, 1993. Effective October 11, 1993.)

Chapter 2. City Source Reduction and Recycling Elements

Article 1. Requirements

41000. (a) On or before July 1, 1992, each city shall prepare, adopt, and, excepting a city and county, submit to the county in which the city is located a source reduction and recycling element which includes all of the components specified in this chapter and which complies with the requirements specified in Chapter 6 (commencing with Section 41780).
(b) Notwithstanding subdivision (a), if a city determines that it is unable to comply with the deadline established under subdivision (a) and unable to comply with Division 13 (commencing with Section 21000), to the extent that division requires the preparation and certification of an environmental impact report for the element, the city shall do all the following:
(1) On or before July 1, 1992, the city shall adopt a resolution stating the reasons it is unable to comply with the deadline established under subdivision (a) and to complete and certify the environmental impact report for the element. The resolution shall also state a date when the city will comply with the deadline established under subdivision (a) and complete and certify the environmental impact report for the element.
(2) On or before July 1, 1992, the city shall submit its draft source reduction and recycling element and a copy of the resolution adopted pursuant to paragraph (1) to the county within which the city is located.
(3) Upon completion and certification of the environmental impact report for the source reduction and recycling element, or December 1, 1992, whichever is sooner, the city shall submit its final source reduction and recycling element to the county.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 145. Effective June 19, 1990; Amended by Stats. 1992, Ch. 105. Effective June 30, 1992.)
41001. The city source reduction and recycling element shall include a program for management of solid waste generated within the city, consistent with the waste management hierarchy provided in Section 40051.
(Added by Stats. 1989, Ch. 1095.)
41002. The city source reduction and recycling element shall place primary emphasis on implementation of all feasible source reduction, recycling, and composting programs while identifying the amount of landfill and transformation capacity that will be need for solid waste which cannot be reduced at the source, recycled, or composted.
(Added by Stats. 1989, Ch. 1095.)
41003. Each city source reduction and recycling element shall include, but is not limited to, all of the following components for solid waste generated in the jurisdiction of the plan:
(a) A waste characterization component.
(b) A source reduction component.
(c) A recycling component.
(d) A composting component.
(e) A solid waste facility capacity component.
(f) An education and public information component.
(g) A funding component.
(h) A special waste component.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 1406.)

Article 2. Waste Characterization Component

41030. (a) For the initial source reduction and recycling element of a countywide integrated waste management plan which is required to be submitted to the board pursuant to Section 41791, the city waste characterization component shall identify the constituent materials which comprise the solid waste generated within the city. The information shall be representative of the solid waste generated within, and disposed of by, the city and shall reflect seasonal variations. The constituent materials shall be identified by volume, percentage in weight or its volumetric equivalent, material type, and source of generation, which includes residential, commercial, industrial, governmental, or other sources. Future revisions of waste characterization studies shall identify the constituent materials which comprise the solid waste disposed of at permitted disposal facilities.
(b) In adopting or revising regulations implementing subdivision (a), the board shall do all the following:
(1) Permit the use of studies or data developed on a county or regional basis and adapted to the conditions which exist in a city preparing its waste characterization component.
(2) Permit the use of preexisting data or studies, including those data and studies prepared by local governments with similar waste characteristics.
(3) Require only that amount of seasonal sampling, and waste characterization only of those categories of waste, necessary to achieve the diversion requirements of paragraph (1) of subdivision (a) of Section 41780.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 145. Effective June 19, 1990; Amended by Stats. 1992, Ch. 1292.)
41031. Any waste characterization component prepared by a city pursuant to Section 41030, and any other information submitted by a city to the board on the quantities of solid waste generated, diverted, and disposed of, shall include data which is as accurate as possible, on the quantities of solid waste generated, diverted, and disposed of, to enable the board, to the maximum extent possible, to accurately measure the diversion requirements established under paragraph (1) of subdivision (a) of Section 41780.
(Added by Stats. 1990, Ch. 145. Effective June 19, 1990.)
41032. For the first revision, and any subsequent revision, of a source reduction and recycling element of a countywide integrated waste management plan which is required to be submitted to the board pursuant to Section 41770, the city waste characterization component shall identify the constituent materials which comprise the solid waste disposed of by the city. The information shall be statistically representative of the solid waste disposed of by the city and shall reflect seasonal variations. The constituent materials shall be identified, to the extent practicable, by volume, percentage in weight, or its volumetric equivalent, material type, and source of generation, which includes residential, commercial, industrial, governmental, or other sources.
(Added by Stats. 1990, Ch. 145. Effective June 19, 1990; Amended by Stats. 1990, Ch. 1355. Effective September 25, 1990; Amended by Stats. 1992, Ch. 1292.)
41033. Any waste characterization component prepared by a city pursuant to Section 40132, and any other information submitted by a city to the board on the quantities of solid waste disposed of by the city, shall include data which is as accurate as possible, on the quantities of solid waste generated, diverted, and disposed of, to enable the board, to the maximum extent possible, to accurately measure the diversion requirements of paragraph (2) of subdivision (a) of Section 41780.
(Added by Stats. 1990, Ch. 145. Effective June 19, 1990; Amended by Stats. 1990, Ch. 1355. Effective September 25, 1990; Amended by Stats. 1992, Ch. 1292.)

Article 3. Source Reduction Component

41050. The city source reduction component shall include a program and implementation schedule which shows the methods by which the city will, in combination with the recycling and composting components, reduce a sufficient amount of solid waste disposed of by the city to comply with the diversion requirements of Section 41780.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1992, Ch. 1292.)
41051. The city source reduction component shall describe the types of materials which will be reduced under the programs in Section 41050.
(Added by Stats. 1989, Ch. 1095.)
41052. The city source reduction component shall describe the methods the city will use to determine the categories of solid wastes to be diverted from disposal at a disposal facility through source reduction.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1992, Ch. 1292.)
41053. The city source reduction component shall describe new facilities, and of expansion of existing facilities, which will be needed to implement the source reduction component.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 145. Effective June 19, 1990.)
41054. The city source reduction component shall evaluate and identify rate structures and fees to reduce the amount of wastes that generators produce, and other source reduction strategies, including, but not limited to, programs and economic incentives to reduce the use of nonrecyclable materials, replace disposable materials and products with reusable materials and products, reduce packaging, and increase the efficiency of the use of paper, cardboard, glass, metal, and other materials.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 145. Effective June 19, 1990.)

Article 4. Recycling Component

41070. The city recycling component shall include a program and implementation schedule which shows the methods by which the city will, in combination with the source reduction and composting components, reduce a sufficient amount of solid waste disposed of by the city to comply with the diversion requirements of Section 41780.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1992, Ch. 1292.)
41071. The city recycling component shall describe the types of materials which will be recycled under the programs in Section 41070.
(Added by Stats. 1989, Ch. 1095.)
41072. The city recycling component shall describe the methods the city will use to determine the categories of solid wastes to be diverted from disposal at a disposal facility through recycling.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1992, Ch. 1292.)
41073. The city recycling component shall describe new facilities, and of expansion of existing facilities, which will be needed to implement the recycling component.
(Added by Stats. 1989, Ch. 1095.)
41074. The city recycling component shall describe methods which will be used to increase the markets for recycled materials, including, but not limited to, an evaluation of the feasibility of procurement preferences for the purchase of recycled products. Each city may grant a price preference to encourage the purchase of recycled products. The amount of the price preference shall be determined by the city.
(Added by Stats. 1989, Ch. 1095.)
41075. The city recycling component shall evaluate industrial, commercial, residential, governmental, and other curbside, mobile, dropoff, and buy-back recycling programs, manual and automated material recovery facilities, zoning and building code changes which encourage recycling of materials, and rate structures which encourage recycling of materials.
(Added by Stats. 1989, Ch. 1095.)

Article 5. Composting Component

41200. The city composting component shall include a program and implementation schedule which shows the methods by which the city will, in combination with the source reduction and recycling components, reduce a sufficient amount of solid waste disposed of by the city to comply with the diversion requirements of Section 41780.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1992, Ch. 1292.)
41201. The city composting component shall describe the types of materials which will be composted under the programs in Section 41200.
(Added by Stats. 1989, Ch. 1095.)
41202. The city composting component shall describe the methods the city will use to determine the categories of solid wastes to be diverted from disposal at a disposal facility through composting.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1992, Ch. 1292.)
41203. The city composting component shall describe any new facilities, and expansion of existing facilities, which will be needed to implement the composting component.
(Added by Stats. 1989, Ch. 1095.)
41204. The city composting component shall describe the methods which will be used to increase the markets for composted materials, including, but not limited to, an evaluation of the feasibility of procurement preferences for the purchase of composted products. Each city may grant a price preference to encourage the purchase of composted products. The amount of the price preference shall be determined by the city.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 145. Effective June 19, 1990.)

Article 6. Education and Public Information Component

41220. The city education and public information component shall describe to the board how the city will increase public awareness of, and participation in, recycling, source reduction, and composting programs.
(Added by Stats. 1989, Ch. 1095.)

Article 7. Funding Component

41230. The city funding component shall identify and specifically describe projected costs, revenues, and revenue sources the city will use to implement all components of the city source reduction and recycling element.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 145. Effective June 19, 1990.)

Article 8. Special Waste Component

41250. The city special waste component shall describe existing waste handling and disposal practices for special wastes, including, but not limited to, asbestos and sewage sludge which is not hazardous waste. The component shall identify current and proposed programs to ensure the proper handling, reuse, and long-term disposal of special wastes. The component shall address the disposition of sewage sludge generated in the jurisdiction of the city.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 145. Effective June 19, 1990.)

Article 9. Facility Capacity Component

41260. The city solid waste facility capacity component shall include, but is not limited to, a projection of the amount of disposal capacity which will be needed to accommodate the solid waste generated within the city preparing the element for a 15-year period, reduced by all of the following:
(a) Implementation of source reduction, recycling, and composting programs required by this part or through implementation of other waste diversion programs.
(b) Any permitted processing, destruction, disposing, or transformation capacity which will be available during the 15-year planning period.
(c) All disposal or transformation capacity which has been secured through an agreement with another city or county or through an agreement with a solid waste enterprise.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 145. Effective June 19, 1990.)
41280. (Repealed by Stats. 1990, Ch. 1406.)

Chapter 3. County Source Reduction and Recycling Elements

Article 1. Requirements

41300. (a) On or before July 1, 1992, each county shall prepare and adopt for the unincorporated area a county source reduction and recycling element which includes all of the components specified in this chapter and which complies with the requirements specified in Chapter 6 (commencing with Section 41780).
(b) Notwithstanding subdivision (a), if a county determines that it is unable to comply with the deadline established under subdivision (a) and unable to comply with Division 13 (commencing with Section 21000), to the extent that division requires the preparation and certification of an environmental impact report for the element, the county shall do all of the following:
(1) On or before July 1, 1992, the county shall adopt a resolution stating the reasons it is unable to comply with the deadline established under subdivision (a) and to complete and certify the environmental impact report for the element. The resolution shall also state a date when the county will comply with the deadline established under subdivision (a) and complete and certify the environmental impact report for the element. (2) On or before July 1, 1992, the county shall submit a copy of the resolution adopted pursuant to paragraph (1) to the board.
(3) Upon completion and certification of the environmental impact report for the source reduction and recycling element, or December 1, 1992, whichever is sooner, the county shall adopt its source reduction and recycling element.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 145. Effective June 19, 1990; Amended by Stats. 1992, Ch. 105. Effective June 30, 1992.)
41301. The county source reduction and recycling element shall set forth a program for management of solid waste generated with the unincorporated area of the county, consistent with the waste management hierarchy provided in Section 40051.
(Added by Stats. 1989, Ch. 1095.)
41302. The county source reduction and recycling element shall place primary emphasis on implementation of all feasible source reduction, recycling, and composting programs while identifying the amount of landfill and transformation capacity that will be needed for solid waste which cannot be reduced at the source, recycled, or composted.
(Added by Stats. 1989, Ch. 1095.)
41303. Each county source reduction and recycling element shall include, but is not limited to, all of the following components for solid waste generated in the jurisdiction of the plan:
(a) A waste characterization component.
(b) A source reduction component.
(c) A recycling component.
(d) A composting component.
(e) A solid waste facility capacity component.
(f) An education and public information component.
(g) A funding component.
(h) A special waste component.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 1406.)

Article 2. Waste Characterization Component

41330. (a) For the initial source reduction and recycling element of a countywide integrated waste management plan which is required to be submitted to the board pursuant to Section 41791, the county waste characterization component shall identify the constituent materials which comprise the solid waste generated within the unincorporated area of the county. The information shall be representative of the solid waste generated and disposed of within that area and shall reflect seasonal variations. The constituent materials shall be identified by volume, percentage in weight or its volumetric equivalent, material type, and source of generation which includes residential, commercial, industrial, governmental, or other sources. Future revisions of waste characterization studies shall identify the constituent materials which comprise the solid waste disposed of at permitted disposal facilities.
(b) In adopting or revising regulations implementing subdivision (a), the board shall do all of the following:
(1) Permit the use of studies or data developed on a regional basis and adapted to the conditions which exist in a county preparing its waste characterization component.
(2) Permit the use of preexisting data or studies, including those data and studies prepared by local governments with similar waste characteristics.
(3) Require only that amount of seasonal sampling, and waste characterization only of those categories of waste, necessary to achieve the diversion requirements of paragraph (1) of subdivision (a) of Section 41780.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 145. Effective June 19, 1990; Amended by Stats. 1992, Ch. 1292.)
41331. Any waste characterization component prepared by a county pursuant to Section 41330, and any other information submitted by a county to the board on the quantities of solid waste generated, diverted, and disposed of, shall include data which is as accurate as possible, on the quantities waste generated, diverted, and disposed of, to enable the board, to the maximum extent possible, to accurately measure the diversion requirements established under paragraph (1) of subdivision (a) of section 41780.
(Added by Stats. 1990, Ch. 145. Effective June 19, 1990.)
41332. For the first revision, and any subsequent revision, of a source reduction and recycling element of a countywide integrated waste management plan which is required to be submitted to the board pursuant to Section 41770, the county waste characterization component shall identify the constituent materials which comprise the solid waste disposed of within the unincorporated area of the county. The information shall be statistically representative of the solid waste disposed of within that area and shall reflect seasonal variations. The constituent materials shall, to the extent practicable, be identified by volume, percentage in weight, or its volumetric equivalent, material type, and source of generation, which includes residential, commercial, industrial, governmental, or other sources.
(Added by Stats. 1990, Ch. 145. Effective June 19, 1990; Amended by Stats. 1990, Ch. 1355. Effective September 25, 1990; Amended by Stats. 1992, Ch. 1292.)
41333. Any waste characterization component prepared by a county pursuant to Section 41332, and any other information submitted by a county to the board on the quantities of solid waste disposed of, shall include data which is as accurate as practicable, on the quantities of solid waste generated, diverted, and disposed of, to enable the board, to the maximum extent possible, to accurately measure the diversion requirements of paragraph (2) of subdivision (a) of Section 41780.
(Added by Stats. 1990, Ch. 145. Effective June 19, 1990; Amended by Stats. 1990, Ch. 1355. Effective September 25, 1990; Amended by Stats. 1992, Ch. 1292.)

Article 3. Source Reduction Component

41350. The county source reduction component shall include a program and implementation schedule which shows the methods by which the county will, in combination with the recycling and composting components, reduce a sufficient amount of solid waste disposed of within the unincorporated area of the county to comply with the diversion requirements of Section 41780.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 145. Effective June 19, 1990; Amended by Stats. 1992, Ch. 1292.)
41351. The county source reduction component shall describe the types of materials which will be reduced under the programs in Section 41350.
(Added by Stats. 1989, Ch. 1095.)
41352. The county source reduction component shall describe the methods the county will use to determine the categories of solid wastes to be diverted from disposal at a disposal facility through source reduction.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 145. Effective June 19, 1990; Amended by Stats. 1992, Ch. 1292.)
41353. The county source reduction component shall describe new facilities, and of expansion of existing facilities, which will be needed to implement the source reduction component.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 145. Effective June 19, 1990.)
41354. The county source reduction component shall evaluate and identify rate structures and fees to reduce the amount of wastes that generators produce, and other source reduction strategies, including, but not limited to, programs and economic incentives to reduce the use of nonrecyclable materials, replace disposable materials and products with reusable materials and products, reduce packaging, and increase the efficiency of the use of paper, cardboard, glass, metal, and other materials.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 145. Effective June 19, 1990.)

Article 4. Recycling Component

41370. The county recycling component shall include a program and implementation schedule which shows the methods by which the county will, in combination with the source reduction and composting components, reduce a sufficient amount of solid waste disposed of within the unincorporated area of the county to comply with the diversion requirements of Section 41780.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 145. Effective June 19, 1990; Amended by Stats. 1992, Ch. 1292.)
41371. The county recycling component shall describe the types of materials which will be recycled under the programs in Section 41370.
(Added by Stats. 1989, Ch. 1095.)
41372. The county recycling component shall describe the methods that the county will use to determine the categories of solid wastes to be diverted from disposal at a disposal facility through recycling.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 145. Effective June 19, 1990; Amended by Stats. 1992, Ch. 1292.)
41373. The county recycling component shall describe new facilities, and expansion of existing facilities, which will be needed to implement the recycling component.
(Added by Stats. 1989, Ch. 1095.)
41374. The county recycling component shall describe methods which will be used to increase markets for recycled materials, including, but not limited to, an evaluation of the feasibility of procurement preferences for the purchase of recycled products. Each county may grant a price preference to encourage the purchase of recycled products. The amount of the price preference shall be determined by the county.
(Added by Stats. 1989, Ch. 1095.)
41375. The county recycling component shall evaluate industrial, commercial, residential, governmental, and other curbside, mobile, dropoff, and buy-back recycling programs, manual and automated material recovery facilities, zoning, and building code changes which encourage recycling of materials, and rate structures which encourage recycling of materials.
(Added by Stats. 1989, Ch. 1095.)

Article 5. Composting Component

41400. The county composting component shall include a program and implementation schedule which shows the methods by which the county will, in combination with the source reduction and recycling components, reduce a sufficient amount of solid waste disposed of within the unincorporated area of the county to comply with the diversion requirements of Section 41780.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 145. Effective June 19, 1990; Amended by Stats. 1992, Ch. 1292.)
41401. The county composting component shall describe the types of materials which will be composted under the programs in Section 41400.
(Added by Stats. 1989, Ch. 1095.)
41402. The county composting component shall describe the methods that the county will use to determine the categories of solid wastes to be diverted from disposal at a disposal facility through composting.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 145. Effective June 19, 1990; Amended by Stats. 1992, Ch. 1292.)
41403. The county composting component shall describe new facilities, and expansion of existing facilities, which will be needed to implement the composting component.
(Added by Stats. 1989, Ch. 1095.)
41404. The county composting component shall describe methods which will be used to increase the markets for composted materials, including, but not limited to, an evaluation of the feasibility of procurement preferences for the purchase of recycled products. Each county may grant a price preference to encourage the purchase of composted products. The amount of the price preference shall be determined by the county.
(Added by Stats. 1989, Ch. 1095.)

Article 6. Education and Public Information Component

41420. The county education and public information component shall describe to the board how the county will educate and inform its citizens about the source reduction, recycling and composting programs.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 1355. Effective September 25, 1990.)

Article 7. Funding Component

41430. The county funding component shall identify and specifically describe projected costs, revenues, and revenue sources the county will use to implement all components of the county source reduction and recycling element.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 145. Effective June 19, 1990.)

Article 8. Special Waste Component

41450. The county special waste component shall describe existing waste handling and disposal practices for special wastes, including, but not limited to, asbestos and sewage sludge which is not hazardous waste. The component shall identify current and proposed programs to ensure the proper handling, reuse, and long-term disposal of special wastes. The component shall address the disposition of sewage sludge generated in the jurisdiction of the county.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 145. Effective June 19, 1990.)

Article 9. Facility Capacity Component

41460. The county solid waste facility capacity component shall include, but is not limited to, a projection of the amount of disposal capacity which will be needed to accommodate the solid waste generated within the unincorporated area of the county preparing the element for a 15-year period, reduced by all of the following:
(a) Implementation of source reduction, recycling, and composting programs required by this part or through implementation of other waste diversion programs.
(b) Any permitted disposal or transformation capacity which will be available during the 15-year planning period.
(c) All disposal or transformation capacity which has been secured through an agreement with another city, county, or through an agreement with a solid waste enterprise.
(Added by Stats. 1989, Ch. 1095.)
41480. (Repealed by Stats. 1990, Ch. 1406.)

Chapter 3.5 Household Hazardous Waste Elements

Article 1. City Household Hazardous Waste Elements

41500. (a) On or before July 1, 1992, each city shall prepare, adopt, and submit to the county in which the city is located a household hazardous waste element which identifies a program for the safe collection, recycling, treatment, and disposal of hazardous wastes, as defined in Section 25117 of the Health and Safety Code, which are generated by households in the city and which should be separated from the solid waste stream.
In preparing a city household hazardous waste element pursuant to this section, a city may use components of a city hazardous waste plan prepared pursuant to subdivision (c) of Section 25135.7 of the Health and Safety Code if the city hazardous waste plan meets the requirements of this article and Section 41802.
(b) Notwithstanding subdivision (a), if a city determines that it is unable to comply with the deadline established under subdivision (a) and unable to comply with Division 13 (commencing with Section 21000), to the extent that division requires the preparation and certification of an environmental impact report for the element, the city shall do all of the following:
(1) On or before July 1, 1992, the city shall adopt a resolution stating the reasons it is unable to comply with the deadline established under subdivision (a) and to complete and certify the environmental impact report for the household hazardous waste element. The resolution shall also state a date when the city will comply with the deadline established under subdivision (a) and complete and certify the environmental impact report for the household hazardous waste element.
(2) On or before July 1, 1992, the city shall submit its draft household hazardous waste element and a copy of the resolution adopted pursuant to paragraph (1) to the county within which the city is located.
(3) Upon completion and certification of the environmental impact report for the household hazardous waste element, or December 1, 1992, whichever is sooner, the city shall submit its final household hazardous waste element to the county.
(Added by Stats. 1990, Ch. 1406; Amended by Stats. 1992, Ch. 105. Effective by June 30, 1992.)

Article 2. County Household Hazardous Waste Elements

41510. (a) On or before July 1, 1992, each county shall prepare a household hazardous waste element which identifies a program for the safe collection, recycling, treatment, and disposal of hazardous wastes, as defined in Section 25117 of the Health and Safety Code, which are generated by households in the unincorporated area of the county and which should be separated from the solid waste stream. In preparing a county household hazardous waste element pursuant to this section, a county may use components of a county hazardous waste management plan prepared pursuant to Section 25135.1 of the Health and Safety Code, if that plan meets the requirements of this article and of Section 41802.
(b) Notwithstanding subdivision (a), if a county determines that it is unable to comply with the deadline established under subdivision (a) and unable to comply with Division 13 (commencing with Section 21000), to the extent that division requires the preparation and certification of an environmental impact report for the element, the county shall do all of the following:
(1) On or before July 1, 1992, the county shall adopt a resolution stating the reasons it is unable to comply with the deadline established under subdivision (a) and to complete and certify the environmental impact report for the household hazardous waste element. The resolution shall also state a date when the county will comply with the deadline established under subdivision (a) and complete and certify the environmental impact report for the household hazardous waste element.
(2) On or before July 1, 1992, the county shall submit its draft household hazardous waste element and a copy of the resolution adopted pursuant to paragraph (1) to the board.
(3) Upon completion and certification of the environmental impact report for the household hazardous waste element, or December 1, 1992, whichever is sooner, the county shall adopt its household hazardous waste element.
(Added by Stats. 1990, Ch. 1406; Amended by Stats. 1992, Ch. 105. Effective June 30, 1992.)

Article 3. Educational Information

41515. If a city, county, or regional agency conducts an aerosol can recycling program, a requirement to educate the public on the safe collection and recycling or disposal of aerosol cans shall be incorporated into the household hazardous waste element prepared by the city, county, or regional agency when that element is revised.
(Added by Stats. 1995, Ch. 424.)
Note: Stats. 1995, Ch. 424 also reads:
Sec. 1. It is the intent of the Legislature that solid waste facilities and recycling facilities that process empty aerosol cans and nonempty aerosol cans for the purposes of recycling comply with all applicable federal, state, and local laws, including, but not limited to, employee safety, emergency action, fire prevention, hazardous waste management, and spill response laws and regulations.

Chapter 4. Countywide Siting Elements

Article 1. Element Preparation

41700. Each county shall prepare a countywide siting element which provides a description of the areas to be used for development of adequate transformation or disposal capacity concurrent and consistent with the development and implementation of the county and city source reduction and recycling elements adopted pursuant to this part.
(Added by Stats. 1989, Ch. 1095.)
41701. Each countywide siting element and revision thereto, shall include, but is not limited to, all of the following:
(a) A statement of goals and policies for the environmentally safe transformation or disposal of solid waste which cannot be reduced, recycled, or composted.
(b) An estimate of the total transformation or disposal capacity in cubic yards that will be needed for a 15-year period to safely handle solid wastes generated with the county which cannot be reduced, recycled, or composted.
(c) The remaining combined capacity of existing solid waste transformation or disposal facilities existing at the time of the preparation of the siting element, or revision thereto, in cubic yards and years.
(d) The identification of an area or areas for the location of new solid waste transformation or disposal facilities or the expansion of existing facilities which are consistent with the applicable city or county general plan if the county determines that existing capacity will be exhausted within 15 years or additional capacity is desired.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 145. Effective June 19, 1990.)
41702. An area is consistent with the city or county general plan if all of the following requirements are met:
(a) The city or county adopted a general plan which complies with the requirements of Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of Title 7 of the Government Code.
(b) The area reserved for a new solid waste facility or the expansion of an existing solid waste facility is located in, or coextensive with, a land use area designated or authorized for solid waste facilities in the applicable city or county general plan.
(c) The land use authorized in the applicable city or county general plan adjacent to or near the area reserved for the establishment of new solid waste transformation or disposal of solid waste expansion of existing facilities is compatible with the establishment or expansion of the solid waste facility.
(Added by Stats. 1989, Ch. 1095.)
41703. If the county determines that existing capacity will be exhausted within 15 years or additional capacity is desired and that there is no area available for the location of a new solid waste transformation or disposal facility or the expansion of an existing solid waste transformation or disposal facility which is consistent with any applicable city or county general plan, the siting element shall include a specific strategy for the transformation or disposal of solid waste in excess of remaining capacity.
(Added by Stats. 1989, Ch. 1095.)
41704. Except as provided in subdivision (a) of Section 41710, any area or areas identified for the location of a new solid waste transformation or disposal facility shall be located in, coextensive with, or adjacent to, a land use area authorized for a solid waste transformation or disposal facility in the applicable city or county general plan.
(Added by Stats. 1989, Ch. 1095.)

Article 2. Tentative Reservations

41710. (a) A county may tentatively reserve an area or areas for the location of a new solid waste transformation or disposal facility or the expansion of an existing transformation or disposal facility even though that reservation of the area or areas is not consistent with the applicable city or county general plan. A reserved area in a countywide siting element is tentative until it is made consistent with the applicable city or county general plan.
(b) If a county has tentatively identified a site expansion or a potential site for a new solid waste transformation or disposal facility in its countywide siting element, that tentative site identification may be deemed a tentative area for the purposes of Sections 41711 and 41712.
(Added by Stats. 1989, Ch. 1095.)
41711. An area tentatively reserved for the establishment or expansion of a solid waste transformation or disposal facility shall be removed from the countywide siting element if a city or county fails or has failed to make the finding that the area is consistent with the general plan or has made a finding that the area should not be used for the location of a solid waste transformation or disposal facility.
(Added by Stats. 1989, Ch. 1095.)
41712. The removal of a tentatively reserved area from the countywide siting element, pursuant to Section 41711, shall be accomplished by either one of the following methods:
(a) The county shall remove the area at the time of the next revision of the siting element.
(b) The local agency having jurisdiction over the area shall request the county to remove the designation at the time of the next revision of the siting element.
(Added by Stats. 1989, Ch. 1095.)

Article 3. General Plan Consistency

41720. The countywide siting element submitted to the board, shall include a resolution from each affected city or the county stating that any areas identified for the location of a new or expanded solid waste transformation or disposal facility pursuant to Section 41701 is consistent with the applicable general plan.
(Added by Stats. 1989, Ch. 1095.)

Article 4. Local Agency Approval

41721. The countywide siting element shall be approved by the county and by a majority of the cities within the county which contain a majority of the population of the incorporated area of the county except in those counties which have only two cities, in which case the element is subject to approval of the city which contains the majority of the population of the incorporated area of the county. Each city shall act upon the countywide siting element within 90 days after receipt of the siting element. If a city fails to act upon the siting element within 90 days after receiving the siting element, the city shall be deemed to have approved the siting element as submitted.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1992, Ch. 1291.)
41721.5. (a) Any amendments to the countywide siting element shall be approved by the county and by a majority of the cities within the county which contain a majority of the population of the incorporated area of the county except in those counties which have only two cities, in which case the amendment is subject to approval of the city which contains the majority of the population of the incorporated area of the county.
(b) Any person or public agency proposing the development of a solid waste disposal or transformation facility may initiate an amendment to the countywide siting element by submitting a site identification and description to the county board of supervisors.
(c) The county shall submit the site identification and description to the cities within the county within 20 days after the site identification and description is submitted to the county board of supervisors. Each city shall act upon the proposed amendment within 90 days after receipt of the proposed amendment. If a city fails to act upon the proposed amendment within 90 days after receiving the amendment, the city shall be deemed to have approved the proposed amendment as submitted.
(d) If the county or a city disapproves the proposed amendment, the county or city shall mail notice of its decision by first-class mail to the person or public agency proposing the amendment within 10 days of the disapproval, stating its reasons for the disapproval.
(e) No county or city shall disapprove a proposed amendment unless it determines, based on substantial evidence in the record, that the amendment would cause one or more significant adverse impacts within its boundaries from the proposed project.
(f) Within 45 days after the date of disapproval by the county or a city of a proposed amendment, or a decision by the board not to concur in the issuance, modification, or revision of a solid waste facilities permit pursuant to Section 44009, any person may file with the superior court a writ of mandate for review of the disapproval or the decision. The evidence before the court shall consist of the record before the county or city which disapproved the proposed amendment or the record before the board in its determination not to concur in issuance, modification, or revision of the solid waste facilities permit. Section 1094.5 of the Code of Civil Procedure shall govern the proceedings conducted pursuant to this subdivision.
(Added by Stats. 1992, Ch. 1291.)

Chapter 4.5. Nondisposal Facility Elements

Article 1. City Nondisposal Facility Elements

41730. Except as provided in Section 41750.1, each city shall prepare, adopt, and except for a city and county, transmit to the county in which the city is located a nondisposal facility element which includes all of the information required by this chapter and which is consistent with the implementation of a city source reduction and recycling element adopted pursuant to this part. The nondisposal facility element and any amendments to the element shall be appended to the city's source reduction and recycling element when that element is included in the countywide integrated waste management plan, prepared pursuant to Section 41750. The nondisposal facility element and any amendments to that element shall not be subject to the approval of the county and the majority of cities with the majority of the population in the incorporated area.
(Added by Stats. 1992, Ch. 1291; Amended by Stats. 1993, Ch. 663.)

Article 2. County Nondisposal Facility Element

41731. Except as provided in Section 41750.1, each county shall prepare, adopt, and except for a city and county, transmit to the cities located in the county a nondisposal facility element which includes all of the information required by this chapter and which is consistent with the implementation of a county source reduction and recycling element adopted pursuant to this part. The nondisposal facility element and any amendments to the element shall be appended to the county's source reduction and recycling element when that element is included in the countywide integrated waste management plan, prepared pursuant to Section 41750. The nondisposal facility element and any amendments to the element shall not be subject to the approval of the majority of cities with the majority of cities with the majority of the population in the incorporated area.
(Added by Stats. 1992, Ch. 1291; Amended by Stats. 1993, Ch. 663.)

Article 3. Requirements

41732. (a) City, county, and regional agency nondisposal facility elements prepared pursuant to Section 41730, 41731, or 41750.1, as the case may be, shall include a description of any new solid waste facilities and the expansion of existing solid waste facilities that will be needed to implement the jurisdiction's source reduction and recycling element and to hereby meet the diversion requirements of Section 41780. The nondisposal facility element may include the identification of specific locations or general areas for new solid waste facilities that will be needed to implement the jurisdiction's source reduction and recycling element.
(b) In complying with the requirements of subdivision (a), the jurisdiction shall utilize the pertinent information which is available to it at the time that the nondisposal facility element is prepared.
(Added by Stats. 1992, Ch. 1291; Amended by Stats. 1993, Ch. 663.)
41733. Nondisposal facility elements prepared pursuant to this chapter shall include all solid waste facilities and solid waste facility expansions, except disposal facilities and transformation facilities, which will recover for reuse or recycling at least 5 percent of the total volume of material received by the facility. Transfer stations which recover less than 5 percent of the volume of materials received for reuse or recycling shall be included in the element. However, the portions of the element describing these facilities shall not be subject to board approval.
(Added by Stats. 1992 Ch. 1291.)
41734. (a) (1) Prior to adopting or amending a nondisposal facility element, the city or county, or regional agency shall submit the element or amendment to the task force created pursuant to Section 40950 for review and comment.
(2) Prior to adopting or amending a regional agency nondisposal facility element, if the jurisdiction of the regional agency extends beyond the boundaries of a single county, the regional agency shall submit the element or amendment for review and comment to each task force created pursuant to Section 40950 of each county within the jurisdiction of the regional agency.
(b) Comments by the task force shall include an assessment of the regional impacts of potential diversion facilities and shall be submitted to the city, county or regional agency and to the board within 90 days of the receipt of the nondisposal facility element for review and comment.
(Added by Stats. 1992, Ch. 1291; Amended by Stats. 1993, Ch. 663.)
41735. (a) Notwithstanding Division 13 (commencing with Section 21000), the adoption or amendment of a nondisposal facility element shall not be subject to environmental review.
(b) Local agencies may impose a fee on project proponents to fund their necessary and actual costs of preparing and approving amendments to nondisposal facility elements.
(Added by Stats. 1992, Ch. 1291.)
41736. It is not the intent of the Legislature to require cities and counties to revise their source reduction and recycling elements to comply with requirements of this chapter. At the time of the five-year revision of the source reduction and recycling element, each city, county, and city and county shall incorporate the nondisposal facility element and any amendments thereto into the revised source reduction and recycling element.
(Added by Stats. 1992, Ch. 1291.)

Chapter 5. Countywide Integrated Waste Management Plans

Article 1. Plan Preparation

41750. Each county and city and county shall prepare and submit to the board in accordance with the schedule set forth in Chapter 6 (commencing with Section 41780), a countywide integrated waste management plan, which includes all of the following:
(a) All city source reduction and recycling elements prepared pursuant to Chapter 2 (commencing with Section 41000) and submitted to the county.
(b) The county's source reduction and recycling element for the unincorporated area of the county prepared pursuant to Chapter 3 (commencing with Section 41300).
(c) All city household hazardous waste elements which were prepared pursuant to Article 1 (commencing with Section 41500) of Chapter 3.5 and submitted to the county.
(d) The county household hazardous waste element for the unincorporated area of the county prepared pursuant to Article 2 (commencing with Section 41510) of Chapter 3.5. (e) The countywide siting element prepared pursuant to Chapter 4 (commencing with Section 41700).
(f) All city nondisposal facility elements prepared pursuant to Chapter 4.5 (commencing with Section 41730) and submitted to the county.
(g) The county nondisposal facility element for the unincorporated area of the county prepared pursuant to Chapter 4.5 (commencing with Section 41730).
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 1406; Amended by Stats. 1992, Ch. 1292.)
41750.1. Notwithstanding the requirements of Section 41750 for the preparation and submittal of countywide integrated waste management plans, the following requirements shall apply to the submittal of integrated waste management plans where a regional agency has been formed:
(a) For a regional agency composed of jurisdictions that do not extend beyond the boundaries of a single county, the countywide integrated waste management plan shall include all of the following:
(1) The source reduction and recycling elements for the cities and county which are member agencies of the regional agency or the source reduction and recycling element for the regional agency.
(2) The source reduction and recycling elements for all cities which are not member agencies of the regional agency, and the source reduction and recycling element for the unincorporated area if the county is not a member agency of the regional agency.
(3) The household hazardous waste elements for the cities and the county which are member agencies of the regional agency or the household hazardous waste element for the regional agency.
(4) The household hazardous waste elements for all cities which are not a member agency of the regional agency, and the household hazardous waste element for the unincorporated area if the county is not a member agency of the regional agency.
(5) The countywide siting element.
(6) The nondisposal facility elements for the cities and the county which are member agencies of the regional agency or the nondisposal facility element for the regional agency.
(7) The nondisposal facility elements for all cities which are not member agencies of the regional agency, and the nondisposal facility element for the unincorporated area if the county is not a member agency of the regional agency.
(b) For a regional agency composed of two or more counties and all cities within those counties, an integrated waste management plan shall include all of the following:
(1) The source reduction and recycling elements for the cities and counties which are member agencies of the regional agency or the source reduction and recycling element for the regional agency.
(2) The household hazardous waste elements for the cities and counties which are member agencies of the regional agency or the household hazardous waste element for the regional agency.
(3) The countywide siting elements for the counties within the jurisdiction of the regional agency or a siting element for the regional agency.
(4) The nondisposal facility elements for the cities and counties which are member agencies of the regional agency or the nondisposal facility element for the regional agency.
(c) For a regional agency composed of more than one county, but which does not encompass all of the cities within those counties, the integrated waste management plan shall include the source reduction and recycling element and the household hazardous waste element for the regional agency.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 1406; Amended by Stats. 1992, Ch. 1291;
Amended by Stats. 1992, Ch. 1292; Amended by Stats. 1993, Ch. 663.)
41751. The countywide integrated waste management plan shall include a summary of significant waste management problems facing the county or city and county. The plan shall provide an overview of the specific steps that will be taken by local agencies, acting independently and in concert, to achieve the purposes of this division. The plan shall contain a statement of the goals and objectives set forth by the countywide task force created pursuant to Chapter 1 (commencing with Section 40900).
(Added by Stats. 1989, Ch. 1095.)

Article 2. Plan Approval

41760. The countywide integrated waste management plan and any amendments thereto, with the exception of any source reduction and recycling element, household hazardous waste element, or nondisposal facility element, prepared by a city or county, shall be approved by the county and by a majority of the cities within the county which contain a majority of the population of the incorporated areas of the county, except in those counties which have only two cities, in which case the plan is subject to the approval of the city which contains a majority of the population of the incorporated areas of the county. Each city shall act upon the plan and any proposed amendment within 90 days after receipt of the amendment. If a city fails to act upon the plan or the proposed amendment within 90 days after receiving the plan or the amendment, the city shall be deemed to have approved the plan or the amendment as submitted.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 1355. Effective September 25, 1990; Amended
by Stats. 1992, Ch. 1292; Amended by Stats. 1993, Ch. 663.)

Article 3. Plan Revision

41770. (a) Each countywide or regional agency integrated waste management plan, and the elements thereof, shall be reviewed, revised, if necessary, and submitted to the board every five years in accordance with the schedule set forth under Chapter 7 (commencing with Section 41800).
(b) Any revisions to a countywide or regional agency integrated waste management plan, and the elements thereof, shall use a waste disposal characterization method which the board shall develop for the use of the city, county, or regional agency. The city, county, or regional agency shall conduct waste disposal characterization studies, as prescribed by the board, if it fails to meet the diversion requirements of Section 41780, at the time of the five-year revision of the source reduction and recycling element.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1992, Ch. 1292.)

Chapter 6. Planning Requirements

Article 1. Waste Diversion

41780. (a) Each city or county source reduction and recycling element shall include an implementation schedule which shows both of the following:
(1) For the initial element, the city or county shall divert 25 percent of all solid waste from landfill or transformation facilities by January 1, 1995, through source reduction, recycling, and composting activities.
(2) Except as provided in Section 41783, 41784, and 41785, for the first revision of the element, the city or county shall divert 50 percent of all solid waste by January 1, 2000, through source reduction, recycling, and composting activities.
(b) Nothing in this part prohibits a city or county from implementing source reduction, recycling, and composting activities designed to exceed these goals.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 145. Effective June 19, 1990.)
41780.1. (a) Notwithstanding any other requirement of this part, for the purposes of determining the amount of solid waste which a regional agency is required to divert from disposal facilities or transformation facilities through source reduction, recycling, and composting to meet the diversion requirements of Section 41780, the regional agency shall use the solid waste disposal projections in the source reduction and recycling elements of the regional agency's member agencies. The method prescribed in Section 41780.2 shall be used to determine the maximum amount of disposal allowable to meet the diversion requirements of Section 41780.
(b) Notwithstanding any other requirement of this part, for the purposes of determining the amount of solid waste which a city or county is required to divert from disposal facilities or transformation facilities through source reduction, recycling, and composting to meet the diversion requirements of Section 41780, the city or county shall use the solid waste disposal projections in the source reduction and recycling elements of the city or county. The method prescribed in Section 41780.2 shall be used to determine the maximum amount of disposal allowable to meet the diversion requirements of Section 41780.
(c) To determine achievement of the diversion requirements of Section 41780 in 1995 and in the year 2000, projections of disposal amounts from the source reduction and recycling elements shall be adjusted to reflect annual increases or decreases in population and other factors affecting the waste stream, as determined by the board. By January 1, 1994, the board shall study the factors which affect the generation and disposal of solid
waste and shall develop a standard methodology and guidelines to be used by cities, counties, and regional agencies in adjusting disposal projections as required by this section. (d) The amount of additional diversion required to be achieved by a regional agency to meet the diversion requirements of Section 41780 shall be equal to the sum of the diversion requirements of its member agencies. To determine the maximum amount of disposal allowable for the regional agency to meet the diversion requirements of Section 41780, the maximum amount of disposal allowable for each member agency shall be added together to yield the agency disposable maximum.
(Added by Stats. 1992, Ch. 1292.)
41780.2. (a) Each city, county, or member agency of a regional agency shall determine the amount of reduction in solid waste disposal and the amount of additional diversion required from the base-year amounts by using the methods set forth in this section.
(b) The city, county, or member agency of a regional agency shall multiply the total amount of base-year solid waste generation, as adjusted using the methods described in subdivision (c) of Section 41780.1, by 0.75 to determine the maximum amount of total disposal allowable in 1995 to meet the diversion requirements of Section 41780.
(c) The city, county, or member agency of a regional agency shall multiply the total amount of base-year solid waste generation, as adjusted using the methods described in subdivision (c) of Section 41780.1, by 0.50 to determine the maximum amount of total disposal allowable in 2000 to meet the diversion requirements of Section 41780.
(d) The city, county, or member agency of a regional agency shall multiply the total amount of base-year solid waste generation, as adjusted using the methods described in subdivision (c) of Section 41780.1, by 0.25 to determine the minimum amount of total diversion needed in 1995 to meet the diversion requirements of Section 41780.
(e) The city, county, or member agency of a regional agency shall multiply the total amount of base-year solid waste generation, as adjusted using the methods described in subdivision (c) of Section 41780.1, by 0.50 to determine the minimum amount of total diversion needed in 2000 to meet the diversion requirements of Section 41780.
(f) The city, county, or member agency of a regional agency shall subtract the total amount of base-year existing diversion from the minimum total diversion required as determined in subdivision (d) or (e) to determine the amount of additional diversion needed to meet the diversion requirements of Section 41780. This amount of additional diversion shall be equal to the minimum amount of additional reduction in disposal amounts which is needed to comply with Section 41780.
(Added by Stats. 1992, Ch. 1292; Amended by Stats. 1993, Ch. 1169. Effective October 11, 1993.)
41781. (a) Except as provided in Sections 41781.1, and 41781.2, for the purpose of determining the base rate of solid waste from which diversion requirements shall be calculated, "solid waste" includes only the following: (1) The amount of solid waste generated within a local agency's jurisdiction, the types and quantities of which were disposed of at a permitted disposal facility as of January 1, 1990. Nothing in this section requires local agencies to perform waste characterization in addition to the waste characterization requirements established under Sections 41030, 41031, 41330, 41331, and 41332.
(2) The amount of solid waste diverted from a disposal facility or transformation facility through source reduction, recycling, or composting.
(b) For the purposes of this section, "solid waste" does not include any solid waste which would not normally be disposed of at a disposal facility.
(c) For the purposes of this chapter, the amount of solid waste from which the required reductions are measured shall be the amount of solid waste existing on January 1, 1990, with future adjustments for increases or decreases in the quantity of waste caused only by changes in population or changes in the number or size of governmental, industrial, or commercial operations in the jurisdiction. (Added by Stats. 1990, Ch. 145. Effective June 19, 1990; Amended by Stats. 1990, Ch. 1355. Effective September 25, 1990; Amended by Stats. 1991, Ch. 718. Effective October 9, 1991; Amended by Stats. 1992, Ch.
1292.)
41781.1. (a) Prior to determining that the diversion of sludge may be counted toward the diversion requirements established under Section 41780, but within 180 days of receiving such a request, the board shall do both of the following:
(1) Make a finding at a public hearing, based upon substantial evidence, that the sludge has been adequately analyzed and will not pose a threat to public health or the environment for the reuse which is proposed.
(A) Except as provided in subparagraph (B), prior to making the finding required to be made pursuant to this paragraph, the board shall consult with each of the following agencies, and obtain their concurrence in the finding, to the extent of each agency's jurisdiction over the sludge or its intended reuse:
(i) The state water board and the regional water boards.
(ii) The State Department of Health Services.
(iii) The State Air Resources Board and air pollution control districts and air quality management districts.
(iv) The Department of Toxic Substances Control.
(B) If, prior to the board making the finding required to be made pursuant to this paragraph, an agency specified in subparagraph (A) issues a permit, waste discharge requirements, or imposes other conditions for the reuse of sludge, the agency shall have been deemed to have concurred in that finding.
(2) Establish, or ensure that one or more of the agencies specified in subparagraph (A) of paragraph (1) establishes, ongoing monitoring requirements which ensure that the proposed sludge reuse does not pose a threat to health and safety or the environment.
(b) It is not the intent of this section to require the board, or the agencies listed in subparagraph (A) of subdivision (1), to impose additional requirements or approval procedures for sludge or sludge reuse applications, apart from the requirements and approval procedures already imposed by state and federal law. It is the intent of this section to require that the board determine that each sludge diversion for which diversion credit is sought, meets all applicable requirements of state and federal law, and thereby provides for maximum protection of the public health and safety and the environment.
(Added by Stats. 1991, Ch. 718. Effective October 9, 1991; Amended by Stats. 1992, Ch. 1293.)
41781.2. (a) (1) It is the intent of the Legislature in enacting this section not to require cities, counties, and regional agencies to revise source reduction and recycling elements prior to their submittal to the board for review and approval, except as the elements would otherwise be required to be revised by the board pursuant to this part.
Pursuant to Sections 41801.5 and 41811.5, compliance with this section shall be determined by the board when source reduction and recycling elements are submitted to the board pursuant to Section 41791.5. However, any city or county may choose to revise its source reduction and recycling element or any of its components prior to board review of the source reduction and recycling element for the purpose of complying with this section.
(2) It is further the intent of the Legislature in enacting this section to ensure that compliance with the diversion requirements of Section 41780 shall be accurately determined based upon a correlation between solid waste which was disposed of at permitted disposal facilities and diversion claims which are subsequently made for that solid waste.
(b) For the purposes of this section, the following terms have the following meaning:
(1) "Action by a city, county, regional, or local governing body" means franchise or contract conditions, rate or fee schedules, zoning or land use decisions, disposal facility permit conditions, or activities by a waste hauler, recycler, or disposal facility operator acting on behalf of a city, county, regional agency, or local governing body, or other action by the local governing body if the local government action is specifically related to the claimed diversion.
(2) "Scrap metal" includes ferrous metals, nonferrous metals, aluminum scrap, other metals, and auto bodies, but does not include aluminum cans, steel cans, or bimetal cans.
(3) "Inert solids" includes rock, concrete, brick, sand, soil, fines, asphalt, and unsorted construction and demolition waste.
(4) "Agricultural wastes" includes solid wastes of plant and animal origin, which result from the production and processing of farm or agricultural products, including manures, orchard and vineyard prunings, and crop residues, which are removed from the site of generation for solid waste management. Agriculture refers to SIC Codes 011 to 0291, inclusive.
(c) For purposes of determining the base amount of solid waste from which the diversion requirements of this article shall be calculated, "solid waste" does not include the diversion of agricultural wastes; inert solids, including inert solids used for structural fill; discarded, white-coated, major appliances; and scrap metals; unless all of the following criteria are met:
(1) The city, county, or regional agency demonstrates that the material was diverted from a permitted disposal facility through an action by the city, county, or regional agency which specifically resulted in the diversion.
(2) The city, county, or regional agency demonstrates that, prior to January 1, 1990, the solid waste which is claimed to have been diverted was disposed of at a permitted disposal facility in the quantity being claimed as diversion. If historical disposal data is not available, that demonstration may be based upon information available to the city, county, or regional agency which substantiates a reasonable estimate of disposal quantities which is as accurate as is feasible in the absence of historical disposal data. (3) The city, county, or regional agency is implementing, and will continue to implement, source reduction, recycling, and composting programs, as described in its source reduction and recycling element.
(d) If a city, county, or regional agency source reduction and recycling element submitted pursuant to this chapter includes the diversion of any of the wastes specified in subdivision (c) for years preceding the year commencing January 1, 1990, that diversion shall not apply to the diversion requirements of Section 41780, unless the criteria in subdivision (c) are met.
(e) If a city, county, or regional agency source reduction and recycling element submitted pursuant to this chapter does not contain information sufficient for the city, county, or regional agency to demonstrate to the board whether the criteria in subdivision (c) have been met, the city, county, or regional agency may provide additional information following board review of the source reduction and recycling element pursuant to Section 41791.5. In providing the additional information, Sections 41801.5 and 41811.5 shall apply.
(f) In demonstrating whether the requirements of paragraph (1) of subdivision (c) have been met, the city, county, or regional agency shall submit information to the board on local government programs which are specifically related to the claimed diversion.
(g) Notwithstanding any other provision of law, for purposes of determining the base amount of solid waste from which the diversion requirements of this article shall be calculated for a city, county, or regional agency which includes biomass conversion in its source reduction and recycling element pursuant to Section 41783.1, the base amount shall include those materials disposed of in the base year at biomass conversion facilities.
(Added by Stats. 1992, Ch. 1292; Amended by Stats. 1993, Ch. 1169. Effective October 11, 1993; Amended by Stats. 1994, Ch. 1227.)
41782. (a) The board may make adjustments to the amounts reported pursuant to subdivision (a) and (c) of Section 41821.5, if the city, county, or regional agency demonstrates, and the board concurs, based on substantial evidence in the record, that achievement of the diversion requirements of Section 41780 is not feasible due to *** either of the following circumstances:
(1) A medical waste treatment facility, as defined in subdivision (a) of Section 25025 of the Health and Safety Code, accepts untreated medical waste, which was generated outside of the jurisdiction, for purposes of treatment, and the medical waste, when treated, becomes solid waste.
(2) (A) A regional diversion facility within the jurisdiction accepts material generated outside the jurisdiction and the conversion or processing of that material results in the production of residual solid waste that cannot feasibly be diverted. Any adjustment provided pursuant to this paragraph shall apply only to that portion of the residual solid waste produced as a consequence of processing material that is not subject to the reporting requirements of subdivisions (a) and (c) of Section 41821.5 and that cannot feasibly be allocated to the originating jurisdiction.
(B) For purposes of granting the reduction specified in subparagraph (A) and for the purpose of calculating compliance with the diversion requirements of Section 41780, "regional diversion facility" means a facility which meets all of the following criteria:
(1) The facility accepts material for recycling from both within and without the jurisdiction of the city or county within which it is located.
(2) All material accepted by the facility has been source-separated for the purpose of being processed prior to its arrival at the facility.
(3) The residual solid waste generated by the facility is a byproduct of the recycling that takes place at the facility.
(4) The facility is not a solid waste facility or solid waste handling operation pursuant to Section 43020.
(5) The facility contributes to regional efforts to divert solid waste from disposal.
(b) If the board makes an adjustment pursuant to subdivision (a), the annual report required pursuant to Section 41821 by the jurisdiction, within which a medical waste treatment facility or regional diversion facility described in subdivision (a) is located, shall include all of the following information:
(1) The total amount of residual solid waste produced at the facility.
(2) The waste types and amounts in the residual solid waste that cannot be feasibly be diverted.
(3) The factors that continue to prevent the waste types from being feasibly diverted.
(4) Any changes since the petition for adjustment was granted or since the last annual report.
(5) The additional efforts undertaken by the jurisdiction to divert the waste produced at the facility.
(c) Based upon the information submitted pursuant to subdivision (b), if the board finds, as part of the biennial review pursuant to Section 41825, that the residual solid waste that previously could not be diverted can now be diverted, the board shall rescind the adjustment commensurate with the amount of diversion of the residual tonnages.
(d) It is not the intent of the Legislature to exempt any solid waste facility or handling operation from periodic tracking and the reporting of disposal tonnages in accordance with the regulations adopted by the board pursuant to subdivisions (a) and (c) of Section 41821.5, or from the permitting requirements pursuant to Section 43020.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 1355. Effective September 25, 1990; Amended by Stats. 1992, Ch. 1292; Amended by Stats. 1993, Ch. 1169. Effective October 11, 1993; Repealed and added by Stats. 1994, Ch. 1227; Amended by Stats. 1995, Ch. 665.)
41783. For any city, county, or regional agency source reduction and recycling element submitted to the board after January 1, 1995, the 50 percent diversion requirement specified in paragraph (2) of subdivision (a) of Section 41780 may include not more than 10 percent through transformation, as defined in Section 40201, if all of the following conditions are met:
(a) The transformation project is in compliance with Sections 21151.1 and 44150 of this code and Section 42315 of the Health and Safety Code.
(b) The transformation project uses front-end methods or programs to remove all recyclable materials from the waste stream prior to transformation to the maximum extent feasible.
(c) The ash or other residue generated from the transformation project is routinely tested at least once quarterly, or on a more frequent basis as determined by the agency responsible for regulating the testing and disposal of the ash or residue, and, notwithstanding Section 25143.5 of the Health and Safety Code, if hazardous wastes are present, the ash or residue is sent to a class 1 hazardous waste disposal facility.
(d) The board holds a public hearing in the city, county, or regional agency jurisdiction within which the transformation project is proposed, and, after the public hearing, the board makes both of the following findings, based upon substantial evidence on the record:
(1) The city, county or regional agency is, and will continue to be, effectively implementing all feasible source reduction, recycling, and composting measures.
(2) The transformation project will not adversely affect public health and safety or the environment.
(e) The transformation facility is permitted and operational on or before January 1, 1995.
(f) The city, county, or regional agency does not include biomass conversion, as authorized pursuant to Section 41783, in its source reduction and recycling element.
(Added by Stats. 1989, Ch. 1095; Amended by Stats. 1990, Ch. 1355. Effective September 25, 1990; Amended by Stats. 1993, Ch. 663; Amended by Stats. 1994, Ch. 1227.)
41783.1. (a) For any city, county, or regional agency source reduction and recycling element submitted to the board after January 1, 1995, the 50 percent diversion requirement specified in paragraph (2) of subdivision (a) of Section 41780 may include not more than 10 percent through biomass conversion if all of the following conditions are met:
(1) The biomass conversion project exclusively processes biomass.
(2) The biomass conversion project is in compliance with all applicable air quality laws, rules, and regulations.
(3)The ash or other residue from the biomass conversion project is regularly tested to determine if it is hazardous waste and, if it is determined to be hazardous waste, the ash or other residue is sent to a class 1 hazardous waste disposal facility.
(4) The board determines, at a public hearing, based upon substantial evidence in the record, that the city, county, or regional agency is, and will continue to be, effectively implementing all feasible source reduction, recycling, and composting measures.
(5) The city, county, or regional agency does not include transformation, as authorized pursuant to Section 41783, in its source reduction and recycling element.
(Added by Stats. 1994, Ch. 1227.)
41784. If the board dete