Fwd: RE: [GreenYes] AB939 fines?

[Gary Liss <gary@garyliss.com>]

State Waste Board Fines Jurisdictions for Violating Waste
Diversion Planning Law
SACRAMENTO—Reiterating the State's commitment to cutting
California's trash in half by 2000, the Integrated Waste Management
Board has assessed a total of $47,700 in fines against three local
governments for failing to submit plans outlining how each intended to
meet mandates of the State's 1989 waste diversion law. It was the first
time the Board fined cities or counties for failing to comply with the
Integrated Waste Management Act. 
After separate public hearings on Thursday, the cities of Guadalupe and
Santa Fe Springs and Mariposa County were ordered to pay fines ranging
from $2,200 to $43,000. 
"Since 1990, the Waste Board has taken the position that we want to
work with cities and counties to achieve the State's waste diversion
goals, and that is still our philosophy," said Board Chairman Daniel
G. Pennington. "Unfortunately, while most California communities
have developed and submitted plans on how they can keep 50 percent of
their solid waste out of landfills by 2000-and, more importantly, are
implementing programs to reach that goal-some jurisdictions have not
complied. 
"There is absolutely no reason why these jurisdictions should trail
behind while the rest of the state continues to work hard implementing
comprehensive recycling and waste reduction programs that have already
helped California reach 30 percent waste diversion." 
AB 939, the 1989 bill that established increased recycling as a top State
priority, called for the state to divert 25 percent of its waste from
landfills by 1995 and 50 percent by the year 2000. At the close of 1995,
the state surpassed its first milestone, when the Board announced a
statewide diversion rate of 26 percent. By 1996 that rate had increased
to 30 percent. Jurisdictions that fail to achieve these goals are subject
to possible enforcement action as well. 
As part of its planning requirement, AB 939 requires all jurisdictions to
submit waste plans-known as Source Reduction and Recycling Elements-that
establish baseline figures and outline the new or existing programs the
city or county will use to reach the diversion requirements. Examples
include curbside recycling and backyard composting programs. 
"Without these plans in hand there is no way for the State to
determine if the jurisdiction is prepared for and heading in the right
direction toward meeting the diversion goals," Pennington said.
"We can't determine if they are in compliance and certainly cannot
help them implement programs unless we know what their plan is to begin
with." 
After careful deliberation of each case, the Board took the following
actions: 
Fined Guadalupe $7,200 for failing to submit its plan by December 31,
1994, as required, but forgave $5,000 of that amount if the city's
completed waste management plan is submitted within 31 days. If the plan
is not submitted and complete by that deadline, the $5,000 will be
reinstated, and the city will be fined an additional $617 for each day
after the new deadline its plan is not complete. The Board forgave the
$5,000 because of city staffing problems and because its only remaining
step before submitting its plan is to finish a legally required public
notice period. 
Fined Santa Fe Springs $43,000 for failing to resubmit a plan that the
Board had previously disapproved and sent back for revisions. If the city
does not submit a complete waste management plan to the Waste Board by
April 3, the fine will be increased by $3,683 for every day it is late.
Santa Fe Springs' original document was submitted on October 11, 1994 and
disapproved by the Waste Board in January 1995. The city has failed to
meet subsequent deadlines since and has yet to file a complete waste
management plan. 
Fined Mariposa County $21,000, but forgave all but $2,500 for failing to
submit its plan to the Waste Board in time. The Board forgave $18,500
because the County has provided a complete plan, but let the remainder of
the fine stand because the plan was submitted late. The county was to
have submitted the document to the Waste Board on December 31, 1994.
The Board also fined the tiny city of Point Arena $1,740, but heeded the
city's plea for "mercy" and forgave all of it because the town
has no permanent waste management staff, just a solid waste advisory team
made up of volunteers. Other factors in the Board's decision were the
town's small population and the fact that Point Arena has submitted a
completed plan. 
"This Board has generously agreed to reduce these fines from the
maximum $10,000 per day allowed by law. I only hope that we can continue
to work with these jurisdictions to implement their programs and help
these communities realize the reduced waste disposal and increased
landfill capacity being seen statewide," Pennington said. 
The law allows the Board to levy fines as high as $10,000 per day from
the time each jurisdictions' plan was due, but the Board exercised its
discretion yesterday and levied fines ranging from $20 to $737 per day.
The fines were assessed from December 1, 1997, when each jurisdiction was
notified of yesterday's scheduled hearing. The hearings were only
scheduled after a process beginning last spring in which some 60
communities were given tough deadlines to submit various required plans.
The four communities on which hearings were held were the only ones that
did not meet those deadlines. 
Prior to the deliberations, Waste Board staff presented the six-member
body with various options for assessing fines. The options outlined were
$10,000 per day fines for serious infractions, $5,000 for moderate, and
$1,000 for what were considered minor failures to meet requirements by
some extent. The Board agreed on the $1,000 fine and then agreed to a
further option to reduce the $1,000 per day fines based on each
jurisdiction's total disposal, population, and taxable sales, compared
with the rest of the state. 
The Integrated Waste Management Board is responsible for protecting the
public's health and safety and the environment through management of the
46 million tons of solid waste generated in California each year. The
Board's mandate is to work in partnership with local government,
industry, and the public to achieve a 50 percent reduction in waste
disposed by the year 2000, while ensuring environmentally safe landfill
disposal capacity. 
The Waste Board is one of six boards and departments within the
California Environmental Protection Agency (Cal/EPA).

####

*********************************************************************

> From: "Orrill, Deborah"
> <DOrrill@CIWMB.ca.gov>
> To: "'Gary Liss'" <gary@garyliss.com>
> Cc: "Peck, Chris" <cpeck@CIWMB.ca.gov>
> Subject: RE: [GreenYes] AB939 fines?
> Date: Wed, 7 Feb 2001 17:22:28 -0800 
> X-Mailer: Internet Mail Service (5.5.2650.21)
>
> Check this out....
>
> http://www.ciwmb.ca.gov/pressroom/1998/jan/nr007.htm
>
> I think this is what you are looking for.
>
> debo
>
> -----Original Message-----
> From: Gary Liss
> [mailto:gary@garyliss.com]
> Subject: Fwd: [GreenYes] AB939 fines?
> >Date: Tue, 06 Feb 2001 10:11:36 -0700
> >To: greenyes@earthsystems.org
> >From: Helen Spiegelman <helens@axion.net>
> >Subject: [GreenYes] AB939 fines?
> >
> >I seem to recall that California's law (AB939) included sanctions
> against 
> >municipalities failing to achieve the 50% diversion goal ($10K /
> day?).
> >
> >Were any municipalities charged under the law?
> >
> >H.
> >
> >
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>
> Gary Liss
> 916-652-7850
> Fax: 916-652-0485

Gary Liss

916-652-7850

Fax: 916-652-0485