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Re: [greenyes] California fines to Gardena and McFarland
Helen, Debby:
CIWMB has a database listing penalties and diversion rates for the years
1995-2003, see

http://www.ciwmb.ca.gov/LGTools/mars/jurdrsta.asp

I went through the years for CA and found that penalties occurred in:

Gardena in 2000
McFarland in 2001
McFarland in 2002
none in 2003.

Then I searched the CIWMB web page for McFarland and Gardena and found the
following press release clipped below:
http://www.ciwmb.ca.gov/pressroom/2004/july/39.htm

the CIWMB;'s resolution for the fines for McFarland can be found at
http://www.ciwmb.ca.gov/agendas/mtgdocs/2004/07/00016695.doc

The compliance order for Gardena is found at:
http://www.ciwmb.ca.gov/orders/planning/2003/gardena.pdf
evidently they refused to join the JPA in their area and to submit any diversion
numbers to tthe CIWMB.

Best,
Toni
Antoinette "Toni" Stein, PhD
800 Magnolia Street
Menlo Park, CA 94025

Telephone:  650-853-0314
cell:              650-823-7662
tweil@no.address


City of McFarland Fined for Inadequate Waste Diversion Efforts
SACRAMENTO-The California Integrated Waste Management Board fined the City of
McFarland after the Kern County community failed to live up to its own timetable
for implementing waste cutting programs aimed at reducing disposal and
increasing diversion. The city's failure came despite a Board-extended deadline
in 2003 that gave McFarland until March 31, 2004, to show substantial progress
in diversion programs it filed in waste management work plans with the State.
"This Board fully expects the City of McFarland to join other communities around
the state in meeting California's 50 percent waste diversion requirement," said
Board Chair Linda Moulton-Patterson. "We are hopeful that the city will continue
its recent progress and avoid any future penalties."
The Board voted unanimously to fine the city $11,330 for its past failure to
implement waste diversion programs. The city had previously agreed to a schedule
of activities that included expanding recycling opportunities for the public and
instituting a mandatory commercial recycling program by March 31, 2004, but did
not complete those tasks.
The Board also voted to impose a $36,960 contingent fine if the city does not
complete the work it promised by December 31, 2004. Jurisdictions that fail to
meet the requirements of a compliance order may be subject to administrative
fines issued by the Board of up to $10,000 per day.
McFarland diverted 34 percent of its solid waste from disposal in 2000. The
Integrated Waste Management Act of 1989 required cities and counties to strive
for a 50 percent waste diversion goal or demonstrate to the Board compelling
reasons for not reaching the benchmark.
In January 2003, the Board placed McFarland on a compliance order for not
sufficiently implementing waste diversion programs identified in city reports to
the State. The city was given until the end of June to file a local assistance
plan (LAP) with the Board. Due to significant city staffing changes in July, the
Board extended the jurisdiction's deadline to August 31, 2003, in which to
complete finalization of the compliance order work plan.
McFarland subsequently submitted a final LAP in August 2003, but the Board found
the city failed to demonstrate a good faith effort in implementing most of the
tasks outlined in the LAP as of March 31, 2004. This finding resulted in the
city receiving a Notice of Penalty Hearing from the Board in June, usually a
precursor of pending administrative penalties.
The California Integrated Waste Management Board is the State's leading
authority on recycling and waste reduction. It promotes a zero waste California
in partnership with local government, industry, and the public. This means
reducing waste whenever possible, promoting the management of all materials to
their highest and best use, and protecting public health and safety and the
environment.
The California Integrated Waste Management Board is one of six boards,
departments, and offices within the California Environmental Protection Agency
(Cal/EPA).
# # #
Zero Waste?You Make It Happen!
Visit us at www.ciwmb.ca.gov to learn more about reducing waste.





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