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California Integrated Waste Management Board Prison Noncompliance Oct 2007

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California Integrated Waste Management Board
Board Meeting
October 16, 2007
AGENDA ITEM 3 (Revised)
ITEM
Consideration Of Action For Noncompliance With The 50 Percent Diversion Mandate By: 20th
District Agricultural Association; 7th District Agricultural Association; Calipatria State Prison;
San Quentin State Prison; Compton Community College; 21st District Agricultural Association;
California Institution For Men, Chino; And Richard J. Donovan Correctional Facility
I.

ISSUE/PROBLEM STATEMENT
The California Integrated Waste Management Board (CIWMB)’s Jurisdiction Compliance and
Audit Section has identified 396 reporting State agencies and large State facilities that are
required to comply with the mandates of Public Resources Code (PRC) 42921 (b). PRC
Section 42921 (b) mandates that each reporting State agency and large State facility on and
after January 1, 2004, shall divert at least 50 percent of all solid waste from landfill disposal.
Staff has identified 8 of the 396 reporting State agencies and large State facilities as being
noncompliant with PRC Section 42921 (b).

II.

ITEM HISTORY
The Board has heard items addressing noncompliance of State Agencies and large State
facilities on four previous occasions. At the December 7, 2006, Board Meeting (Item 13), the
Board found that 16 State agencies and large State facilities were in noncompliance with the
50% diversion mandate and/or had not submitted the required annual report. At the December
7, 2006, meeting, the following agencies and facilities were found noncompliant for two or
more consecutive years: Compton Community College; 21st District Agricultural Association;
California Institution for Men, Chino; and the Richard J. Donovan Correctional Facility.

III.

OPTIONS FOR THE BOARD
1. Place each State agency/facility on the noncompliance section of the CIWMB’s website;
2. Direct the Board leadership to meet with the leaders of the noncompliant State agency
or facility to discuss compliance. Additionally, direct staff to request each
agency/facility to submit an explanation of how they plan to meet the 50 percent
diversion mandate. Staff should use this explanation to assist the State
agency/facility in achieving the 50 percent diversion mandate;
3. Direct CIWMB staff to develop a letter signed by the Board’s Chair reporting the
noncompliance with PRC Section 42921 (b) to the Legislature and the Governor noting
that the 50 percent diversion mandate was not met;
4. The Board may direct the Office of Public Affairs to notify the media of the noncompliance
of a State agency/facility that does not achieve full compliance in two or more consecutive
years; and/or
5. Take no action at this time and provide staff with further direction.
6. Find that San Quentin State Prison and the 20th District Agricultural Association are in
compliance with PRC Section 42921 (b).

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IV.

STAFF RECOMMENDATION
Staff recommends that the Board approve options 1, 2, and 3 for each State agency and
large State facility included in Attachment 1. Staff also recommends that the Board adopt
option 6 for San Quentin State Prison and the 20th District Agricultural Association.

V.

ANALYSIS
A. Key Issues and Findings
Background
PRC Section 42921 (b) requires State agencies and large State facilities to meet the
mandate of 50 percent waste diversion on and after January 1, 2004. Based on PRC
Section 42921 (b), the 8 State agencies and large State facilities identified in this item are
not in compliance with the diversion mandate.
To assist State agencies and large State facilities with submitting the annual reports,
CIWMB developed an electronic reporting system called the State Organization and
Agency Recycling Database (SOARD) system in 2002. This system allows all reporting
State agencies and large State facilities to streamline the process by submitting an
electronic annual report quickly and easily. All State agencies and large State facilities
have successfully used the electronic reporting system to comply with the requirements of
the PRC Section 42926.
The SOARD system tracks diversion within six (6) major diversion program categories.
The diversion program categories are as follows: source reduction, recycling,
composting, special waste, facility recovery and transformation. The SOARD system
automatically calculates the overall waste diversion percentage once the State agency
or large State facility enters the diversion programs, the tons associated with the
diversion programs, and total tons disposed.
Basis for staff’s analysis
Local Assistance and Market Development (LAMD) Division staff received each
agency/facility’s annual report. LAMD has been in contact with the Recycling Coordinator
(RC) of each identified State agency and large State facility to make an initial
determination regarding achievement of the diversion mandate. LAMD identified all
diversion achieved and also provided assistance in completing and submitting annual
reports. Upon conclusion of LAMD’s analysis, all noncompliant agencies and facilities
were transmitted to the Jurisdiction Compliance and Audit (JCA) section for further review
and a final recommendation. JCA staff completed a thorough analysis of all available
information included in the submitted annual reports. JCA’s investigation included
consulting LAMD staff and the State agency or facility’s Recycling Coordinator (RC)
through phone interviews and site visits as necessary. As part of JCA’s analysis, the State
agencies and large State facilities were asked to identify circumstances that prevented
diversion of materials. Some of the explanations given to staff included: unavailability of
documentation, turnover of departmental staff, and inability to substantiate data due to lack
of documentation. All State agencies and large State facilities have been responsive.
However, in some cases, adequate supporting documentation has not been provided.

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Findings
CIWMB staff have determined that the identified State agencies and large State facilities
have not met the necessary requirements to be in compliance with PRC Section 42921 (b),
50 percent diversion of all solid waste from landfills. Additional details regarding the
situations of each of the State agencies and facilities are reflected in Attachment 1.
Attachment 1 contains such information as the 2006 overall diversion rate, the 2005 overall
diversion rate, total generation for 2006, total tons diverted for 2006, total tons disposed in
2006, and a condensed statement from the State agency or facility disclosing why they did
not meet the 50 percent waste diversion mandate.
Following the submittal of this agenda item, staff received additional diversion tonnage
documentation from San Quentin State Prison and the 20th District Agricultural Association
for consideration in their 2006 State Agency Waste Management Annual Report. Upon
staff analysis of the additional diversion information, staff has determined that the
supporting documentation supports achievement of the diversion mandate. San Quentin
State Prison submitted documentation to support the addition of 131 tons of diversion to
their diversion rate calculation, bringing the diversion rate to 51 percent for 2006. The 20th
District Agricultural Association submitted documentation to support the addition of 24
tons of diversion to their diversion rate calculation, bringing the diversion rate to 55 percent
for 2006. Because the rates for both San Quentin State Prison and the 20th District
Agricultural Association are over 50 percent, staff is recommending that they be found to
be in compliance with the State diversion mandate.
B. Environmental Issues
Based on available information, staff is not aware of any environmental issues related
to this item.
C. Program/Long Term Impacts
If clear direction or action is not taken, additional agencies and facilities may follow
the example set by these noncompliant State agencies and large State facilities and
may fail to implement programs that will help them to meet and maintain the State
diversion mandate of 50 percent of all solid waste from landfill disposal.
D. Stakeholder Impacts
The specific impacts of this agenda item on the State agencies and large State
facilities identified in this agenda item are not known at this time. It will be
dependent on the actions of the Board and the Legislature.
E. Fiscal Impacts
No fiscal impact to the CIWMB results from this item.
F. Legal Issues
The PRC is silent on the Board’s authority for enforcement action against any State
agency or large State facility that is not compliant or that has misreported to the
Board.
G. Environmental Justice
Staff is not aware of any environmental justice issue related to this item.
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VI.

FUNDING INFORMATION
No fiscal impact to the CIWMB results from this item.

VII.

ATTACHMENTS
1. Additional Analysis of State agencies and large State facilities Noncompliance with
PRC Section 42921 (b).
2. Staff Recommendations Table
3. Resolution Number 2007-212

VIII. STAFF RESPONSIBLE FOR ITEM PREPARATION
A. Program Staff: Terri J. Edwards
B. Legal Staff: Tamar Dyson
C. Administration Staff: Marjorie Chadwick
IX.

Phone: (916) 341-6733
Phone: (916) 341-6083
Phone: (916) 341-6691

WRITTEN SUPPORT AND/OR OPPOSITION
A. Support
CIWMB staff received no written support at the time this agenda item was prepared.
B. Opposition
CIWMB staff received no written opposition at the time this agenda item was prepared.

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