HomeMy WebLinkAbout01/16/1990, COMM. 3 - SOLID WASTE LEGISLATION E /-iG-90 ITEN # 3
���Il�lilllllllllll llll����� pIIIIIIIIIII
city of sAn luis oaspo
990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100
M E M O R A N D U M
January 2, 1990
TO: Council Colleagues
FROM: Penny Rappa MSC
SUBJECT: SOLID WASTE LEGISLATION
Recent legislation will change how we view solid waste management.
It will also change the responsibility and involvement of cities.
Attached is a summary of the most recent bills passed and the
"role" of cities as seen by the State Waste Management. Board.
You will see from the information included that someone(s) will
have a big job in order for us to comply.
II request the Council consider augmenting staff with at least one
person to perform these tasks.
PR:ss
Attachment
}5
SOLID-WASTE rLANNING' :UNDERSTANDING AND
IMPLEMENTING AB 939
9:00 - 11:45 am; Tuesday, December 17
1 Continental Ballroom 6, Hilton Hotel
CITY CHECKLIST FOR
IMPLEMENTATION OF AB 939
1. Participate in County Task Force.
Il. Review County Siting Plan to determine if facilities listed are sited in areas
inconsistent with the General Plan.
Ill. Act on County Siting Plan within 90 days (unless it is to be deemed approve).
IV. Comply with Recycling Goals.
A. Prepare, adopt and submit to the County a Source Reduction and Recycling
Element consisting of:
1. Waste Characterization Component
2. Source Reduction Component
3. Recycling Component
4. Composting Component
5. Solid Waste Facility Capacity Component
6. Education and Public Information Component
7. Funding Component
8. Special Waste Component
9. Household Hazardous Waste Component
* The Element must include an implementation schedule to achieve 25%
reduction by January 1995, 50% (or greatest amount feasible) by January
2000. (Review exemptions for small cities/small waste quantities.)
* City must hold a public hearing on the Element.
B. In order to prepare and implement Element:
I. Consider whether to "team up" with other city, JPA, etc., to prepare
Element.
2. Consider early preparation and submittal of Element to Board (prior
to submittal to Counfy) to avoid possible penalties.
3. Stress importance of accurately recording/counting tonnages being
landfilled. Also cities should review or develop information on
waste composition.
4. Adopt ordinances to require "counting and reporting" of amount of
materials being recycled in city.
5. Adopt ordinances requiring space set aside for recycling in all new
developments. General Review of Zoning/Building Codes to allow
recycing (i.e., garbage enclosure required for recycling bins?).
G bit. 3 a
6. Funding needs to be included in budgets for
Integrated Waste Management. Tax
Preparation of Source. Reduction and Recycling Element
Implementation of Element (recycling/source reduction
programs)
7. Inventory. City-owned and other property for recycling operations.
8. Reminder - Developing markets for recyclables will become even
moreimportant as cities strive to comply with AB 939.
V. Cities Which Own/Operate Landfills
A. Arrange to administer and pay tax
B. Who will be LEA
1. Rules: who can/can't
2. Certification requirements
C. Reminder - Eastin closure plan requirements.
VI. Cities Developing Solid Waste Facilities
A. Transistion from COSWMP to COIWMP
B. Transition old LEA to new LEA.
C. Integrate recycling wherever possible.
i
i
CALIFORNIA LAWS AFFECTING RECYCLING
(Laws enacted through 1989 legislation)
Prepared by the California Waste Management Board
November 1, 1989
Exciting new legislation was enacted in 1989 AB 939
which will entirely revamp how solid waste is (Chapter 1095, Stats. 1989)
managed in California. Based on the.principles Armors: Sher, Fascia, Kiil-lea
of integrated waste management, the new laws -
give renewed emphasis to conservation of AB 939, the California Integrated Waste
natural resources by reaffirming the State's Management Act of 1989, establishes state-
reduce, re-use, recycle hierarchy of values. mandated local integrated waste management
programs:
The laws give increased responsibility to city
and county governments to plan for and I. The Act replaces the current part-time.
accomplish high levels of diversion of waste California Waste Management Board
from landfill disposal: 25% by 1995 and.50% (CWMB) with a six-member, full-time
by 2000! A newly created California.integrated California integrated Waste Management
Waste Management Board is given the Board (CIWMB) consisting of:
J responsibility to oversee this effort and to
undertake new programs to facilitate marketing s one member, appointed by the Governor,
of recyclable wastes. with private-sector; solid waste industry
experience;
These and other provisions are described in the s one member, appointed by the Governor,
laws summarized below. The two most who has been an official of a nonprofit
important of these laws are AB 939 and SB organization promoting recycling and
1322. environmental protection;
e two members-appointed by the Governor
If you desire a copy of a particular law, we who represent the public;
suggest you call the State Capitol Bill Room at ■ two other members representing the public
(916) 445-2323. If you have questions about -- one each appointed by the.Senate Rules
how a particular law will be implemented, we Committee and by the.Speaker of the
suggest you call the California Integrated Waste Assembly.
Management Board's Resource Conservation
Division at (916) 324.6944. AB 939 also institutes strict conflict-of-interest
restrictions governing Board members' income
A summary of 1989 Integrated Waste. sources, Board actions, and.ex-parte
Management Legislation: communications.
2. The Act requires that each county establish
a task force to coordinate city source
reduction and recycling activities for
printed on recycled paper
inclusion in countywide integrated allowed by the Board where the 50 percent
waste management plans. goal is proven not to be feasible.
3. By January 1, 1991, each county must 7. The Board must approve or disapprove a
prepare a source reduction and recycling plan within 120 days of receipt. If a plan
element for its unincorporated areas. By is disapproved, the local jurisdiction must
July 1, 1991, each city must prepare, make corrections within 120 days. The
adopt, and submit to the county a source Board may impose administrative civil
reduction and recycling element. The penalties of up to 510,000 per day for
elements must include the following failure to submit an adequate.plan.
components:
8. The preparation and implementation of
• a waste characterization study; local plans are to be funded by fees
■ a source reduction component; imposed by local jurisdictions on
■ a recycling component; generators of solid waste.
• a composting component;
■ a solid waste capacity component; 9. The Board rnust adopt minimum statewide
■ a public information component; standards for solid waste handling and
■ a funding component;, disposal.
■ a special waste component; and,
• a household hazardous waste 10. The existing comprehensive system of
component. permits, inspection and site cleanup and
maintenance for all solid waste facilities in
4. Each county must prepare a countywide the state is strengthened through increased
siting element specifying areas for disposal Board regulation and guidance.
or transformation sites needed for the
ensuing 15 years, to provide for residual 11. Funding for programs of the new Board
wastes which cannot be diverted through (including those in SB 1322) will be
source reduction, recycling, and accomplished through a landfill surcharge
composting. set at 50 cents per ton beginning
January 1, 1990, and increasing to a
S. Each county must prepare, adopt and maximum of$1 per ton after
submit to the State Board an integrated January 1, 1991.
waste management plan which includes
the city and county elements for source
reduction and recycling and the SB 1322
countywide siting element. (Chapter 1096,Stats. 1989)
Author. Bergeson (R)
6. The Act establishes a statewide hierarchy
for integrated waste management, using This bill-establishes a comprehensive set of
the priorities of (1) source reduction, state programs designed to increase recycling
(2) recycling and composting, and (3) en- and encourage the development of markets for
vironmentally safe land disposal and trans- recyclable materials.
formation (at the discretion of local
governments). The new programs include:
Cities and counties are required to divert 1. Creation of a Source Reduction Advisory
25 percent of solid waste from landfills Committee comprised of seven members,
through source reduction, recycling and appointed by the Governor and the
composting by January 1, 1995. By legislative leadership. The Committee will
January 1, 2000, a 50 percent diversion is meet beginning.January 1991, to develop
mandated. Alternative goals may be recommendations to the Integrated Waste
2
Management Board, the Governor and 9. Creation of a technical assistance program
Legislature July 1991, on methods for through which the Integrated Waste
reducing wastes generated in Management Board helps local agencies
California. plan and enforce the new programs and
laws, and provides waste reduction
2. Creation of a Recycling Market evaluations for government and business
Development Commission that will make offices.
annual recommendations to the Governor
and the Legislature on methods for 10. Erection of statewide public information
developing markets for recyclablematerials programs encouraging public and private
in the State. participation in source reduction and
recycling of wastes, using promotional
3. Creation of a state program that would materials developed by the Board and the
authorize local governments to establish State Department of Education.
'market development zones' where
manufacturers would benefit from fiscal 11. Institution of an office.paper recovery
and regulatory incentives to stimulate program through which the Integrated
private investments in recycling. Waste Management Board initiates
programs to collect waste office paper from
4. Establishment of a high-grade paper state and local agencies.
recycling program that would require state .
agencies to purchase 25% of high grade 12. Implementation of a Los Angeles County
papers be made from recycled paper. The - pilot litter program which provides up to
requirement would increase to 30% in $1 million to the Integrated Waste
1994, 35% in 1997, and 40% in the year Management.Board for a litter cleanup
2000. program in the County of Los Angeles.
5. Creation of a compost market program 13. Provision of a research and development
requiring the Department of General program to identify, develop and refine
Services, Caltrans and the Department of processes and technologies that will assist
Forestry and Fire Protection to begin using state and local governments in their
compost in lieu of other commercial resource management and waste reduction
fertilizers for various landscaping, park and programs.
recreational projects.
14. SB 1322 also requires the Integrated Waste
6. Formation of plastic recycling program Management Board to submit a
requiring the Department of General comprehensive biennial report to the
Services to establish procurement practices Legislature and Governor describing its
and specifications for the purchase ofprogress in implementing the new
recycled plastic products. programs.
7. Institution of a retreaded tire program
requiring the Department of.,General
Services to begin using retreaded tires on
state (non- emergency) vehicles.
8. Establishment of a recycled lead-acid
battery program requiring all lead-acid
batteries purchased by state agencies be
recycled batteries.
3
AB 4 4. Establishes procurement goals for recycled
(Chapter 1094) products overall as follows:
Author- Eastin
a. 10% of State purchases by January 1, 1991
Recycled Products Procurement. b. . 20% of State purchases by January 1, 1993
State and Local Agencies c. 40% of State purchases by January 1,
1995:
This law -- titled the State Assistance for
Recycling (STAR) Markets Act of 1989- 5. Requires the director of the Department of
requires increased procurement of recycled General Services -- in consultation with the
products by state and local agencies and the CWMB -- to review existing procurement
Legislature. specifications, and to eliminate any
discrimination against the procurement of
Major provisions of the law are as follows: recycled products whenever quality of the
recycled product is functionally equal to
State Agencies and the Legislature the sameproduct manufactured with virgin
resources.
1. Establishes procurement goals for
recycled paper products, as follows: 6. Requires the Department of General
Services to report annually to the
a. 35% of total expenditures by Legislature on the States' progress towards
January 1, 1992 meeting the recycled products procurement
b. 40% of total expenditures by goals established by this law.
January 1, 1994
C. 50% of total expenditures by Local and State Public Agencies
January 1, 1996.
1. Requires all local and state public agencies
2. Requires a 5 percent purchase price to purchase recycled products (those that
preference be extended to suppliers of apply for State purchases) instead of non-
recycled paper products. [Note: this recycled products -- fitness and quality
price preference was already in effect being equal -- whenever available at no
prior to passage of AB 4.1 more than the total cost of non-recycled
paper products.
3. Requires purchase preferences be
extended to the following recycled 2. Allows all local public agencies to extend a
products: compost and co-compost purchase price preference to recycled
products, glass, oil,plastics, solvents products and allows those agencies to
and paint, and tires, provided that: define the amount of thispreference.
a. the product meets applicable [Note: prior law did not allow for price
standards; preferences to be extended to non-paper
b. the product can be substituted for recycled products and restricted to 5% the
a comparable non-recycled price preference that local agencies could
product; and, extend to recycled paper products.]
c. the product costs no more than a
comparable non-recycled product.
[Note: purchase preferences for
compost and co-compost products
were in effect prior to passage of
AB 4; all the remaining recycled
products were added by AB 4.1
4
AB 1306 AB 2295
(Chapter 1092) (Chapter 1247
Author. Killea Author. Cortese
State Recycled Paving Materials Procurement Regulation of Sewage Sludge as Fertilizer
This law requires the Department of This law exempts application (land spreading)
Transportation (CalTrans) in consultation with of agricultural products derived from municipal
the CWMB to modify all bid specifications for sewage sludge from the requirement that "a
paving and other related materials used in state finding of public need and necessity" precede
contracts, so that the maximum use of recycled such application. The law also exempts these
materials is encouraged without compromising products fiom the requirement that their
quality standards for highway construction. application be in conformance with County
The law does not establish minimum Solid Waste Management Plans.
percentages or goals for the.use of these
recycled materials. This law does not exempt agricultural products
derived from municipal sewage sludge from the
definition of a solid waste nor the requirement
AB 1570 that the application site be permitted as a solid
(Chapter 1226) waste facility. Furthermore, application of
Author. Sher these products will require a determination by
the CWMB that such application does not pose
State Used Oil Procurement a threat to public health, safety, or to the
and Ort Container labeling environment.
This law requires all state agencies purchasing
motor oil, and their contractors,.to purchase AB 1041
motor oil and.industrial oil containing the (Chapter 4980
% greatest percentage of recycled oil, provided Author. LaFollette
that the recycled oil:
1. is available within a reasonable period Plastics Study and Report
of time;
2. is able to meet reasonable performance This law requires the CWMB to submit a report
standards; and, of specified content on the use, disposal, and
3. is available at no greater cost than recyciability of plastic not subject to the
comparable virgin oil products. Beverage Container Recycling and Litter
Reduction Act. This report must be submitted
The law requires that manufacturers of oil to the Governor and the Legislature on or
containers intended for sale in California do before January 1, 1991.
one of the following:
1. Label the container to (a) inform AB 1305
consumers that used motor should be (Chapter 1093)
disposed of properly, and (b) provide Author- Killea
the number of a toll-free hotline
(operated by the CIWMB) which Recycled Newsprint Purchasing
identifies facilities that accept used
motor oil. This law requires that all commercial
2. Provide signs or other written materials consumers of newsprint ensure that at least
to retailers appropriate for informing. 25% of their newsprint consumption consists of
consumers of the information that recycled-content newsprint, beginning Jan. 1,
would otherwise be contained on the 1991. Recycled-content newsprint is defined as
label described above. that containing at least 40% post-consu rner
�, I 5
wastepaper. Mandated consumption AB 1843
percentages shall increase incrementally until (Chapter 974)
they reach 500.6 by January 1, 2000. Author. W. Brown
The law requires every commercial consumer of Tire Disposal and Recycling
newsprint to certify to the CWMB the total
number of tons of newsprint used and the This law enacts a major environmental
number of tons of recycled-content newsprint regulatory program to control the disposal of
used during each calendar year. Commercial used tires. For the.first time, tire stockpiles are
consumer: of newsprint will not be held required to be registered and permitted.
subject to the recycled-content consumption
requirements if they are able to certify that any The law establishes a disposal fee of twenty-
of the following conditions for recycled-content five cents ($0.25) per tire, effective July 1,
newsprint existed during any reporting period: 1990, paid by each person who leaves tires for
disposal with a new or used tire dealer. The
1. it was not available in sufficient majority of the fee proceeds are available to'
amounts, affected industries in the form of grants and
2. it was not available at a comparable loans for developing alternative uses for used
price to that for non-recycled tires, and for reducing tire stockpiling and
newsprint, landfilling. The fee assessment provisions of
3. it failed to meet quality standards the law become inoperative on June 30, 1999,
established by this law, or and will be repealed as of January 1, 2000
4. it was not available within a reasonable unless extended by further legislation.
period of time.
In addition, the law requires the CWMB.to
The law also requires the CWMB to survey the adopt emergency-regulations which establish
use of all recycled-content papers in Califomia procedures for permitting landfalls and waste
(including papers other than newsprint) after tire facilities which would be authorized to \
January 1, 1994, and report its findings to the accept waste tires: The.CWMB is required to /1
Legislature on or before July 1, 1994. report annually to the Legislature the volume -
of used tires diverted from landfills, and is also
required to complete a Legislative report by
AB 888 December 1, 1991, regarding an assessment of
(Chapter 89) the feasibility of utilizing waste tires as fuel
Author. LaFollette supplements.
Household Hazardous Waste Pians For the purposes of initial implementation the
bill, one million dollars.($1,000,000) will be
This law requires that county solid waste transferred from the Environmental License
management plans (CoSWMPs) be revised to Plate Fund (ELPF) as a loan to the recycling
identify a program for the collection, recycling, fund. This money will be repaid to the ELPF
and disposal of household hazardous waste, by July 1, 1991, with interest, by the CWMB.
thereby mandating such programs by counties
and cities. The existing Advisory Committee on
Household Hazardous Waste Management
increases in membership to include a
representative of used oil recyclers.
6.
AB 1308 Violation of the record-keeping requirement or
(Chapter 1091) refusal to allow inspection of the premises
Author- Killea constitutes a misdemeanor and is punishable by
specified fines and prison terms.
Recycling Equipment:
Bank and Corporation Tax Credits This law gives law enforcement agencies
specific rights to place a 'hold" (up to 90 days)
This law provides for bank and corporation tax on property at a junk dealer's or recyclees
credits of 40% for the cost of equipment--used premises that is suspected of being stolen. If
to manufacture finished recycled products. The evidence is provided confirming that the
recycled products must be composed of at least property has been stolen, the law enforcement
50% secondary waste materials, at least 10% of agency can authorize release of the property to
which is post-consumer waste generated from the victimized owner.
within California.
Eligible equipment must be purchased between AB 1101
January 1, 1989, and January 1, 1994. The tax (Chapter 541)
credits will be applied over three tax years, Author laFollette
with a $250,000 maximum credit allowable.
The tax credit program will be administered by Household Solid Waste Reporting
the CWMB and will sunset on
December 1, 1994. This legislation requires local agencies which
do not directly charge a fee for solid waste
collection, transportation, and disposal, or
SB 432 which charge a fee which equals less than
(Chapter 654) 90% of the cost of providing these services, to
Author. ,Alquist arrange to inform all residential households at
least once every three months regarding the
Recycling Equipment Personal Tax Credits monthly costs of solid waste handling; and the
monthly volumes of solid wastes produced
This law is virtually identical to AB 1308, within the area serviced by the agency.
except that it applies to personal tax credits as
opposed to Bank and Corporation tax credits.
AB 1196
(Chapter 908)
SB 1475 Author. Tanner
(Chapter 1287)
Authors: Rogers Disposal Sites: Local Grants
'Junk Dealers' & Recyclers: Tlas legislation authorizes the CIWMB to
Access to Information provide grants from the Solid Waste Deposal
Site Cleanup and Maintenance Account to local
This law requires all "junk dealers' (those agencies with responsibility for waste
buying and selling used machinery, scrap management. The grants are used to help
metals, used furniture, etc.) and recyclers (as prevent the disposal of household hazardous
defined) to keep a written record of all sales wastes at solid waste disposal sites; the bill
and purchases made during the course of extends the authority of the C IWMB to provide
business. All junk dealers and recyclers are these grants to local agencies with waste
required to allow, during normal business management responsibilities other than cities
hours, periodic inspections of their premises and counties.
and to allow review of their business records
by specified officers or officer appointees.