Cal. Code Regs. tit. 14 § 18724

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 18724 - Additional Requirements and Guidelines for the Initial Solid Waste Generation Study

In addition to the general requirements in section 18722 of this article, the following requirements pertain to a jurisdiction's preparation of the initial solid waste generation study for the initial SRR Element.

(a) Initial Solid Waste Generation Study Submission Dates. Each city, which is not a city and county, shall submit the initial solid waste generation study, as a part of its SRR Element, to the county in which it is located by July 1, 1991, except as provided by section 41000(b) of the Public Resources Code. Each county, and city and county, shall complete the initial solid waste generation study, as a part of its SRR Element, by July 1, 1991, except as provided by section 41000(b) of the Public Resources Code.

(b) Regional and Joint Solid Waste Generation Studies. In addition to the methodologies given in section 18722 (l) of this article, for the initial solid waste generation study, a jurisdiction may use data collected on an aggregate basis for a joint or regional study of which a jurisdiction is a part. For the purposes of this section, data collected on an aggregate basis are data which are collected at solid waste facilities and recycling facilities which may not be readily disaggregated to a level in which an individual jurisdiction's solid waste generators, waste categories and/or waste types can be identified.

The aggregate data shall be disaggregated on a proportional basis, relative to the applicable demographic, economic, and residential, commercial and industrial characteristics of each jurisdiction participating in the regional or joint study. The initial solid waste generation study shall outline and describe how the proportional allocations of solid waste generated, diverted and disposed were determined and applied to the preparation of the solid waste generation study.

(c) Use of Pre-existing Solid Waste Generation Studies and Data. In addition to the methods given in section 18722 (l) of this Article, for the initial solid waste generation study, a jurisdiction may use pre-existing solid waste generation studies or data on solid waste composition that have been prepared, subsequent to 1984, by the Board and/or by jurisdictions in California or out-of-state which have similar demographic (e.g., dwelling unit size, family size), and economic (e.g., income, employment), or solid waste (e.g., waste composition, relative proportions of solid waste generators) characteristics.

The use of out-of-state waste composition data is acceptable, provided that the jurisdiction submits with its solid waste generation study a statement of justification which satisfies its burden of proof by demonstrating the following:

1. the out-of-state data must be comparable to data available within California, and satisfy the requirements of subsection (c) of this section; and

2. the statutory and regulatory framework of the state from which the data is derived must be consistent with the California Integrated Waste Management Act of 1989, as amended, and its attendant regulations, such that it is evident that the framework has not significantly impacted the relative composition of the solid wastes disposed and diverted in that state.

As a part of demonstrating the data's comparability and legal consistency, a jurisdiction shall submit a complete copy of the following, at the time the jurisdiction submits its SRR Element for the Board's consideration:

i) the waste characterization study and composition data it is using, and

ii) the solid waste statutory and regulatory framework of the state from which the study and data originated.

For the purposes of this section, out-of-state data refers only to data obtained from other states of the United States.

A jurisdiction using solid waste generation studies or data from the Board and/or another jurisdiction with similar demographic, economic and solid waste characteristics shall list and describe in its solid waste generation study all the major characteristics which are similar between the two jurisdictions relative to the study.

(d) Measuring Solid Waste Quantity for Diversion Mandates. If a jurisdiction chooses to count specific waste types towards its statutory diversion mandates, a jurisdiction shall identify those waste types in the initial solid waste generation study.

(e) Sampling Period - Field Study and Data Projection. If a quantitative field analysis and/or materials flow methodology, as described in section 18722 (l) of this Article, are used, data for the initial solid waste generation study shall be collected in the field during a continuous six month period subsequent to 1984 and prior to the adoption of the initial SRR Element by a jurisdiction. Based on the data collected during the 6-month field study, a jurisdiction shall project the types and quantities of solid waste generated, diverted and disposed for the following 6-month period. The field data and the projection, when combined, shall constitute the continuous 12-month study required by section 18722(i)(1) of this article.

(f) Sampling by Quantitative Field Analysis. If a quantitative field analysis for the initial solid waste generation study is selected for use by a jurisdiction, the quantitative field analysis may be conducted using the sampling procedures outlined in Appendix 1. "General Guidelines for Sampling When Performing a Quantitative Field Analysis for a Solid Waste Generation Study" (11/90).

(g) Aggregate Data. In the preparation of the initial solid waste generation study, jurisdictions jointly developing or collecting aggregate data on a county or regional basis shall use only that data related to the quantities of solid waste generated within that region, not data on quantities of solid waste generated within other regions.

Cal. Code Regs. Tit. 14, § 18724

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history, see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment and renumbering of prior section 18724 to subsection 18722(l), and new section 18724 transmitted to OAL on 4-29-91 and filed 5-29-91; operative 5-29-91 (Register 91, No. 37).
7. Change without regulatory effect amending subsections (c) and (c)(1) filed 7-11-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 12).
8. Amendment of section heading, text and NOTE filed 3-31-94 as an emergency; operative 3-31-94 (Register 94, No. 13). A Certificate of Compliance must be transmitted to OAL by 3-31-97 pursuant to Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of subsection (g) (Register 94, No. 37).
10. Editorial correction restoring HISTORY NOTES 1-5, correcting HISTORY 6, and renumbering remaining HISTORY NOTES (Register 95, No. 19).
11. Reinstatement of section heading, section and NOTE as they existed prior to 3-31-94 emergency amendment filed 7-31-97 by operation of Government Code section 11346.1(g) (Register 97, No. 31).

Note: Authority cited: Sections 40502 and 41824, Public Resources Code. Reference: Sections 41000, 41030, 41031, 41033, 41300, 41330, 41332, 41333, 41781 and 41823, Public Resources Code.

1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90. For prior history, see Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment and renumbering of prior section 18724 to subsection 18722(l), and new section 18724 transmitted to OAL on 4-29-91 and filed 5-29-91; operative 5-29-91 (Register 91, No. 37).
7. Change without regulatory effect amending subsections (c) and (c)(1) filed 7-11-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 12).
8. Amendment of section heading, text and Note filed 3-31-94 as an emergency; operative 3-31-94 (Register 94, No. 13). A Certificate of Compliance must be transmitted to OAL by 3-31-97 pursuant to Public Resources Code section 40502(c) or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of subsection (g) (Register 94, No. 37).
10. Editorial correction restoring History Notes 1-5, correcting History 6, and renumbering remaining History Notes (Register 95, No. 19).
11. Reinstatement of section heading, section and Note as they existed prior to 3-31-94 emergency amendment filed 7-31-97 by operation of Government Code section 11346.1(g) (Register 97, No. 31).