Section 18839 - Calrecycle Review(a) Commencing August 1, 2013, CalRecycle shall review a jurisdiction's compliance with § 18838 as part of its review of the jurisdiction's source reduction and recycling element and household hazardous waste element programs, pursuant to 14 California Code of Regulations § 18772 and § 41825 of the Public Resources Code.(b) During its review pursuant to this Section, CalRecycle shall determine whether each jurisdiction has made a good faith effort to implement its selected commercial recycling program. For this purpose, "good faith effort" means all reasonable and feasible efforts by a jurisdiction to implement its commercial recycling program. During its review, CalRecycle may include, but is not limited to, the following factors in its evaluation of a jurisdiction's "good faith effort": (1) The extent to which the businesses have complied with § 18837(a), including information on the amount of solid waste that is being diverted from disposal by the businesses, if available, and on the number of businesses that are subscribing to service;(2) The recovery rate of the commercial waste from each material recovery facility that is utilized by the businesses, the role of that facility in the jurisdiction's overall waste diversion and recycling system, and all information, methods, and calculations, and any additional performance data, as requested and collected by CalRecycle from the material recovery facility operators pursuant to 14 California Code of Regulations § 18809.4;(3) The extent to which the jurisdiction is conducting education and outreach to businesses;(4) The extent to which the jurisdiction is monitoring businesses and notifying those businesses that are out of compliance;(5) The availability of markets for collected recyclables;(6) Budgetary constraints; and(7) In the case of a rural jurisdiction, the small geographic size, low population density or distance to markets.(c) If, after a public hearing on the matter, CalRecycle finds that a jurisdiction has failed to make a good faith effort to implement a commercial recycling program and meet the requirements of § 18838, CalRecycle shall issue a compliance order with a specific schedule for achieving those requirements. CalRecycle shall issue the compliance order within 30 days after making its finding of non-compliance.(d) The compliance order shall identify the portions of the commercial recycling program which are not being implemented or attained by the jurisdiction, or identify areas of the commercial recycling program which need revision. CalRecycle shall also set a date by which the jurisdiction shall meet the requirements of the compliance order.Cal. Code Regs. Tit. 14, § 18839
1. New section filed 5-7-2012; operative 5-7-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 19). Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41825, 42649.3, 42649.4 and 42649.5, Public Resources Code.
1. New section filed 5-7-2012; operative 5-7-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 19).