Cal. PRC § 41821 — California Code / Code prc / Division 30 / Part 2 / Chapter 7 / Article 3 / Section 41821
Section 41821
Status: in_force

(a) (1) Each year following the department’s approval of a jurisdiction’s source reduction and recycling element, household hazardous waste element, and nondisposal facility element, the jurisdiction shall submit a report to the department summarizing the jurisdiction’s progress in reducing solid waste as required by Section 41780, in accordance with the schedule set forth in this subdivision.

(2) The annual report shall be due on or before August 1 of the year following department approval of the source reduction and recycling element, the household hazardous waste element, and the nondisposal facility element, and on or before August 1 in each subsequent year. The information in this report shall encompass the previous calendar year, January 1 to December 31, inclusive.

(b) Each jurisdiction’s annual report to the department shall, at a minimum, include all of the following:

(1) Calculations of annual disposal reduction.

(2) A summary of progress made in implementing the source reduction and recycling element and the household hazardous waste element.

(3) An update of the jurisdiction’s source reduction and recycling element and household hazardous waste element that includes any new or expanded programs the jurisdiction has implemented or plans to implement.

(4) An update of the jurisdiction’s nondisposal facility element that reflects any new or expanded nondisposal facilities the jurisdiction is using or planning to use.

(5) A summary of progress made in diversion of construction and demolition of waste material, including information on programs and ordinances implemented by the local government and quantitative data, where available.

(6) Other information relevant to compliance with Section 41780.

(c) A jurisdiction may also include, in the report required by this section, all of the following:

(1) Information on disposal reported pursuant to Section 41821.5 that the jurisdiction believes may be relevant to the department’s determination of the jurisdiction’s per capita disposal rate.

(2) Disposal characterization studies or other completed studies that show the effectiveness of the programs being implemented.

(3) Factors that the jurisdiction believes would affect the accuracy of, or mitigate the amount of, solid waste disposed by the jurisdiction, including, but not limited to, either of the following:

(A) Whether the jurisdiction hosts a solid waste facility or regional diversion facility.

(B) The effects of self-hauled waste and construction and demolition waste.

(4) The extent to which the jurisdiction previously relied on biomass diversion credit and the extent to which it may be impacted by the lack of the credit.

(5) Information regarding the programs the jurisdiction is undertaking to address specific disposal challenges, and why it is not feasible to implement programs to respond to other factors that affect the amount of waste that is disposed.

(6)  Other information that describes the good faith efforts of the jurisdiction to comply with Section 41780.

(d) The department shall use, but is not limited to the use of, the annual report to determine whether the jurisdiction’s source reduction and recycling element needs to be revised or updated.

(e) (1) The department shall adopt procedures for requiring additional information in a jurisdiction’s annual report. The procedures shall require the department to notify a jurisdiction of any additional required information no later than 120 days after the department receives the report from the jurisdiction.

(2) Paragraph (1) does not prohibit the department from making additional requests for information in a timely manner. A jurisdiction receiving a request for information shall respond in a timely manner.

(3) If the schedule for the submission of an annual report by a jurisdiction does not correspond with the scheduled review by the department specified in subdivision (a) of Section 41825, the department shall utilize the information contained in the annual report to assist the department in providing technical assistance and reviewing the jurisdiction’s diversion program implementation.

(f) The department shall adopt procedures for conferring with a jurisdiction regarding the implementation of its diversion programs.

(g) Notwithstanding the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code), a jurisdiction shall submit the progress report required by this section to the department electronically, using the department’s electronic reporting format system.

(h) Notwithstanding the reporting schedule required by this section, and in addition to the review required by Section 41825, the department may visit each jurisdiction once each year, but shall visit each jurisdiction no less than once every four years, to monitor the jurisdiction’s implementation and maintenance of its diversion programs.