1. (a) A rural jurisdiction, as defined in Public Resources Code sections 40183 and 40184, may petition the Board, at a public hearing, to reduce the planning requirements and diversion requirements specified in Public Resources Code section 41780. To petition for a reduction, the jurisdiction shall present verification to the Board which indicates that achievement of the requirements is not feasible. To qualify to petition for a reduction in the diversion and planning requirements, a jurisdiction must meet the following:

   1. (1) For a rural city, have a geographic area of less than 3 square miles or a population density of less than 1500 people per square mile and a waste disposal rate of less than 100 cubic yards per day or 60 tons per day.
   2. (2) For the unincorporated area of a rural county, the county's population shall be 200,000 or less.
   3. (3) For a rural regional agency, consist of rural cities and counties, not to exceed more than two rural counties, unless authorized by the Board.
   4. (4) Be located in a rural area. “Rural area” means those counties and cities located in agricultural or mountainous areas of the state and located outside the Department of Finance's Primary Metropolitan Statistical Areas.
2. (b) Based on information presented at the hearing, the Board may establish reduced diversion requirements, and alternative, but less comprehensive, planning requirements. A petitioner may identify those specific planning requirements from which it wants to be relieved and provide justification for the reduction. Examples of reduced planning requirements could include, but would not be limited to, reduced requirements for solid waste generation studies, and reduced requirements and consolidation of specific component requirements. These reduced planning requirements, if granted, must ensure compliance with Public Resources Code section 41782.

3. (c) Rural jurisdictions requesting a reduction in the diversion and planning requirements must include the following information in the reduction petition:

   1. (1) A general description of the existing disposal and diversion systems, including documentation of the types and quantities of waste disposed and diverted. Documentation sources may include, but are not limited to, the following:

      1. (A) Solid Waste Generation or Characterization Studies;
      2. (B) Diversion data from public and private recycling operations;
      3. (C) Current year waste loading information from permitted solid waste facilities used by the jurisdiction;
   2. (2) Identification of the specific reductions being requested (i.e., diversion or planning requirements or both);

   3. (3) Documentation of why attainment of mandated diversion and planning requirements is not feasible. Examples of documentation could include, but are not limited to:

      1. (A) Evidence from the documentation sources specified in paragraph (c)(1) of this section;
      2. (B) Verification of existing solid waste budget revenues and expenses from the duly authorized designated representative of the jurisdiction;
   4. (4) The planning or diversion requirements that the jurisdiction feels are achievable, and why.
   5. (5) Documentation verifying that the rural city or county has implemented those programs identified in Public Resources Code section 41787(a)(3).
   6. (6) Documentation verifying that the rural regional agency has implemented those regionwide programs identified in Public Resources Code section 41787.1(c)(2).

Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40183, 40184, 40973, 41787, 41787.1, 41787.2 and 41802, Public Resources Code.

History

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.

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. New section filed 6-17-91 as an emergency; operative 6-17-91 (Register 91, No. 35). A Certificate of Compliance must be transmitted to OAL by 10-15-91 or emergency language will be repealed by operation of law on the following day.

7. Change without regulatory effect repealing section filed 7-11-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 12).

8. New section filed 7-29-91 as an emergency; operative 7-29-91 (Register 92, No. 17). A Certificate of Compliance must be transmitted to OAL 11-26-91 or emergency language will be repealed by operation of law on the following day.

9. Certificate of Compliance as to 7-29-91 order including amendment of section transmitted to OAL 3-24-92 and filed 5-4-92 (Register 92, No. 18).

10. Amendment of section heading, text and Note filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No. 48). A Certificate of Compliance must be transmitted to OAL by 1-3-97 or emergency language will be repealed by operation of law on the following day.

11. Editorial correction adding History 5 and changes noted therein (Register 94, No. 48).

12. Editorial correction restoring History Notes 1-5 and renumbering remaining History Notes (Register 95, No. 19).

13. Amendment of subsection (d), new subsection (e) and subsection relettering filed 11-21-95 as an emergency; operative 11-21-95 (Register 95, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-20-96 or emergency language will be repealed by operation of law on the following day.

14. Amendment of subsection (d), new subsection (e) and subsection relettering refiled 3-15-96 as an emergency; operative 3-20-96 (Register 96, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-18-96 or emergency language will be repealed by operation of law on the following day.

15. Repealer of subsections (d)-(g) filed 6-5-96 as an emergency; operative 6-5-96 (Register 96, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-27-96 or emergency language will be repealed by operation of law on the following day.

16. Repealer of subsections (d)-(g) refiled 9-25-96 as an emergency; operative 10-3-96 (Register 96, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-31-97 or emergency language will be repealed by operation of law on the following day.

17. Certificate of Compliance as to 9-25-96 order, including amendment of Note, transmitted to OAL 11-27-96 and filed 1-13-97 (Register 97, No. 3).

18. Certificate of Compliance as to 1-3-94 order, including amendment of section and Note, transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).

19. Change without regulatory effect amending subsections (a)(1)-(2) and (a)(4) filed 8-25-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 34).