§ 18839. CalRecycle Review.
14 CA ADC § 18839Barclays Official California Code of Regulations
14 CCR § 18839
§ 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”:
(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;
(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.
Credits
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41825, 42649.3, 42649.4 and 42649.5, Public Resources Code.
History
1. New section filed 5-7-2012; operative 5-7-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 19).
This database is current through 11/24/23 Register 2023, No. 47.
Cal. Admin. Code tit. 14, § 18839, 14 CA ADC § 18839
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