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t �■so ®■■■ mm� mmm No. 28 July 26, 1995 ■■■■■ ■■ ■ Publication No. 232-95-013 ■■■■ ��Nmm INTEGRATED PREVENT OR SUBSTANTIALLY IMPAIR OLICY WASTE MANAGEMENT BOARD FOR SOLID ATATIASTEFACILITY PERMITS DURING THE GAP PERIOD To All Local Enforcement Agencies Background On October 27, 1994, the Board approved a policy on the process to be followed when a solid waste facility permit is submitted to the Board for concurrence or objection during the "gap" period. The gap period is the time between January 1, 1990, the effective date of Assembly Bill 939 (Sher, 1989), and the Board's approval of the AB 939-mandated Countywide Integrated Waste Management Plans (CIWMPs). With the enactment of AB 939, the provisions regarding the preparation and approval of County Solid Waste Management Plans (CoSWMPs) were repealed leaving no planning process in place to guide decisions on solid waste facility permitting during the gap period. The gap period will end for each individual county at the time the Board approves the county's CIWMP. The "prevent or substantially impair" policy is guided by PRC 44009 as amended by Assembly Bill 2296 (Cortese, 1990). This policy was developed to assist the Board in determining whether a facility may prevent or substantially impair a jurisdiction's ability to meet the diversion requirements of PRC section 41780. This policy will be in effect for each county and its jurisdictions until a CIWMP is approved. The Local Enforcement Agency's (LEA) Role Prior to the submission of a proposed permit to the Board for concurrence, the LEA is required to seek information on whether there is evidence that a particular facility may prevent or substantially impair a jurisdiction's ability to meet the diversion requirements of PRC section 41780 during the gap period. This information may include, but is not limited to the following: ® Contracts or other financial arrangements with the facility requiring the disposal or transformation of solid waste in amounts which are needed by the jurisdictions using the facility to achieve the waste diversion mandates. ® "Other relevant information" obtained during the permitting process or information provided by the public at any time. CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD • 8800 CAL CENTER DRIVE • SACRAMENTO,CA 95826 Advisory notes are designed to guide and assist Local Enforcement Agenices and are not intended to supersede statute or regulation. All Local Enforcement Agency(LEA)representatives are encouraged to contact the LEA Branch at(9r6)255-2z87 to address a specific topic.