California Integrated Waste Management Board Prison Noncompliance Resolution Feb 2006
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Board Meeting February 14, 2006 Agenda Item 12 Attachment 2 CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD Resolution 2006-20 (Revised) Consideration Of Action For Noncompliance With Public Resources Code (PRC) Section 42921 (a) By: Atascadero State Hospital; California Department Of Mental Health; California Department Of Transportation, Headquarters; California Men's Colony; California Parks And Recreation, Angeles District; California Parks And Recreation, Monterey District; California Parks And Recreation, San Diego Coast District; California Rehabilitation Center (Prison); California Science Center; Calipatria State Prison; Department Of Corrections; Department Of Developmental Services; Department Of General Services, Procurement Division; Department Of Water Resources; Ironwood State Prison; Mesa College; Office Of Statewide Health Planning And Development; Patton State Hospital; Pelican Bay State Prison; Richard J. Donovan Correctional Facility; San Quentin State Prison; Southern Youth Correctional Reception Center And Clinic; State Compensation Insurance Fund; Ventura Youth Correctional Facility; 16th District Agricultural Association; And 50th District Agricultural Association WHEREAS, AB 75 (Strom-Martin, 1999) mandates that reporting State agencies and large State facilities must meet a 50 percent diversion goal by January 1, 2004. WHEREAS, Atascadero State Hospital; California Department of Mental Health; California Department of Transportation, Headquarters; California Men’s Colony; California Parks & Recreation, Angeles District; California Parks & Recreation, Monterey District; California Parks & Recreation, San Diego Coast District; California Rehabilitation Center (Prison); California Science Center; Calipatria State Prison; Department of Corrections; Department of Developmental Services; Department of General Services, Procurement Division; Department of Water Resources; Ironwood State Prison; Mesa College; Office of Statewide Health Planning & Development; Patton State Hospital; Pelican Bay State Prison; Richard J. Donovan Correctional Facility; San Quentin State Prison; Southern Youth Correctional Reception Center & Clinic; State Compensation Insurance Fund; Ventura Youth Correctional Facility; 16th District Agricultural Association; and 50th District Agricultural Association have submitted their annual report in a timely fashion; however, the originally submitted reports show noncompliance with the 50 percent diversion mandate; and WHEREAS, subsequent to the noticing of this item, Atascadero State Hospital; Calipatria State Prison; Department of Corrections; Department of Water Resources; Ironwood State Prison; San Quentin State Prison; Southern Youth Correctional Reception Center & Clinic; Ventura Youth Correctional Facility; and 50th District Agricultural Association submitted additional information that substantiates that they have complied with the 50 percent diversion mandate; and, WHEREAS, California Department of Mental Health; California Department of Transportation, Headquarters; California Men’s Colony; California Parks & Recreation, Angeles District; California Parks & Recreation, Monterey District; California Parks & Recreation, San Diego Page (2006-20 (Revised)) Coast District; California Rehabilitation Center (Prison); California Science Center; Department of Corrections; Department of Developmental Services; Department of General Services, Procurement Division; Mesa College; Office of Statewide Health Planning & Development; Patton State Hospital; Pelican Bay State Prison; Richard J. Donovan Correctional Facility; State Compensation Insurance Fund; and 16th District Agricultural Association; has not adequately responded to requests for or provided supporting statements showing compliance with the 50 percent diversion mandate; and NOW, THEREFORE, BE IT RESOLVED that California Department of Mental Health; California Department of Transportation, Headquarters; California Men’s Colony; California Parks & Recreation, Angeles District; California Parks & Recreation, Monterey District; California Parks & Recreation, San Diego Coast District; California Rehabilitation Center (Prison); California Science Center; Department of Developmental Services; Department of General Services, Procurement Division; Mesa College; Office of Statewide Health Planning & Development; Patton State Hospital; Pelican Bay State Prison; Richard J. Donovan Correctional Facility; State Compensation Insurance Fund; and 16th District Agricultural Association; have not shown that the 50 percent diversion mandate has been achieved as required by Public Resources Code, Section 42921; and NOW, BE IT FURTHER RESOLVED that staff shall prepare a letter to the Speaker of the Assembly; the President Pro Tempore of the Senate; and Governor’s Office notifying them of the noncompliance; that staff continue to assist the state agencies and facilities; and that staff request each state agency or facility submit an explanation of how they plan to meet the 50% diversion mandate. CERTIFICATION The undersigned Executive Director, or his designee, of the California Integrated Waste Management Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the California Integrated Waste Management Board held on February 14, 2006. Dated: February 14, 2006 ORIGINAL SIGNED BY Mark Leary Executive Director Page (2006-20 (Revised))