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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
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(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

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