(a) (1) The board may reduce the diversion requirements of Section 41780 for a rural city if the rural city demonstrates, and the board concurs, based on substantial evidence in the record, that achievement of the diversion requirements is not feasible due to both of the following conditions:
(A) The small geographic size or low population density of the rural city.
(B) The small quantity of solid waste generated within the rural city.
(2) The board may reduce the diversion requirements of Section 41780 for the unincorporated area of a rural county if the rural county demonstrates, and the board concurs, based on substantial evidence in the record, that achievement of the diversion requirements is not feasible due to both of the following conditions:
(A) The large geographic size or low population density of the rural county.
(B) The small quantity of solid waste generated within the rural county.
(3) The board may grant a reduction in diversion requirements pursuant to this subdivision only if the rural city or the rural county demonstrates to the board, and the board concurs, based on substantial evidence in the record, that it has, at a minimum, implemented all of the following programs:
(A) A source reduction and recycling program designed to handle the predominant classes and types of solid waste generated within the rural city or rural county.
(B) A public sector diversion and procurement program.
(C) A public information and education program.
(b) If, as part of the review performed pursuant to Section 41825, the board finds that a rural city or a rural county, which previously qualified for a reduction in diversion requirements pursuant to subdivision (a), is no longer eligible for that reduction, the board shall issue an order requiring the rural city or rural county to comply with the diversion requirements of Section 41780.
(Added by Stats. 1994, Ch. 1227, Sec. 12. Effective January 1, 1995.)