California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting

September 15, 1999 Enforcement Advisory Council Minutes

I. Meeting started around 10:05 a.m. with introductions.

II. Minutes--Approved with one typographical correction.

III. Agenda--CIWMB wanted to add discussion of facility inspection report guidance and redesign of SWIS.

IV. Resolution Updates

  1. 98-07 - EAC received a letter from Julie Nauman regarding EAC Resolutions 98-07, 98-08, and 98-09. Will discuss 98-07 (Re: appliances and hazardous wastes) in agenda item #8 (Minutes item X.). No resolve to item - Ongoing.
  2. 99-02 - EAC received a letter from Mr. Pennington regarding this resolution and the Construction & Demolition Regulations. Will be further discussed in agenda item #3 (Minutes item V.). No resolve to item - Ongoing.
  3. 99-03 - Organics will be discussed later under Agenda Item #5 (Minutes item VII.). No resolve - Ongoing.
  4. 99-04 - No change or issues in Enforcement Regulation package. Will be final and resolved upon approval of the regulations.

V. C&D Regulations

  1. Lengthy discussion regarding interim permits, effective date of regulations, grace periods or delayed effective/operative dates, "temporary" operations, notification until permitted, conformance with CiWIMPs, processing and timing issues, need for a data base of effected facilities/operations, inert materials definition and appropriate level of regulation, October 16 "drop dead" date for this regulation package, and others.
  2. Resulted in EAC Resolutiion 99-05 directing the Chair to draft a letter to Julie Nauman (EAC By-laws dictate all correspondence to Deputy Director and/or CCDEH-SWPC Chair) with key elements to include:
  1. Acknowledge and thank Mr. Pennington's letter.
  2. Help identify "areas of disagreement" that include:
    a) Newly inserted language as of September 1, 1999, allowing for "interim" permits, as well as other newly inserted language.
    b) Interim permits that appear to conflict with statute, existing processes, create additional process and work load for LEAs, and are unworkable.
  3. Introduction of confusing and conflicting definitions, such as "debris".
  4. Definition consistency with existing statute and regulations (inerts versus existing hazardous, designated, non-hazardous and inert).
  5. Overlap with local permitting and local requirements (CUPS), with language such as 17386(a)(1) and (15), etc, for parking, nuisance, noise, and visual screening.
  6. Clarity (or lack of it) of what is in or out of the regulations (landslides, grading and dredging).
  7. Appropriateness of levels of oversight (particularly for some inerts).
  8. Doesn't mean we have to "stop" the regulations, but slow it down to provide resolution of issues, development of some new processes and to make a better product.

VI. Palo Alto Landfill SWFP and Associated Issues - this item was informational and was tabled due to time constraints.

VII. Organics

  1. Some discussion about Organics segments at Granlibakken, upcoming Workshops, and future development of regulations. Development of work group has not been completed and Round Tables/TACs need to identify their representatives and begin communications with Bill Prinz and Jeff Watson.
  2. Some discussion that we need to regulate waste types or processes, but not sources of where the waste or material comes from. The waste or material is the same, regardless of who generates it and the threats to public health, safety or the environment are related to the nature of the material itself, or the processes it goes through.
  3. Resulted in EAC Resolution 99-06. This resolution requests that each LEA Round Table or TAC collect testing data (metals and pathogen) from existing composting (particularly green waste composters). Also, the EAC would like the number, types or nature, and time spent for complaints on green waste composting, chipping and grinding, and mulch operations. This information and data needs to be linked back (submitted) from the TACs/Round Tables to the workgroup.

VIII. 1999 Granlibakken Conference

  1. General response to the conference was positive. People liked the mini-talks.
  2. Problem solving workgroups needed more audience participation. People were interested in results, but may not have gotten there. Too much time concentrating on the "process" and teaching the process, at the same time as trying to solve the problem. CEQA in particular: some questions about what happened to previous CEQA workshops and identifying rolls and responsibilities. It was good to involve planners and outside input. Some suggestions of including CEQA judges or planners in future continued resolution of the issues, and some discussion about LEA concerns for "completeness certification" and what is "adequate" and CIWMB "trust" in LEA's determination and certification.
  3. Some discussion about future locations and times. Asilomar seems out because of lack of cooperation and changes that keep occurring. Latest change would make Asilomar available week before or after Thanksgiving. Generally not thought to be a good time for conference. Granlibakken has been good. Some talk about Palm Desert/Palm Springs area. Northern LEAs have concern about logistics and costs for them. CIWMB continuing to evaluate and encourages input to Dennis Corcoran.
  4. Resulted in EAC Resolution 99-08. EAC recommends that CCDEH and CIWMB develop a work group to pursue resolution of the CEQA issues that were identified and discussed at the 1999 Conference. The work group should include representation of planners/planning organization.

IX. Access to the Internet

  1. a. Some LEAs are still having difficulty getting "ready" access to computers, e-mail and/or the internet. The last CIWMB letter regarding grants included discussion of the importance of the internet and "suggestions" to managers to utilize grant money for obtaining and maintaining access. CIWMB also extended internet service to several jurisdictions (originally a one year service). Computers have been provided to all that indicated a need, and all LEAs have an e-mail address.
  2. b. EAC passed EAC Resolution 99-07 whereby the EAC supports all LEAs having ready access to the internet and requests CCDEH to send another letter to directors recommending that LEA staff all be provided ready access to the internet (both the Web and e-mail). The letter should emphasize or describe the status of internet use, the advantages of internet use, and the anticipation of electronic reporting.

X. Household Hazardous Waste Grants for Appliances and Household Hazardous Waste

  1. Grants can be utilized for these materials if they are handled in conjunction with other household hazardous wastes. There was some discussion within CIWMB as to whether these materials could be considered household, but consensus was they are generated from households and could fit. However, legislative change is necessary to include these specific materials in existing household hazardous waste activities.
  2. The letter from Julie indicates that the question of whether the requirements of AB 847 apply to the handling of materials prior to disposal is under review by the Board's Legal Office. The CIWMB supports the suggestion to define the materials within appliances requiring special handling the same as other BOP materials. If the materials are managed along with other household hazardous waste, operators could be eligible for grant monies to defray the costs of removing the materials from the appliances. The concerns are being forwarded to the CIWMB legislative office, and CIWMB staff trusts that interested LEA partners will work toward the similar goal to help remove potential obstacles for recycling these materials.
  3. Grants have been utilized for household medical waste and can be handled in conjunction with other household hazardous waste activities.

XI. Authority to gain access to closed disposal sites and to place deed restrictions on private property identified as a burn ash site.

There was some discussion of this issue at Granlibakken. CIWMB legal is still looking into this. The item has been tabled until next EAC Meeting.

XII. Illegal dumping fact sheet/advisory

CIWMB staff is still in the process of developing this. It has been turned over to P&E for completion.

XIII. Operators walking on garbage to tarp trucks

Most LEAs felt this was an OSHA (DOSH) referral issue. Elaine Novak and Allison Reynolds of CIWMB would like to be informed of any such issues. They are working on some worker safety issues and guidance.

XIV. Facility inspection report guidance and redesign of SWIS

  1. CIWMB concerned about level of detail or information being provided for some violations and areas of concern on inspection reports. Some reports are coming in with no description of the violation/area of concern or suggested corrective actions. EAC LEAs agreed this was unacceptable, but probably occurred on a limited basis and CIWMB should deal with those particular LEAs or their supervisors, not with another advisory. A letter to LEAs might be better.
  2. CIWMB generally wants more explanation of violations and areas of concern, more of an enforcement mind set in the inspection reports, and identify corrected items.
  3. It was suggested that this was more of an internal issue for the CIWMB. If resolution could not be obtained thusly, then the issue could be brought back to the EAC for discussion.
  4. This should be a discussion item for Round Tables (i.e. "adequacy of reports").

XV. Next Meeting

Scheduled for November 18, 1999

EAC Archive

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Last updated: February 4, 2005
Enforcement Advisory Council (EAC) http://www.calrecycle.ca.gov/LEA/EACouncil/
Leta Forland: Leta.Forland@calrecycle.ca.gov (916) 341-6395