California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting

Minutes: Enforcement Advisory Council Meeting—July 10, 2001

I. Introductions

II. Agenda Review

III. May 1, 2001 EAC Minutes Approved.

IV. Resolution Updates

A. 98-07, 00-01 & 00-05 White-metal goods.  SB 633 Sher Bill, Mercury containing novelty items. Desire to ban the manufacture of them in kid's toys.  Removal of hazardous waste from large white metallic discards. Some landfills are shipping them out bulk without removal. Department of Toxic Substances Control (DTSC) has enforcement authority pursuant to PRC, Section 42170. Can landfilling of white goods occur if recycling is not economically feasible? The Solid Waste Policy Committee (SWPC) has a legislative review group. Mike Schmaeling will call Donna Herran/Dan Avera and notify them of this bill. Bob Holmes and Sharon Anderson are CIWMB representatives on the legislation. This bill should resolve Resolutions 98-07, 00-01,& 00-05.

B. 99-08: California Environmental Quality Act (CEQA). Mike Schmaeling talked with the SWPC. This is a policy issue, so they will work with the Permitting & Enforcement Division to resolve. Resolution 99-08 is referred to the California Conference of Directors of Environmental Health (CCDEH) and workgroup to be convened. Resolution resolved.

C. 99-09 & 00-06 Two Part Test. Dennis Ferrier, Sue Markie, and Mark De Bie working on the Advisory. This part of the Advisory is done and awaiting the resolution of the 3rd part (of the future 3 part test). Mike requested we circulate the draft two-part Advisory. 

V. CIWMB Updates

A. Report on Training activities. Mindy Fox commented on upcoming Granlibakken Conference. Need for LEA input on technical talks. Need to register quickly, there is a $100 LEA subsidy. CEQA, health & safety, operator cert., load check to start in the fall. Larry Sweetzer to provide training at 10 venues with a rural focus. Conference will have an EAC booth--Mike and George to man the booth.

B. Closed Illegal and Abandoned (CIA) Sites Assistance/Case Study. LEA requested assistance on complicated CIA sites. Sue Markie working on CIA enforcement guidance and enforcement cases. Bob Guerra is the contact. Will be a working document subject to LEA review. Dawn Owen-Yolo County site. Burn dump at the levee. Working with Regional Water Quality Control Boards (RWQCB) and Yolo Fish and Game and other agencies. Board contractor is performing the remediation. This program is for investigating sites for possible referral to 2136 Cleanup that may have a responsible party. Assistance includes assessment and lab analysis of metals, dioxins, etc. In this case, the RP was not aware of his liability when he bought the property and has limited resources. County may assume some responsibility.

C. Advisory 56: Burn Dumps. Workgroup negotiations between Board/DTSC/LEA and Cal EPA to improve coordination at burn dumps and to update advisory and answer who does what function. Workgroup is ongoing, 2nd meeting last Friday. Paul Manasjan and Mel Knight on workgroup and Paul attended the last meeting. 2136 sites were run through this forum. All LEA letter clarified DTSC authority, but DTSC is struggling with this role. Priorities are with sensitive land use, schools, park, homes. DTSC may take the lead, but usually only for sites with a RP and funds to pay for services. Next meeting in September. Slow progress on updating the Advisory, but it is still in the original form. Mike asked Bill Prinz to ask Paul Manasjan to attend next EAC meeting and give update on the matrix.

D. Civil Penalties. Audit Recommendation 12, CIWMB to seek legislation to streamline process. Only two administrative cases completed. June Board meeting, approved statutory barriers. Board to approve legislative concept language at the August meeting. CIA enforcement barriers are currently in statute. Inventory down to 14 sites. New enforcement regulations are in place. Board acknowledges barriers. Bill Prinz commented: We need infraction penalties like local ordinances, immediate citation for illegal dumping and haul RP in front of a magistrate. Most local ordinances are for code enforcement, not LEAs. Discussions of increasing ACP's to >$15,000/year.

E. Cal-EPA Inspector Certification. Next Cal-EPA training will be one week in Oct/Nov. Training is good for new staff. Could possibly be to simple for the seasoned staff. Is currently not a required training. The Air Resources Board (ARB) contact is Kathleen Mead. Will address LEA concerns at the August planning meeting. More geared to case building for things like illegal dumping. Next training is in early 2002. Training page is http://www.calepa.ca.gov/Enforcement/Training/.

F. Regulations Status. 

1. Compostable Materials: 4 stockholder meetings since May EAC meeting. Bill Prinz is the LEA Contact for the July 12th stockholder meeting.

2. Putrescible Materials: Emergency package to Office of Administrative Law (OAL) in 2 months. Asking for a 3-6 month delayed effective date. Formal process starts this Monday at stockholder meeting: 10-noon on the 16th in Diamond Bar, and the 17th in Sacramento. Will ask the Board to start the formal process at the August Board meeting. Previous discussions at the meeting on the 3-part test. Included with discussion on the 2-part test Advisory.

3. 99-02: Construction & Demolition Regulation Status. Kick off agenda item is on schedule for the August Board Meeting. Key milestones with initial draft proposed regulations for Transfer/Processing. Phase 1: informal process (July/Aug), Request to start formal process (Sept./Oct.). No staff contact/lead yet. Position is currently advertised. John Morley is the EAC contact. Send comments to John. Mike Schmaeling to attend July hearing in Long Beach. 99 regulations: Tiering tweaked--no registration or standardized tiers in the current proposal.

VI. Topics

A. E-Waste & Universal Waste Rule. Universal Waste Rule emergency regulations to OAL by the end of next week. OAL has ten days. > 5 cathode ray tubes (CRT) accepted from offsite source places you as a universal waste handler. Annual notification will be required to DTSC in Oct, Nov. or with form 303 (for household hazardous waste collection facilities). Mike: Landfills are pulling them out of the waste stream and filling drop boxes with no place to take them.

B. LEA Enforcement Advisory 38 Revision. Mark De Bie says Permit Enforcement Policy (PEP) and long term violation (LTV) are not included in this advisory. We don't need this advisory per Mark for the portions that have been put into regulation. Will be training and LEA input at Granlibakken for the Advisory. Mark said he would like to see an inspection and enforcement toolbox like the permit toolbox, down the road, after PEP/LTV policies are resolved.

C. Long Term Gas Violations. Nothing new to report. Audit said we need to address our policy in regulation. Issues of consistency with state minimum standards (SMS), buying up buffer land, etc.

D. Status on Division of Occupational Safety and Health (DOSH) issues/training. Memorandum of Understanding (MOU) rescinded. AB 1127 supercedes MOU. Board working on advisory. Janet Munger & Diane Vlach are the contacts. Health and Safety table at Granlibakken to gather DOSH issues form LEAs for future training.

Next meeting September 6th and December.

EAC Archive

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Last updated: February 7, 2005
Enforcement Advisory Council (EAC) http://www.calrecycle.ca.gov/LEA/EACouncil/
Leta Forland: Leta.Forland@calrecycle.ca.gov (916) 341-6395