California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting

Minutes: Enforcement Advisory Council Meeting—March 21, 2002

I. Approval of January 24, 2002 minutes with a comment from Mike Schmaeling.

II. Resolutions

Mike Schmaeling has prepared resolution for Terry Gilday (Resolution 2002-01). It will be sent to Terry next week.

III. Officer Term Limits

Mike Schmaeling, Chair, along with George Nakamura. and Greg Pirie, the Vice-Chairs, are reaching their term limits in September. Greg and George are eligible to be elected as the Chair.

IV. CCDEH Policy Committee

Committee will meet every other month. The by-laws require the Committee meet before and after each Round Table. There will be an attempt made to schedule meetings on the month that the California Conference of Directors of Environmental Health (CCDEH) does not meet.

V. Topics

A. Burn Dumps--Toxics developed a Burn Dump Matrix that still leaves much to be desired. Mike Schmaeling wants to revive the work group. Paul Manasjan clarified the problems with existing Burn Dump policy. The revived work group needs to:

  1. Establish clear lines of authority and responsibility between state and local agencies.
  2. Address deficiencies in Advisory 56 and develop statewide standards.
  3. Add an EAC representative to the work group and add Office of Environmental Health and Hazards Assessment (OEHHA) as a third party.

RESOLUTION 2002-02 made by Paul Manasjan and seconded by Dennis Ferrier carried unanimously. Paul will write it up for Mike Schmaeling to sign.

B. Trickle Landfills--Became a topic of discussion of the revised closure regulations. Comments should be forwarded to Margaret Blood. Mike Wochnick will email a summary of the most recent changes to all EAC members. These regulations are on the April Board agenda for a 45-day comment period. Discussion ensued regarding the legality of conditioning a registration permit, California Environmental Quality Act (CEQA) & discretionary approval and land use permits. Ernie Genter is concerned about the process and the limited timeframe for comments. Scott Walker agreed that this regulation package moved through too fast. Dennis Ferrier wants a uniform assessment of health risks. However, many of the concerns previously identified have been modified by the latest version.

C. Board Subcommittees--The Board has adopted a new (old) procedure by instituting Subcommittees of four members to hear each agenda item in detail on the Monday of the week before the Board meeting. Uncontested items will go on the consent agenda. There still will be briefings held with the full Board a week prior to the meeting. This procedure will go into effect starting in April.

D. EAC Subcommittee Report: Permit Toolbox Maintenance Advisory Committee (tMAC)--Jon Whitehill, reported on the first tMAC meeting and handed out a priority list for comment. An electronic version will be sent to EAC members soon. Other members are Mike Schmaeling, Greg Pirie. and Mark DeBie.

E. Cathode Ray Tubes (CRT’s), Universal Waste and E-waste--Charles Corcoran of the Department of Toxic Substances Control (DTSC) described emergency regulations and proposed permanent regulations. Final package should be out for 45-day comment by June or July. Concept is to identify e-waste as electronic rather than electric. Includes a mechanism that allows devises to be included in the universal waste regulations as soon as they are determined to be hazardous. Issues of environmental justice were discussed. By banning the disposal of e-waste in California landfills, the result is export to foreign counties with increased environmental and human health impacts. Also noted was the increase in small processors without CEQA review that locate in depressed industrial areas.

F. Construction and Demolition (C&D) Regulations, Phase I--A 45-day comment period has started. The phase II 45-day comment period should be given approval to start at the April Board meeting. Some EAC members question the need for the phase II regulations. Allison Reynolds stated that the quarterly inspection frequency requirement has been reduced to annual. She will clarify definitions of type A & B materials. They are not soil or rock. Allison also suggested that the C&D regulations could be scrapped and we could eliminate the many levels of waste categories and return to municipal solid waste; 10%; 1%. Allison will develop this idea into a written comment.

VI. Training Update (Mindy Fox)

Loadchecking, Closed, Illegal and Abandoned (CIA) Disposal Sites, Waste Classification, and the John Bell Tour are all scheduled and available through the CIWMB web site. Also planned before the August Conference, but not ready for prime time, are Composting, Department of Occupational Safety and Health (DOSH), and Gas Monitoring. After the Conference, Scott Walker will develop ADC training.

VII. Civil Penalties

The problems with meager civil penalties was discussed at the June Board meeting. The board identified a statement of findings and barriers to effective enforcement. Unfortunately these did not include raising the civil penalties.

VIII. Alternative Daily Cover (ADC)

In February the Board acted on workshops held in January that identified huge increases in ADC use. There is a fear of unjustified diversion credit. Staff found that there was some incorrect reporting and two cases of over use. Board directed staff to:

  • Identify market impacts on composting.
  • Start informal rulemaking to change state minimum standards.
  • Improve reporting of diversion.

C&D ADC standard is vague and leads to conflict between competitors. Is cover a means of processing? Dennis Ferrier doesn’t like the regulation to begin with. Clearly, there is more involved in ADC than health and safety issues.

IX. State List of Non-Complying Facilities

Change to Inventory Regulations should start 45-day comment period in April.

X. Permit Enforcement Policy (PEP)

Should start 45-day comment period in April.

XI. Pending Legislation

  • SB1374--Model Ordinance: Requires 75% diversion of C&D waste.
  • SB 1523--CRT: Administered by Board. Funded by predisposal fees.
  • SB1526--Add a fee for out of state disposal of hazardous and solid waste:  Notify homeowners that green waste is being used as ADC. Half of the .06 raise in tonnage fee will fund conversion technology and bioreactors. Tonnage fee will be indexed to the consumer price index. Zero waste concept.
  • SB 1542--Environmental Justice: Considered in location and design of landfills and transfer stations. Environmental justice can be used by the Board to object to the Permit.
  • SB1587--Environmental Justice Consideration for Grant or Loan: Conflict of interest (LEA-operator) require regional LEA. Additions to annual reports by staff. Eighteen month inspections shall be unannounced. Increase Board’s time to review permit from 60 to 120 days. Facility will be considered in violation for purposes of concurring with the permit if it was in violation for 30 days out of the past 24 months. LEA shall notify the Board of state minimum standards violations. Appeal to the Hearing Board shall be within 30 days of the action. Provides for reasonable access to disposal facilities.
  • SB1393--Prohibit the Use of Arsenic in Playground Equipment: Also requires arsenic treated wood to be disposed of as a hazardous waste.
  • SB 1619--All e-waste is universal waste.

XII. Next Meeting scheduled for June 11, 2002.

Please note: Past meeting agendas and notes are retained for historical purposes. Over time, some information and links on these pages may become dated and/or inaccurate.

Last updated: February 8, 2005
Enforcement Advisory Council (EAC)
Leta Forland: (916) 341-6395