California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting

CIWMB Response to Enforcement Advisory Council Meeting Resolutions—March 21, 2002

June 28, 2002

Mr. Michael L. Schmaeling, Chair, EAC
Solid Waste Local Enforcement Agency
Santa Barbara County Environmental Health Services
2125 S. Centerpointe Parkway, Room 333
Santa Maria, California 93455

Subject: EAC Resolution 2002-02--Burn Dump Advisory and Work Group

Dear Mr. Schmaeling:

Thank you for sending Enforcement Advisory Council (EAC) Resolution 2002-02 (Burn Dump Advisory and Work Group) which was passed at the March 24, 2002, EAC meeting.

This resolution requests that the California Integrated Waste Management Board (CIWMB) revive the Burn Dump Work Group with the following goals and objectives:

  • Establish clear lines of authority and responsibility between CalEPA state agencies and local agencies relative to land use distinctions.
  • Address the deficiencies in Local Enforcement Agency (LEA) Advisory 56 in terms of the health-based risk assessments and public participation components of the process.
  • Develop statewide standards and remediation goals for solid waste burn site cleanups.
  • Add representatives from the Office of Environmental Health Hazard Assessment (OEHHA) and the EAC to the Work Group.

In response to your request, the Work Group met on June 25, 2002. Three representatives of OEHHA attended the meeting, Dave Siegel, Jim Carlisle and Russhawn Jackson. Paul Manasjan, San Diego City Local Enforcement Agency (EAC member) also attended the meeting.  Dan Avera, San Bernardino County LEA (replacing Mel Knight, Sacramento County LEA) and Mr. Manasjan are the LEA representatives on the Work Group. Dorothy Rice, Caren Trgovcich and Stuart Black, from Department of Toxic Substances Control (DTSC) and Pete Fuller from the State Water Resources Control Board (SWRCB) attended the meeting.  In attendance for the CIWMB were Scott Walker, Wes Mindermann and Glenn Young.

At the Work Group meeting, the discussion included the issues specified in the Resolution 2002-02. Regarding coordination between agencies, the workgroup discussed a matrix of agency oversight guidelines developed based on land use. This matrix is reflected in draft legislation (AB 709 Wayne amended June 13). It was noted that the AB 2061 Process (Site Designation) would address the need for DTSC involvement regardless of what agency is designated as the "administrating agency". A site that is designated by DTSC as “sensitive land use” also does not mean that DTSC becomes involved automatically, they may defer to other agencies if appropriate.

Additionally, the workgroup discussed revisions to LEA Advisory 56 in terms of the health-based risk assessments and focused on a grant awarded to DTSC from the U.S. Environmental Protection Agency to develop a guidance document for use by all agencies on the investigation and remediation of burn dump sites. This document is expected to deal with issues not adequately addressed by LEA Advisory 56 and will help develop further statewide guidance for investigation and cleanup of solid waste burn dumps. DTSC is actively seeking substantial input and the direct involvement of state and local agencies in the development of the document and will be establishing a burn dump Technical Advisory Group (TAG) that will include representatives from CIWMB, SWRCB and LEAs (EAC and California Conference of Directors of Environmental Health (CCDEH) Solid Waste Policy Committee). This grant project will parallel and tie in with the CIWMB contract with DTSC and (if passed) the AB 709 requirements. OEHHA’s role will be more informal in order to not duplicate DTSC. The Work Group will now shift focus to the TAG. DTSC will convene the TAG with the first meeting  projected in late September.

The Work Group also discussed LEA coordination with DTSC Site Mitigation on sites not directly related to burn dumps, LEA site archiving when another agency is lead, deed restriction issues associated AB 2136 cleanup projects, and CIWMB’s updated statewide compilation of burn dump sites. By and large, we continue to make good progress on specific burn dump site cases and the role of LEAs has been essential to that progress.

Thank you for the opportunity to address the issues outlined in the EAC Resolution and update you on the Work Group meeting. Should you have any questions, please contact me at (916) 341-6319.


original signed by

Scott Walker
Acting Deputy Director
Permitting and Enforcement Division

cc: Ms. Julie Nauman, Acting Chief Deputy Director, CIWMB
      Ms. Dorothy Rice, DTSC
      Mr. Dan Avera, Chair, CCDEH Solid Waste Policy Committee
      Mr. Paul Manasjan, City of San Diego LEA

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Last updated: February 8, 2008
Enforcement Advisory Council (EAC)
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