California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting

Minutes: Enforcement Advisory Council Meeting—March 11, 2003

I. Introductions

Members present: See attached participant roster.

II. Agenda review

Added permit timelines, LEA work plans and LEA jurisdictions.

III. Approval of January 30, 2003 Minutes

Rachel Morton to post approved minutes on CIWMB website.

IV. EAC Resolutions - Status & Updates

  • 2002-02 - Burn Dump Advisory Workgroup
    Dennis Ferrier indicated that there were no updates as the next meeting was rescheduled to April 2003. Scott Walker, Acting Permitting and Enforcement (P&E) Division Deputy Director indicated that the Department of Toxic Substances Control's (DTSC) director’s duties have been rotated. The new director for burn dump issues will be Norm Riley.
  • 2002-04 - Toolbox maintenance Advisory Committee
    No changes.
  • 2002-05 - Enforcement Program Plan (EPP) Toolbox
    Patti Henshaw is waiting for a template from Santa Barbara County. The CIWMB LEA Evaluations Section currently needs the annual updated procedures. Patti requested additional time from Gabe Aboushanab. Gabe will confer with Sharon Anderson and get back to individual LEAs.
  • 2003-01 - EAC Policy & Procedures
    Greg handed out copies.
  • 2003-02 - LEA Survey Partnership Issue Statements
    Sharon Anderson and Rachel Morton to update group at the next EAC meeting. The next CIWMB/LEA Conference will have a session with an EAC Panel to discuss latest issues, roles and responsibilities.
  • 2003-03 - Adoption of Resolution 2003-03 for recognition of Paul Manasjan

V. EAC Issues for Discussion

  1. February 2003 Roundtable Issues
    No comments.
  2. Partnership Survey - Issue Statement & Recommendations
    On-going. Mark DeBie stated that there is a proposed May 8, 2003 permit workshop to educate Board members on the permit process. EAC would have a portion of the presentation. Looking at a task group to look at 5-year permit review process.
  3. Advisory 58 - Bay Area LEA Recommendation/Resolution.
    Greg asked members to review and provide comments back to Bob Holmes as soon as possible.
  4. P&E meeting recap - Direction for 3/18 Board Meeting
    Scott Walker gave updates. LEA evaluation second cycle was presented to the Board. Patti Henshaw stated that 50% of the LEAs had some sort of finding. This has improved since the first cycle. The EAC’s goal is to look closer at the evaluations and reduce findings from 50%. This is too high. Board member Jones had brought up at the meeting that sometimes problems are associated with financial needs. Scott Walker stated that if an LEA sees something that falls in another agency’s jurisdiction, they must clearly forward concern. (i.e.: Crippen)  Scott indicated that any oversight authority was not clear at that site. Patti stated that we need to learn from this example. Even though the LEA did what they were supposed to do, Crippen was a potential non-traditional solid waste facility (SWF). In the future, we could refer these type of borderline sites to all oversight agencies.
  5. Construction/Demolition (C&D) Regulations I & II – Discussion on the proposed regulations and the on going concerns regarding the significant changes to the last version.
    The Board put the changes out for a 15-day comment period. EAC members think these types of changes should go out for a 45-day comment period. Original comments from the EAC included adding C&D type facilities to existing Transfer Processing Regulations. At the time, the Board was looking into “tiering” these types of facilities.

Scott gave an update on the C&D LEA survey results. Board members are interested in large wood waste piles. The LEA in Sacramento County issued a notice and order (N&O) against Florin-Perkins Chip & Grind, a long-term, on-going problem C&D/composting type site.

VI: Updates

  • Added: Discussion on the establishment of an ombudsmen position.
    Dennis Ferrier brought up that there may be a need for an arbitrator to address discrepancies between Board staff and LEAs, mainly during the 18-month inspection process. Several members suggested that instead of having an outside party, the EAC already has the ability to function in that manner. This is a topic for the Roundtables. LEAs could be informed that the EAC could perform in this capacity if needed.
  • Legislation & Regulation
    Bob Holmes/CIWMB gave an update and handout regarding the status of proposed regulations for P&E. Proposed legislation included AB 240 (Reyes) that is in response to the Crippen Fire. This would require full permits for all Crippen like sites.
  • AB 201 (Romero): Addresses radioactive materials and is an attempt to transfer authority form the Department of Health Services (DHS) to DTSC. This would include positions, resources and funds.
  • SB 202 (Romero): Restriction on disposal of treated wood. Would prohibit treated wood waste from a Class III facility.
  • SB 537 (Romero): Could reverse AB 1220. Currently a spot bill.
  • SB287 (Sher): Intent language from AB 939 revisions.
  • AB 1427 (Maddox): Creates a comprehensive program for the management of biosolids.
  • Conversion Technologies
    Need an EAC representative for input
    . Patti will check with Riverside County for a contact since there is a conversion technology type facility located there. How will these types of facilities be tiered into existing permitting procedures? Brian Larimore, CIWMB will be the lead.
  • Added -  LEA staffing adequacy
    San Benito County has an issue since the county population increased thereby requiring them to have one full time person dedicated entirely to solid waste. Currently, their budget does not allow for this. San Benito County is working with Gabe Aboushanab/CIWMB regarding this issue. EAC contact: Matt Fore. Matt Fore also discussed the possibility of putting clear start and stop dates in the LEA Evaluation Report. Sharon Anderson agreed. Apparently information is buried in the evaluation reports. Since several months sometimes go by before the report goes out, many of the issues brought up in the evaluation report have already been addressed. The Director may not realize this fact since the information is buried within the evaluation report. Request a clear cover letter to the Director that highlights dates, issues and accomplishments.
  • Establishment of a long-term gas violation policy workgroup. John Bell is the CIWMB lead. Stay tuned.
  • Odor Complaint Tracking Form
    Rachel Morton handed out draft form and requested comments from EAC members back to her or Bill Prinz. This may be an on-going requirement. Follow-up at next EAC meeting.

VII. Public Comment Period

One public attendee, Mr. John Cupps. Mr. Cupps was representing the Solid Waste Authority in San Luis Obispo County who is interested in becoming the LEA. Mr. Cupps attended the morning session only. No afternoon attendees or comments.

Next meeting: To be determined. Later determined to be June 19, 2003.

EAC Archive

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 9, 2005
Enforcement Advisory Council (EAC)
Leta Forland: (916) 341-6395