California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting

Minutes: Enforcement Advisory Council Meeting—October 14, 2003

I. Introductions

Members present: See attached participant roster.

II. Agenda review

No changes.

III. Approval of August 20, 2003 Minutes

Rachel Morton to post approved minutes on CIWMB website.

IV. EAC Resolutions - Status & Updates

  • 2002-02:  Burn Dump Advisory Workgroup – Completed
    AB 709 legislation is specific to CIWMB’s cleanup program. It clarifies oversight roles for burn dumps. A guidance document has been developed as a supplement to Advisory 56. However, AB 709 still does not address the case where a responsible party wants to unilaterally remediate or develop a burn dump. Presently, the RP must follow 2061 protocols. The Burn Dump Resolution is now complete and will no longer be included on future EAC agendas.
  • 2002-05: Enforcement Program Plan (EPP) Toolbox. Ongoing. Patti Henshaw is working on templates and approved procedures.
  • 2003-01: EAC Policy and Procedures. Completed. Greg Pirie to forward jurisdictional map to Rachel Morton.
  • 2003-02: LEA Survey – Partnership Issues. Ongoing. EAC forwarded two letters to CIWMB Board Members. Need official feedback from Sharon Anderson regarding CIWMB issues, which may include enforcement issues.

V. EAC/CIWMB Topics for Discussion

  1. Training
    • LEA Conference: March 10-12, 2004 at the Holiday Inn Downtown. Networking will be replaced with recycled product trade show and a trip to the Yolo County Bioreactor.
    • Radiation Training:  Courses offered in San Jose, Long Beach, and Hanford.
    • Load Checking: Coming in 5 months (web based).
    • C&D Regulations: Resource packet for navigating regulations to be sent soon.
    • Notice & Order “how to” kit being developed for LEA’s.
    • Illegal Dumping on Tribal Lands:  November 5, 2003 in Arcadia & November 12, 2003 in Sacramento.
  2. Change in Boundary and PRC 50001: Back to “dot on map.” No more items will be submitted to the Board on this issue. However, it may reappear with the Fink Road Facility Permit.
  3. Construction and Demolition (C&D) Workshop: September 22, 2003 to discuss 14 last minute “add on's.” The meeting was industry dominated; only two LEA’s phoned in comments. Next hearing is scheduled for October 30, 2003.
  4. Bioreactor Landfills: At present, bioreactor operators may only add bulk liquids to initiate decomposition. Yolo County obtained a “Project Excel” certificate from the EPA. The October 27, 2003 Permitting and Enforcement (P&E) Committee meeting will include a field trip to the Yolo County facility
  5. Issuance of Cease & Desist Orders with Compliance Schedules: LEA’s may apply a C&D order to that component of a facility or process that is out of compliance while the operator either obtains the proper permits or scales back to the original compliance threshold.
  6. AB 20: Applies surcharge to cathode ray tubes (CRT).
  7. Long Term Gas Regulations: Next hearing November 7, 2003.
  8. Manager of Landfill Operations (MOLO) Mandatory Training (Daryl Petker): Board Member Jones is very enthusiastic about making MOLO training mandatory. The California Conference of Directors of Environmental Health (CCDEH) supports this idea provided that LEA’s receive sufficient funding to train staff.  he EAC seemed to support the idea provided that money is made available and that the training is relevant to California.

    Darryl Petker’s Presentation: Board Member Jones originally suggested the idea in 1997. Board staff was directed in September 2003 to develop mandatory MOLO regulations. An informal comment period is underway. Comments to date have centered around issues including: Would managers of “small sites” have to be MOLO certified; If the certified manager were to leave, could the facility continue to operate; Would LEA’s, who have attended MOLO but who have not maintained their certification, have to retake the course?

    Resource Council of Rural Counties (RCRC) subsidies would be available for rural counties.

    Ferrier felt that mandatory training might be overkill since LEAs have the greatest understanding and the most experience with landfills. Most problems and enforcement actions arise from other operations such as C&D and compost sites.

    Nakamura and Ferrier are the EAC contacts for these regulations.

  9. Ernie Genter: Ernie was the lead agency for a recent solid waste facility permit (SWFP). Originally, the permit was on the consent agenda however, it was pulled and placed on the regular agenda. During the meeting, board members questioned why the tonnage was not explicitly stated on the permit. Ernie chose not to state tonnage since it fluctuates so much throughout the year. His overall point is that the Public Resources Code (PRC) says that terms and conditions of the permit are at the discretion of the LEA. Therefore, it was his prerogative whether or not to include tonnages on the permit.
  10. GMI Gas Meters (Dave Altman): Dave Altman’s roundtable reported that the CIWMB’s training on gas meters is inconsistent with procedures outlined in the LEA Advisories. Mark De Bie stated that the differences might be between gas surveying and gas monitoring. The EAC will discuss further.
  11. Action Items:
    • EAC Representative to P&E Committee Meetings: Greg Pirie to recruit EAC delegate.
    • C&D Workshop: Greg Pirie asked EAC members to review the 14 C&D “add on’s” and evaluate which ones might be applicable to other facilities and operations.

VI. Public Comment Period – No comments

VII. Meeting Adjourned – Next meeting December 18, 2003 at Cal EPA Building.

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