California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting

Minutes: August 19, 2004

I. Introductions

Matt Fore, South Central Roundtable
Dave Otsubo, CIWMB
David Altman, North Central Roundtable
Mindy Fox, CIWMB
Becky Williams, CIWMB
Fernando Berton, CIWMB
John Cupps, Visitor
Sharon Anderson, CIWMB
Leonard Grossberg, Southwestern Roundtable
Patti Henshaw, Southern Roundtable
Rachel Morton, CIWMB
Vicky Gallagher, City of San Diego
Carolyn Hawkins, Northern Roundtable
Dmitri Smith, CIWMB
Dennis Ferrier, Northern Cities Roundtable
George Nakamura, CCLHO
Greg Pirie, Bay Area Roundtable
Sue Markie, CIWMB
Sue Happersberger, CIWMB

Sidebar: Patti Henshaw recently completed a four-day hearing for a cease and desist order that she issued to an unpermitted transfer/processing facility. She learned the importance of clear inspection reports and photographs. She also encouraged EAC members to verify statements made by operators. For example, the operator stated that loading a truck would take only ten minutes; Patti measured loading cycles at 45 minutes. Moreover, the hearing and related preparation took hundreds of hours and cost tens of thousands of dollars in staff time.

II. Agenda Review and Approval of Previous Minutes

A motion was made and seconded to approve the minutes from the previous EAC meeting (Ferrier/Nakamura). Unanimous.

III. Landfill Manager and Inspector Training Certification

Darryl Petker presented a matrix of six possible options for the forthcoming landfill certification regulations. He requested LEA input soon as the regulations are going back to the Board in November/December 2004. The EAC agreed that each Roundtable Chair would solicit input from their various LEAs, consolidate the comments, and forward them to the EAC Chair.
Dennis Ferrier requested that Darryl remove the phrase “MOLO-type” from the regulations, as it is a proprietary title for SWANA. He also suggested that SWANA, a private lobbying organization, should be listed under the “Cons” shown on the matrix. He added that it is difficult to prove a connection between landfill training and reductions in violations since the CIWMB has provided a tremendous amount of targeted training to LEAs during the years under study.

Dennis then discussed the cost of training. Although he believes that inspectors and operators should avail themselves to training, he opposes the creation of a whole new layer of expensive training, whose need has not yet been proven.

Fernando Berton, of Board Member Mulé’s office, asked how much landfill training REHS trainees receive. Members generally agreed that training outside of the trainee’s main specialty, was generally minimal.

IV. Waste Characterization Study

Nancy Carr from DPLA gave a presentation on the CIWMB’s Waste Characterization Study. The Board is seeing a decline in diversion rates. The purpose of the study is to determine what materials are being disposed to help the Board develop new ways to increase diversion. The study will be conducted in the regions of the San Francisco Bay, Sacramento, Los Angeles, and San Diego and will examine the following waste streams:

  • Selected generators such as restaurants and shopping malls
  • Residuals from MRFs
  • Construction and Demolition Waste
  • Self-haul and drop-box waste from commercial sources

Dennis Ferrier suggested that DPLA focus on “real solutions” and not just on numbers. Bob Holmes encouraged Dennis to send this suggestion to the researchers.

Patti Henshaw stated that planning departments, during CEQA, should ensure that there is sufficient solid waste disposal capacity to accommodate the project under review.

V. Legislation/Regulations

Bob Holmes discussed the following legislative/regulatory actions:

  • AB 2159: Original language was amended. The senate has approved the amendments. Bill was sent to the Assembly for a vote.
  • AB 2633 (Grease Regulation): Continuing to move through committee(s).
  • SWFP Application: The Board approved changes to the SWFP application and its instructions. The new application adds a “capacity” field.
  • Long Term Gas Violations: Will be noticed by August 31, 2004.
  • Bioreactor Study: Preliminary stages of development.

VI. Training

Mindy Fox discussed the following training opportunities:

  • LEA Conference: May 11 – 13 2005: Anaheim
  • Unexploded Ordinance: October 20, 2004 (Sacramento); also San Diego and Covina

VII. Ralph Hunter Award

The EAC approved the following changes to the Ralph Hunter Award application and selection criteria:

  • After the Awards Committee reviews each application, the EAC will approve recipient.
  • Recipient shall be employed by an LEA/EA for at least two years.
  • Recipients are not required to possess REHS certification.

Approved Language:

  • Purpose: “To recognize an individual who has made a major impact in the field…”
  • Nomination Procedure: “Nominee shall come from an LEA/EA in good standing within the past year and shall…”

2004 Nomination Procedure

  • “Applications are due to be submitted to the Awards Committee, received no later than (write in actual date)…”
  • Delete all lines stating “REHS Y/N”
  • “Please describe the nominees achievement based on the importance of the project/program – subject of achievement, duration of impact (long lasting effect of project/achievement), scope of impact on solid waste and accompanying narrative and detailed documentation describing the achievement.”

Rating Sheet:

  • Employed by an LEA/EA for 2 years

Strike the following language from the draft:

  • Current REHS
  • Duration of impact
  • Scope of impact to Solid Waste Field.
  • Strike out local vs. statewide

VIII. Regulatory Concepts Sheet

Mark DeBie presented the revised regulatory concepts sheet that incorporated the previous EAC/LEA comments. Mark envisions the development of two separate regulatory packages in the future (See handout for a description of the packages).

Mark requested that the EAC provide him comments on the following issues by September 1, 2004:

  • Page 2, No. 9:
  • Page 3, Nos. 5, 12, and 23
  • Page 4, No. 19

The EAC will send comments to Greg Pirie by September 1, 2004.

IX. California Performance Review

Howard Levenson had little new information to share. The Board is waiting to see what develops.

X. Elections

The EAC elected Bill Prinz to the office of Chairperson, and elected Dave Altman and Leonard Grossberg to the positions of Co-Chair.

XI. Meeting Adjourned

Next meeting tentatively scheduled for October 28, 2004.

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: April 21, 2005
Enforcement Advisory Council (EAC) http://www.calrecycle.ca.gov/LEA/EACouncil/
Leta Forland: Leta.Forland@calrecycle.ca.gov (916) 341-6395