California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting

Minutes: February 19, 2004

I. Introductions

II. Agenda Review – Addition: Partnership Model/Cal EPA – The North Central Roundtable through its EAC representative expressed how much they liked the partnership model and would like to see its use in other Cal EPA Departments. This support will be passed on to CCDEH who has and continues to pursue such partnerships.

III. Approval of Previous Minutes - Minutes for the 12-18-03 teleconference approved as corrected:

  1. Page 2, item 2) should be “Removes cap….”
  2. Page 2, item 3) should be “Requires…hearings on revised SWFPs.
  3. Odor Complaint Tracking #2 - …can have air quality nuisance impacts.
  4. “ “ #3 – AB SB 88
  5. VII – Lev i enson

IV. EAC Resolutions

2003-02 Partnership Issues – Sharon Anderson will be looking at issues related to CEQA. At the conference a workgroup consisting of herself, Gary Erbeck, Elliott Block, Greg Pirie, Leonard Grossberg, Mark De Bie, and Dan Avera will look into CEQA and other partnership issues. Following the conference, the results of the workshop will be presented to the Board.

2003-05 Odor and Possible Health Effects – The question remains regarding composting and possible health effects. It was noted that some Board staff are directing callers concerned that compost might be causing illness to contact their local Health Services Dept. Concern was expressed that if a caller contacted the Health Officer, that the HO in turn would come back to the LEA regarding the issue. It was suggested that DHS reconsider the bioaerosol issue and come up with a more definitive report. However, with funding as tight as it is, it is unlikely this will happen.

The Board has funds available and would like short-term research for practical compost odor control tools. These tools would be included in the permit toolbox. Information is being collected by the CIWMB regarding time of day odors noted, climatic conditions, cause and what kind of odors in hopes of coming up with suggested mitigations/Best Management Practices (BMPs). The Board may also look into and provide guidance regarding siting issues for composting facilities. Issues to be considered include: Should OIMPs be a CUP condition? How much detail needs to be included in a submittal? How much processing can a facility do? Patti Henshaw and Bill Prinz are assisting the Comprehensive Compost Odor Response Project Working Group developing a scope of work.

The EAC has encouraged the Board to use available funding to address odors and siting. There will be a March Board Meeting item regarding these issues.

The Board is aware of issues regarding both existing and proposed new composting sites.

Also, the Board is working on an MOU with the Dept. of Food & Ag regarding animal composting as an option to rendering.

2003-06 LEA/EA Annual Achievement Award – A few nominations were received. Copies of the nomination information was distributed to EAC members, et al for evaluation and recommendations. Evaluations/recommendations are to be returned to Greg Pirie no later than 2/24/04. They can be faxed to Greg at (707) 253-4176.

V. EAC Issues for Discussion

  • AB 1497 Implementation: Public Hearings and Significant Change Regulations – Labor Transition Plan - No action required by the LEA except to note that it has been included in the Final Closure Plan.
  • Public Hearings – There have been several questions such as what are we required to do in regards to Environmental Justice? This will be addressed during the preparation of the regulations. This will be added to the Board’s web site’s FAQ’s. Keep in mind, the FAQ’s and responses are similar to LEA Advisories in that they are for guidance and do not hold the same force as law. The CIWMB is open to further dialogue regarding the FAQ’s. On behalf of the EAC, Dennis Ferrier will review and provide recommendations regarding the FAQ’s.
  • The requirement for public hearings does not apply to new permits at this time, only to revised full permits and CDI permits.
  • A scoping workshop to discuss 1497 issues will be held by the Board, most likely this summer, as part of the regulation development process.
  • Dave Altman noted that the North Central Roundtable members felt that the public hearing requirement was a duplication of CEQA and since there is no mandate to take any action in response to the publics input it is a lose-lose situation. It will cost the operator money and the public will be upset because the issues they raise may or may not be addressed. The Roundtable felt legislation to rescind this part of the statute should be pursued. Board staff noted that CCDEH supported the legislation, as did the Board members. Not much chance of a change to this bill. Altman asked that when the regulations are developed that the hearing process be considered and possibly made more meaningful. A suggestion was made, rather than calling the hearing a hearing, call it a “Public Announcement of the LEA’s Preliminary Determination.”
  • Public hearing must be conducted before the LEA determines to accept an application for permit revision.
  • Partnership Issues – See Item IV Resolution 2003-02 above.
  • Multiple Permits/EA Notifications & Inspection Reports at Solid Waste Facilities- Patti Henshaw asked with the new regulation packages, if you have a permitted transfer station that takes in green waste for chipping and grinding is another permit required for composting? No, but the operator does need to revise the permit to reflect the other operation. If chipping and grinding is conducted at a permitted landfill, does the NDFE have to be amended? Does the revision have to be done now, or can it wait until the 5-year review? It was suggested that these questions be posed via the P& I contact for consideration.
  • Manager of Landfill Operations (MOLO) Certification – Darryl Petker advised that draft regulations have been circulated internally and may be available at the conference for the question and answer period the second morning. They will be out at least in the near future. A discussion document will be out before the conference. In addition, meetings will be held in northern California 3/30/04 and in southern California 4/1/04 for public input. Information can be found at opcert@calrecycle.ca.gov. Following the meetings comments will be taken back to the Board. Training is scheduled for August and ??.
    • Issues that have been brought to staffs attention include the following:
      • Why do inspectors need MOLO training? Why limit the training to landfills?
      • The response was that last September the Board directed staff to pursue preparation of regulations mandating MOLO training for operators and LEAs/EAs. It was felt that “Inspector Training” was not equivalent to MOLO in that it was not landfill specific. An option to taking the course, for example if you have already taken it, will be to test out/challenge the test. CEU’s may be offered through the CIWMB. Only LEA’s that have active landfills in their jurisdiction will be required to be MOLO certified.
    • Patti Henshaw noted that funding should not be a problem as LEA Grant money can be used to pay SWANA MOLO training fees.
    • The EAC will discuss the MOLO training issue more once the draft regs are available.
  • Governor’s Executive Order S-02-03, Regulation Review – A finding was made that the CIWMB has complied with all parts of the order. The CIWMB worked through the OAL to conduct the review of business and financial issues.

VI. CIWMB Topics, Updates and Discussion

  1. Legislation/Regulations - AB 1802 – Changes fines in Penal Code for illegal dumping.
    • SB 1880 – Establishes a fluorescent tube program.
    • ADC final rulemaking in progress.
    • Consideration is being given to establishing LEA staffing requirements based on population within a jurisdiction.
    • Watch for revisions to the SWFP/JTD/RWD application form.
    • Long-term gas violation regulations have gone to the Board for direction to start the formal rule making process.
  2. Training and LEA Conference - Mindy Fox announced that it is anticipated that the up coming conference at the Holiday Inn at 3rd and J, Sacramento, will be one of the most heavily attended annual conferences. She advised to register soon as they are running out of rooms. She noted that parking is included in the price. Also, a reception sponsored by CCDEH and the EAC will be held on a riverboat cruise on the second night. Mindy went on to say that the committee is excited to have new Cal EPA Secretary Terry Tamminen as a speaker following lunch on day two of the conference. Some scholarships are available to attend the conference.
    • Check LEA Central for other proposed training.
  3. Other – The committee, under Jon Whitehill, working on the permit tool box is again gearing up. Let Matt Fore know what questions the committee should be asking/considering. A concerted effort will be made to keep the tool box up to date with current regulations. At the conference Jon will discuss past accomplishments and ask for a ranking of the next phase issues.

The March Board meeting will be in San Jose.

Roundtables begin again on May 4, 2004.

Next meeting will be in April [scheduled for April 29, 2004]:

  • Follow up on multiple permits issue.
  • Needs regarding odor letter to Board

VI. Public Comment Period

  • No public comments were received.

Meeting Adjourned.

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) http://www.calrecycle.ca.gov/LEA/EACouncil/
Leta Forland: Leta.Forland@calrecycle.ca.gov (916) 341-6395