California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting

Minutes: June 24, 2004

I. Introductions

II. Agenda:

A few minor revisions. One deletion (Ralph Hunter Award). A couple of scheduling/timing changes.

III. Approval of Previous Minutes:

Ernie volunteered to keep this meeting’s minutes. One “blank” filled in. Minutes for April 29, 2004 meeting were approved.

IV. EAC Travel Claims:

It is the end of the fiscal year, so EAC members need to get their travel claims in ASAP.

V. EAC Agendas:

Greg and Rachel have procedures for placing items on EAC agendas. They try to provide a heads-up/request, with some ideas, get input/comments from Round Table and other EAC reps, then develop a draft, get additional comments/suggestions and finalize. This goes to many at CIWMB. It is best if requests go to Greg (not all EAC or others) to avoid confusion and any possible politically sensitive issues.

Next meeting will hold EAC elections.

There was some discussion regarding alternation of the EAC Chair between North and South and whether or not it was in EAC By-laws. It is not in the by-laws, but has appeared to work out that way.

VI. Odors:

Bridget provided an update. Met last week and decided who would be working on what projects. All is being done per March 16, 2004 Board Agenda Item #15, Scope of Work.. They assigned tasks and leads. Working on how to keep all interested parties (EAC) informed. Brenda will provide updates to EAC in person or e-mail. Any questions in the meantime, contact Bridget.

Some discussion about background (increasing odor complaints), process (contract with San Diego State), wanting to “find solutions to odor complaints”, two prong approach (pro-active and re-active), and products (matrix with options, odor kits). Some air board issues were discussed, parts of the agenda item were read. San Diego State had worked on BMP’s with South Coast Air Quality Management District (AQMD). Brenda is the Contract Manager.

Dennis discussed San Jose local air board and LEA coordination and cooperation. Concern that some call CIWMB and get different information or responses than from air board and LEA and these are used against locals. Concern for the need for “tools” rather than “mandates”. Also some discussion regarding possible sources of odors other than from composting that may/have been blamed on composting.

VII. EAC Resolution:

Resolution 2004-01 - Approval of recent updates and priority’s to the Permit Toolbox Maintenance Advisory Committee.

Mac was set up as an EAC workgroup in 2001 as an advisory committee for updating the on-line Permit Tool Box. This was done by EAC resolution and members were identified.

A hand-out was provided. Most of the handout is available on the web now or soon.

Background: How to maintain Tool Box so it does not get “old” (to keep it useful). Developed a maintenance plan, schedule and a charter. EAC role is to provide direction, prioritize, approve additions or concepts and provide guidance. Charter is in handout and on web.

Lately, additions posted include:

  • “What’s new in the Permit Tool Box”
  • Permits “definitions” page, and “Glossary” of common terms page.
  • Links to other glossaries, such as DIPLA (different regulations have different definitions).

They are posting “draft” pages to be used and tested before approval. Approval is not too formal, with some internal (CIWMB) review and tMAC. It is not established “Policy” or underground regulation. It doesn’t create new “guidance”. The tool box references and links existing information utilizing various search engines.

They periodically survey LEAs. Results of recent survey is included in the handout. Would like EAC to approve the list and prioritize. Jon reviewed each item and where it came from. CEQA discussion: there are lots of links to CERES, etc, but what about links to “other resources” or other providers. So-Cal had a check list from Round Table as a tool for Public Hearings, including examples. Some discussion regarding a new section that would be generic to various stages and permit processes for Public Hearings, Outreach, Hearing Panels, etc.

Discussion regarding an RFI Amendment Page that would:

  • overview the pertinent regulations
  • provide links to the regulations
  • provide more detail, such as review of report of facility information (RFI) amendment questions, more detail on the 3 required regulatory questions, and a compiled list of all RFI amendments approved by LEA (someone has already done?).

Some discussion on 180 day timelines for Amendments. If approvable, not generally a problem or big deal. If not approvable, or need a permit revision, need the 180 days (if not more).

This segways into “significant change” issue. Where does the line fall, reference to and discussion regarding an old Board document on significant change (later handed out), and how does it fit with RFI amendment required 3 findings sections (as an RFI amendment only).

Discussion regarding permit reviews, what to review and what to do about previously errors or carry-overs.

FAQ page: expand on answers and link to regulations and statute (Citations). First is about combined applications and processes (RFI amendment, Permit Review and/or Permit Revision). Some lengthy discussion. Permit review and RFI amendment processes are different. Some changes are occurring in regulations for applications coming for another 15 day comment.  Also, there is a different process for full and registration permits that needs to be addressed.

VIII. Regulations Concepts:

Northern has submitted draft comments on the concepts (Ernie). Southern Cal is meeting next week (both Round Tables). In a week or two they should have their comments ready. EAC hoped for comments by this meeting and produce some type of summary analysis to discuss.  Now, analysis will have to be done electronically. Mark will do the analysis and send it out for review in July. Hopefully have 2-3 workshops in August with Industry, environmental and others with the “Plan”.

Round Tables will forward to Greg. Greg will compile, then get together with Mark (Patti will help in the future, after vacation, if not done). Hoping for comments 1st week of July, so complication of all and analyses and completion of work plan by Mark, Greg and Patti by August for Workshops.

It was suggested that Round Tables should take some time in comments to note what we “don’t want to see if the regulation concept does go through”.

IX. Construction and Demolition (C&D) Working Group (Randy Freelander):

Working Group update. Working group made up of P&E, Market Development and Division of Planning and Local Assistance (DPLA) to look at barriers, issues, etc.

Identify all barriers to recycling C&D throughout the state that they could possibly come up with. Then develop questionnaires/survey to send to everyone remotely connected to recycling C&D. Back for a Board Agenda item in September.

Have had 5 meetings. Developed 4 pages of barriers. Narrowed down to 15 or 16 “topics’. Looking at various survey formats. They do have a survey format (Allison Spreadborough on vacation through July 6). On-line survey. Will be asked to pick top 3 from the 15 and comment. Letter to specific interests with a link and code to access or out to the general public?

Orange County is looking at a big study for diversion at landfills and transfer stations. There are links and issues. Banning C&D at landfills effects transfer stations, etc.

Catherine Cordozo has workshop July 8 in Sacramento regarding C&D Model Ordinances.

This is a huge undertaking and changing daily. Mid-August conduct survey and get results for Board meeting in September.

Bit of discussion regarding exempt sites, 2 part and 3 part test and 10% issues.

X. Training and Next Partnership Conference:

99% sure will be at Sheraton, Anaheim, Wednesday, Thursday and Friday, May 11, 12, and 13. First day dinner will be as a group. Discounted Disneyland packages available (also good 3 days before and after). Steering committee is in the process of setting up.

Training: same as 2 months ago. 12-18 month plan. Ready to hire trainers. A number of web base trainings are ready to go up soon.

XI. Regulations/Legislation (Bob Holmes):

Watching closely:

  • 2277 – Appliance Recyclers (Metallic Discards Act), requires DTSC Certified Recyclers
  • 1353 – Treated Wood Waste (Toxics and Water Board)
  • 2633 – Grease Trap Bill. Amended: Certification by CIWMB. To go to facility with solid waste facility permit (SWFP) that permits such.
  • 2159 – Allow hearing officer or hearing panel. Panels term from 2 to 4 years. No stay for non-permitted facility. Requires inventory of operations that do not require permits. Is at Senate E.Q. Committee

Discussion: Orange County is in middle of a hearing. Discussion about Government Code sections (what sections?), inconsistency, lots of work, “legal process”, need for some good preparation if it goes to court, need for internal processes (in enforcement program plan), and possible proposals to submit to Justin based on their experience.

There are possible conflicts between PRC and Government Code. Need process on “how to assess civil penalties”. A check list for conducting a Hearing, like for the “public hearings”, and documentation are important.

Three regulations packages in works:

  • Permit application will have another 15 day comment period in a week or so.
  • Long term Gas Violations. Preparing Economic Analysis. 45 day will probably begin in July
  • BioReactor regulations will go to Board in July.

XII. Radiation Monitoring (at transfer stations):

One has radiation detection monitors and gets hits once in a while. What do they do when get a hit (Notification/Reporting – Special Occurrences Log). It is often Medical waste, Department of Health Services is the official agency, but they and Department of Toxic Substances Control and CIWMB all had different answers. Need procedures.

XIII. Manager of Landfill Operations (MOLO) Certification Regulations

Dennis spoke with Don Dier. Solid Waste Association of North America (SWANA) is actively promoting (Mel Knight e-mail). What is going on?

Led to lengthy discussion and review of March/April 2 workshops on “draft” regulations, last EAC meeting discussion, etc. Regulations are still on hold and under review. Developing a Matrix (draft, but not through internal process). Plan for a September or October Board discussion item with options (from matrix)

XIV. Board Advisors and Board process/format:

There were some questions and discussion regarding new Board appointees, Board Advisors (Analysts – were eliminated – being filled by loaned CIWMB staff). Advisors are Governor Appointees with no terms. At the will of the Governor.

New committees and chairs, etc. Start in July.

XV. Fires in Stored Piles:

Discussed alternative daily cover (ADC) and the Vasco Road Landfill auto shredder waste fire. Question raised is “What position should LEA’s take?” The Solid Waste Policy Committee would like to see local fire agencies more knowledgeable as it relates potential for fires in materials for reuse. Howard noted that Sharon Anderson and others are developing an informational workshop for fire chiefs. The content of auto shredder waste has changed over the years and previous variances need to be reevaluated. LEA’s with auto shredder waste going to their landfills need to follow this issue as it moves forward. The diversion issue at Vasco and fire in stored piles is yet to be determined. The Board is asking for case studies to evaluate what happened. Next the Board will work with the State Fire Marshall to determine how best to address such issues. It is the Boards hope to have something finalized by 2005 regarding fires and stored piles. May develop regulation calling for Fire Prevention Plans.

XVI. Legislation/Regulations (2159):

Howard reported want to keep the current structure including simplified hearing process when a non-permitted facility has been issued a cease and desist order, no stay for non-permitted facilities, and hearing panel or hearing officer.

XVII.  Public Comment Period:

No public comments were received.

Next meeting will be August 19, 2004 (second option August 26, 2004).

Roundtables start again September 23, 2004.

Meeting Adjourned.

EAC Archive

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