California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting

Minutes: January 20, 2005

Meeting called to order 9:38 AM

I. Introductions

Bill Prinz, Southern Cities Round Table
Leonard Grossberg, Southwestern Round Table
David Altman, North Central Round Table
Donna Heran,CCDEH
Matt Fore, South Central Round Table
Patti Henshaw, Southern Round Table
Dennis Ferrier, Northern Cities Round Table
George Nakamura, CCLHO
Greg Pirie, Bay Area Round Table
Howard Levenson, CIWMB
Mindy Fox, CIWMB
Mark De Bie, CIWMB
Rachel Morton, CIWMB
Bob Holmes, CIWMB
Sue Markie, CIWMB
Bobbie Garcia, CIWMB
Becky Williams, CIWMB
Jon Whitehill, CIWMB
Jeff Hunts, CIWMB
Sue Happersberger, CIWMB

Next EAC Meeting: Tuesday, March 8, 2005

II. Agenda Review

Late Additions:

  • Ralph Hunter Award Forms

  • Long Term Gas Regulations

  • E-Waste Recycling Act of 2003

III. Approval of Previous Minutes

Correction to the 11-17-04 minutes: Page 3, Continuation – “Landfill Manager…Certification”, Item 2: Should be, “No mandatory certification training!”

Minutes for the 11-17-04 meeting approved as corrected.

IV. EAC Resolutions

  • 2003-02 - "Partnership Issue Statement”: To show progress, it was suggested that the Resolution be updated to reflect current activities and spin offs. Discussion noted that the new regulation package is an outcome of the Resolution. Concern was expressed that there has been no follow-up regarding the committee meeting, held 9-9-04, addressing the Partnership Issues.
  • 2003-05 - “Odor and Possible Health Effects”: There was no C-COR presentation at the meeting. Discussion and commendation was directed to Greg Pirie for his research and summation regarding odors outlined in a letter to a client.

V. EAC Issues for Discussion

A. Landfill Manager and Inspector Certification: Proposed Resolution

D. Ferrier presented the proposed resolution prepared on behalf of the EAC. The resolution will be numbered “2005-01”. Discussion regarding the bullets followed. Bullet 2 evoked much discussion. Suggested wording for Bullet 2 is “EAC is concerned that it may be inappropriate if EA inspectors were to be certified by a registered industry lobbyist.” Regarding the second to last bullet, P. Henshaw felt the comment regarding the Performance Review should be deleted. She also noted, in Bullet 1 that the referenced regulation packages should be addressed by Title;
in Line 3, paragraph 2 should add “…Local Enforcement…”; and that acronyms should be spelled out since document is public record. B. Prinz will make the changes to the proposed resolution and will then distribute it. It was moved and seconded to approve Resolution 2005-01 with the proposed changes.

The issue of distribution was raised. Should it go directly to the Board or be submitted through channels? After much discussion, B. Prinz advised that he would distribute the resolution to the Board through Howard Levenson, to CCDEH, and to the EAC. H Levenson later confirmed that the appropriate distribution to the Board is through him so that both the resolution and his response can be submitted to the Board concurrently.

D. Ferrier noted that the EAC Bylaws allow direct communications with the Board. Others felt this not appropriate recalling problems a few years ago. D. Heron agreed to check into/clarify the roles and procedures regarding the EAC vs. CCDEH TAC.

B. Toolbox for Report of Facility Information (RFI) Amendments

Jon Whitehill announced that the TMAC was alive and working. Guidelines have been added to the Tool Box addressing the new application form, which became effective 1-1-05, and regarding public hearings. Jon encouraged that the “What’s New” section of the Tool Box be checked monthly as revisions and updates are occurring that fast.

Draft guidelines regarding RFI amendments have been prepared but await a resolution from the EAC. Comments about the guidelines included the need for a better disclaimer/clarification that the examples listed may not apply to all facilities. Also, it was suggested that a link be added to the definitions for design and operation. Was moved and seconded that M. Fore draft Resolution 2005-02, including a reference to Resolution 2004-01, addressing the changes discussed.

C. Landfill Facility Compliance Study

Bobby Garcia again discussed cooperation, or need for it, between LEA’s, RWQCB’s, and Air Districts. An example given regarding the need for more coordination is the finding that the majority of groundwater contamination is now believed to be caused not by leachate but by landfill gas. Some Regional Boards routinely meet with LEA’s others have little contact. In an effort to save time, Bobby will be going to the upcoming Roundtables to ask LEA’s directly what their experiences have been and what they would like changed. Comments by the EAC are outlined below:

  • D. Ferrier: Expressed concerned with definitions in each reg. package and potential for conflicting definitions especially when operations are layered at one site.
  • Will coordination help deal with closed sites and encroachment?
  • P. Henshaw: Southern California LEA’s have quarterly meetings with the operators and RWQCB. Overlapping enforcement and coordination have worked well.
  • M. Fore: He would like to see more Air District participation in the joint meetings.
  • G. Pirie: Did the study reveal anything surprising? B. Garcia responded although the LEA’s understand the issues, outsiders and/or contractors often do not understand.

D. Partnership Effort Review of Issue Papers on California Environmental Quality Act and Compliance

H. Levenson noted that at the current time the compliance paper is delayed.

E. EAC and Board Member Contact: Issues for Discussion

EAC members may approach the Board if slotted to give a standing report.

If the EAC has a specific issue they would like to have a Board member address, the Board member could be invited to an EAC meeting.

Point of information: Ms. Moulton-Patterson and Mr. Paparian’s terms and allowed extended time will be up in March.

F. Fires in Stored Piles – Discussion Paper

Board representatives will be meeting with State Fire Marshals to update them regarding concerns. Up for discussion will be the draft Fire in Piles document previously distributed. On March 29, 2005 the CIWMB will hold a public workshop regarding fire issues. Then will follow up during the next fiscal year.

G. Resolution for Mike Schmaeling

L. Grossberg circulated a resolution for EAC representative’s signatures. Hats off to Leonard for a well-written resolution.

H. Are Transfer Station Permit Requirements Consistently Applied at Cal Trans Maintenance Yards?

M. DeBie raised this issue. It was noted that although some maintenance yards may be exempt, others may be subject to the CDI Transfer/Processing regulations. It was suggested to Mark that an advisory All- LEA e-mail be sent regarding how to handle such situations. To assist Mark, Roundtable reps will ask the members of their Roundtables if any LEA has permitted a City, County or Cal Trans maintenance yard.

I. Regulation Package A

**Note: A special EAC meeting will be held before the conference the morning of May 11, 2005 to discuss this issue only.

Becky Williams advised the P&I Committee approved moving forward with the regulation package. A few of the issues are being worked on concurrently. Some of the issues have underlying issues and subgroups have been formed to address the details before attacking the bigger issue. Was requested that Roundtable representatives distribute Package information prior to the meetings so LEA’s can bring constructive comments to the Roundtables. Becky will also attend the Roundtables to obtain more stakeholders input. Workshops originally proposed for March will be postponed until April 2005 in order to allow for more LEA and EAC input. Can send comments directly to the committee or work through the EAC liaisons (P. Henshaw, S. Markie, or G. Pirie). Also, issues will be discussed at the March 8th EAC meeting. Will pursue approval to move into formal rule making at the June Board meeting. At the conference a presentation could be made addressing were the issue is at, calling for questions and/or concerns.
M. DeBie: Will use next EAC to check on progress of the package.

J. Ralph Hunter Award

The proposed changes to the information and application sheets for the Ralph Hunter Award have been made and copies were distributed to the EAC. Nominations must be submitted before March 14, 2005. The information sheet and application package may be distributed at the Roundtables. It was requested that the CIWMB do an All-LEA e-mail of the application. (Do not circulate the evaluation sheet).

K. Long Term Gas Regulations

Staff for P. Henshaw has prepared comments regarding Long Term Gas Regulations and changes needed to clarify that the landfill gas regulations in T-27 in fact have a broader application, so clear that they apply to active, closed and CIA sites. The comments will serve as a basis for the development of an EAC resolution. Please take the comments to the roundtables for additional input. If you want to be involved in this issue, contact B. Prinz or P. Henshaw.

VI. CIWMB Topics, Updates and Discussion

A. Legislation/Regulation

Bob Holmes reminded everyone that the new application form must be used for submittals received after 1-1-05.

Two regulation packages continue to progress the Long Term Gas regs and the RD&D regs.

The Conversion Technology regs have been shelved. For now, will treat on a case-by-case basis using the Transfer/Processing regulations.

Bob advised there has been no new legislation.

There was a brief discussion about AB 1353 regarding Treated Wood Waste Handling/Disposal. Bob may be contacted if you have any questions regarding implementation of the legislation.

B. Training and LEA Conference

Mindy Fox reported that the arrangements for the Conference in May are looking great and details are being finalized. A single room for 3 nights plus registration and meals will be $400. The hotel may be extended on either end of the conference for $95/night. Will be able to register on-line. In addition to a full agenda, there will be 3 great field trips available (Port of Long Beach, a very large landfill, and a landfill and recycling facility).

An All-LEA e-mail will be going out soon announcing training for LEA’s and Planners titled “A to Z Permit Processing (C is for CEQA)”.

Health & Safety classes have been scheduled for 3/17 in Santa Ana, 4/13 in Fresno and others venues will be forthcoming.

A contract has been signed for State Minimum Standards training. Training is anticipated to begin after the Conference.

Mindy also noted regarding Inspector/Manager Training, a broader training package then previously proposed is being prepared for presentation at the April Board meeting. The package being prepared pretty much already encompasses the items outlined in the EAC Resolution.

C. Comprehensive Compost Odor Response Project Working Group

See Item IV, Bullet 2 above. No additional discussion.

D. California Performance Review and the Governor’s Proposal (State of the State Address)

Per H. Levenson, the issue is pretty much up in the air. The Little Hoover Commission meets the week of January 24, 2005. Then it goes to the Governor, then Legislature. The Reorganization Plan must be accepted all or nothing. As currently outlined, effective July 1, 2005 the CIWMB would be absorbed into Cal EPA as a department. There are also other reorganization proposals floating around such as a possible part time Board. Will have to wait and see what happens.

E. MRF Study

No discussion regarding this item.

F. E-Waste Recycling Act of 2003

Jeff Hunt and Sue Happersberger provided a handout outlining the Act. They discussed some of the time frames. Effective 1-1-05, retailers began collecting the disposal fees for certain electronic items. Approved collectors and recycling facilities can receive a per pound portion of the fees. Let your operators know about this. (Currently the CIWMB has no money for E-waste education). As far as enforcement of the Universal Waste Standards go, LEA’s generally would not be involved, but the CUPA’s and DTSC would be.

VII.  Public Comment Period


VIII. Miscellaneous

A message from Carolyn Hawkins – She is doing well and says “hi” to everyone.

Next EAC meeting is March 8, 2005.

Meeting adjourned 2:43 p.m.

EAC Archive

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Last updated: March 10, 2005
Enforcement Advisory Council (EAC)
Leta Forland: (916) 341-6395