California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting

Minutes: November 30, 2005

Meeting called to order 9:39 a.m.

I. Introductions

Bill Prinz, Southern Cities Roundtable
Leonard Grossberg, South Western Roundtable
David Altman, North Central Roundtable
Matt Fore, South Central Roundtable
Patti Henshaw, Southern Roundtable
Carolyn Hawkins, Northern Roundtable
Dennis Ferrier, Northern Cities
Greg Pirie, Bay Area Roundtable
Donna Heran, CCDEH Rep.
George Nakamura, CCLHO
Ernie Genter, LPHSS Rep.
Bob Holmes, CIWMB
Rachel Morton, CIWMB
Sharon Anderson, CIWMB
Mark DeBie, CIWMB
Howard Levenson, CIWMB
Dave Otsubo, CIWMB-EA
Paulino Luna, CIWMB
Mindy Fox, CIWMB
Don Dier Jr., CIWMB
Mike Wochnick, CIWMB
Wendy Breckon, CIWMB
Lorraine Van Kekerix, CIWMB
Sherrie Sala-Moore, CIWMB

Next EAC Meeting: Thursday, January 19, 2006 in Sacramento; scheduled for 9:30 a.m.-3:30 p.m.

II. Agenda Review

Going away send-off at 11:00 a.m. for Dmitri Smith who is leaving CIWMB and going to the California Energy Commission.

Additions:

  • David Altman requested discussion on how temporary waivers are applied.
  • Carolyn Hawkins requested discussion on Occupational Safety and Health Administration (OSHA) issues & Certified Appliance Recyclers

III. Approval of Previous Minutes

Corrections to the September 13, 2005 draft #2 minutes-Last page: missing last name for Robert is Greger.

A motion was made and seconded (Grossberg/Fore) to approve the minutes from the September 13, 2005 EAC meeting. Corrected Minutes were approved by a vote.

IV. EAC Resolutions: Status and Updates

  • 2005-01: “Training and Certification of Landfill Managers and Inspectors”: Discussed in item B below
  • 2005-03: “Recommendations for Landfill Gas Monitoring and Control At Active and Closed Disposal Sites (next steps)”: On the December agenda

V. EAC Discussion Items

A. Regulations for Permit Implementation-Permitting & Enforcement (P&E) Committee directive on significant change: (Mark De Bie)

Regulations have been sent to P&E for 60-day notice approval and Staff was directed to work with stakeholders to develop two lists of changes to be included in the regulations when they are noticed.

  1. Those changes that are considered minor (no brainer) and will not require LEA review or approval.
  2. Those changes to a solid waste facility that are always deemed significant and will always require a permit revision.

A workgroup met twice and brainstormed 126 possible items for the minor list, and eventually reduced them to about 8 items (for example; typographical errors, a change to a storage container location, adding new tanks/containers, new contact names, and change in owner/operator.) An additional 15 to 20 items are still undergoing review by the workgroup for consensus.

For the second list, the group had not yet been asked to reach a consensus on which items to include. (Some of the significant triggers: hours of operation, and maximum tonnage.)

Industry objected to the timing of the pre-notice issue and what is considered consistent with permitted conditions. It was agreed to table these matters for later.

Office of Administrative Law (OAL) notice could be 2-3 months from now, so we could possibly see a January or February 2006 package. (The Board has already approved direction.) The formal process will include the lists, and what criterion needs to be met, etc. It was highly recommended by Patti that the EAC representatives (Patti, Greg, Sue, and Rebecca) attend board meetings to keep a close focus on comments being made.

B. Board’s Role in Broader LEA and Facility Operator Training:

This is on the December 5, 2005 P & E Committee Meeting Agenda.

  • Discontinue mandatory certification training requirement.
  • Expand the program to include operators in the training.

Request was made for EAC (M. Fore) to send a letter to the Board reminding them of the previous EAC stand on mandatory training.

C. E-filing data to CIWMB and Solid Waste Information System (SWIS) Database Accessibility: (D. Ferrier)

Dennis brought up a discussion on optical scanning of documents for storing files. This would modernize the SWIS database format and standardize formats. Dennis volunteered to draft a resolution to the Board to consider E-Filing and SWIS database filing. The motion was seconded (Nakamura) and passed by consensus to draft the aforementioned resolution to the Board.

D. CalEPA Enforcement Initiative, Prosecutorial Referral: (Wendy Breckon) 3 handouts

Discussion on how CalEPA is requesting a referral process for criminal prosecution cases. CalEPA and the LEA’s need to continue discussions and exchange of information in order to help streamline the effectiveness of enforcement techniques.

Participation in your local task force is very helpful in opening channels of communication and getting the local district attorney interested in local cases. (Check with your own council first!)

E. Universal Waste Guidance: (Bob Holmes) handout in draft form.

Regulations sunset on February 8, 2006!

Please submit any comments you have to Bob Holmes no later than December 8, 2005.

The Department of Toxic Substances Control (DTSC) conducted two workshops in October (they do not want to extend the timeline) and have expressed anticipation that infrastructure will develop around the need. Covered electronic devices (CED’s) is not defined in state statue, and is causing concerns at household hazardous waste collections centers.

Impact to LEA’s: Increase in number of load checks, increase in illegal dumping occurrences, and providing proper storage of items found until they are removed and disposed of.

F. DTSC - Draft Lead Report: (Bob Holmes)

DTSC is proposing to lower the total threshold limit concentrations (TTLC) for lead (Pb) from 1,000 parts per million (ppm) to 250 or 500 ppm. Nancy Ostrom of DTSC is stating that the reasoning is to protect children from lead exposure.

The consensus from our group was that the exposure of lead at the existing levels did not impact children at industrial or solid waste facilities since they generally do not live or work in these locations. Furthermore, by lowering the levels to 250 or 500 ppm, the economic impacts would be substantial to each entity by having to dispose of additional tons of what would now be considered hazardous wastes, and with no direct benefit to children. It would be better if the efforts and money spent went directly to Pb remediation efforts and receptors around the home.

G. LEA/CIWMB Joint Facility Inspections: (B Prinz)

In some cases there is a discrepancy between the LEA reports and CIWMB inspections. (One report shows no violations, and the other identifies numerous violations of state minimum standards.) How significant is the problem, and how will the Board Staff address it? The regular 18-month inspection by Board Staff is intended to be a standardization and calibration of the LEA’s and not of the facility! Everyone needs to be clear on that. Mark de Bie noted that if there are any problems in this area, that the LEA should bring them to the attention of the Board Staff’s supervisor and if they do not get a satisfactory result, they should bring the issue to him.

H. LEA Authority at Rail Haul Transfer Stations: (L. Grossberg)

Recent litigation in New Jersey against the Surface Transportation Board (STB), part of the U.S. Department of Transportation, centers on rail companies that establish waste handling operations without obtaining approval or permits. They argue that rail companies do not fall under state and local regulations, a concept known as “federal pre-emption” because their operations already are governed by the STB. Federal pre-emption was not intended to apply to non-essential operations such as waste management facilities. The recommendation was for local and state regulators to be on the lookout for possible expansion into other states. The pending litigation in New Jersey will be followed closely by several members, and will be tracked by the CIWMB.

I. Closure/Post Closure Development: (M. Wochnick/D. Dier)

The LEA reviews and approves projects within 1,000 feet of the footprint (only on-site). Just remember, if it’s a discretionary permit, then it needs the California Environmental Quality Act (CEQA)!

Waste Board staff is looking into the possibility of extending authority to beyond the disposal site property, but nothing is imminent.

There will be 2, two-day symposiums on post-closure land uses. One will be in mid February in Ontario, the other in late February in Stockton.

J. Other Issues From Roundtables:

OSHA Inspections/Certified Appliance Recyclers: (Carolyn Hawkins)

  • Recent inspection by OSHA at a transfer station wrote violations on use of guardrails at the tipping floor. Remember, OSHA is concerned with employee safety, and not necessarily public safety.
  • DTSC is only concerned about who does what regarding Certified Appliance Recyclers. For further information, contact Loretta Ransom at DTSC.

How Temporary Waivers Are Applied: (David Altman)

Would like more guidance on how stipulated orders are used. It appears that the LEA’s are looking for more flexibility in using waivers, while the CIWMB wants less flexibility.

There was discussion on how the Board voiced their side of the issue, yet the LEA wasn’t available to respond. (In an e-mail submitted by Tammy Derby of Sacramento County LEA after the 11-30-05 EAC meeting and in explanation as to what the exact problem was, she indicated she had requested and received more clear guidance on the appropriate use of temporary waivers. The Board is planning additional guidance and/or regulatory changes for the future to further improve the use of stipulated orders. This incident left Sacramento County feeling as if they had been chastised for circumventing the rules to allow operators to benefit unfairly, and this was not the case. The Board was able to publicly voice their opinion, while Sacramento County was not given the chance to respond. In the future, with pending improvements, these problems should be adequately addressed.)

VI. CIWMB Topics, Updates and Discussion

A. Legislation/Regulations: (Bob Holmes) handout

3 items completed in 2005 (Remaining Capacity and Permit Application Requirements/Research, Development, and Demonstration/Long-Term Violations 11/17)

4 items continued from 2005 (AB 1497/Permit Process/State Minimum Standards Revisions/Compostable Materials, Phase II)

6 items new for 2006 (Active Disposal Site Gas Monitoring and Control on December agenda /Financial Assurances at Solid Waste Facilities BKK landfill issues, non-water related or changes to cost estimates /Hearing Panel Appointments and Appeals new regulations on how appointments are made /Temporary Waiver of Terms – Stipulated Agreements efforts to tighten them up /Continuous Operations 24hr. operation landfill-US EPA not happy with lack of compliance on daily cover /Solid Waste Clean Up and Farm Ranch clean up regulations.)

B. Disposal Reporting System (DRS) Regulations and Operator Training Modules: (Lorraine Van Kekerix, & Sherry Sala-Moore)

Project to assign accurate waste disposal to the proper generators. Training will be provided with a general overview module on the web, and will be accepting comments through mid December. Some of the issues:

  1. Scales and weighing requirements
  2. Training requirements
  3. Reporting capacity records
  4. Frequency of tracking (daily vs. weekly)

C. PR 410 - South Coast Air Quality Management District (AQMD) proposed rule on odors at Material Recovery Facilities and Transfer Stations:
(Bob Holmes)

Communication between the AQMD and CIWMB continues, and they appear to be more receptive to some of the options submitted by the Waste Board than before. There also seems to be some frustration by the AQMD on being unable to adequately address some of the complaints, and therefore have postponed further actions through December.

D. Enforcement Toolbox Development: (Paulino Luna)

There appears to be a gap between reality and real enforcement. In order to bridge that gap, the toolbox will try to improve all things related to enforcement. The toolbox will specifically target what to look for and how to conduct a thorough inspection. Example: currently 14 of the 19 landfills under review are on the inventory list for state minimum standard violations.

Board staff is requesting input from the EAC to review survey (draft) to facilitate the collection of issues, problems, and concerns. Carolyn Hawkins, Dennis Ferrier, and Matt Fore have agreed to assist in the requested review and will wait for contact from Paulino.

E. Training and LEA Conference: (Mindy Fox)

  • Reviews just starting to come in on recent training on State Minimum Standards and GPS
  • Fire Coordination Meeting, gathering recommendations on what to do next, and link the groups together.
  • Landfill gas monitoring at developed sites, ending in March.
  • Up coming Post Closure Land Use, in February or March, recommended to leave some space between multiple 2+-day trainings, in order to allow more participation.
  • Conference agenda has been drafted and will probably feature 3 tracks, trade show and field trips (Marina Landfill/Waste Water Treatment Plant).

VII.  Public Comments:

None.

VIII. Meeting was adjourned at 3:12 p.m.

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: January 31, 2006
Enforcement Advisory Council (EAC) http://www.calrecycle.ca.gov/LEA/EACouncil/
Leta Forland: Leta.Forland@calrecycle.ca.gov (916) 341-6395