California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting

Minutes: September 13, 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
Donna Heran, CA Conference of Dir. of Env. Health (CCDEH) Rep.
George Nakamura,California Conference of Local Health Officers (CCLHO)
Ernie Genter, Local Public Health Services Section (LPHSS) Rep.
Dennis Ferrier, Northern Cities Roundtable
Greg Pirie, Bay Area Roundtable
Patti Henshaw, Southern Roundtable
Carolyn Hawkins, Northern Roundtable
Sue Markie,CIWMB
Sharon Anderson,CIWMB
Rachel Morton,CIWMB
Howard Levenson,CIWMB
Bob Holmes,CIWMB
Mindy Fox,CIWMB-EA
Bobbie Garcia,CIWMB
Becky Williams,CIWMB
Jon Whitehill,CIWMB
John Bell,CIWMB
Mike Wochnick,CIWMB
Carl Palmer DTSC, Dept. of Toxic Substances Control (DTSC)

Next EAC Meeting: November 30, 2005 in Sacramento.

II. Agenda Review

Late Additions:

Hurricane Katrina Response
Site Tour by Board Member Marin and LEA’s Impressions

III. Approval of Previous Minutes

Corrections to the July 14, 2005 Draft #2 minutes:

  • Page 4, A. Regulations/Legislation, Regulations Item 1; replace “package” with “final rulemaking file”.
  • Page 4, A. Regulations/Legislation, Regulations Item 2; add …File “for the Long Term Gas Regulations” possible….

A motion was moved, seconded and the minutes for the July 14, 2005 EAC meeting were approved as corrected.

IV. EAC Resolutions: Status and Updates

  • 2005-01: “Training and Certification of Landfill Managers and Inspectors” (next steps): See Item V. C.
  • 2005-03: “Recommendations for Landfill Gas Monitoring and Control At Active and Closed Disposal Sites (next steps)”: See Item V.  B.

V. EAC Discussion Items

A. Proposed Regulations for Permit Implementation-Comments on Draft Regulation Package A:

Bobbie Garcia reported that a workshop regarding the package was held 8-22-05 and the comments period ended 9-9-05. A few comments were received from operators and local enforcement agencies (LEA’s) including a desire to see “significant” kept in the regulations; where changes are minor provide flexibility instead of the 180 day required time for submittal; relate “significant” to the California Environmental Quality Act (CEQA); that the noticing requirement for Report of Facility Information (RFI) amendments is unnecessary.

Enforcement Advisory Council (EAC) discussion questioned the need for LEA hearings for new permits as other hearing options are currently in place. Feelings were mixed. Additionally, one comment was a desire to see more time in which to hold the hearing. The question was again raised as to what do you do with the information collected at the hearing. Since the hearing is informational, it gives the audience a false sense that their comments will be acted on. It was pointed out that the pros and cons of the comments could be considered and even incorporated into the permit conditions. However, it is better to make it very clear up front that the hearing is only an informational meeting (e.g.: Advertise it as an ‘informational meeting’ not as a ‘hearing’). One of the upcoming training events will address conducting/facilitating hearings/meetings.

The next steps in the process are to re-review and to develop an approach for addressing the comments, for the team to reconvene to discuss the comments, to change the draft regulations with the comments in mind, and to take back to the P&E Committee in October and to the Board at the November meeting.

Bill thanked Bobby and Becky for their work on the package.

B. Workgroup for Changes to Existing Landfill Gas Regulations (Board staff response to LEA resolution):

John Bell and Mike Wochnick discussed the proposed changes to the regulations regarding landfill gas at active facilities. The goal is to not add regulations but to just apply the closed site standards to active sites. Are also cleaning up/clarifying some of the language. Patty noted she was glad to see the changes. She also inquired if counsel had been involved in the preparation of the regulations and was told yes. She further stated that it was felt that the requirements should note that the design engineer for a gas system have experience with landfill gas. Mike indicated so doing would be a problem as it gets into professional licensing qualifications. John noted still in the informal commenting stage thus additional comments are welcome. Watch the website for notice of an informal workshop regarding the active site landfill gas regulations.

C. Permitting and Enforcement (P&E) Committee Workshop on Board’s Role in Broader LEA and Facility Operator Training:

Bill Prinz and Howard Levenson thanked those who were able to participate in the workshop. Howard reported that the consensus is that the California Integrated Waste Management Board (CIWMB) should be the provider of and offer more training including all types of facilities. There was no consensus regarding mandated training or certification. Funding for training continues to be a concern. At the workshop it was noted that the seed money for training, a portion of EA Grant funds, has not been increased over the last 10-15 years. Was suggested that the Board may want to reexamine how grants are calculated. At this point will wait and see what position the Board takes regarding the training regulations. Funding to expand the program will be an issue. Bill noted, will want continued participation when the issue again comes before the P&E Committee.

D. Board Response to Department of Health Services’ Letter on Possible Health Effects Regarding Biosolids Composting Facilities:

Howard Levenson noted that the Board sent a letter to Department of Health Services (DHS) regarding the DHS biosolids letter. No additional action is planned at this time. There are still some disagreements between DHS and the Board. The CIWMB has advised that when a biosolids project comes to their attention they in turn will notify DHS.

E. tMAC–Changes to the Full Permit Boilerplate Template and LEA Advisory 57:

Jon Whitehill announced that the Toolbox Committee plans on reviewing the existing permit form and Advisory 57. The toolbox will then be updated as needed to make it consistent with the permit application form. Comments are welcome. Suggestions from the EAC included clarify what is meant by ‘Design Capacity’; clarify what are the ‘Terms’ in the Terms and Conditions of a permit; have instructions regarding 17.d. reference condition for holding in abeyance; remove the permitted vehicles item (Jon noted already considering marking this as optional). Copies of the proposed permit and instruction changes will be circulated. Jon will keep the EAC informed as things progress.

F. Issues from Roundtables (RTs) (and items for the next series of RTs):

Rachel Morton requested that topics for the upcoming Roundtables be submitted as soon as possible. One topic suggested was “ The need to develop a process for closure of closed, illegal and abandoned (CIA) sites.”

VI. CIWMB Topics, Updates and Discussion

A. “Legislation/Regulations”: Bob Holmes reporting

Legislation: Not much going on at this time.

  • (AB 1065) Grease Haulers: Registration of haulers with Food & Agriculture Dept. Board continues to track the progress of this bill.
  • (AB 1133) Prohibition of Land Application of Grease: This bill appears to be inactive.

Regulations:

  • Research Development and Demolition (RDD): Bioreactor regulations are now at Office of Administrative Law (OAL) and are anticipated to become effective October 1st.
  • Long Term Gas Regulations: Being finalized.
  • Permit Implementation Package (Package A- 1497): To be updated in October with request for formal review in November 2005.
  • Active Site Gas Regulations: Workshop to be held in the next week or two.
  • Inspector/Operator Certification Regulations: Off the table for the time being.

B. PR 410 (South Coast AQMD proposed rule on odors at MRFs and transfer stations):

The CIWMB still has not seen the requested draft text for the rule. Without further information the CIWMB does not see the need for the rule.

C. “CalEPA Working Groups”:

Sharon Anderson advised that the workgroup is still determining its plan. The goal is to develop a model to standardize and improve enforcement. There is a need to capture operators that don’t fit under the regulations and illegal operators. Leonard Grossberg raised concern that some agencies in CalEPA may measure success in terms of fines, while the CIWMB allows for an educational approach. Fines are okay, but want to maintain the ability to educate. Bill Prinz to represent the EAC at a different CalEPA working group meeting regarding prosecution on October 4, 2005. There are many working groups in existence that are developing plans to achieve CalEPA’s Enforcement Initiative. Visit the web page for information on the teams working on the Initiative the link is.

D. “Universal Waste”:

Carl Palmer, DTSC, noted that DTSC and the CIWMB have been working together since 2001 to develop the infrastructure to handle universal wastes. The thing missing is funding. At this time, current exemptions will sunset in February 2006, expanding the list of items included as universal waste. Consideration is being given to extending the sunset date. Stakeholder workshops will be held in October (watch the website) to discuss the options and potential impacts. Patty noted that the information is interesting to LEA’s, but may be more appropriate for operators and certified unified program agencies (CUPA’s). Dennis suggested workshops might consider ways to make E-waste disposal/drop-off easier in the future. It was also suggested, to minimize potential illegal dumping, that funding be provided to operators to assist initially with the increase costs for handling the extra materials. The costs could then be gradually passed on to customers.

E. “Fire Coordination Workshops”:

Workshops to share expectations, discuss prevention and referrals are scheduled as follows:

  • Fresno Nov 2, 2005
  • Marysville Nov 9, 2005
  • Irvine Nov. 29, 2005

F. Training and LEA Conference:

Mindy reported watch the website as a lot of training is on its way including but not limited to:

  • State Minimum Standards Training
  • Tire Surveillance & Investigation
  • Pile Fire Coordination Workshops
  • GIS Training
  • Postclosure Land Use Planning
  • Gas Monitoring Systems at Closed Sites
  • Environmental Field Sampling at CIA Sites

The Annual Partnership Conference, scheduled for August 1-3, 2006 in Monterey, currently has 64 possible topics. These will be narrowed down as plans progress.

G. Other:

  • Hurricane Katrina Response:
    Howard Levenson noted that the CIWMB has received inquiries as to how they might help in the wake of Katrina. Will have to see how things unfold. Considering how can share California’s emergency experience regarding staging clean up - planning and recovery.
  • Site Tour by Board Member Marin and LEA’s Impressions:
    Board Chair Marin has toured a number of solid waste facilities statewide. Ernie Genter accompanied her during her visits to Sierra and Modoc Counties. He felt the tours went well and that Ms. Marin recognizes that one size does not fit all…there are differences between urban and rural counties. Ernie also felt there was an awareness that rural counties could not accomplish what they do without the assistance of the various grants.
  • Matt noted that radiological monitoring continues to be an issue in his county. He has met a gentleman, Robert Greger, who would be willing to speak on the issue at roundtables, to the EAC, or at the Conference.

VII.  Public Comments:

No public comments were received.

VIII. Meeting was adjourned at 2:26 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: February 8, 2006
Enforcement Advisory Council (EAC) http://www.calrecycle.ca.gov/LEA/EACouncil/
Leta Forland: Leta.Forland@calrecycle.ca.gov (916) 341-6395