California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting

Minutes: April 19, 2006

Meeting called to order 9:35 a.m.

I. Introductions

Bill Prinz, Southern Cities Roundtable
Leonard Grossberg, South Western Roundtable
David Altman, North Central Roundtable
Patti Henshaw, Southern Roundtable
Trey Strickland, Northern Roundtable
Greg Pirie, Bay Area Roundtable
Dennis Ferrier, Northern Cities Roundtable
Lori Braunesreither, Contra Costa/CCLHO
John Wiggins, Contra Costa/CCLHO
Donna Heran, San Joaquin/CCDEH
Bob Holmes, CIWMB
Sharon Anderson, CIWMB
Mark DeBie, CIWMB
Howard Levenson, CIWMB
Mindy Fox, CIWMB
Susan Markie, CIWMB
Karisa Oquendo, CIWMB
John Cupps, Consultant

Next EAC Meeting: June or July 2006 dates pending, in Sacramento; scheduled for 9:30 a.m.-3:30 p.m.

II. Agenda Review

Dave Altman would like to add “Guidelines for LEA’s Document Retention” to item V. D.

News: Rachel Morton is recovering well after a traffic accident where air bag deployment injured both her arms. She will not attend today. We wish her a speedy recovery and quick return.

III. Approval of Previous Minutes

A motion was made and seconded (Grossberg/Pirie) to approve the amended minutes from the March 7, 2006 EAC meeting. Minutes were approved by a unanimous vote.

IV. EAC Resolutions: Status and Updates

A. Regulation Package A-Draft Resolution #2006-02 (Bill Prinz):

The resolution was signed yesterday (4-18-06) and will be copied and distributed to CIWMB today. Also copies will be sent to Howard Levenson, Ben Gale, and all of the EAC members. The resolution included support of the decision tree model and stressed the lack of support for the lists as previously documented in comments from the roundtables.

B. Ralph Hunter Award nominations (Bill Prinz):

Nomination deadline is June 16, 2006. It was requested that roundtable chairs please distribute the application forms at the next roundtable meetings.

C. E-Filing Data to CIWMB and Solid Waste Information System (SWIS) Database Accessibility-Resolution #2006-01:

The resolution has been submitted.

D. Modifying Existing Active Disposal Site Gas Monitoring and Control Regulations-Resolution #2006-03:

Patti will finalize the draft resolution and send it by e-mail for comments and corrections. This will allow LEA comments to be included in the body of the resolution.

E. California Environmental Quality Act (CEQA) Partnership Paper–Phase II Issues (Mark DeBie):

The working group has completed Phase I, and has distributed a copy electronically. For Phase II, if there is a need to move forward on CEQA, then the EAC will direct the workgroup.

Bill suggested a minor word change to document, on concurrence of permit versus project.

Group discussion was started on ideas for Phase II to fine tune some of the items that are still creating problems, concerns, and/or discussion. Some of the ideas were listed so they could be discussed at the next roundtable meetings:

  1. Reformatting the CIWMB letter to be more specific to the issues and clarify intentions. (It is sometimes hard to figure out what the actual comment is.)
  2. The comments should be less “boiler-plate” and more specific.
  3. Foster better agency communication (inter and intra) at the local level (a checklist for planners, and focus on planners getting early information too.)
  4. Establish thresholds of significance for solid waste projects.
  5. The LEA as lead agency–Can we look at all media? Who signs off on CEQA?
  6. Re-evaluate the lead & responsible agency (LEA & CIWMB) roles. How to comment within your authority.

Next steps: Forward these issues to the roundtables for discussion. Add and edit as necessary. Prioritize the list if needed. Return the lists to the EAC for further direction.

V. EAC Discussion Items

A. Regulations for Permit Implementation (Mark DeBie):

Awaiting comments from the 60-day comment period, which is underway. Workshops are scheduled to showcase the regulations. By having open comments to review, it would allow comments on the comments themselves, which makes for a good test opportunity.

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

This item was addressed at the last EAC meeting and Ernie Genter sent a letter to CCDEH requesting that the CIWMB staff clarify in writing the CIWMB policies regarding the 18 month and pre-permit inspections.

C. Universal Wastes Issues (Bob Holmes):

Everything is running smoothly at this time. It may be that we are in the honeymoon phase, and we will know more in six months as the public and industry is trying to find out what they can or cannot do with universal wastes (Grossberg). There appears to be a lack of incentive for recycling coordinators (Ferrier).

D. Electronic Inspection Report Format (Bernie Vlach):

Update memo sent to EAC by Bernie, indicating that only “minor changes were still being made to some of the forms. These changes were the result of feedback from the LEA’s and Board staff.”

E. CalEPA Enforcement Initiative (Bob Holmes):

Not a lot to report, the project is on a holding pattern with what staff is working on.

F. Other Issues-Document Retention (Dave Altman):

Dave requested that the Waste Board look at the types of documents received and make a recommendation on which documents must be retained by the LEA, and which not. There is special concern with Water Board and Air Quality Management District documents in that they are very large.

The discussion led to the EAC requesting that a task force be enabled to look at which documents seem reasonable to be kept and for what length of time. Patti, Dave, Dennis, Gabe and other Board staff will head the group.

There was a motion and second (Pirie/Grossberg) for an EAC resolution for a task force to look into the document retention issue and explore the following:

  1. Record retention
  2. Length of storage times
  3. Which records need to be stored
  4. Type of facilities

The motion passed by majority with one vote in dissent.

VI. CIWMB Topics, Updates and Discussion

A. Legislation/Regulations (Bob Holmes):

There are three active rulemakings in the works:

  1. “Package A” is on the agenda. The 60 day comment period has started and will end on June 5, 2006.
  2. “Active Disposal Site Gas”-They are working on the economic impact analysis and it may be May of June before it goes out.
  3. “Temporary Waiver of Terms/Stipulated Agreement”-Informal comments were requested by 4-17-06 and it is hoped that it will go before the Permitting and Enforcement Committee in June for formal comments. (Patti requested that the labor strike language be removed.)

Legislation in the works:

AB 1688: Authorizes local governments to appoint an illegal dumping officer and would grant officers limited law enforcement authorities (Niello).

AB 1992: More consistent terminology between the Health & Safety Code and the Public Resources Code. The bill clarifies that placing, depositing, dumping, or overflow of solid waste on private property without the owners consent is a misdemeanor (Cancialla).

AB 2253: Vehicle seizure bill (Hancock).

SB 151: Vehicle seizure bill (Soto).

SB 1305: Home generated sharps after 1-1-08 would no longer be allowed in the trash. Sharps shall only be disposed of at an approved facility and only in approved sharps containers (Figueroa).

AB 2289: The recycling of milk crates bill has been amended, and will now look like the bakery tray law that makes it illegal to deface/destroy a crate. Purchasers will have to show a receipt for units shredded, recycled, or destroyed (Ruskin).

SB 1515: Environmental benefits of extending the hours of operation to solid waste facilities (Kehoe).

AB 2296: Additional legislation relating to financial assurance demonstration applicable to post-closure maintenance activities at solid waste landfills (Montanez).

SB 926 & SB 1835: Establishes the citing of landfills and recycling facilities through initiative. The county will need to conduct an environmental impact review before the initiative and let the LEA know (Florez/Florez).

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

This issue is on the back burner right now, and possible workgroup meeting before July 2006.

C. SWANA Membership Surcharge:

No discussion on this matter.

D. State/Local Illegal Dumping Enforcement Task Force (Ken Stuart):

Ken unable to attend EAC, yet sent a handout which requests comments on illegal dumping issues. He plans to attend the roundtables and present the current issues, the extent of illegal dumping and recommendations on how to address it. Meanwhile, he is working on a State web-page to address illegal dumping.

EAC discussion was unclear as to what the problem was, and who was involved in the discussion groups.

E. Avian Flu Preparations (Bob Holmes):

The Department of Fish & Game is stating that the “Avian Flu” will arrive by this fall! The two issues are:

  1. Just birds (bird to bird transmission)
  2. Public (human to human transmission)

This is similar to the practices of when “Newcastle” and “West Nile Virus” struck California, yet it may be different if it becomes infectious to humans.

F. Compost Waste Discharge Requirements Proposed by the Central Valley Regional Water Quality Control Board (RWQCB):

A meeting is scheduled for 4-20-06 at the Central Valley RWQCB. New restrictions could be detrimental to 40+ sites, specifically with compaction, & pad construction.

G. Compliance Toolbox Development (Mark DeBie/Grossberg):

Recently conducted the initial conference call and discussion with the workgroup. Work has begun on formatting the toolbox into two sections “Enforcement” & “Inspections”. An attempt is being made to structure the toolbox by issue and not by the facility type. Additional assistance is needed as only four LEA’s participated in conference call. Board staff will put together flow charts with topic areas to stimulate interest at the roundtables, and request for additional volunteers (preferably by Northern California LEA’s).

H. Training and LEA Conference (Mindy Fox):

LEA/CIWMB Conference: Registration packets should go out any day now! Scholarship announcement will follow shortly thereafter. Either/or enforcement grants (2006/2007) may be used for funding the participation in the conference (just let staff know). Final speakers and agenda items are being chosen.

Master Training Schedule:

  • Inspector Field Training Tours-(two dates in Northern Calif./two dates in Southern Calif.)
  • Elements of Risk Assessment–June 1 in Sacramento, June 15 & 29 sites to be determined.

I. Other:

None

VII.  Public Comments:

None.

VIII. Meeting was adjourned at 2:21 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: December 8, 2006
Enforcement Advisory Council (EAC) http://www.calrecycle.ca.gov/LEA/EACouncil/
Leta Forland: Leta.Forland@calrecycle.ca.gov (916) 341-6395