California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting

Minutes: June 6, 2006

Meeting called to order 9:35 a.m.

I. Introductions

Bill Prinz: Southern Cities Round Table
Leonard Grossberg: South Western Round Table
David Altman: North Central Round Table
Matt Fore: South Central Round Table
Patti Henshaw: Southern Round Table
Trey Strickland: Northern Round Table
Greg Pirie: Bay Area Round Table
Ernie Genter: DHS Contract Counties
Lori Braunesreither (for John Wiggins): Contra Costa/CCLHO
Donna Heran: San Joaquin/CCDEH
Bob Holmes: CIWMB
Mark DeBie: CIWMB
Howard Levenson: CIWMB
Mindy Fox: CIWMB
Susan Markie: CIWMB
Ken Stuart: CIWMB
Paulino Luna: CIWMB
Barbara Heinsch: CIWMB
Doug Ralston: CIWMB
Chris Allen: CIWMB
Brenda Smyth: CIWMB
Ron Lew: CIWMB

Next EAC Meeting: September 13, 2006, commencing at 9:30 a.m. in Sacramento

II. Agenda Review

  • Bill Prinz added Item V.F.1. “EAC Officers” to the agenda.
  • Added Item V.F.2. “George Nakamura Recognition” to the agenda.

III. Approval of Previous Minutes

Corrections:

  • Item II, First Paragraph–Delete “keeping”
  • Item V–Revise to read, “…CCDEH regarding the 18 month and pre-permit inspections.”

A motion was moved, seconded (Fore/Pirie) and approved to accept the minutes from the April 19, 2006 EAC meeting as corrected.

IV. EAC Resolutions: Status and Updates

A. Ralph Hunter Award Nominations–Roundtable Agenda Item

Reminding everyone that the nomination deadline is June 16, 2006, Bill noted, to date, he has received one nomination and anticipates at least two more. Following the deadline, nominations will be circulated to the review committee via e-mail with a deadline for returning comments.

Greg Pirie agreed to have the plaque prepared, noting that at least two weeks lead-time will be necessary. The cost of the plaque is generally reimbursed by the CIWMB.

B. Resolution 2006-01: E-filing data to CIWMB and SWIS Database accessibility–Status

Doug Ralston and Chris Allen, CIWMB, were present to address issues raised in Resolution 2006-01. They asked what the EAC is looking for, what media types does the EAC have in mind and to what technological standards, and where would the EAC like to begin. They suggested that the EAC create a subcommittee, involving people with different backgrounds, abilities and experience, to work with CIWMB staff. Bill noted that one of Dennis’ concerns was that the staff come up with a format that all can use. It was discussed that there are many options available. The subcommittee may want to see what other agencies are using, such as the RWQCB and Geotracker. Patti stated consideration needs to be given regarding what is going to be done with the data collected. (What does the CIWMB want to know and why?) Greg noted he would like to see LEA’s able to submit, in addition to inspection reports, permit applications and all required reports electronically. It was noted that Adobe PDF software is available from several venders that will allow users to download and save PDF files. It was suggested that the EAC review/test software and make recommendations that can be distributed via an all LEA e-mail. Ernie agreed to test some of the software and will advise Bill of his findings.

It was agreed, because of the similarity in concerns, that the Document Retention Workgroup also serve as the subcommittee suggested by Doug and Chris.

C. Resolution 2006-03: Modifying Existing Active Disposal Site Gas Monitoring and Control Regulations–Draft Resolution

Patti indicated that she received no comments regarding the draft resolution, thus will forward it to Bill to sign and distribute.

D. Document Retention-Task Force Formation

Dave distributed a draft resolution for comment. Dave will revise the resolution per the comments and forward it to Bill for distribution. Although Gabe’s name has been suggested to participate on the workgroup, it was noted that Howard must first receive the resolution, which in part, requests Board staff’s participation. It was suggested that the workgroup might be able to meet at the conference. To meet may mean missing a tour or session unless meeting is held during the 2-hour slot for dinner before the reception at the Aquarium. (Also see Item IV. B.)

V. EAC Discussion Items

A. Regulations for Permit Implementation–June 5th Public Hearing

Howard expressed his appreciation for the EAC ‘s attendance at the Permit Implementation Hearing as well as at the Permitting & Enforcement (P&E) Committee Meeting.

Mark noted that, as of this morning, he has received 13 comment letters. There is a clear difference in point of view between LEA’s and Industry. He will seek to find some middle ground. The comments will be posted on the website within the next week. The next steps are to respond to the comments then take back to the Board in August or September.

Mark also advised that Phase II and III will be delayed until resource issues have been resolved.

B. Recent Hearing Panel Appeals to the Board

Mark advised that the Board has experienced a recent cluster of hearing panel appeals, but is unclear why. He also pointed out that using a circuit-hearing officer might result in delays due to a heavy workload. Ken suggested that county counsels specializing in solid waste are able to seek assistance through the counsel’s association. It was noted, to minimize the chance of an appeal, it is important that Notices & Orders be detailed and well prepared. Additional discussion may be in order at a future venue.

C. Illegal Dumping Task Force Issues

Ken reported on the latest Task Force meeting. He advised 6 of 26 issues were chosen as the issues to be addressed first, including: a) local implementation of waste hauler permits, b) vehicle impoundment authority, c) public education, d) predisposal fees for common products resulting in a violation, e) enforcement staff funding, and f) enforcement training. Ken also advised the EAC that a survey inquiring about local costs associated with illegal dumping will be distributed this week to County Administrators and City Managers. LEA’s should be prepared to answer questions the survey might generate. Ken noted that Cal/Trans will be lead for littering and CIWMB will be the lead agency for illegal dumping. Ernie suggested the Farm and Ranch program be included because new landowners often encounter past dumping. Ernie also suggested sending the survey to the Bureau of Land Management (BLM) and the U. S. Forest Service (USFS). Ken advised he would be meeting with these and similar agencies in the near future. Lastly, Ken requested EAC members contact him if they would like a Task Force member to discuss illegal disposal issues at a local illegal dumping meeting.

D. California Environmental Quality Act (CEQA) Partnership Paper Phase 2-Phase II Issues from Round Tables

A tally of round table prioritization of the Phase 2 issues was conducted. The top three issues, highest to lowest, were 6) Re-evaluate the Lead and Responsible Agency (LEA & CIWMB); determine how to comment within authority, 5) LEA as Lead Agency-can we look at all media (air, water, etc)? Who signs off on CEQA when LEA is the Lead? and 3) Foster Communication: Intra & Inter agency at local level. Mark will consider the above priorities and get back to the EAC at the September meeting, thus it should be kept on the agenda. It was noted that an EAC resolution is not necessary regarding the above priorities. Mark commented that the Phase 1 group had tried to address item 6 but was unable to come to resolution, therefore just described the differences. Patti suggested the focus of issue 5 be in the form of guidance. Mark suggested that possibly the Board’s counsel needs to review the Phase 1 paper and evaluate the appropriateness of the actions described. Barbara Heinsch noted that LEA’s, when Lead, may want to have a consultant review the documents.

Next steps:

  1. Present Phase 1 paper to Forum including case studies. Patti to check into the Forum.
  2. Summarize remaining issues in the form of a resolution. Include case studies and current major practices.

E. New LEA Orientation Session

Mindy noted that the intent of the session is to provide a technical orientation for new LEA staff. There is a feeling that recent orientations have been moving away from the original purpose of the training. This year’s training at the conference will be 2 hours and will be more in line with earlier orientation sessions.

F. Other issues from Roundtables/EAC

  1. EAC Officers

    Bill noted that the terms of the EAC Chairs and both Co-Vice Chairs expire this fall and thus at the September meeting new officers need to be elected. Matt Fore was asked if he would consider Chairing the EAC. Matt advised he would but was concerned about his workload. It would be important that he have very supportive Vice Chairs who could assist a lot with meetings and the like. Possible Vice Chair candidates are Jackie Adams, Southern Roundtable, and Sue Markie, CIWMB.

    It was noted, with the change in officers, that the September meeting would be a good time for new EAC members to also begin.

  2. George Nakamura Recognition

    Leonard to prepare a resolution.

VI. CIWMB Topics, Updates and Discussion

A. Training and LEA Conference Update

Mindy reported that John Bell has been ill, thus his field tours have been cancelled until further notice. In the spirit of reaching more operators, CIWMB staff is preparing some tailgate/on-site trainings to be presented in Spanish. The risk assessment classes will be rescheduled in hope of getting more interest/greater attendance. Mindy encouraged all to watch the training calendar as a lot of training events are coming this fall. Regarding the Conference, the program is 99% complete and everything is looking great!

B. Avian Flu Update

The State continues preparations with two focuses, one if pandemic, and one if only in birds. Anticipated by Fish & Game to arrive this fall, the major concern, if not pandemic, is if it gets into the commercial poultry industry. Considering what to tell the public regarding handling an occasional vs. a large bird outbreak. Standard operating procedures will be developed and information for LEA’s, et al will be forthcoming.

C. Legislation/Regulations

Bob noted the following bills continue to be watched:

  • AB 2253-Vehicle seizure bill (Hancock).
  • 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).
  • SB 151-Illegal dumping and vehicle seizure (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 2211-Clean-up legislation for the Farm and Ranch Program (Karnette).
  • AB 2296-Additional legislation relating to financial assurance demonstration applicable to postclosure maintenance activities at solid waste landfills (Montanez).

Regulations being considered:

  • Permit Implementation–A regulations alert e-mail will be sent when comments are available.
  • Gas Monitoring for Active Landfills–Formal notice anticipated next month. Will take comments now and again later.
  • Temporary Waiver of Terms/Stipulated Agreement–Directed to move forward. Anticipate the formal comment period to begin in two months. Dave will prepare an EAC Resolution outlining concerns for submittal to the Board during the formal comment period.

D. PR 410 (South Coast Air Quality Management District Proposed Rule on Odors at Material Recovery Facilities and Transfer Stations)

In May a workgroup, with good representation, met to discuss the proposed rule. A proposal under consideration is the exemption of transfer stations and material recovery facilities (MRFs) from the Rule if an odor impact minimization plan (OIMP) for the facility is submitted to the LEA. Concern exists regarding possible double enforcement, why applies only to large facilities and not all, and the enforceability of something submitted. A date will be set in July for a hearing regarding the proposed rule.

E. Universal Waste/Treated Wood Waste Guidance

Department of Toxic Substances Control (DTSC) continues to work on universal waste collection issues. Regarding treated wood waste, DTSC is working on bill 1353, anticipated by end of the year, which will provide more flexibility for collection.

F. Proposed Central Valley Compost Waste Discharge Requirements (WDR)

CIWMB has met with the Regional Board and, at this time, it appears some of the WDR requirements of concern will be relaxed.

G. Comprehensive Compost Odor Response Project Update

Ron Lew reported that the contract ended in May. They have defined the odor problem, identified site-specific problems, developed mitigation menus, have developed methodology for testing, and have created a planning guide. Before releasing the planning guide, some revisions are necessary. A PDF report is due out in a few weeks, with entire document anticipated in 5-6 months. Web based training will be developed and will include documentation that the training has been completed.

H. Compliance Toolbox Development

The toolbox will consider compliance from two points of view, inspections and enforcement. The survey found that there is a desire for compliance strategies and guidance in report writing. The most common violations are litter and site maintenance at landfills, transfer stations and composting facilities. These will be the early focus of the workgroup. Paulino will chair the inspections group and will develop guidance regarding appraisal, joint inspection and step-by-step inspection procedures. Melissa Parker will chair the enforcement workgroup and will focus on revisions to improve Advisories. A list of suggestions will be prepared. Mark noted that three additional LEA’s have stepped forward for a total of seven workgroup members. Patti wanted to remind LEA’s, with inspection reports now being scanned, it is important to use appropriate regulatory terms and not slang.

J. Other

  • Mark raised an issue regarding the Board and a local CEQA issue to obtain thoughts regarding how the Board might proceed.
  • Rachel is recovering well.
  • Mindy reminded EAC members to note on the claim form, section 11, “Non salaried consultant” and, when mailing in a claim, to direct it to Mindy.

VII.  Public Comments:

None.

VIII. Meeting was adjourned at 2:45 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: September 29, 2006
Enforcement Advisory Council (EAC) http://www.calrecycle.ca.gov/LEA/EACouncil/
Leta Forland: Leta.Forland@calrecycle.ca.gov (916) 341-6395