California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting

Minutes: March 7, 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
Matt Fore: South Central Roundtable
Patti Henshaw: Southern Roundtable
Trey Strickland: Northern Roundtable
Greg Pirie: Bay Area Roundtable
George Nakamura: CCLHO/CCCLEA
Lori Braunesreither: Contra Costa County LEA
Bob Holmes: CIWMB
Rachel Morton: CIWMB
Sharon Anderson: CIWMB
Mark De Bie: CIWMB
Howard Levenson: CIWMB
Bernie Vlach: CIWMB
Susan Markie: CIWMB
Dennis Ferrier: Northern Cities Round Table
John Cupps: Consultant

New representatives were acknowledged: Trey Strickland for Carolyn Hawkins, Northern Roundtable and Lori Braunesreither for George Nakamura, CCLHO/Contra Costa Co. LEA.

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

II. Agenda Review

Meeting will try to cover the agenda in time to allow EAC members to participate in the workshop regarding ‘Temporary Waivers of Terms’ scheduled today from 1:00-3:00 p.m.

Solid Waste Policy Committee Update (Prinz)–Californians Against Waste have asked about the efforts LEA's are taking in dealing with Universal Wastes.

SWIG group voiced concern about the use of the decision tree and lists.

III. Approval of Previous Minutes

Corrections to the January 19, 2006 Draft #1 Minutes:

  • Add: Susan Markie, CIWMB to attendance list
  • Change Page 3, Item G.2. to "Documents reviewed and approved by LEA prior to implementation."

A motion to approve the January 19, 2006 minutes as corrected was moved/seconded (Fore/Markie) and motion unanimous approved.

IV. EAC Resolutions: Status and Updates

A. Regulation Package A:

The consensus from the roundtables is that the decision tree is favored over the use of lists, noting that no one list will ever encompass all of the needs. Patti indicated that the ‘minor’ list could be helpful and thus possibly should be looked at as part of the package. After some discussion, it was moved/seconded (Pirie/Fore) and approved that EAC Resolution 2006-02 will be drafted supporting use of the decision tree and not the lists. The Resolution will include an explanation as to why the lists are not supported and will emphasize and encourage EA discretion regarding local decisions and need for amendments to a Report of Facility Information. Greg Pirie will draft the Resolution and bring it to the next EAC meeting for final approval. It was recommended that the Resolution be submitted for consideration during the formal comment period.

B. Ralph Hunter Award Nominations:

On March 6, 2006, the award nomination documents were e-mailed to involved EAC members, for review to see if any updating is necessary. The CIWMB will be requested to send an ‘All-LEA’ e-mail with the nomination documents citing June 30, 2006 as the deadline for receipt of nominations. The award will be presented at the August Conference. A resolution will be prepared addressing the nomination.

C. E-filing Data to CIWMB and SWIS Database Accessibility–Draft Resolution:

Draft Resolution 2006-01 prepared by Dennis and edited by Bill will encourage the CIWMB to consider moving to electronic record/document keeping, as is already being done by other agencies such as the Regional Boards. Concern was raised that additional background/supporting information needed to be included in the resolution. Bill agreed to add some background information then re-circulate the draft. Bernie advised that the Board is moving in the direction of electronic file management. Howard advised that the CIWMB has discussed the issue and intends on doing a feasibility study. During discussion Patti asked if the Board goes to electronic file management will that mandate the LEA’s do the same? She also noted, shouldn’t we look at what really needs to be kept? In response to these and additional concerns raised by Dave, it was pointed out that the issue of LEA recordkeeping and maintenance is a separate issue. Guidance regarding LEA record retention can, and will, be an item added to next EAC agenda. It was moved/seconded (Fore/Nakamura) and approved to adopt Resolution 2006-01, as amended with the introductory statement, “Based on the volume of documents LEA’s and the CIWMB are required to keep….”

D. Modifying Existing Active Disposal Site Gas Monitoring and Control Regulations:

During the informal rule making some miscommunications occurred. These issues will be clarified during the formal 45-day review period. An EAC resolution can also be used to provide clarification. One of the issues needing clarification is that trace gases are handled by the Air Management Districts not by LEA’s. Another concern is how to handle the requirement for all deep probes to be the maximum depth of waste at existing sites that currently have probes the depth of waste within 1000 ft. If other issues are noted by LEA’s or are raised at roundtables, they may be brought to Patti’s attention. Patti will draft Resolution 2006-03 to support, and outline corrections for, the active gas regulations.

E. CEQA Partnership Paper–Phase II issues:

Some people feel there should be thresholds for CIWMB involvement. Others have raised concern regarding inconsistencies between projects and even inconsistencies on the same project from different staff. Yet others feel the CIWMB should only comment on issues over which it has purview. It was noted that the results of the CEQA Partnership-Phase I will go out in the near future. Once Phase I has been addressed then Phase II issues can be reconsidered.

V. EAC Discussion Items

A. Regulations for Permit Implementation-Status of Workgroup on Significant Change:

Mark advised that the latest draft of Regulation Package A has been posted and noticed via an all–LEA e-mail. In addition, two workshops have been scheduled and are tentatively April 3, 2006 in Sacramento and April 5, 2006 in Diamond Bar. Staff would like to start the formal 60-day rule making process April 1, 2006 with public hearings in June 2006. Patti advised she will be talking to the Southern California Haulers Association regarding the decision tree. She will report how things went at the next EAC meeting.

B. Cal EPA Enforcement Initiative & Environmental Task Force Participation:

Howard advised Cal EPA wants to develop a Model Enforcement Program for all Boards and is considering what it should contain. The program could be adopted or not. Also, working on a detailed policy amendment. There are 14 workgroups working on various issues. Bill Prinz is on the Prosecutors round table. Sharon Anderson is on a workgroup addressing training and how to share training opportunities.

C. LEA/CIWMB Joint Facility Inspections–Round Table Input

Mark indicated that he did not sense a lot of concern by the LEA’s. Some LEA’s were not aware that the Board’s inspection is an evaluation of the LEA and is not sent to the operator. LEA’s may forward the report if desired. Some LEA’s would like to work the issues out in the field before a report is generated, but not in front of the operator. Mark also noted that the State Inspection Reports are public information and are in the computer database. Dave indicated that the North Central Round Table expressed a desire to have a pre-pre-permit inspection so as to minimize last minute findings that might hold up a permit. Mark noted if enough lead-time exists, an LEA could request CIWMB staff conduct an early inspection. However, if time is short, most likely only one pre-permit inspection will be conducted. Often the LEA can do follow-up inspections and can notify the CIWMB staff of corrections.

D. Solid Waste Association of North America (SWANA) Membership Surcharge to Fund Lobbying Efforts:

SWANA, as part of its membership fees, includes a surcharge to fund lobbying. The question has been raised regarding the appropriateness of LEA memberships, generally public money, to go to lobbying efforts. Justin Malan, California Conference of Directors of Environmental Health (CCDEH), is looking into the situation and will encourage SWANA to have a government membership without a connected surcharge.

E. Universal Waste Issues:

The Department of Toxic Substances Control (DTSC) did not extend the exemptions for certain wastes. Subsequently, a joint DTSC-CIWMB letter was been circulated addressing the issue. The Board will address enforcement related issues via FAQ’s or via correspondence by Board divisions. Site-specific questions should be taken up with Permitting and Inspection staff.

F. Other issues from RTs:

No other issues were raised.

VI. CIWMB Topics, Updates and Discussion

A. Legislation / Regulations: (Bob Holmes)

  • AB 1497–See items IV. A. and V. A. above.
  • Active Gas Regulations anticipated to begin 45-day comment period in June.
  • ‘Temporary Waiver of Terms’ workshop, as announced, is this afternoon. Dave Altman appointed to be the EAC point person for these regulations.
  • AB 1688 and AB 1992 will establish good tools for use regarding illegal dumping.
  • SB 1305 prohibits disposal of home generated sharps.
  • AB 2289 will charge the Board to issue permits to someone who recycles milk crates.
  • Dave mentioned a suggestion received from a member of his county Solid Waste Task Force was to pursue legislation to establish cash redemption value for batteries.

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

Workshops considering recommended changes to the proposed rule will be held in the near future, public hearings proposed for July 2006.

C. Enforcement Toolbox Development:

The CIWMB would like someone from every county to respond to the survey.

D. Training and LEA Conference:

Tabled until next meeting.

E. DTSC Draft Lead Report:

Tabled until next meeting.

F. Universal Waste Guidance:

See Item V. E. above.

G. Other:


VII.  Public Comments:


VIII. Meeting was adjourned at 11:53 a.m.

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Last updated: April, 25, 2006
Enforcement Advisory Council (EAC)
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