California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting: September 13, 2006

Response to Resolution 2006-05

September 29, 2006

Mr. Matthew R. Fore, MPA, REHS
Chair, Enforcement Advisory Council
Solid Waste Local Enforcement Agency (LEA)
San Benito County Division of Environmental Health
1111 San Felipe Road, Suite 101
Hollister, CA 95023

Subject: Response to Enforcement Advisory Council Resolution 2006-05 Providing Comments on Permit Implementation Regulations During 15-Day Review Period

Dear Mr. Fore:

This letter is in response to Enforcement Advisory Council (EAC) Resolution 2006-05, dated September 25, 2006, and passed at the September 13, 2006 EAC meeting.

Resolution 2006-05 submits comments from the EAC to the California Integrated Waste Management Board (CIWMB) as part of the formal rulemaking on the proposed Permit Implementation Regulations. Specifically, the EAC mentions strong support for the Significant Change Decision Tree model for determining the significance of a change and strongly opposes the inclusion of a Significant Change List. The EAC also acknowledged support for CIWMB staff’s recommendations pertaining to the relationship of the Solid Waste Facilities Permit to local land use entitlements, finding that staff’s approach reinforces the bridge between the Solid Waste Facilities Permit and local planning practices while reducing conflicts between the two processes.

Additionally, Resolution 2006-05 refers back to EAC Resolution 2006-02 for its position on the Minor Change List, which was a position of no support. The EAC indicated that the primary reason for this position was that no list can be “all-inclusive” and address the limitless variety of circumstances that could constitute changes at solid waste facilities and require LEA discretion.

As you know, the CIWMB staff cannot necessarily endorse one set of comments over another during the formal rulemaking period; however, please know that your comments will be considered during staff analysis of comments received during this timeframe.

It is anticipated that these regulations will go to the Permitting and Enforcement Committee on October 10 for either adoption or another 15 day comment period.

Should you have any questions, please contact me or Mark de Bie.


Original signed by

Howard Levenson, Ph.D.
Deputy Director
Permitting and Enforcement Division

Attachment: EAC Resolution 2006-05

cc: Enforcement Advisory Council Members
      Ben Gale, Chair, CCDEH Solid Waste Policy Committee
      Margo Reid Brown, Chair, CIWMB
      Jeffrey Danzinger, Member, CIWMB
      Rosalie Mulé, Member, CIWMB
      Cheryl Peace, Member, CIWMB
      Gary Petersen, Member, CIWMB
      Pat Wiggins, Member, CIWMB
      Julie Nauman, Chief Deputy Director, CIWMB

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Last updated: October 10, 2006
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