California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting

Minutes: December  4, 2007

Meeting called to order at 9:47 a.m. by Trey Strickland.

I. Introductions:

Leonard Grossberg, South Western Round Table
Moushumi Hasan, North Central Round Table
Brian Pitts, South Central Round Table
Greg Pirie, Bay Area Round Table
Rebecca LaFreniere, Southern Round Table
Trey Strickland, Northern Round Table
Dennis Ferrier, Northern City LEAs
Bill Prinz, Southern City LEAs
Robert McClellon (for Donna Heron), California Conference of Directorys of Environmental Health (CCDEH)
John Wiggins, CCLHO (Health Officers)
Rachel Morton,CIWMB
Fernando Berton, CIWMB
Suzanne Hambleton, CIWMB
Mark de Bie, CIWMB
Bill Orr, CIWMB
Ted Rauh, CIWMB
Ken Stuart, CIWMB
Georgianne Turner, CIWMB
Barbara Van Gee,CIWMB

Next EAC Meeting: Tuesday, February 21, 2008 in Sacramento

II. Agenda Review:

Addition: Ken Stuart to provide update on illegal dumping issues.

III. Approval of Previous Minutes:

One correction regarding the misspelling of “past” on page 3 of 3.

A motion was made, seconded (Grossberg/Lafreniere) and the minutes for the September 25, 2007 EAC meeting were approved.

IV. EAC Resolutions-Status and Updates:

EAC Resolution 2007-02, Permit Application Form and Instructions (Mark de Bie):

Resolution fell through the cracks. Proposing small work group to address issues-determine if workshops, training or regulatory changes are necessary.

Resolution 2007-05, Closed Sites with Multiple Owners (Bill Orr):

Not a Solid Waste Information System (SWIS) issue. Working group is an option. Prefers not to be proliferating SWIS numbers. Lots of internal discussion among Board staff. Small workgroups. Issues in Fresno and L.A. Counties.

E-filing Data, SWIS Accessibility:

Dennis Ferrier: 14CCR 18020 file maintenance concerns. LEAs meeting this obligation. Distinction between primary and secondary repository of records.

Bill Orr: CalEPA EMS e-filing; Water Board has been the lead.

Various formats were discussed.

Ted Rauh stated that inspection records would be addressed first and permitting documents second.

V. EAC Discussion Items:

Strategic Directives Update:

  1. Georgianne Turner indicated final edits of the plan are in progress.
    1. Concerns were expressed about LEAs lack of participation in development of the Strategic Initiatives.
    2. Robert McClellon made comments about the Plans lack of clarity.
  2. Discussion was had about the CIWMB data monitoring responsibilities:
    1. Patterns of violations, notice and orders and areas of concern
    2. Compliance plans for inventoried sites
    3. Promote early communication to avoid evaluation issues and invoking of CCR Section 18550.
    4. AB 59 enforcement tools and utilization of certified unified program agency (CUPA) model was not identified in the strategic plan.
    5. Strategic plan to look at all regulations–review scientific basis
    6. CalEPA to take a more uniform approach
    7. Goal to achieve a high compliance rate
  3. Trey Strickland and Justin Malan were planning to address strategic directives 4 and 8 on December 11 at the Board meeting.
  4. Appreciation was expressed to Board staff for granting additional time to review the strategic initiatives.
    1. Independent and random audits:
      • Joint inspections when there are no evaluation issues
      • Independent and random-to follow up on evaluation issues
      • Work Collaboratively with LEAs to broaden technical expertise.
      • Address other types of facilities besides disposal sites: include composting, transfer stations, construction, demolition and inert (CDI) processors, etc.
      • Agreement between Board and staff regarding direction
        • Get recurring problem sites into compliance
        • Concerns about the number of violations

VI. CIWMB Topics, Updates and Discussion:

A. Legislation/Regulations

B. Training Update

  • Managing Conflict Productively-3 venues in January
  • Gas Training in Red Bluff
  • Annual CIWMB/LEA Conference in Napa November 4-6, 2008
  • Enforcement Symposium in May-Long Beach-60sScholarships available
  • Training survey for LEAs to be given at Round Table meetings.

C. Mark de Bie discussed AB 1473-Emergency Regulations for temporary permits for recycling, composting and transfer/processing stations:

  • Issue temporary permit to avoid issuance of cease and desist order
  • Draft emergency regulations: address scope and applicability
  • Concurrence/denial by Executive Director. Modeled after standardized permit
  • Use full solid waste facility permit application

D. Fire Debris and Remediation: Ted Rauh

Angora Model and how the various jurisdictions addressed their responses to the Southern California wildfires. Interactions between FEMA, State, local governments and private industry were discussed. Lessons learned: All areas of State should have debris removal contractor on retainer.

E. Compliance Strategy-AB 32-Sustainability and Greenhouse gas emissions reduction was discussed and that there would be a spring workshop on the subject.

F. Closure/Postclosure Issues-Fall Activities

  • Construction estimate issues: Board/LEAs/operators/consultants
  • Contractor report regarding long-term financial assurance-A pooled fund for postclosure maintenance or corrective actions
  • Triage levels needed for greater than 30 years/perpetual care
  • Near-term-closure dialogue

    1) Entire Site
    2) Partial Closure-“fund-as-you-fill approach”-permit condition or modification
    3) Closure/Postclosure regulations-Cost estimates prepared for state closure to cover default by local government and diversion rates.

G. Organics-Fernando Berton and Barbara Van Gee: Organics summit of October 10, break out sessions: Infra-structure expansion and bio-fuels: Alternative daily cover (ADC), economics, permitting, research and education.

  • Organics Road Map: Various meetings planned in 2008
  • ADC-March ‘08
  • Economics-Incentives/Disincentives-Trading diversion credits; landfill surcharge on ADC
  • Siting/Capacity Workshop-April 2008-Local decision making/land use
  • Permitting Restraints-Rulemaking calendar-Air Quality Management Districts (AQMDs)/Air Pollution Control Districts (APCDs)-Use of best management practices (BMPs) re: air emissions
  • Quality standards lack of quality, debris and odors
  • Policy-Research Model-February 2008
  • Education/procurement

Added Agenda Items:

Illegal Dumping: Ken Stuart spoke to the EAC regarding Illegal Dumping.

  1. Special fund for illegal dumping
  2. Conference in Bay Area: CSAC/County Engineers Association
    • Illegal dumping crosses many programs
    • Handling illegal sites requires safety concerns and collecting evidence
    • Video training project
    • Copies of agenda distributed to EAC
    • Develop “big picture” comprehensive program
  3. Public Outreach
    • CIWMB as lead agency for illegal dumping
    • Development grants and support of local agencies
    • Include Illegal dumping in LEA budget and enforcement program plan (EPP)
    • Develop a model ordinance
    • Evidence/ownership of waste: Civil process
    • Redemption value for used tires
    • Drop level of waste tires necessary for clean up grant to 300 from 500; and amnesty days for tire cleanups
    • White goods-Buy back program
    • Seek Round Table feedback
  4. CIWMB-CalTrans littering and roadside cleanup
    • Outreach and technical analysis
    • Tools for local government
    • Success=reduction in illegal dumping

VII. Public Comment Period:

No public comments were received.

Meeting adjourned at approximately 3:30 p.m.

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: March 3, 2008
Enforcement Advisory Council (EAC) http://www.calrecycle.ca.gov/LEA/EACouncil/
Leta Forland: Leta.Forland@calrecycle.ca.gov (916) 341-6395