California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting: January 25, 2007

Resolution 2007-02

October 15, 2007

Ted Rauh, Program Director
Waste Compliance and Mitigation Program
California Integrated Waste Management Board
1001 I Street
Sacramento, CA 95812-4025

Subject: EAC Resolution 2007-02-Permit Application Form and Instructions (E-1-77)

Dear Mr. Rauh:

The Enforcement Advisory Council (EAC) met on January 25, 2007, and passed Resolution 2007-02, requesting the CIWMB to clarify issues regarding the revised Permit Application Form (E-1-77) and Instructions for Completing the Application for Solid Waste Facility Permit/Waste Discharge Requirements.

The CIWMB has acknowledged past inconsistency and confusion regarding which materials passing through a facility’s gate count towards the permitted maximum daily tonnage, and which do not. The rescission of LEA Advisory #25, with no supplemental guidance, has contributed to this problem.

The CIWMB attempted to clarify these issues by revising the E-1-77 permit application form, but LEA Round Table discussions indicated that these issues remain unclear. Specific cases were communicated to EAC members, including 5-year permit review and revised permit applications, in which the new application form required the allocation of materials into the Peak Daily Tonnage category that were not included in the existing, permitted maximum daily tonnage. In both cases, on paper it appeared as if tonnage volumes had increased, when they had not.

Specific issues to clarify in the Permit Application Form that affects owner/operators and LEA’s include, but are not limited to:

  • The Peak Daily Tonnage requested on the application form now includes “Other” material defined as material that is recycled or used for beneficial reuse such as ADC and other on-site projects. The inclusion of this recycled material will increase the daily tons permitted for a facility with any permit application.
  • This policy change would necessitate the need for a permit revision due to an increase in peak daily tonnage on the permit application form, even if the incoming waste stream tonnage received through the gate has not increased. This could cause a permitting predicament for the LEA and operator, and could even trigger new CEQA analysis.
  • Discrepancy between LEA Advisories that have been revised or rescinded and their relationship to Disposal Site Records/Beneficial Reuse in Title 27.

Requested Actions to clarify the issues regarding the Permit Application Form:

  • Assist the LEA in determining consistent permitted maximum capacities and the rationale for adding the beneficial reuse tonnage to the Peak Daily Tonnage.
  • Conduct a workshop to fully discuss the history, intent, and final permit application and identify a format to clarify the confusion.
  • Revise the Permit Application Form (regulatory change) to address the quandary concerning the application form showing that the Peak Daily Tonnage may have increased when there has been no waste flow change at the facility.

Thank you for your consideration in this matter. Attached are Discussion Item notes regarding this topic from the January 25, 2007 EAC meeting. Should you have any questions, please feel free to contact me at (707) 463-5670 or by email at:


Original signed by

Trey Strickland, Chair,
Enforcement Advisory Council

Attachment: Permit Application Form – Discussion Item, January 25th, 2007 Enforcement Advisory Council Meeting Agenda Item.

cc: Ray Ruminski, Chair, CCDEH Solid Waste Policy Committee
EAC Members

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Last updated: December 3, 2007
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