California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting

Minutes: April 9, 2008

Meeting called to order 9:45 a.m. by Trey Strickland.

I. Introductions:

Bill Prinz, Southern Cities Round Table
Leonard Grossberg, South Western Round Table
Rebecca LaFreniere, Southern Round Table
Trey Strickland, Northern Round Table
Greg Pirie, Bay Area Round Table
Dennis Ferrier, Northern Cities Round Table
Robert McClellon, San Joaquin/California Conference of Directors of Environmental Health (CCDEH)
Moushumi Hasan, North Central Round Table
Bob Holmes, CIWMB
Bonnie Cornwall, CIWMB
Susan Markie, CIWMB
Rachel Morton, CIWMB
Skip Amerine, CIWMB
Georgianne Turner, CIWMB
Mary Madison-Johnson CIWMB
Bill Orr, CIWMB
Kevin Taylor, CIWMB
Ted Rauh, CIWMB
Lorraine Van Kekerix, CIWMB

Next EAC Meeting: Wednesday, June 18, 2008 in Sacramento; scheduled for 9:30 a.m.-3: 30 p.m.

Meeting was chaired by Southern Cities Round Table Vice-Chair Bill Prinz.
Minutes by Leonard Grossberg.
(The agenda items presented below were not necessarily discussed in that order.)

II. Agenda Review:

Items to be discussed on agenda will be facilitated by availability of presenter throughout the day.

III. Approval of Previous Minutes:

No corrections or additions to the minutes of EAC meeting held on February 21, 2008.

A motion was made and seconded (LaFreniere/Pirie) to approve the minutes from the EAC meeting. The minutes were approved by a unanimous vote.

IV. EAC Resolutions-Status and Updates:

Resolution 2007-02: Permit Application Form and Instructions Subcommitte Update, Mary Madison-Johnson: A workshop/teleconference was scheduled for April 15, 2008 at 2:00 p.m. using the “Go to Conference” format. Additional information will be reported after the teleconference at the round tables.

Resolution 2007-05: Closed Sites with Multiple Owners Subcommitte Update, Bill Orr: Recent teleconference review highlighted the need for a “single SWIS Number for a single site” for documents and inspection reports. Where an LEA needs to address a specific issue to a parcel on that site, they can identify the issue in an appendix or in the inspection report notes (i.e.: waste exposed on one parcel only). Gas violations should be addressed to all of the listed owners. Drainage/exposure/structures and individual monitoring issues can be assigned to individual owners/parcels if practical. The use of a single consultant and workplan should also be encouraged.

In enforcement and legal issues, the LEA should try to establish a single source to deal with (such as Home owner associations, lead attorney, or consultant), and can address or focus the actions on the one target that is not in compliance.

The workgroup will assemble a draft for review by the EAC before it issues an all LEA Advisory with its findings.

The EAC concurred that valuable guidance is needed on how to address and deal with owners that are not willing to comply with enforcement directives. This draft may help in that guidance.

Resolution 2006-01: E-filing Data and to CIWMB Solid Waste Information System (SWIS) Database Accessibility, Georgianne Turner/Dennis Ferrier: The current system will be in an XML format, and requires that users obtain training for proper use in making changes. The question was raised if the LEA’s were interested in its use (yes), and were they then willing to accept training? The following LEA’s expressed interest: Kern County, City of San Jose, and County of San Diego. Business practices for making revisions require that the old copy stay in the system.

There was discussion on the use of decade, tablets, and forms with respect to how operators currently receive inspection reports. Options include e-mail, U.S. mail, and copies from the field.

Finally, it was mentioned that the Government Records Act requires that records be kept in a format that is approved by the governing agency, which includes electronic format.

V. EAC Discussion Items:

A. Ralph Hunter Awards, Bill Prinz: Handouts of procedures and application form for the 2008 Ralph Hunter Award Nominations distributed. It was requested that nominations be returned to roundtable chairs or EAC representatives no later than the end of August, or beginning of September, 2008.

B. Closure/Postclosure Cost Estimating Regulations (Phase 1): Additional meetings have been added in April, May, and June for the roll-out of new regulations. Includes prevailing wage (based on CalTrans), financial means test for inflation, and used-unit cost are quantified so as the permit changes, so do the closure/post closure changes.

C. Temporary Permits-Implementation Issues, Kevin Taylor for Mark De Bie: The 60-day period ends May 9, and only 30-40 facilities seem to be in need of a permit, yet only several have inquired (two in San Diego, two in Los Angeles).

D. EAC Membership/ Appointment of a New Vice-Chair, Bill Prinz: Due to the reorganization and restructuring of the EA program, it was agreed to leave the EA seat vacant until a need or situation required action by the EAC to fill or eliminate the position. Since the EA had been elected as the Northern Vice-Chair, it did require action by the EAC to nominate a new northern representative. A nomination of Dennis Ferrier (Pirie, seconded by Strickland) was made and by unanimous vote was elected for the remainder of the term vacated by Sue Markie. Resolution 2008- 01 will be drafted by chair for EAC approval.

E. Odor Issues and Training on CIWMB Research Result (Comprehensive Compost Odor Response Project), Greg Pirie: Some very good ideas for a 1-2 day training format on compost odors from a San Diego State University professor. It would seem that a large lecture/conference type event including operators would be beneficial, and there is a lot of interest from LEA’s. It would be helpful if a contact list could be established.

F. Other Issues from Round Tables, LaFreniere: Outdated equipment purchased with LEA grant funds: Question was raised regarding when an LEA may discard or donate old equipment. Since the grant requires that records be kept for three years after the close of the grant, then it was agreed that the same would hold true, and outdated, old and obsolete equipment could be discarded three years after the close of the grant of which it was a part, by choice of the LEA. It was requested that a web site be created to help in identifying which equipment and sources for disposal are available.

VI. CIWMB Topics, Updates and Discussion:

A. Legislation/Regulations, Bob Holmes:

Review of current legislation:

Watching several bills on Plastic Bag Recycling, and Waste Tires;

  • AB 2415: “Sunshine Canyon”
  • AB 2695: Authorizes local governments to include the inspection of illegal dumping activities in its inspection program. Expands injunctive and civil penalties, and offers assistance in funding of illegal disposal programs. (Niello)
  • AB 2679: Enhances enforcement by streamlining administrative penalties, allows criminal penalties, allows the Board to take any enforcement action an LEA can take, and eliminates the automatic stay when an appeal is requested. (Ruskin).
  • AB 501: Requires pharmaceutical companies to provide take-back system for proper disposal of home generated sharps. (Swanson/Hancock).
  • AB 2347: Provisions for a Mercury Thermostat Collection Act to take effect by 2010 for collection and recycling of out-of-service mercury-added thermostats. (Ruskin)
  • AB 2640: Would take compostable organics out of the landfill by 2020. Also has provisions for quarterly fee of $1.40 per ton for green waste used as ADC after 2010. (Huffman)
  • AB 2866 Fee increase July 2009 of $2.00 per ton. 60 to go as follows: 25% to fund demonstration projects of hybrid vehicles in waste collection; 50% to fund projects to divert compostable organics from landfill by the year 2020 and the production of clean transportation fuels; 25% for future closure/post closure funding accounts. (DeLeon)

Regulations - Watching and waiting on several items in the works:

  • Mammalian Tissue Composting: No new changes.
  • Plastic Bag Recycling Package: Pending
  • Waste Tire Hauler Manifesting Changes: One workshop has been held.
  • Phase 2 of Financial Assurance: The next 30 years.

B. 2008 Illegal Dumping Cost Survey:

  1. Follow-up to 2006 survey. The new survey will be open until April 25, 2008 to capture the costs associated with illegal dumping activities. “What is the problem of illegal dumping costing us?” questionnaire is being sent to all city and county administrators and engineers, with LEA’s now also being added to the list.
  2. Illegal dumping bill AB 2695 has passed out of committee, and has the full support of CCDEH and the local LEA’s.

C. Roll-out of Electronic Documents Posted on SWIS, Bill Orr:

  1. Access by the public and LEA’s is now available!
    • Includes all core documents
    • SWIS number data
    • All solid waste facility permits (SWFP) documents
    • All enforcement agency (EA) notifications
    • All inspection reports and attachments
    • All enforcement actions and supporting documents

    (This will help with public record search requests.)

  2. Next step will be the Good to Have Group:
    • Permit applications for all facilities
    • Applications for permit review
  3. Last step is the Nice to Have Group:
    • Closure Plans
    • California Environmental Quality Act (CEQA) documents
    • Photos
    • Miscellaneous reports

D. Organics Siting Workshop, Kevin Taylor for Mark De Bie: ”Trying to reduce organics by 50%-What can the Board do?" The next step is to gather information at the workshops and to prioritize efforts based on the information gathered there and in surveys. The next sessions are scheduled in San Diego and Sacramento.

E. Landfill Gas Study Reports/Probe Integrity, Ted Rauh: Study by SCS on best management practices (BMP’s) for landfill gases and evaluation of data in an attempt to assess what has worked and with what effects by using cost analysis as well as taking into consideration any benefits from greenhouse gases.

The SCS study also looked at the effectiveness of the wells and monitoring probes and found that a major flaw in design and application may be why they found such a high failure rate. This may have implications on future inspections! The CIWMB may have equipment needed to support further studies (well cameras) and there continues to be discussion on life expectancy of probes and construction of casings.

F. Training and LEA Conference, Bonnie Cornwall:

  • Universal Waste Training: Discussion of actual training experiences.
  • 8-Hour Health and Safety Training: Currently ongoing
  • Permitting and CEQA: Coming up soon (low registration numbers)
  • Conference Committee: Moving forward
  • Enforcement Conference: Will be held in Long Beach this May
  • Training Agenda: currently being updated
  • Name Change: from LEA Support Services to Training Outreach & Safety Services

G. Program Updates, Ted Rauh:

  • Focus at the Board is on alternative daily cover (ADC)/organics and the level of compliance.
  • The Air Resources Board (ARB) is proposing regulations on surface emissions of landfill gases. This will generate enforcement questions such as who will carry out these issues?
  • Electronic submittal of forms is consistent with the Certified Unified Program Agency (CUPA) model. The second approach will allow direct link with the system.

H. Compliance Strategies, Lorraine VanKekerix: The CIWMB will look at LEA’s that have performance issues (only two LEA’s with issues have been found over the last two performance evaluations). In one of those examples, the County Board of Supervisors decided that they did not want the State taking over the program and made a commitment to hire qualified staff in order to continue the program.

VII. Public Comment Period:

None.

VIII. Meeting adjourned at approximately 2:28 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: June 25, 2008
Enforcement Advisory Council (EAC) http://www.calrecycle.ca.gov/LEA/EACouncil/
Leta Forland: Leta.Forland@calrecycle.ca.gov (916) 341-6395