California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting

Minutes: February 21, 2008

Meeting called to order 9:45 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
Bill Prinz, Southern City LEAs
Donna Heron, California Conference of Directors of Environmental Health (CCDEH)
John Wiggins, California Conference of Local Health Officers (CCLHO)
Rachel Morton, CIWMB
Fernando Berton, CIWMB
Bob Holmes, CIWMB
Mark de Bie, CIWMB
Bill Orr, CIWMB
Ted Rauh, CIWMB
Bonnie Cornwall, CIWMB
Georgianne Turner, CIWMB
Barbara Van Gee, CIWMB
Mary Madison-Johnson, CIWMB
Loretta Sylve, CIWMB
Susan Markie, CIWMB
Dave Otsubo, CIWMB

Next EAC Meeting: Wednesday, April 9, 2008 in Sacramento

II. Agenda Review:

No action taken.

III. Approval of Previous Minutes:

A motion was made and seconded (Grossberg/Lafreniere) and the minutes for the December 4, 2007 EAC meeting were approved.

IV. EAC Resolutions-Status and Updates:

Resolution 2007-02: Permit Application Form and Instructions, Mary Madison-Johnson: Ted Rauh sent a letter to Trey recommending that a workgroup be established to seek input and make recommendations on this issue. Mary is the lead on this and those interested in being a part of the workgroup should contact her.

Resolution 2007-05: Closed Sites with Multiple Owners, Bill Orr: Indicated that there is a lot of internal (CIWMB) interest in this issue. Bill was introduced to Leonard Grossberg who indicated that he knows of six LEAs who are interested in participating in this issue. Bill said that he would call Leonard.

Resolution 2006-01: E-filing Data and SWIS Accessibility, Bill Orr: Said that there has been extensive discussion on this matter. Ted has indicated that information technology (IT) issues are a high priority. IT personnel have indicated that this project is “relatively doable” and that there is a 6-12 month timeframe to come up with something, perhaps a pilot program. Bill is aware that Dennis Ferrier is interested in participating in this project. Initially, the project will focus on electronic submission of inspection reports and will move on from there.

V. EAC Discussion Items:

Greg Pirie asked if Ernie Genter could send a substitute whenever he was absent. Perhaps he could participate by telephone.

Trey Strickland: Discussion of an issue regarding a landfill that has a 100 tons per day (TPD) maximum, but averages 90 TPD and often exceeds the permitted TPD. The operator is unable to revise the solid waste facility permit (SWFP) because one of the landowners is against revising the permit. The operator is considering eminent domain. Trey indicated Georgianne Turner had suggested extending the permit violation to the uncooperative landowner.

Rebecca Lafreniere: What to do with old landfill gas (LFG) detectors like the Landtecs? Many were received under grant programs. Bonnie Cornwall suggested that unusable completely obsolete equipment could be disposed of properly, while usable equipment could be given to LEAs or other agencies who might want it. It was also suggested that Mexican environmental officials might want it, or perhaps schools/teachers could use it. Rebecca wants this item kept on the agenda.

Leonard Grossberg: Brought up issue of grape stakes (treated wood waste or TWW) being used as firewood. Greg Pirie said that facilities in Napa due to the desire to avoid reporting requirements, do not take grape stakes.

Brian Pitts: Some of the LEAs in the South Central region are frustrated with the current available enforcement options. He would like the use of administrative enforcement orders that the certified unified program agency (CUPA program uses. Brian also stated that LEAs in that region are very supportive of e-filing. He also wanted to bring attention to proposed San Joaquin Valley Air Pollution Control District (SJVAPCD) composting rules that he thinks are being written by some who are not familiar with how composting works.

VI. CIWMB Topics, Updates and Discussion:

A. Alternative Daily Cover (ADC), Fernando Berton: Updated EAC on a discussion only agenda item to be heard at the March Policy Committee meeting. Some issues to be discussed:

  • Fees for using green waste as ADC
  • Climate change impacts of using green waste as ADC
  • ADC abuse for diversion
  • Possibly considering the use of green waste as ADC to be disposal

B. Ted Rauh:

  • Budget Issues: The proposed hits to the State budget should not affect things like the LEA grants program or travel expenses for the EAC members.
  • San Diego Fire: An impressive amount of materials was recovered from structures damaged and destroyed by the recent wildfires.
  • IT: He is committed to getting e-filing of documents going.
  • Tire Conferences: Waste tire conferences in Southern California later in year for those interested.
  • Cold Creek Compost: CIWMB staff to jointly inspect this facility for nine months with LEA. Ted will update the Board members about this site.

C. Future of CIWMB Presence on the EAC, Sue Markie: Discussed this subject briefly in the morning and Georgianne Turner further discussed it in the afternoon. Sue Markie, who serves as Co-chair has taken on a new position as the Manager of the Permitting and Local Enforcement Agency (PLEAs) South Branch. Additionally, due to the CIWMB reorganization, there are no staff who solely act as EA. A potential conflict of interest arises, because CIWMB enforcement and permitting staff also help evaluate LEA programs, so CIWMB management prefer that no staff are on the EAC. Georgianne committed that at least one of her staff will be present at EAC meetings; it is possible that a non-voting membership is the solution. Greg Pirie would like to bring this item back for further discussion. Leonard Grossberg very much would like a continued CIWMB presence at EAC meetings.

D. Legislation/Regulations, Bob Holmes:

Regulations:

  • Temporary Waiver of Permit Terms: Now at Office of Administrative Law (OAL). They have until February 28 to comment.
  • Cost Closure Estimates: Now at OAL. Comments due February 26.
  • Temporary Permits (from AB 1473): Adopted by CIWMB. Bob hopes that the regulations will be submitted to OAL by the end of February and that they will be effective by March 10, which would mean any applications would have to be received 60 days after March 10. Rebecca Lafreniere indicated that most of the concerns raised in the workshop she attended seem to have been resolved.
  • Mammalian Tissue Composting: Adopted by the CIWMB February 20. The rulemaking file was sent to OAL by mid-March, so regulations would be effective my mid-April.

Legislation:

  • AB 1237-Died: Would have added additional time to permit processing timeline and changed Board inaction default to “object”.
  • AB 1207-Died: Would have made CIWMB the biosolids applications czar.
  • Watching:
    • SB 1016 and SB 1020: Would change required diversion rate from 50% to 75%.
    • AB 1075: Clarifies definitions of composting, anaerobic digestion, and transformation.
    • AB 501: Would restrict how prefilled “sharps” may be disposed of and/or recycled.

FYI: February 22 was the deadline for introduction of new bills.

E. Training Update-Bonnie Cornwall

Bonnie introduced new supervisor for training unit, Loretta Sylve, to EAC.

  • Training survey ongoing.
  • Enforcement of sharps disposal “falls through cracks.” State would like local ordinances to handle this problem. Household hazardous waste (HHW) facilities and events may take them, but approximately 30% do not. Bonnie handed out some good information on this subject. Brian Pitts expressed desire to see any “model” local ordinances.
  • Universal Waste/Rad Waste training to be provided at 5 venues in State. Dennis Corcoran is lead contact. Brian Pitts asked how advanced is the training? This is not known at this time. He also asked if TWW would be covered. Bonnie thought so, but perhaps not in detail.
  • Permitting/CEQA two day training: Eight venues beginning in May. Bonnie would like to hear from LEAs who want to participate. Marie Sessler is the contact.
  • Annual Conference: November 4-6. Nov 4 is Election Day, so get an absentee ballot if necessary. Bonnie is looking for presenters. Greg Pirie indicated he wants a little more emphasis on partnership at the conference, perhaps more interaction between LEAs and the Board members.
  • All LEA Emails: Bonnie wants to know if there are too many, how they can be made more readable, and if a list serve or bulletin board would be a good idea.

F. New Landfill Gas Requirements: New regulations, in effect, but many requirements are effective in September 2008. Bill Orr says that an all LEA email will be forthcoming regarding this issue. Bonnie Cornwall emphasized that if LEAs want some other aspect of training in landfill gas regulation issues to be provided, to indicate that in the training surveys.

Bill Prinz would like training in LFG probe construction and approval of these designs. Rebecca Lafreniere put in that old, often plugged probes are a big concern.

Mark de Bie stated that the final version of the LFG study should be out soon and that there have been some issues with SCS which have delayed its publication.

VII. Public Comment Period:

No public comments were received.

Meeting adjourned at approximately 2:30 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: April 11, 2008
Enforcement Advisory Council (EAC) http://www.calrecycle.ca.gov/LEA/EACouncil/
Leta Forland: Leta.Forland@calrecycle.ca.gov (916) 341-6395