California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting

Minutes: June 18, 2008

Meeting called to order 9:43 a.m.

I. Introductions:

Bill Prinz, Southern Cities Round Table
Leonard Grossberg, South Western Round Table
Rebecca LaFreniere, Southern Round Table
Greg Pirie, Bay Area Round Table
Dennis Ferrier, Northern Cities Round Table
Moushumi Hasan, North Central Round Table
Brian Pitts, South Central Round Table
John Wiggins, California Conference of Local Health Officers (CCLHO)
Donna Heran, California Conference of Directors of Environmental Health (CCDEH)
Bob Holmes, CIWMB
Bonnie Cornwall, CIWMB
Mark de Bie, CIWMB
Rachel Morton, CIWMB
Bobbie Garcia, CIWMB
Georgianne Turner, CIWMB
Brian Larimore, CIWMB
Lorretta Sylve, CIWMB
Ted Rauh, CIWMB
Lorraine Van Kekerix, CIWMB
Jim Cropper, CIWMB
Mike Berrisford, Department of Toxic Substances Control (DTSC)

Next scheduled EAC Meeting: Wednesday, August 20, 2008 in Sacramento, 9:30 a.m.-3:30 p.m.

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

II. Agenda Review:

Items to be discussed on agenda will be facilitated by availability of presenter throughout the day. Several items will be added to the agenda if time permits.

III. Approval of Previous Minutes:

Minor corrections were made to the minutes of the EAC meeting held on April 9, 2008.

A motion was made and seconded (LaFreniere/Pirie) to approve the corrected 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, Subcommittee Update, Mary Madison-Johnson: Staff is awaiting Board response on the proposed changes discussed during the workshop and will how it will address questions like “peak tonnage.”
  • Resolution 2007-05--Closed Sites with Multiple Owners, Subcommittee Update, Bill Orr/Leonard Grossberg: The workgroup is still assembling the draft addressing its findings for review by the EAC before it can issue an all LEA Advisory.
  • Resolution 2008-01--New Vice Chair for EAC, Dennis Ferrier: Resolution submitted and filed as closed.
  • Resolution 2006-01--E-filing Data and SWIS Accessibility, Bonnie Cornwall:

    Staff continues to process documents for input into system. Major phases of the project include:

    • Business practices model: Will indicate who can submit documents, and how changes will be made. Hopefully, a draft will be ready for LEA review by the August roundtables.
    • Testing the System: Identifying the IT staff contacts, and making sure everyone understands the technical items.

    The plan is to have a presentation at the next conference that could lead to additional training and input. Additional discussion on the use of different vendors and how they interface with our needs will hopefully lead to specifications that will be issued for the vendors to meet.

V. EAC Discussion Items:

A. Presentation of an Enforcement Case, Brian Pitts, Kern County LEA

B. Alternative Daily Cover (ADC) Policy Options and Direction, Brian Larimore: ADC regulations in 1994 limited diversion to 7%, but the Office of Administrative Law (OAL) disapproved. In 1996, AB 1647 legislated that waste-derived ADC constitutes diversion through recycling. In 2007, stakeholder input from the Bio-fuels Forum and Organics Summit led to an Organics Roadmap, which included ADC policy as one of its main issues. An ADC Policy Working Group was convened in April and five policy options were analyzed. These analyses were presented to the Strategic Policy Development Committee in June and staff was directed to develop a toolbox to assist jurisdictions in reducing green material ADC. The toolbox will include local contract mechanisms, marketing plans, case studies, model ordinances, purchasing policies, and compost specifications.

Staff will provide technical guidance on several new proposed bills including AB 2866 and AB 2640 which deal with disposal fee increases. Potential legislative concepts, such as a diversion capacity provision, will be analyzed. In addition, staff will monitor and assist jurisdictions affected by the upcoming closure of Puente Hills Landfill. The landfill is scheduled to close in 2013 and approximately 300,000 tons of green material currently used annually as ADC will need to find a new home.

C. DTCS Waste Inspections at Puente Hills Landfill,  Mike Berriesford: Discussion of recent event at Los Angeles landfill, where the target was the individual self-haul vehicles at the landfill. The landfill and DTSC, as well as the CIWMB were notified of the event, but no notice was sent to the local LEA. Future events should include notification to the LEA’s. Target items of the event were e-wastes and universal wastes hidden in loads and not declared at the gate. Violators were issued citations by DTSC.

While the event targeted a small portion of the illegal disposal problem, it was criticized for not including the core of the problem, which starts with education, available household hazardous waste programs, product stewardship, and a model ordinance for proper disposal. In addition, current load-check programs may not be in-line with new ewaste definitions.

D. Enforcement Update, Georgianne Turner: Staff is ramping up the 18-month inspection schedule (to facilitate overnight stays and travel constraints due to budget issues). The second update to the Board on the Strategic Directives noted improvements on all of the items.

2% of the audits have been completed, with mostly compost facilities being done (7 of 20).

Continued focus on temporary permits and will continue to work with the LEA’s and operators for compliance.

Three new staff members have been added.

News from the local public health contract counties; all are going to switch to local health departments and contract with a consultant (for example, Ernie Genter) to conduct LEA program duties. Rachel Morton requested we hold the contract counties seat open until the dust settles, and have the northern round table discuss future options and representation.

E. Sharps Program Implementation, Jim Cropper: SB 1305 on home generated sharps goes into effect on September 1, 2008. The current structure for the collection of home generated sharps is: household hazardous waste collection events; mail-back envelopes; permitted medical waste facilities that accept sharps; and at consolidated collection points. Remember, all sharps must be shipped in approved red sharps plastic containers.

Some new ordinances have required facilities that sell sharps to take them back (i.e.: San Luis Obispo). Discussion on medical waste management act over treated versus untreated wastes, and home generated versus non-home generated wastes (veterinary generation, and consolidation collection points).

There will be a workshop in San Diego on July 9, 2008 discussing sharps and pharmaceuticals.

VI. CIWMB Topics, Updates and Discussion:

A. Legislation/Regulations, Bob Holmes: Review of current legislation:

  • 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. The bill has been removed due to objection from franchise haulers. (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; prefilled syringes, pens, and injection devices. (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. Honeywell is on board to help this bill. (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/postclosure funding accounts. (DeLeon)

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

  • Waste Tire Hauler Manifesting Changes: Formal process is moving forward.
  • Long-term postclosure care package: Will look for direction in August.

B. Financial Assurance, Ted Rauh:

  • The Board gave staff directions to start the regulatory language on closed sites.
  • Postclosure maintenance contingency was added to cost estimates.
  • Will be only for operating facilities, and not grandfathered on closed sites.
  • Funding mechanism for “non-water related corrective action activities” on open or closed sites.
  • Cost estimate and dialog (how post closure costs are determined): Removes reduction of cost estimates unless they are documented.
  • How to extend the postclosure costs beyond the 30 year requirement? Look at the 5/15/30 year multiplier or do you apply the eternal funding formula of 43 years?
  • Will pool funds be used to cover extras? Big concern by rural landfills.
  • Farm and ranch consolidation pilot grant for Imperial County, over 40 sites will be expeditiously cleaned-up.
  • Plastic carry-out legislation report: collecting information on retail markets recycling effectiveness (could lead to a ban or service charge on plastic bags).
  • Proposal in July to Dept. of Fish & Game on cleaning up large marijuana sites dealing with irrigation, garbage, and wastes on sites.
  • Performance enforcement indicators show very good signs.
  • Tire Enforcement indicators also show decreasing numbers.

C. Organics-Siting & Capacity Policy Options and Direction, Bobbie Garcia: This is part of the CIWMB’s Organics Roadmap, which provides a schedule of activities to reduce the amount of organics being disposed in landfills by 50% by 2020. The CIWMB has been working with stakeholders through surveys, interviews and workshops to identify actions the CIWMB could take to increase the siting and capacity of organic diversion facilities. This has resulted in eight options being identified that staff is further refining into specific actions. Staff will report back to the CIWMB before the end of 2008 through the Organics Roadmap, proposing a schedule of activities.

D. Landfill Gas Study Reports/Probe Integrity & Surface Gas, Mark de Bie: Study by SCS on best management practices (BMP) 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! Board 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. May continue evaluation review past July. As soon as the report is done, they hope to share it with the LEAs.

What to do when alternative method is approved by an LEA and not by the CIWMB? Convince the staff on your reasons!

E. Training and LEA Conference, Lorretta Sylve: Handout with draft conference agenda circulated.

F. Ralph Hunter Award, Bill Prinz: Nominations must be submitted to Trey by the end of August.

G. Local Public Health Services Contract Counties Changes, Rachel Morton: Almost all are going to switch to local health departments, and contract out for the LEA programs.

H. Other Issues, Rebecca Lafreniere:

  • Hauler limited volume transfer operations: Companies are collecting small bins and consolidating into vehicles for disposal. Permitting issues.
  • Registration permits for construction/demolition: Bring in brush with construction/demolition and inert debris and exceed the 40% limit seasonally.

VII. Public Comments:

None.

Meeting adjourned at 3:35 p.m. (Grossberg/Lafreniere)

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: August 21, 2008
Enforcement Advisory Council (EAC) http://www.calrecycle.ca.gov/LEA/EACouncil/
Leta Forland: Leta.Forland@calrecycle.ca.gov (916) 341-6395