California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting

Minutes: October 8, 2008

CalEPA Building
Training Rooms 2 East & West

1001 I Street
Sacramento, California
9:30 a.m.-3:00 p.m.

I. Introductions and Lunch Plans

Rebecca Lafreniere, Chair, Southern Round Table
Leonard Grossberg, Vice Chair, South Western Round Table
Greg Pirie, Bay Area Round Table
Trey Strickland, Northern Round Table
Jacquie Adams, Southern Cities
Donna Heran, California Conference of Directors of Environmental Health (CCDEH)
Ernest Genter, Contract Counties
Dennis Ferrier, Northern Cities
Moushumi Hasan, North Central Round Table
Chris Allen, CIWMB
Bonnie Cornwall, CIWMB
Diana Cozadd, CIWMB
Bob Holmes, CIWMB
Rachel Morton, CIWMB
Bill Orr, CIWMB
Ted Rauh, CIWMB
Kevin Taylor, CIWMB
Georgianne Turner, CIWMB
Skip Amerine, CIWMB

II. Agenda Review

Items to be discussed on agenda were facilitated by availability of presenter throughout the day. Items were not all discussed in the order presented here.

III. Approval of Previous Minutes

A motion was made and seconded, with unanimous approval, to approve the minutes from the August 20, 2008 EAC meeting.

IV. EAC Resolutions--Status and Updates

  • Resolution 2007-02--Permit Application Form and Instructions, Subcommittee Update (Kevin Taylor). Kevin Taylor filled in for Mary Madison-Johnson (out ill). Rebecca Lafreniere summed up discussion by the Workgroup members clarifying the status of the draft document and the facilitator role in producing the final document. Kevin Taylor concurred with Rebecca’s summary and agreed the memo would be sent out by October 22, 2008. Kevin indicated that Ted Rauh would likely respond to EAC by the time of the Conference.
  • Resolution 2007-05--Closed Sites with Multiple Owners, Subcommittee Update (Bill Orr). Bill Orr provided a handout and related that the main working group issue ‘preferred approach’ was to address contingencies if people (RP’s) don’t cooperate. The workgroup recommended a coordinated comprehensive approach such as one inspection report with parcel specific notations. Bill related that it is not possible to keep inspection reports confidential from other operators and owners (public records). Bill related that Glenn Young’s group {CIWMB Closure} is willing to look at sites if LEA’s need assistance.

    Leonard Grossberg recommended that the EAC take the issue back to the RT’s and then circulate their comments back to the EAC.

  • Resolution 2006-01--E-filing Data to CIWMB and Solid Waste Information System Database Accessibility (Chris Allen/Bonnie Cornwall/Diana Cozadd). Bonnie Cornwall related highlights of the ‘Data Management Summit’ (Cal-EPA), and an overview of the ‘Data Exchange Agreement’ (DEA) process (CIWMB). A pilot (CIWMB) group was established (not currently active). A DEA was put together. It is not a legal document. A page-by-page description of the DEA followed. Essential steps for data exchange are described on the CIWMB DEA webpage. Page 1: LEA must complete three successful tests then send the first form and you are ready to go. Page 2 provides the legal framework for inspection reports only (facility inspection data). The primary technical contact for batch input will be the assigned contact in ‘Permitting & LEA Support Division’. Page 5 describes ‘XML’ web services (private vendor or application service provider, etc.). Bonnie covered the guidance/agreement section by section. 2.4 covers self-testing readiness code (demo). 2.7 financial considerations for “supplemental funding”; 2.8 record retention “who owns the data”; .34 ‘data quality’ … Bonnie explained that “signatures are not required on inspection forms” … Skip Amerine explained that for e-versions (of inspections) a typed in name(s) represents legal notice of inspection … Skip related that “if you (LEA) are transitioning (to e-data) you can continue to send paper and e-data, but no duplicates.” Chris Allen explained that the data will go to a “holding area for review”; Chris asked that for testing at least one regulation and one comment should be included in the inspection. Then a 6-digit “readiness code” is created. For a demo a ‘single submission test’ (vs. batch) should be submitted. Mike displayed a demo. Questions followed (Ernest Genter/Jacquie Adams/Greg Pirie) asked about the appearance of the single inspection form. How can the form be submitted/copied to the operator (electronic or paper)? Chris Allen explained that there will be a demonstration at the Annual LEA-CIWMB Conference, in Napa, on Wednesday of the Conference.

V. EAC Discussion Items

EAC Elections-Chair & CCLHO

A motion was made by Leonard Grossberg to nominate Rebecca Lafreniere as the new EAC Chair. A second, and unanimous EAC vote confirmed the nomination. Leonard Grossberg and Dennis Ferrier were nominated as co/Vice-Chairs. A second and unanimous vote confirmed these nominations.

Ralph Hunter Award-Nominations and Selection of Recipient

Brief discussion ensued. Leonard Grossberg noted that the award criteria are vague. Greg Pirie suggested making an EAC agenda item for the next meeting to discuss the ‘Award Criteria’. Trey Strickland and Dennis Ferrier noted that current eligibility criteria seems to leave a question about the nomination/eligibility for Marty Pardun (candidate nomination for RH-Award). Left for discussion at future EAC meeting.

Sharps and Pharmaceuticals-Enforcement Update

Rachel Morton/Bonnie Cornwall provided a handout of form for sharps consolidation point. Leonard Grossberg: CIWMB will have to coordinate this with locals and state. Also, there will be issues with ‘Limited Quantity Haulers’. Greg Pirie related an example of 2000 brochure handout for a ‘drop-off’ program. Bonnie Cornwall noted that there is a sharps listserv (CIWMB) to keep updated on Jim’s (DHS) group.

Gas Monitoring at Active Sites and Landfill Gas Monitoring Well Functionality Study-Round Table Issues

Bill Orr related that ‘revised guidance’ is close to being issued. They are utilizing best management practices (BMP) (SCS contract)/design and construction of wells/probes/tech. Kern County/Orange County have an advisory group. Legal review of BMP’s may be available next week. The WebiNar was well participated in. Subtitle D does not allow for exemptions. 97 of 168 plans are in-house requests {for review} to CIWMB. PLEAS initially reviews the content and sends the plans on to Closure staff. Bill Orr is seeking additional support form other state agencies.

Legislation/Regulations

Bob Holmes provided status of following bills and Board updates:

  • AB 2679 Ruskin (chaptered)-Bob provided a line-by-line change to existing statutes. Effective January 1. Bob distributed a draft letter handout. Board staff are asking for direction on what areas need further guidance.  Georgianne’s shop will coordinate comments. Bob wants a single point of contact for comment input by Oct. 23. Target is to provide draft guidance by November 15, 2008. Georgianne wants to have draft guidance out by Nov. 15 and final guidance out by Dec 7. They will review with focus on PRC 40150.2 minor violations and 45003-30 days to correct violation. Georgianne provided an overview of draft ‘Notice to Comply’ form and discussed the following sections:
    • 40194 (EA Notification Tier)
    • 44000.5 (illegal disposal)
    • 45010.1 (civil penalties possible for any violation of statute)
    • 45012 (Board taking direct enforcement action & ‘mutual agreement’)
    • 45017 (removal of ‘auto stay’)
    • 45025 (Criminal Penalties)

    These are the major areas of change. Trey Strickland will be single-point-contact (with DF backing up) for comments on draft guidance.

  • Short update on 3 rulemakings: gas monitoring (implementation date change to 2009); tire hauling regulation change (comments by Nov. 17); long-term maintenance (financial assurance) 2 months out.
  • Board Membership updates on three changing Board seats: Chesboro running for Assembly and two members up for reappointment . Change will occur over the next 3 to 6 months. Policy Items covered: debris management/illegal dumping (not enrolled-could be rekindled); plastic carry out bags discussion continuing with industry, public. etc.; new diversion goal in SB1016, new disposal accounting system, pooled fund for long term landfill financial responsibility

Grant Program Updates

Donna Heran raised a question on waste tire grant auditing/funding: Why were CIWMB concerns about allowing the hourly rate for county billing raised 9-months later? Was this issue resolved? CIWMB response for overhead rates greater than 10%, the interpretation has been that the EA’s are able to allow individual overhead rates if you let the hardship be known it can be addressed on the “front-end”.

WCMP Director Report

Ted Rauh/Bob Holmes: Performance indicators statistics were discussed:

  • Listed landfills dropped from 9 to 5 (of 143 in CA)
  • Listed facilities dropped from 17 to 1
  • Enforcement orders dropped from 13 to 8 (LF’s), etc.

There will be new statistical numbers in January 2009. AB 32 Scoping Plan-ARB released draft in summer. Methane capture is covered in the appendices to the report. A new revised scoping plan is due out this week. Effective management of methane will continue to play a role in greenhouse gas management. LEA conference: Key note Senior VP for N. America WMX discusses pushing toward “greening effect” and where he sees industry going. Alternative daily cover (ADC): DTSC set aside auto-shredder fluff (AS) funding. Now DTSC considers it a hazardous waste. The AS spray is not entraining the metals. Industry has the opportunity to reestablish their process to pass the WET test. FDA feed ban downer cow issue discussed. Only disposal option right now is landfilling. Landfills may request to bury and permit modifications may be necessary. Aafter April ’09 renderers processes will need to be changed or downer cows may have to be landfilled. Estimated 150,000 tons-per-year in CA alone. After April 27, ’09 no feed may contain derived parts of downer cows. Ted related a coordinated review for: BMP’s for anaerobic digestion/beneficial reuse/ADC/food waste/three-part-test. Target to have ‘white-paper’ by June ’09.

Training and LEA Conference

Bonnie Cornwall/Rachel Morton. All rooms are sold out for Conference. Greg Pirie's band is playing at conference. Bonnie informed that landfill gas training is wrapping up. CIWMB is beginning State Minimum Standards training (SMS): Day 1-landfills, Day 2-compost. Bonnie wants input on SMS and areas to focus on (ambiguous areas). Rebecca Lafreniere asked: ‘Can we include construction and demolition’ (in the training)? Landfill 2-3-day and C&D 1-3 day? Bonnie related that an illegal dumping taskforce developed a toolkit with a movie trailer to be seen at the conference.

VI. Public Comments

None.

VII. Schedule Next EAC Meeting & Close Meeting

Next meeting scheduled for January 8, 2009.

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: February 3, 2009
Enforcement Advisory Council (EAC) http://www.calrecycle.ca.gov/LEA/EACouncil/
Leta Forland: Leta.Forland@calrecycle.ca.gov (916) 341-6395