California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting

Minutes: December 10, 2009

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

Meeting called to order 9:35 a.m.

I. Introductions

Rebecca LaFreniere-Chair Southern Roundtable
Leonard Grossberg-Vice Chair South Western Roundtable
Greg Pirie-Bay Area Roundtable
Bill Prinz-Southern Cities Roundtable
Mark Johnson-Northern Roundtable
Deborah Biersteker-North Central Roundtable
Joe Doser-CCLHO
Bob Holmes-CIWMB
Bonnie Cornwall-CIWMB
Rachel Morton-CIWMB
Mark de Bie-CIWMB
Ted Rauh-CIWMB
Lorraine Van Kekerix-CIWMB
Melissa Hoover-Hartwick-CIWMB
Loretta Sylve-CIWMB
Marie Sessler-CIWMB
Ken Decio-CIWMB
Ray Seamans-CIWMB
Kevin Taylor-CIWMB

Minutes by Dennis Ferrier

The agenda items below were not necessarily discussed in the order presented here.

II. Agenda Review

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

III. Approval of Previous Minutes

A motion was made and seconded (Pirie/Prinz) to approve the minutes from the September 30 EAC meeting. The minutes were approved by a unanimous vote.

IV. EAC Resolutions--Status and Updates

  • Resolution 2007-02--Circulation of Guidance Documents (Ray Seamans).

    [Note: Carried over from prior EAC meeting: Has new draft language expanded beyond the scope of guidance? The intent was to explain and simplify the writing of a permit while still maintaining that the LEA has final say as to what information will be included in a permit.]

    • Ray Seamons provided an overview of CalRecycle staff’s attempt in the toolbox to incorporate some of the agreed upon language from prior EAC discussion, [draft handout].
    • Mark de Bie provided a review of the draft Advisory 57 changes (See Draft pg-4 21650 / pg-5,6 edits to spell out RFI & permit regs.

    Additonal discussion:

    • Pg 1 bottom (Rebecca L.)
    • Pg 5 ‘Odor Impact Minimization Plan’ inclusion? OK if it’s in the report of facility information (Leonard G.)
    • Pg 2 Item 7 CalRecycle’s permit processing and concurring time frame is already sufficient as it is (Leonard G.)
    • Pg 4 Daily Tonnage draft language handed out (Mark de B., Rebecca L.)
    • PRC Section 44014(b) should be inserted to ‘guidance’ to reflect the PRC requirement for the ‘Enforcement Agency’ to determine ‘Terms & Conditions’ for the permit (Dennis F.)
    • Is there another spot to make a list of items to consider? (Deborah B.)
    • Reformat document to make the header relocate (Rebecca L.)
    • Building a link to the other processing requirements to maintain content and flow of permit writing (Mark de Bie)
    • Sections can be hyper-linked (Bonnie C.)
    • Two ‘typos’ on pg-1, misspelling needs to be corrected (Leonard G.)
    • How to proceed, draft HTML almost complete (Mark de B.)
    • Final Draft should circulate for two weeks and then adopt (Rebecca L.)
    • Final Draft will be directed to Rebecca L. for circulation to LEA’s
    • What role will TMAC play? (Rachel M.)
  • Resolution 2007-05--Closed Sites with Multiple Owners Subcommittee (Rebecca L.). Continued item held over from last EAC meeting…
    Who was the subcommittee? (Rachel M.) I’m going to restructure the {webpage} with a box identifying subcommittee members (Rachel M.) … brief discussion of the “broken hypertext links” on the new CalRecycle webpage(s). No further discussion.
  • Resolution 2009-01--Review and Circulation of Guidance Documents. Subcommittee members: Bill Prinz, Brian Pitts, Bill O’Rullian, and Dennis Ferrier
  • Resolution 2009-02--Ralph Hunter Award Recipient Lori Braunesreither.
    • Conference Awarded Laurie Braunsreither the Ralph Hunter Award
    • Subcommittee volunteers to revisit criteria for the Ralph Hunter Award (Greg P., Dennis F.)
    • Can we recognize someone who is doing a good job, ie. “non-management” (Deborah P.)
    • Maybe a Conference/Training lunch recognition of good-job recognition by jurisdiction (Rachel M.)
  • Minor Violations. (subcommittee update) discussion: MV’s have not been utilized by EA’s
    • Deborah B. reviewed information sheet
    • There is no opportunity to go to legislation this year; data will be gathered to the mid-point of 2010 and then a decision will be made on legislations (Lorraine Van K.)
    • Gaining more experience (Mark de B.)
    • A legislative proposal would need to “bubble up” from CCDEH (Bonnie C.)
    • “The EAC could gather data” (Mark de B.)
    • Deborah B. will generate a short questionnaire to RT reps by January 5th for RT’s
  • Electronic Submittals of Inspection Data (SWIS DIP). 60% of LEA’s are using SWIS DIP (Bonnie C.)

V. EAC Discussion Items

A. Partnership Sessions (Bonnie Cornwall/Rachel Morton)

B. Partnership Session Issues: Next Steps (Melissa Hoover-Hartwick)

Discussed together with item on Training and Lea Conference

C. Permit Process 2010 In The New Dept: (Rebecca/Ted R.-Mark de B.)

  • Is Board/CalRecycle still considering concurrent review to cut off 30 days? (Rebecca L.) … (Ted R.) We have options for the new director: once the findings are made, if folks have an issue or interest a public hearing can be held. A large number {of permits} have findings and there is nothing for the Board to do.
  • Are there any other models from other agencies (Bill P.)?
  • Encourage everyone to make this a priority to review (Rebecca L.)

D. Alternative Daily Cover Update (Ken Decio)

  • Currently working to develop guidelines, develop standard inspection technology, develop evaluation of autoshredder fluff, develop grreen material and compost regulations
  • Working group includes Tony Torres (San Diego County LEA), Dennis Ferrier (City of San Jose LEA)
  • Throwing together comments, looking at other state standards/policies for landfill cover.
  • Ken D. is open to comments.
  • With material recovery facility and construction and demolition fines becoming issues, standards are problematic.
  • We’re looking at other sources for performance standards (Mark de B.)
  • A spring pilot paper is scheduled (Mark de B.)
  • We may want to narrow it to look at innovative “pilot studies” for ADC to assess litter, odor, etc..

D. Program Director Report (Ted Rauh)

  • January 1-CIWMB becomes a department of DRRR.
  • No formal designation of a director yet
  • Continuing to move on administrative aspects
  • From the Division Chief down the organization remains stable
  • The Governors participation at climate change meeting-no determination of actions
  • No move of the offices, DRRR/CalRecycle remains at CalEPA Building
  • CIWMB becomes CalRecycle
  • Email and web will change, old addresses will still work for a while {probably through March 2010)
  • Agency forms will reference DRRR and CalRecycle
  • Agency letterhead will reference DRRR
  • A Section 100 process will occur within six-months to straighten out all regulation citations for consistency
  • Permit Process:
    • Revised permit process may require earlier involvement by state-staff; Early January – a draft document for EAC/CCDEH review {of proposed permit process}
    • New permits in next three-six months; feedback will help develop CalRecycle staff recommendations to the new director and timing recommendations.
    • Ted R. is interested in feedback on a proposed 60-day CalRecycle permit process
    • Two areas (2) where EAC can get a view of the CalRecycle staff’s Workplan: November CIWMB Agenda Item 13, Items 4, 8, 12, covering: (SO 8..1) Landfill compliance, targets to complete Closure/Post-Closure Plans, 4.3 state {non-complying} inventory reduction, 4.4 insurance regulations, 8.0 50% recycling achievement, permit standards, science based standards that meet market requlations, 8.4 authority to reject incomplete permit conditions {in requlations}, 8.5 independent field inspections, 8.6 illegal dumping, 8.8 increase tire inspections & reduce manifest errors, 12.3 Training.
  • Appeal Process: Will be delegated to the new director
  • Single Point of Contact: Mark de B. is working on best management practices for LEA/CIWMB work … they will spell out expectations for customer service.
  • Communication: Who should get the information, all staff or management, or ? Ted needs feedback.
  • New Events Webpage: will be easily searchable.
  • The ‘Sustainability’ name will change in January.
  • CalRecycle/DRRR is working out these types of issues to allow LEA’s to easily access this information.
  • LEA Evaluation Process is being updated: review process and steps will update / sending draft results to managers and supervisors with final results to directors; at exit interviews the LEA can request changes in the letter … More in-depth at next EAC meeting.
  • Gas Monitoring: (Ted R.) now have three LEA’s that have detected hits on migrating landfill (LF) gas, and potential for a greater number of LF’s to experience hits.
  • Is it sufficient to review working relationships 1x per year? Or should there be other ways as a collective group to work on business relationships?

E. Legislation/Regulations (Bob Holmes)

  • No legislation development underway
  • 3 bills signed by Gov. AB274 (landfill financial assurances)/SB230 (tire hauler exempt from ‘illegal dumpling’)/SB167 (CalRecycle Tire Plan @ Mexico border)
  • Phase II financial assurance regulations are on consent for the next CalRecycle workshop meeting
  • OAL problem with tire manifest requires another 15-day comment period
  • Regulatory review under strategic objective 8.32, including definition of “food waste”; CalRecyle/CIWMB agreed to reword to reflect the reality of co-composting; next steps are workshop/scoping for input on definition, over the next couple of months. Possible return of the ‘foodwaste’ item to the roundtables. Regulations process is changing to workshops, scoping sessions, etc. (Mark de B.)
  • AB856-Composting markets “organic imput material” may require some compost producers to register/permit with California Department of Food and Agriculture (CDFA)
  • 2-other issues: Beneficial use of compost material in agricultural settings-existing requirements based on CDFA standards. CDFA does not have standards and does not want this role; existing “old test” for beneficial use, with CDFA standards is “totally dead”. There will be discussion with “other agencies” to determine regulatory roles to regulate beneficial agricultural use of compost. There may not be a role for enforcement agencies (CalRecycle/LEA’s).
  • Comments to CIWMB/CalRecycle by January 14; After comments ‘Draft #2’ will be issued
  • AB856-CDFA to develop regulations to give them control over “soil amendments” (Mark de B.)
  • AB856-wouldn’t this white paper be a good example to take through the EAC/LEA’s … do we want to take this to the RT’s for discussion? (Deborah B.)
  • AB856-We would appreciate discussion of regulations development and feedback on SO 8.3 regulations (Mark de B.)
  • With the Department change (from CIWMB to CalRecycle/DRRR) the processes are being redefined for formal/informal input with key times for workshops, EAC coordination, etc. We can look at this and see where LEA’s fit in (Mark de B.)
  • White Papers-We would like a “due date” (Mark J.). Maybe the first line should be with large print (Rebecca L.)

F. Training and LEA Conference (Melissa Hoover-Hartwick/Loretta Sylve)

  • The “Calendar” some things (IE ‘tours’) are not doable; Melissa would like to make a list for discussion items specific to particular trainings.
  • We didn’t get a detailed enough response to set up a training calendar (Bonnie C.)
  • Trainings Opening Up: health hazard recognition/asbestos training/other health hazards. (Bonnie C.)
  • Need to develop a ‘core training’ with “basic food groups” for EA/CalRecycle Trainings (Dennis F.)
  • CIWMB Solicited any training plans from LEA’s (Bonnie C.)
  • Should this training item be a reoccurring item at EAC Meetings? (Mark de B.)
  • Need a clear, organized process representative for each LEA region, with a person who can speak for that region (Bonnie C. & Mark de B.)
  • We’re going to “flush” the quarterly survey and have a real-time discussion @ roundtables with a training representative. The first time we will try to layer structure into the discussion (Mark de B.)
  • CalRecycle would like one training representative per region to review “content chunks” specific to each region; CalRecycle would look for LEA staff to help present training (Bonnie C.)
  • Marie Sessler has been given the task of rolling out the 2010 CEQA training/participated at permit writing 101/worked with Ray S. to develop CEQA training-traditional 2-day + permit process.
  • Ray Seamans and Marie S. reviewed evaluations of training; they developed a conceptual matrix [handout] and they want feedback.
  • CalEPA Basic Inspector Academy requlations a pre-course before entering the class; Bill P. suggests same for CEQA training.
  • CalRecycle would offer ‘Level I’ training several times each year.
  • Proposing training at different levels (Marie S.)
  • The “Go To” persons would act as coordinator or response persons {for LEA training coordination} (Mark de B.)
  • How many LEA’s can physically participate in a web based training? (Mark de B.)
  • IT may mail out access/laptops for webinars (Ted R.)
  • Next Steps: soliciting training topics, identifying needs, see if technology is there (Rebecca L.)

VI. Public Comments


VII. Meeting Adjourned at 1:29 p.m.

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Last updated: March 25, 2010
Enforcement Advisory Council (EAC)
Leta Forland: (916) 341-6395