California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting

Minutes: January 8, 2009

CalEPA Building, Room 230
1001 I Street
Sacramento, California
9:30 a.m.-3:30 p.m.

Meeting called to order 9:41 a.m.

I. Introductions

Rebecca LaFreniere, Chair Southern Roundtable
Leonard Grossberg, Vice Chair South Western Roundtable
Dennis Ferrier, Vice-Chair, Northern Cities Roundtable
Greg Pirie, Bay Area Roundtable
Bill Prinz, Southern Cities Roundtable
Trey Strickland, Northern Roundtable
Brian Pitts, South Central Roundtable (teleconference)
Ernie Genter, Contract Counties
Moushumi Hasan, North Central Roundtable
Vanessa Cordier, 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
Mary Madison-Johnso, CIWMB
Georgianne Turner, CIWMB
Bill Orr ,CIWMB
Glenn Young, CIWMB
Ted Rauh, CIWMB
Lorraine Van Kekerix, CIWMB
Jeff Hackett, CIWMB
Dawn Owen CIWMB
Sabra Ambrose CIWMB
Skip Amerine, CIWMB

Next meeting scheduled for Thursday, March 12, 2009 in Sacramento, 9:30 a.m.-3: 30 p.m.

Minutes by Leonard Grossberg

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. Several items will be added to the agenda if time permits.

III. Approval of Previous Minutes

Minor spelling corrections were made to the minutes of the EAC meeting held on October 8, 2008.

A motion was made and seconded (Prinz/Grossberg) 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). Board has agreed to make changes in the permit application that will clearly address questions like “peak tonnage” versus permitted tonnage. The package will then be reviewed by Ted who will determine the next action.

    Mary announced that she will be retiring from the Waste Board after 32 years of service at the end of this month. Congratulations!

  • Resolution 2007-05--Closed Sites with Multiple Owners, Subcommittee Update (Bill Orr). The workgroup is awaiting feedback from the next round of scheduled roundtables. Once comments are received, the draft guidance document will be put together and circulated by e-mail, before bringing it to the EAC for final approval.
  • Resolution 2006-01--Efiling Data to CIWMB and Solid Waste Information System (SWIS) Database Accessibility (Bonnie Cornwall).
    • Two LEA’s have begun testing (San Diego County, and Merced) the web-based system.
    • Barriers with Envision Connect are being worked out; costs issues, availability, etc.
    • Advantages: No stamps, envelopes, paper, or storage of documents needed. All copies are sent electronically (ecc).
    • The requirement to have an IT contact and involvement was not meant to be prohibitive and is loosely monitored and controlled by staff now, making it easier to comply.

V. EAC Discussion Items

A. CCLHO Representative on EAC (Donna Heran)

Vanessa Cordier was in attendance as the new representative and is awaiting final approval by the committee.

B. Circulation of Guidance Documents (Rebecca Lafreniere)

  • Looking for critical flaws in comments (for example: acknowledging short turn-around time in AB2679).
  • Is it possible that the link with the Solid Waste Policy Committee and legislative issues may be weak? Are the technical advisory groups reporting back? Are there options available on how to coordinate these efforts? Do we need better communication?
  • It was requested that a letter from the EAC be drafted that would define our expectations of the CIWMB. (Greg Pirie and CIWMB staff will draft the letter.)

C. Minor Violations and other AB 2679 Implementation Issues (Jeff Hackett)

Summary of the major provisions in handout ”Enhanced Enforcement”:

  • Implementation will require additional phases, possibly new forms, and additional paperwork by the LEA’s. Some guidance and explanations will be necessary (when is it an area of concern versus a minor violation?)
  • Possible pilot program to see if it works.
  • LEA’s can choose to continue using old inspection style and not use “minor violations.”
  • Documentation of minor violations which have been corrected need to be scanned into the database to show compliance and noted in the next inspection report as being corrected.
  • Industry will probably have an opinion on what is a “minor violation” and who will be able to access and see the Notice to Comply orders.
  • There was discussion on inspection reports versus notice to comply orders and the need for signatures on electronic filing of these.
  • It was noted that a “minor violation” is not an enforcement action (only a “Notice to Comply” is), and therefore cannot be appealed
  • It was requested that comments to improve, make changes, or to be more effective be directed to Georgianne Turner or Jeff Hackett.

D. Landfill Gas Monitoring Plan Update (Bill Orr)

Staff is reviewing plan submittals and so far have received 14 plans that are not due until September 2009.

  • Of the more than 100 submittals; 21 have staff concurrence, 8 have parallel review approval, 45 have been returned for more information, and 33 were re-submittals.
  • Staff is looking at who has not submitted their plans (estimate 15-20 more?)
  • Specialty landfills will receive separate notices to apply for exemptions.
  • Interagency agreement with the Department of Toxic Substances Control (DTSC) will provide geotechnical review assistance.

E. Strategic Directive 8.4 Regulatory Review (Mark de Bie)

Staff priorities are regulations that are based on sound science and assessments of markets. To accomplish these goals, staff will:

  • Conduct field visits.
  • Connect with other states to see how they do it.
  • Review scientific literature.

Staff is looking at the 3-part test and contaminated green material with assistance from Cal/Poly San Luis Obispo as to why contamination is measured in weight versus volume (you end up with large volumes of light materials), and industrial waste going to material recovery facilityes (MRF) and the effects of the 10% contamination numbers.

  • Farm & Ranch Composting Issues (Bobbie Garcia). Since these may be seasonal items, request for low level oversite.
  • Alternative Daily Cover (ADC) (Ken Decio). Use of MRF/construction and demolition (C & D) fines tend to be very interesting. Looking at wet environments, settings, composition, etc. If green waste is removed from ADC, look for more MRF fines to take its place.
  • Food Waste (Ken Decio). Exploring lower level tier on regulations when mixing with green waste at certain amounts.
  • Organics-Land Application vs. Disposal. (Ray Seamans). California Department of Food and Agriculture (CDFA) has not released findings on agricultural/agronomic use.
  • Emerging Technologies (Ray Seamans). Looking at the Board's role in anaerobic digestion, gasification, plasma arc, and ethanol production from solid waste feed stocks.

F. Legislation/Regulations (Bob Holmes)

Review of current legislation:

  • SB44: Initiative to eliminate the Waste Board members. It would fold Board staff into the Department of Conservation by January 1, 2010 and eliminate the CIWMB Board members altogether. Options also being considered are a part-time Board, or using existing CalEPA Boards.
  • AB 2695: “Illegal Disposal”: (Niello) Legislation from 2008, it may be re-introduced.

Regulations:

  • Gas Monitoring Controls: Final rulemaking to Office of Administrative Law (OAL) in January. Scheduled for Board hearing February 18, and is expected to be approved.
  • Waste Tire Hauler Manifesting Changes: Is on the agenda plus 15-day comment period (this is an update to existing regulations and specifies hauler registration and penalty issues, as well as cleaning up some language.)
  • Financial Assurance: Formal process and approval expected by the end of January.

G. Recyclables (storage & solid waste facility permit) (Mark de Bie)

The China commodities market collapse has had a great impact at local facilities. Materials are being held longer at sites, and thus accumulating larger volumes. Looking at guidance to stay out of non-compliance issues (short and long term solutions). Possible solutions could include revising the constraints on existing permit limits, storing at alternate locations, and opening up a dialog with site operators to help develop local markets, or seek alternative results.

H. CIA Inspection Program (Glenn Young/Dawn Owen/Sabra Ambrose)

The program is offering new funding to facilitate investigations, inspections, and enforcement. Lab services are also now available, including continuous monitoring of buildings, as well as assistance with aerial pictures and overlays. The development of the webinar training is scheduled for this summer.

I. WCMP Director Report (Ted Rauh)

  • Three newly appointed CIWMB Board members have joined the ranks: John Laird of Santa Cruz, Carol Midgen from the Bay area, and Sheila Kuehl from Santa Monica. Welcome aboard!
  • Uncertainty if Board will continue to stay intact, disband, or even change pending new legislation.
  • Funding of Board projects comes from special funds (i.e.: tipping fees, tire hauler registration, etc.) and not the general state fund. Due to the current state of the economy, it is expected that there may be a reduction in funds and budgeting in the near future.
  • Continue streamlining the “Tire Hauling Registration & Enforcement” program.
  • Solid Waste Clean-up Program celebrates its 15th year with over 1,000 sites cleaned up.
  • Border region (San Diego/Tijuana) continues to address trash and tire collection by contracting to have new collection points and to prevent intrusion by developing plans to work on future programs.
  • Tire funds for the next 5-years will be on the February agenda.
  • Long Term Financial Assurance: Possible regulatory options and how to address the gaps.
  • 50% Diversion of Organics: Environmental Impact Report to address constraints at MRF’s, stand alone sites, and sites with anaerobic digesters. Ongoing discussions to include Air Board and Water Board entities.

J. Training and LEA Conference (Bonnie Cornwall)

Staff is looking to re-format the training survey forms in order to bring out better interests and topics from LEA’s. Training for CEQA and State Minimum Standards will continue to rotate (once every other year) its training, and both trainings will continue to be fine tuned. The task force on illegal dumping will use the toolbox forum to develop what works and what can be done effectively. Closed, illegal and abandoned (CIA) disposal sites training is in the planning stages (maybe a webinar for LEA’s that can’t travel). The next conference will be held in Monterey, CA on October 19-22, 2009 (planning committee to be formed soon).

K. Other Issues (Rebecca Lafreniere)

  • Pharmaceutical Waste/Stakeholders Updates: Still being looked at and trying to develop a user friendly link.
  • State/local budget constraints on training and conference attendance: Noted reduced travel allowed by some jurisdictions (entire staff not allowed to attend), issuing of LEA grant funds and conference timing (cannot register for conference until funds are in hand), reimbursement checks held up. Discussion of which training is mandated for LEA’s to attend and how to better present opportunities to allow attendance.

VI. Public Comments

None.

VII. Meeting Adjourned at 2:45 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: March 16, 2009
Enforcement Advisory Council (EAC) http://www.calrecycle.ca.gov/LEA/EACouncil/
Leta Forland: Leta.Forland@calrecycle.ca.gov (916) 341-6395