California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting

Minutes: March 12, 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
Dennis Ferrier, Vice Chair Northern Cities Roundtable
Greg Pirie, Bay Area Roundtable
Bill Prinz, Southern Cities Roundtable
Trey Strickland, Northern Roundtable
Mark Johnson, Northern Roundtable
Bill O’Rullian, South Central Roundtable
Ernie Genter, Contract Counties
Moushumi Hasan, North Central Roundtable
Vanessa Cordier, California Conference of Local Health Officers (CCLHO)
Robert McClellon, California Conference of Directors of Environmental Health (CCDEH)
Bob Holmes, CIWMB
Bonnie Cornwall, CIWMB
Mark de Bie, CIWMB
Rachel Morton, CIWMB
Ray Narayan, CIWMB
Georgianne Turner, CIWMB
Bill Orr, CIWMB
Ted Rauh, CIWMB
Lorraine Van Kekerix, CIWMB
Jeff Hackett, CIWMB
Ken Decio, CIWMB
Bobbie Garcia, CIWMB
Mara Ponce, California State University Sacramento Journalism

Next meeting scheduled for Thursday, April 23, 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

A motion was made and seconded (Prinz /Pirie) to approve the minutes from the January 8, 2009 EAC meeting. The minutes were approved by a unanimous vote.

IV. EAC Resolutions--Status and Updates

  • Resolution 2007-02--Permit Application and Instructions Subcommittee Update (Mark de Bie, Rebecca Lafreniere). The Board has agreed to make changes in the permit application that will clearly address questions like “peak tonnage” versus permitted tonnage. Strategic Directive 8.4 may lead the way to initiate regulation repairs. EAC would like to keep the issue open and step up the priority so that it does not get swept away and will send a letter to Ted to request just that.
  • Resolution 2007-05--Closed Sites with Multiple Owners Subcommittee Update (Bill Orr). The workgroup is awaiting feedback from the 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 Once comments are received, the draft guidance document will be put together and circulated by e-mail, before bringing it to the EAC for final approval.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). Barriers with Envision Connect are being worked out; costs issues, availability, etc., and continue to move forward.

V. EAC Discussion Items

A. CCLHO Representative on EAC (Robert McClellon)

Vanessa Cordier has received final approval by the committee to continue as the new representative until further notice.

B. Minor Violations and other AB2679 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?)
  • 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 submitting 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.

C. Landfill Gas Monitoring Plan Update (Bill Orr)

Staff is reviewing plan submittals. Of the 146 submittals 135 have been received by the LEA’s, 66 have been approved, 3 landfills have not submitted and the rest are wood waste landfills or inert facilities.

  • Specialty landfills will receive separate notices to apply for exemptions.
  • Interagency agreement with Department of Toxic Substances Control (DTSC) will provide geotechnical review assistance.
  • Regulations went into effect on 2/18/09.
  • LEA’s are now under the 60 day clock for reviews.

D. Grants (Ray Narayan)

Question from the workshop on LEA grants; “Will LEA’s be required to document receipts for all purchases?” Answer: Not in EA-19 as the conditions were not spelled out, yet in the future, information on vendors, dates, check numbers, etc. may be requested.

E. Emergency Waivers of State Minimum Standards (Mark De Bie)

A facility that fails to meet state minimum standards as a result of an emergency (i.e.; fire) should receive a violation until it meets state minimum standards. The waiver is used to help in emergency recovery and not with the effects of the emergency on the facility.

F. Strategic Directive 8.4 Regulatory Review (Bobbie Garcia)

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 facilities (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. Though the seasonal items may have been the original concern, topic has expanded to allow for curbside greens to be imported on to agricultural lands, composted and shipped offsite.
  • Food Waste: (Ken Decio) Exploring lower level tier on regulations when mixing with green waste at certain amounts.
  • Monthly inspections versus quarterly inspections?
  • Noted that single stream recycling is very difficult to keep at <10% for curbside collection.

G. Legislation/Regulations (Bob Holmes)

Review of current legislation:

  • SB44, AB 1150: Initiative to eliminate the Waste Board members. It would fold the waste 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.
  • AB68, AB87, SB228: Three bills proposing carry-out bags be charged a fee to reduce the use of single-use containers.
  • AB147: Electronic device manufacturers would have to show that devices are not prohibited from sale.
  • SB26: Coordinate with other agencies, governments, drug manufacturers, and pharmacies to manage pharmaceutical wastes and the disposal of devices.
  • AB274: Prohibits sale of closed solid waste landfill unless intended purchaser provides evidence of financial assurance.
  • AB283: Extends producer responsibility program.
  • AB479: State mandated programs for 60% diversion by 2015.
  • AB478: Reduction of greenhouse gas emissions from solid waste reduction and recycling.
  • SB25, SB1020: Raises the state diversion rate to 75%.
  • SB167: Adjusts the 5 year plan for tires to include the Mexico-California border region.
  • SB730: Limits the ability to use grants for exporting of solid waste.

Regulations:

  • Gas Monitoring Controls: Passed board hearing in February.
  • Waste Tire Hauler Manifesting Changes: Adopted rulemaking in April.
  • Auto Shredder Waste: It is OK to use as alternative daily cover (ADC) if it’s not hazardous. Several treatments showed that contamination levels did not meet standards for waste disposal. DTSC has granted the shredder industry’s request for an extension of its decision (re: repealing its conditional authorization that shredder waste to be disposed of as non-hazardous) until June 30, 2009.

H. Recyclables (Storage & Solid Waste Facility Permit) (Mark DeBie)

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 permits limits, storing at alternate locations, and opening up a dialog with site operators to help develop local markets, or seek alternative results.

I. Waste Compliance and Mitigation Program (WCMP) Director Report (Ted Rauh)

  • Three newly appointed CIWMB Board members have joined the ranks: John Laird of Santa Cruz, Carol Migden from the Bay area, and Sheila Kuehl from Santa Monica.
  • Focus on climate change issues and direction of the Board over the next 12-18 months.
  • 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 will be no reduction in funding except in the household hazardous waste and used oil block grants.
  • 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.
  • CAL/EPA workgroup on “Performance Indicators” will look at US/EPA data for use in CA.
  • Recycling facility complaints are up (market driven and due to current economic situations), and are influenced by quality issues (contaminated products).
  • Waste tire storage areas are subject to local code requirements.
  • Use of tire aggregate acceptance by schools in bid documents shows schools are more accepting that the product is viable.

J. Training and LEA Conference (Bonnie Cornwall)

  • “Not a Conference”, rather a technical symposium, will be re-scheduled for October 2009 possibly in Sacramento, CA.
  • Looking at providing continuing education units (CEU) for Registered Environmental Health Specialists, and Solid Waste Association of North America (SWANA) at conference.

K. Other issues

Anaerobic Digestion Facilities (Ken Decio): Gathering information to develop a statewide environmental impact report focused on food wastes, dairies, and similar sources. Project is tied to getting items out of the landfill. “How can the State help with the siting?” It can be used to develop documents for other projects and processes (gasification).

VI. Public Comments

None.

VII. Meeting Adjourned at 3:16 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 30, 2009
Enforcement Advisory Council (EAC) http://www.calrecycle.ca.gov/LEA/EACouncil/
Leta Forland: Leta.Forland@calrecycle.ca.gov (916) 341-6395