California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting

Minutes: September 30, 2009

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

Meeting called to order 9:34 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
Brian Pitts-South Central Roundtable
Joe Doser-CCLHO
Bob Holmes-CIWMB
Bonnie Cornwall-CIWMB
Rachel Morton-CIWMB
Steven Levine-CIWMB
Amy Norris-CIWMB
Mark de Bie-CIWMB
Ted Rauh-CIWMB
Georgianne Turner-CIWMB
Lorraine Van Kekerix-CIWMB
Mike Wochnick-CIWMB
John Macanas-CIWMB
Cara Morgan-CIWMB
Howard Levenson-CIWMB
Scott Walker-CIWMB
Melissa Hoover-Hartwick-CIWMB
Loretta Sylve-CIWMB

Next meeting scheduled for Thursday, December 10, 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 July 14, 2009 EAC meeting with minor corrections. The minutes were approved by a unanimous vote.

IV. EAC Resolutions--Status and Updates

A. Resolution 2009-01: Circulation of Guidance Documents (Bill Prinz)

Will attempt pro-active approach to new regulations and legislation as they come up in one of two ways:

  • Full review (allows for thorough and comprehensive review)
  • Expedited Review (used when time constraints require a quick response)

Discussed minor changes to document, and how the elimination of the Waste Board will impact ability to interact in the future. Document will be circulated with changes (suggested to remove “significant” from wording, and switch order of #6 & #7) this week, and final comments for submission.

B. Minor Violations: Subcommittee update (Deborah Biersteker)

Some issues still lingering:

  • Is the current inspection report a “notice to comply”?
  • Minor violations are not associated with any penalties/fines.
  • There is no history behind the legislation.
  • Most LEA’s are not using it, and are waiting to see if a better tool will be recommended after 1-2 years of review.

After some examples and FAQ’s questions, there was discussion on what is the best way to proceed (work hard at defining the issues or shelve it until it triggers a response), and it was agreed to take the wait a see approach.

  • LEA’s should incorporate the new procedure into their EPP, even if they are not using the process!

C. Ralph Hunter Award (Rebecca Lafreniere)

Nominations were rated and scored, and the EAC voted on the nominee for the 2009 award. A resolution will be drafted and submitted with the winner’s name and the award will be presented at the October training symposium.

D. E-Filing Data to CIWMB and Solid Waste Information System (SWIS DIP) Database Accessibility (Amy Norris/Bonnie Cornwall)

Updates:

  • Use of system would solve some of the miscommunication problems.
  • The time-out problem has been fixed.
  • The adding attachments page has also been fixed.
  • It is user friendly!

E. Resolution 2007-02: Permit Application and Instructions-Subcommittee Update (Mark de Bie, Rebecca Lafreniere)

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.

EAC will forward the document out for comments by mid-October, as it may go before the Board as a formal regulations package in late October. No update from TMAC.

F. Resolution 2007-05: Closed Sites with Multiple Owners (Scott Walker)

Staff is drafting a point paper discussion on the addition of multiple jurisdictional issues (limited sites in the state) to the final draft document. Pending final comments and revisions from the EAC prior to our next scheduled meeting, the EAC is in agreement with the draft pending the changes discussed.

V. EAC Discussion Items

A. Landfill Gas Monitoring Plan Update (Georgianne Turner)

Handout on uniform enforcement with 5 scenarios discussed. A recommendation was made to add an explanation to the introduction on the intent of the regulations so that the LEA’s don’t feel it is in conflict with their Enforcement Program Plan (EPP). There is a benefit with uniformity. Document will be modified and sent out for comments as All LEA Distribution.

B. Program Director Report (Ted Rauh)

Landfill Gas Plans: All of the plans have been submitted and are being implemented! Most of the plan extensions (24 submitted) have been concurred with. Pending 12 small landfills which still are required to submit a plan, and staff has 1-year to review and implement.

Transition from Board to Department: Board staff and Division of Recycling will combine into DOC “Department of Recycling” on January 1, 2010. All functions of the Board will rest with the Executive Director position for 1 year (possible new administration the following year, and who knows what will happen?)

No proposed changes in the level of support for:

  • EAC
  • LEA grants
  • Tire grants
  • CCDEH

Goals during transition are to maintain the level of service, continue the partnership efforts, and keep transparency.

Looking ahead:

  • Continue the use of internet communications
  • Continue public comments and open process
  • Keep the permitting process open to earlier participation with LEA’s by CIWMB (thus shorter approval times)

C. Legislation/Regulations (Bob Holmes)

AB 274: Post Post-closure issues, establishes a pool fund of 12 ton, when operators cannot pay for it. Possible seat for LEA’s when the regulations are developed.

SB 167: Tires / border region addresses a 5 year plan.

SB 230: Hauler Registration Enrolled! Exemption for hauling illegally disposed tires.

Rulemaking: Phase II Post Closure Financial Assurance-Started the 45 comment period.

  • New opportunity for operators to submit site specific site info.
  • BMP’s

Within 6 months after the regulations take effect (May 2010)

“Proactive Monitoring Plan” allows an operator to step down the annual Post Closure Maintenance.

D. AB32 Mandatory Commercial Recycling (Leonard Grossberg)

Scheduled Agenda Item #8 for September Board Meeting. Two workshops held:

  • Requires those businesses with 4 cubic yard bins or more into a mandatory program to conduct outreach and education.
  • Enforcement by the LEA’s will be optional.
  • Flexibility for the jurisdictions is allowed.
  • MOU with the Air Resources Board for the Board to enact regulatory language.

Discussion on impacts to LEA’s, minimal reduction in volume over time, Results to be tracked through waste characterizations. Contact Tracey Harper

E. Expiring Temporary Permits and CEQA Challenges (Rebecca Lafreniere/Mark de Bie)

Clean MRF can limit incoming waste streams.

F. Partnership Sessions (Bonnie Cornwall/Rachel Morton)

  • Are there any issues that are being missed by the process?
  • Proposed 4-hour session with a positive action result in the end.
    • Group exercises
    • Report on group activities
    • Solutions/strategies
    • Action items
  • Transition from Board to Department is a clear choice of concern.
  • Discussion on format and topics for the conference
    • Single point of contact
    • Transition of Board to Dept.
    • Minor Violations
    • Notification of contacts with sites & operators
    • Evaluations
    • Regulations

Request for volunteers to help finish the topics and prepare definitions for the sessions (Lafreniere, Biersteker, Pirie, Prinz, de Bie, and J. Malan for introduction.)

G. Clean-up Grant Funding (Rebecca Lafreniere)

A “maintenance plan” is now required as a condition of a grant award!

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

  • Conference is full!
  • Use of more LEA’s for trainers for the State Minimum Standards Training.

I. EAC Membership (Lafreniere)

  • Vacant seats:
  • Contract counties
  • EA
  • CCLHO (pending approval)
  • CCDEH (Brian Pitts)
  • South Central Roundtable?

VI. Public Comments

None.

VII. Meeting Adjourned at 2:55 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: February 10, 2010
Enforcement Advisory Council (EAC) http://www.calrecycle.ca.gov/LEA/EACouncil/
Leta Forland: Leta.Forland@calrecycle.ca.gov (916) 341-6395