California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting

Minutes: December 7, 2010

CalEPA Building
1001 I Street
Sacramento, California

Meeting called to order 10:15 a.m.

I. Introductions

Joe Doser, Chair CCLHO (Health Officers)
Greg Pirie, Vice-Chair, Bay Area Roundtable
Lars Seifert, Vice-Chair, Southern Roundtable
Pete Oda Representing South Western Roundtable
Jacquie Adams, Southern Cities
Marina Winslow, Northern Roundtable
Lisa Todd, North Central Roundtable
Brian Pitts, CCDEH
Dennis Ferrier, Northern Cities, Absent
Bill O’Rullian, South Central Roundtable
Vacant Position, Contract Counties
Vacant Position, CalRecycle EA
Gerald Berumen, CalRecycle
Bonnie Cornwall, CalRecycle
Mark de Bie, CalRecycle
Susan Happersberger, CalRecycle
Bob Holmes, CalRecycle
Bob Horowitz, CalRecycle
Rachel Morton, CalRecycle
Ted Rauh, CalRecycle
Kevin Taylor, CalRecycle
Ken Decio, CalRecycle
Koshoua Thao,San Joaquin Valley APCD, Present via phone
Aimee Johnstone, CalRecycle

Next EAC Meeting: Tuesday, February 8, 2011 in Sacramento; Scheduled for 9:30 a.m.-3:30 p.m.

Minutes by Lars Seifert

(The agenda items presented below were generally discussed in the order as listed.)

II. Agenda Review

No discussion. The item order for agenda discussion is dependent upon availability of presenter throughout the day.

III. Approval of Previous Minutes

A motion was made and seconded (Pirie/Doser) to approve the minutes from the October 7, 2010 EAC meeting with minor corrections.

  • Ms. Bonnie Cornwall clarified that current capacity exists to have 80% of all inspection reports be submitted by participating LEAs through SWIS DIP.
  • Mr. Bob Holmes clarified that under AB 1004 owners voluntarily commit to paying into pooled fund. He also requested a correction to clarify that the 5-year review permitting regulations were related to Waste Tire Program facilities on p. 3.

The minutes were approved by a unanimous vote.

IV. EAC Discussion Items

A. Overview of Compost and Mulch Producing Infrastructure (Gerald Berumen)

More information

  • CalRecycle contracted with Integrated Waste Management Consulting, LLC of Nevada City, CA to conduct the study, which was published in August of 2010. Matthew Cotton was the principal researcher/author of the study.
  • The primary survey objectives as presented by Mr. Berumen included an assessment of the number of composters and producers, types and geographical distribution of compostable material feedstocks, quantities of compost feedstocks, and the available markets for composted products in California.
  • In 2008, 115 composting facilities and 115 chipping and grinding operations participated in the survey, which indicated that an estimated 9.3 million tons of feedstock was processed in 2008, a slight decrease from a previous survey conducted in 2003.
  • Agriculture continues to be the single largest market for compost at approximately 30% of the total product.
  • Statewide there is not a reliance on a single market; but in Southern California, a significant amount of green material feedstock is used as ADCs.
  • It was found some barriers exist to expand compost markets due to air and water issue constraints.

Mr. O’Rullian requested further information on the number of agricultural composting operations statewide as it appeared that a critical limitation of the study was a lack of survey feedback from manure composting facilities. Mr. Seifert also requested this information as the quantity of manure composting feedstock in Imperial County is quite substantial.

B. Minor Violation Subcommittee Report

  • No one reported to be utilizing minor violations.

Mr. Mark de Bie stated that CalRecycle had anticipated waiting for approximately 1 year following the implementation of the regulations to re-evaluate. He stated that he would confer with Georgianne Turner and that it could be agendized for discussion at the next EAC Meeting.

Mr. Seifert requested that it also be discussed at the regional roundtable meetings to consolidate an LEA position on options for either removing minor violations from regulations or to modify the process to make it an effective enforcement tool. A concern is that its use is not optional under current regulations as has been interpreted in practice to date.

C. Compost Emissions: New Source Review and PR 4566 (Bob Horowitz)

More information

  • Mr. Horowitz presented an overview of draft rule PR 4566 being proposed by the San Joaquin Valley Air Pollution Control District (SJVAPCD)and its potential impacts on composting operations.
  • His concern is that its requirements to reduce VOC emissions from compost piles may not be possible given CalRecycle requirements for pathogen reduction procedures and that it would likely require expensive aeration procedures to be used.
  • CalRecycle would appreciate feedback from LEAs on the proposed rule.

Mr. Greg Pirie queried as to whether an economic viability analysis would be required as part of the rule implementation. Mr. Horowitz confirmed that this is required.

D. San Joaquin Valley Air Pollution District Draft Rule Update (Call from Koshoua Thao, Senior air Pollution Control Specialist, Central Region, Fresno Office)

More information

  • A draft report and study on the proposed composting emissions rule has been released to the public in September of 2010 and the draft regulations are in process. The proposed rule package is anticipated to be heard by CARB in March of 2011.
  • The SJVAPCD is still soliciting comments specifically on control costs, technical feasibility, economic impacts, and stockpiling timeframes.
  • The South Coast and Bay Area Air Quality Management Districts are also involved in the rulemaking process.

Mr. Horowitz stated that CalRecycle is currently working with UC Davis on a study of VOC emissions from composting that is expected to be published at the end of January 2011. There are early indications that the VOC emissions from composting are not likely precursors for ozone generation. Thank you to Mr. Bill O’Rullian for arranging an update from the SJVAPCD.

E. E-Waste Program Update (Sue Happersberger)

More information

  • Ms. Happersburger provided recent highlights of CalRecycle’s E-Waste Recycling Program since the adoption of the E-Waste Recycling Act of 2003 (implemented in 2005).
  • Over roughly the past 5 years nearly $405 million has been paid by CalRecycle to ensure nearly 1 billion pounds of electronic wastes have been properly processed and recycled.
  • Currently, California has approximately 600 E-Waste Collectors and 60 Certified E-Waste Recyclers.
  • Current and ongoing recycling market concerns involve the exportation of electronic wastes (around 6 million pounds per year) to developing countries, which is still legal under federal regulations.

Ms. Happersberger responded to Mr. Pirie’s question about the future objectives of the program. She stated that improving product stewardship to reduce the burden on local governments to provide electronic recycling services is one of the next focuses of the program.

Ms. Happersburger has been selected to present at the CalRecycle/LEA Training Series and is requesting topics that may be of interest to LEAs. Mr. Mark de Bie suggested that loadchecking (what should LEAs be looking for?) and illegal dumping considerations when electronic wastes are present may be valuable training topics for LEAs.

F. Electronic Submittals of Inspection Data (SWIS DIP Program) (Bonnie Cornwall)

More information

  • Ms. Cornwall announced that Cody Oquendo has replaced Melissa Parker as the SWIS DIP coordinator for CalRecycle.
  • Contra Costa and Sacramento Counties are now participating in the SWIS DIP program.
  • Three LEAs have also signed up to conduct XML batch submittals using Envision Connect by Decade Software.

Mr. Seifert reported that Decade Software has drafted a SQL script package specifically for LEAs to manage LEA programs in Envision Connect and to electronically report inspections to CalRecycle. A workshop meeting and LEA package release is scheduled for January 2011. For more information, please contact Nicki Bradford at Decade Software.

Mr. Pitts provided a cautionary note that CalRecycle should be careful to ensure that no one software vendor is provided proprietary access to the SWIS DIP program. Ms. Cornwall assured the EAC that Decade Software is only providing an alternative to the web-based electronic reporting system that has been initiated by the State, and that the use of Envision Connect is a local database management decision by individual jurisdictions.

Mr. Seifert also reported that Imperial County has drafted a Solid Waste Digital Report Program that seeks to expand the electronic reporting opportunities offered by SWIS DIP to also include a local electronic reporting program. The program would seek to move toward paperless management of all inspection and reporting data between the operators and the LEA as well. A copy of the program would be e-mailed to EAC members if interested. Ms. Cornwall hoped that all LEAs would participate in SWIS DIP so that further steps in electronic data management could be developed for CalRecycle and LEAs.

Meeting Break for Lunch (12:05--1:25 PM)

G. Deputy Director of Compliance & Enforcement Division Report (Ted Rauh)

  • CalRecycle is initiating a re-alignment of personnel over the next 6 months. During which, it is hoped that LEAs would see few changes in CalRecycle’s responsiveness or levels of service provided.
  • CalRecycle is continuing to face resource constraints and approximately half of existing staff are still experiencing furlough days. It is speculated that the budget situation would continue to be challenging for the next year and that a change in leadership with the new Brown administration may be forthcoming. (Update: Margo Reid Brown has stepped down as CalRecycle Director as of January 3, 2011.)
  • The program focus areas for 2011 include the following areas:
    • Remediation/cleanup of undocumented vessels
    • Financial assurance regulation implementation for non-water release corrective action costs/plans
    • Expansion of CalRecycle’s direct oversight role for permitted waste tire facilities (due to lack of expended grantee funds from the Tire Recycling Management Fund and a backlog of State inspections)
    • LEA program evaluation reviews
    • Closing the Bonzi Sanitation Landfill near Modesto
    • Shifting staff resources from minimum content programs to implement the extended producer responsibility bills for paints (AB 1343) and carpet (AB 2398)
    • Continuation of fraud detection and prosecution efforts related to California’s Bottle Bill

H. Solid Waste Permit Application Update (Mark de Bie)

No update at this time.

I. Permit Process: 5-Year Permit Review Guidance (Mark de Bie)

  • Mr. de Bie reported that the recent feedback received from the LEAs has illustrated that there may be policy questions that need to be addressed prior to moving forward with the guidance document.
  • The next proposed step by Mr. de Bie was to seek EAC feedback on a strategy to move forward with policy direction recommendations and also to solicit further clarification from the LEAs on why there seemed to be a general view that processing a permit revision application was held to be equivalent to conducting a five-year permit review.
  • The EAC concurred with a request by Mr. de Bie to introduce a series of specific questions to the LEA roundtable members to achieve a better understanding of what actions are typically taken by LEAs when they process permit revision and permit review applications submitted by operators. Feedback information is to be compiled and forwarded to Mr. de Bie from the EAC when completed.

J. Ralph Hunter Award (Rachel Morton/Joe Doser)

More information

  • No applications have been submitted to date.
  • The award nomination information has also been forwarded to CCDEH in an effort to seek nominations for this solid waste achievement award from Environmental Health Directors.

K. Draft Guidance on Anaerobic Digestion at POTWs (Ken Decio/Mark de Bie)

The report is available online.

  • Follow-up discussion was provided on the previous request by Greg Kester of the California Association of Sanitation Agencies to revise the Anaerobic Digestion Guidance Document to provide a blanket CalRecycle/LEA permitting exclusion for publically owned treatment works (POTWs) conducting anaerobic digestion of other organic wastes (e.g. food wastes, manures, green waste).
  • Due to expressed LEA preference to maintain local discretion in determining whether a solid waste handling permit would be required, Mr. de Bie stated that CalRecycle’s current guidance is adequate.

L. CalRecycle/LEA Technical Training Series (Bonnie Cornwall)

More details and registration information

  • Ms. Cornwall reported that the Steering Committee was still meeting to plan sessions and to ensure that the sessions were targeted and applicable to LEAs. Some sessions will grant continuing education contact hours for the REHS program.
  • Notices and registration information is scheduled to be sent to all LEAs prior to Christmas.

M. Topics for Discussion at Roundtables (Ken Decio)

  • Topics requested to be placed on the Regional Roundtable Meeting Agendas included:
    • 5- year permit reviews (Mark de Bie)
    • Anaerobic digestion at dairy/CAFO operations (Bill O’Rullion)
    • Agricultural composting operations (Bill O’Rullion/Lars Seifert)
    • Prop 26 and potential impacts to LEA programs (Brian Pitts/Lars Seifert)
    • Impacts of CalRecycle restructuring on LEAs (Mark de Bie)

Mr. Seifert reported that Imperial County is currently evaluating whether Prop 26 may restrict the ability to adopt a proposed Waste Tire Recycling Fee Ordinance that has been developed by the County in coordination with the Imperial County Illegal Dumping Task Force and local tire industry stakeholders. The ordinance would mandate a fee to be paid to tire service providers for each tire removed from a vehicle to cover their disposal and/or recycling costs. The primary objective was to provide a disincentive for vehicle owners to take their waste tires with them from the service shops (and potentially dispose them illegally) as they would still be required to pay the disposal fee. A small portion of the fee was to be remitted to the County/Cities to assist with funding waste tire cleanup projects and programs.

Mr. de Bie introduced Aimee Johnstone to the EAC members as she will be handling travel arrangements for the group. Also, Mr. de Bie announced that Mr. Ken Decio would be taking over Rachel Morton’s responsibilities for the Regional Roundtable Meetings as she is retiring from CalRecycle.

N. Legislation/Regulations (Bob Holmes)

Legislation:

No new legislation to report.

Regulations:

  • Rulemaking continues on regulations proposed to expand the streamlined penalty program to include tire facility violations and clarify enforcement penalty criteria.
  • Rulemaking continues on regulations related to the storage of waste tires and to modify the permitting process for waste tire facilities to incorporate a five year review and renewal process versus an expiration of the permit each five years.
  • Mr. Howard Levenson will be continuing with the implementation of the Carpet Stewardship Program (Perez, AB 2398) and the Paint Recovery Program (Huffman, AB 1343), but neither of these programs will impact LEAs.
  • Mr. Holmes also reported that the proposed CDFA regulations relating to renders, collection centers, dead animal haulers, and transporters of inedible kitchen grease has been put on hold pending further discussion with CalRecycle about the extent of the regulations reach into solid waste industry processes. The regulations will likely not require CDFA permitting for meat scrap disposal from retail facilities and will not be revised until after March 2011. (Update: CDFA Notice of Discontinued Rulemaking issued on December 14, 2010)

V. EAC Resolutions

A. EAC Resolution No. 2010-02 to thank Rachel Morton (Greg Pirie)

An EAC Resolution honoring Ms. Rachel Morton for her distinguished career with CalRecycle and thanking her for her tremendous assistance to LEAs over the years was presented by Mr. Greg Pirie on behalf of all LEAs.

The resolution was passed unanimously by the EAC and presented during the meeting.

VI. Public Comments

None.

VII. Next EAC Meeting February 8, 2011 in Sacramento

An EAC meeting on Monday, February 28, 2011 in Monterey was also tentatively discussed.

VIII. Meeting adjourned at 3:00 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 11, 2011 
Enforcement Advisory Council (EAC) http://www.calrecycle.ca.gov/LEA/EACouncil/
Leta Forland: Leta.Forland@calrecycle.ca.gov (916) 341-6395