California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting

Minutes: July 29, 2010

CalEPA Building
1001 I Street
Sacramento, California

Meeting called to order 9:33 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
Marina Winslow, Northern Roundtable
Deborah Biersteker, North Central Roundtable
Brian Pitts, CCDEH
Joe Doser, Absent, CCLHO
Dennis Ferrier, Vice Chair, Northern Cities
Bill O’Rullian, South Central Roundtable
Vacant Position, Contract Counties
Vacant Position, EA CalRecycle
Bob Holmes, CalRecycle
Bonnie Cornwall, CalRecycle
Rachel Morton, CalRecycle
Gerald Berumen, CalRecycle
Mark de Bie, CalRecycle
Ted Rauh, CalRecycle
Georgianne Turner, CalRecycle
Kevin Taylor, CalRecycle
Scott Walker, CalRecycle
Pat Paswater, CalRecycle
Ken Decio, CalRecycle
Lorraine Van Kekerix, CalRecycle
Virginia Rosales, CalRecycle
Eric Kiruja, CalRecycle
Diana Rivera, CalRecycle

Next EAC Meeting: Thursday, October 7, 2010 in Sacramento; Scheduled for 9:30 a.m.-3:30 p.m.

Minutes by Leonard Grossberg

(The agenda items below were not necessarily discussed in the order they are presented.)

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 (Pirie/Prinz) to approve the minutes from the April 29, 2009 EAC meeting with minor corrections. The minutes were approved by a unanimous vote.

IV. EAC Resolutions--Status and Updates

A. Minor Violations--Subcommittee Update (Deborah Biersteker)

(Dennis Ferrier, Debra Biersteker, & Joe Doser on Committee)

Sub-committee reports that the use of “minor violations” continues to be confusing and really non-eventful.

B. E-Filing Data to CalRecycle and Solid Waste Information System Digital Inspection Program (SWIS DIP) Database Accessibility (Bonnie Cornwall)

Updates:

Application is now on the webpage. Electronic submittals can have digital pictures attached. 34 (75%) of LEAs now participate in electronic submittal.

V. EAC Discussion Items

A. Landfill Gas Monitoring Plan Update (Georgianne Turner)
  • 35 sites with elevated landfill gas
  • Half are on the inventory list and/or compliance list

B. Program Director Report (Ted Rauh)

  • Cal Recycle has proposed a new fee by regulation for closure/postclosure (based on size, cost is divided among 286 closed & operating landfills).
  • Financial Responsibility: Several Bills
    • AB1998: Plastic bag bill, one to watch as there is a move to ban the use of plastic bags and promote the use of reusable bags.
    • Household Battery recycling (pending).
    • 2008/2009 audit on plastic bag manufacturers on recycled content: Forty-five percent could not provide technical justification to meet conditions!

C. Legislation/Regulations (Bob Holmes)

Legislation to watch:

  • AB 274: Post postclosure maintenance/corrective actions. Establishes a pool fund of 12 ton, when operators cannot pay for it. Minimum participation is 50% of active waste operators.
  • AB 1004: Pushes AB 274 out 6 months.
  • AB 2398: Manufacturers and retailers part of recycling plans (stewardship).
  • AB 1343: Manufacturers and retailers part of recycling plans (stewardship).
  • SB 1100: Manufacturers and retailers part of recycling plans (stewardship).
  • AB1998: Prohibits plastic carry out bags. Promotes reusable bags or fee for paper bags.
  • AB 224: BioReactive bill.

Regulations:

  1. New fee for closure/postclosure
  2. Streamline enforcement actions for tire facilities
  3. Storage of tires at tire facilities
    1. New fire standards
    2. Increase tire storage volumes (temporary)

D. Permit Process 2010 in the New Department (Mark de Bie)

Updating advisories:

  • 5 year review
  • Administrative changes

Needing further review:

  • Timing Reviews outdated
  • Minor changes
  • Modified permits

Finalizing draft revisions and will ask the EAC for comments.

E. LEA Evaluations (Georgianne Turner)

Improvement from previous review cycle: 39% of LEA’s previously on work plans reduced to 20%!

Fourth Cycle review: So far 35 LEA’s have fulfilled their duties, 9 have fulfilled most of their duties, and only 11 have been placed on work plans. Trends show improvement by LEA’s, although no improvements shown in maintaining certification requirements.

F. Food Waste/Diversion (Bill O’Rullion)

LEA’s are finding discrepancies in waste streams from conditional use permits and environmental impact reports. Continues to be a dilemma with definitions of food waste, food material, etc., and compostable.

G. Treated Wood Waste (Mark de Bie)

Landfills allowed to accept waste were refusing to accept due to confusion. Currently working with Water Board and Department of Toxic Substances Control (DTSC) for updates to send a sample letter (handout) to operators. Will request that the EAC direct CalRecycle to draft a letter.

H. Alternative Daily Cover Guidance (Mark de Bie)

  • August 9, 2010 workshop
  • Continue to track DTSC auto-shredder waste issue
  • New ADC demo projects planned

I. Proposed Best Management Practices (BMP) for Non-Water Corrective Action Work Plans (Scott Walker)

Prepare BMP guidance documents by January 1, 2011. (Working on documents to assist operators prepare these documents.)

J. Training and LEA Conference (Bonnie Cornwall)

Conference Follow-up: Are there any items that are not being addressed?

Next Conference:

  • Conference steering committee to start forming in late August (looking for volunteers and topics!)
  • Conference still scheduled for February 28 to March 3, 2011 in Monterey, CA.

Communications training planned including case studies, challenges, and communicating with operators.

K. Pathogens in Finished Compost (Jerry Berumen, Ken Decio)

Recently published article identifies Oregon and California with e-coli and salmonella found in processed compost. This is a request for the LEA’s to gather additional information and data to see if we agree (or not) with the article results. Group discussion on sampling methods and other forms of possible contamination, comparison of data from other states, and need for action at this time. Handout to pass out at the next roundtable meetings reviewed.

L. California Department of Food and Agricultures (CDFA) Proposed Regulations for Renderers, Collection Centers, Dead Animals, and Transporters of Inedible Kitchen Grease (Bob Holmes, Jerry Berumen, Pat Paswater)

Issues:

  • Carcass Disposal–No issues to discuss
  • Quarantine–European grapevine moth, CDFA is conducting mandatory meetings. Discussion on CDFA authority and compliance agreements (for transfer stations, landfills, and composting facilities).
  • Compost Labeling–Only applies to nutrient claims (see AB 856 from 2009). Organic farming claims added to include justification.
  • Land Application (identified in 8.3 directives)-White paper removed all references of CDFA! In discussion with CDFA/CalRecycle regarding involvement which is still unresolved.
  • Meat Scraps–There were some solid waste facilities that were receiving material that should be going to renderer (CDFA issued a notice). Revision to CDFA rules on haulers and renderers. CDFA is willing to hold public hearings to discuss issues in Aug/Sept.

M. Screening for Lead in Paint from Demolition Projects Prior to Disposal (Bill Prinz)

Request for what other LEA’s are doing to load check wood debris brought into landfills or transfer stations for disposal.

N. Farm and Ranch Composting/Compostable Material Storage (Mark de Bie)

August 9, 2010 workshop on all 8.3 directive issues including this one. Proposal to open up composting regulations to allow stable product to remain on-site longer.

O. Ralph Hunter Award (Greg Pirie)

  • Establish a committee to review the meaning and criteria for granting the award (Greg, Dennis)
  • Review the rating sheet and propose a new format or corrections
  • Consider allowing flexibility on issuing the award (zero, 1, or 2 awards annually) and should we consider using past applicants, or those that may not meet conditions (retired personnel).

P. Other Issues

None

VI. Public Comments

None.

VII. Next EAC Meeting October 7, 2010 in Sacramento

VIII. Meeting adjourned at 3:05 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: October 13, 2010
Enforcement Advisory Council (EAC) http://www.calrecycle.ca.gov/LEA/EACouncil/
Leta Forland: Leta.Forland@calrecycle.ca.gov (916) 341-6395