California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting

Minutes: April 26, 2011

CalEPA Building
1001 I Street
Sacramento, California

Meeting called to order 9:35 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, South Western Roundtable
Jacquie Adams, Southern Cities
Marina Winslow, Northern Roundtable
Lisa Todd, North Central Roundtable
Brian Pitts, Absent, CCDEH
Dennis Ferrier, Absent, Northern Cities
Bill O’Rullian, South Central Roundtable
Vacant Position, Contract Counties
Vacant Position, CalRecycle EA
Ted Rauh, CalRecycle
Mark de Bie, CalRecycle
Bonnie Cornwall, CalRecycle
Georgianne Turner, CalRecycle
Bob Holmes, CalRecycle
Kevin Taylor, CalRecycle
Ken Decio, CalRecycle
Lorraine Van Kekerix, CalRecycle
Ken Stuart, CalRecycle
Frank Mele, CalTrans

Next EAC Meeting: Tuesday, June 29, 2011 in Sacramento from 9:30 a.m.-3:30 p.m.

Minutes by Greg Pirie

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

II. Agenda Review

The addition of an agenda item to discuss the aquifers by landfills provisions of SB 833 was requested by Mr. Seifert.

III. Approval of Previous Minutes

A motion was made and seconded (Oda/Adams) to approve the minutes from the February 8, 2011 EAC meeting. The minutes were approved by a unanimous vote.

IV. EAC Discussion Items

A. Illegal Dumping Task Force (Ken Stuart)

  • Previous Task Force met its needs. Created toolbox.
  • Stuart to start a new technical advisory committee, first meeting is next Friday. All can participate if present.
  • Handout: Identification of task force membership.
  • Issues: Identified on pg.3, 70% of illegal dumping cost borne by public works departments.
  • Attempt to get enforcement with two pieces of identification. Make model ordinance available.
  • Discussion of an actor’s fund, possible cleanup assistance in California. Must work with local agency and staff to make work.
  • Oda mentioned if the Bureau of Land Management (BLM) is aware of the task force, would be beneficial to include.
  • O’Rullian mentioned problems with grease pumpers in the Central Valley. Fines and enforcement a priority, enforce at state level.
  • Mele mentioned the issue of illicit discharge, Fed EPA seeks guidance. Draft permit, forms when illegal dump occurs. Need clarification of responsibility of agencies.

B. CalTrans Sites (de Bie, Mele)

  • De Bie is currently working with Mele on the CalTrans sites and transfer operations. Progress is being made. Water Board issue of vactor waste and focus on national pollutant discharge elimination system (NPDES).
  • Mele mentioned approximately 700 decanted waste, residual, and sediment sites.
  • Discussion of limited volume transfer operation limitations on tons/volume per day/week/month. Possible difficulties if material received is over the daily maximum (60 yd, 15 ton), but would be OK if average over a week or month. O’Rullian mentioned annual inspections would be adequate.
  • Mele mentioned some LEAs charge for vehicle inspections. Issues of fees, uniformity. Good use of CalRecycle website. Will bring presentation and slides of what they do to the next EAC meeting. CalTrans June 30 compliance date, with Sept 30 as final compliance date.

C. Update on Rule 4566 (Bill O’Rullian, San Joaquin Air Pollution Control District)

  • O’Rullian discussed the Rule. Language has changed with input from stackholders.
  • 2012, large facility> 100K ton/yr subject to using pseudo biofilter. < 100K ton/yr submit to irrigation and saturation system.
  • No ASP, high cost.
  • VOC’s become soluble, aerated with O2, enough MOI to reduce VOC’s
  • Mentioned many in San Joaquin Valley are large composter that would be effected.
  • Rule status, implement at end of 2011 or early 2012–still pending.

D. Ralph Hunter Award

  • Discussed changes that are needed and giving more clarity to the process. CalRecycle has experienced changes of programs, identification of personnel that should be reflected in the nomination material for the award.
  • Recommendation to change personnel identified in reviewing and voting on the nominees/recipient of the award. Instead of “Deputy Director”, language should be replaced with “Director or his/her designee”.
  • EAC adopted change by passing Resolution 2011-02. Motion: Doser, 2nd: Seifert.

E. Minor Violations

  • Discussion included identifying the status and recommendations EAC should give to the EH Directors and also CalRecycle.
  • O’Rullian mentioned we should leave it alone and could be brought to the roundtables for input. Break out the violations from A/C with each facility and review trends.
  • Seifert mentioned we could bring to roundtables and back to EAC. Currently used by few jurisdictions. Leave it alone. We do not know what direction a new bill would go.
  • Inaccurate certified unified program agency (CUPA) model.
  • Todd mentioned there is no fee component, there is LEA discretion.
  • Conclusion to go back to the roundtable, Doser will discuss at CCDEH-SWPC, back to EAC at next meeting.

V. CalRecycle Items

A. Deputy Directors Report (Ted Rauh)

  • This is Ted’s last report as he is retiring.
  • In May, Lorraine Van Kekerix with be the acting Deputy Director (Current Branch Chief). The acting position will be a rotating position.
  • Governor has not appointed a Director.
  • Proposed bill for emergency response, debris removal, defined funding path.

B. Legislation Update

  • Bob Holmes current job position does not lend to support this function. Recommendation to use CalRecycle tracking leg form and CCDEH resources. Doser or Decio to use existing form to present.
  • AB 34: Compost odor, enforcement. Williams bill specific to issues at Jepson-Prairie organics in Solano County. Continues effort with Solano, LEA, CalRecycle, CCDEH to amend language or not have bill signed. Bill would lead to inappropriate odor thresholds for enforcement purposes.
  • AB341: NDFE changes. Chesbro bill. Identification of the site could be an issue. Positives include an easier path for approval for the operator.
  • SB758: Reduce tire purchase fee from $1.50 to $1.15. Air Resources Board (ARB) to get larger percentage of funds.
  • AB644: Renewable energy. Energy Commission and the Department of Toxic Substances Control (DTSC). Involves identification of lands with use of renewable energy.
  • SB909: Treated wood waste (TWW). Maintains TWW to Class III landfills and waste discharge requirements (WDR), no sunset in 2012.
  • SB833: Aquifers by landfills. Vargas bill involving federal land with sacred tribal influence, aquifers by landfills.

C. 5-Year Permit Review

  • EAC provided with comparison chart. Gives comparison of the different types of permit processes.
  • De Bie mentioned this is regulation specific in Title 27, no specific mandate to look at other areas in the Report of Facility Information (RFI).
  • LEAs to review and find major problems, way to address them, review the chart.
  • Conclusion was to return to the roundtable and come back after identifying the main problem, way to address, and review of the chart.

D. Training Update/Role of LEA Roundtable Training Liaisons

  • Need input on ways to conduct and provide training.
  • Suggest using training liaison, volunteer. Assist with roundtable contact.
  • Landfill cover design training on May 18.
  • Need state minimum standards (SMS) and permit training ideas/topics.
  • Pirie mentioned the waste tire training. CalRecycle will hold tire conference in Sacramento in Fall of 2011. Could be effective for waste tire grantees to attend this with an enforcement track. Much more effective use of time than splitting waste tire and LEA tracks at the LEA/CalRecycle training conference.

E. Anaerobic Digester Program Environmental Impact Report (EIR) Summary of Comments

Comment period ends April 14. Gather responses and go through process of certifying the EIR.

F. CalRecycle Procedures For Processing Closure/Corrective Action Plans

CalRecycle to start implementation of the solid waste specific corrective action plan approval. First plans to be received by July 2011.

VI. Next EAC Meeting June 29, 2011 in Sacramento

Meeting adjourned at 3:23 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: July 29, 2011 
Enforcement Advisory Council (EAC)
Leta Forland: (916) 341-6395