California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting

Minutes: December 15, 2011

CalEPA Building
1001 I Street
Sacramento, California

Meeting called to order 9:30 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, California Conference of Directors of Environmental Health (CCDEH)
Dennis Ferrier ,Northern Cities
Bill O’Rullian, South Central Roundtable
Vacant Position, Contract Counties
Vacant Position, CalRecycle EA
Mark de Bie, CalRecycle
Scott Walker, CalRecycle
Bonnie Cornwall, CalRecycle
Kevin Taylor, CalRecycle
Ken Decio, CalRecycle
Lorraine Van Kekerix, CalRecycle 

Next EAC Meeting: Thursday, March 8, 2011 in Sacramento at 9:30 a.m.-3:00 p.m.

Minutes by Greg Pirie.

The agenda items presented below were not necessarily discussed in the order as listed. 

II. Agenda Review

No additions

III. Approval of Previous Minutes

A motion was made and seconded (Pirie/Todd) to approve the minutes from the September 7, 2011 EAC meeting. The minutes were approved by a unanimous vote.

IV. EAC Resolutions: Statues and Updates

A. Resolution 2011-04-Year Permit Review Resolution

  • A vote on this resolution was taken and it was adopted unanimously. A motion was made and seconded (Todd/Pirie).
  • The resolution is a recommendation from the EAC to identify issues, make clarifications and recommendations on the 5-year permit review process. Findings and considerations include:
    • Tthe ability to reset the due date for the next permit review,
    • Allow permit revisions during a stand-alone 5-year permit review,
    • Work with CalRecycle to identify and suggest changes in regulations or practice, and
    • Cconduct a workshop with industry and other interested parties.
  •  Addition/deletion suggestions were provided by Mark de Bie.
  • Resolution was address and will be forwarded to CCDEH Solid Waste Policy Committee (SWPC) for further comment and review.

B. LEA Permit Condition Resolution

  • A vote on this resolution was taken and it was not adopted. A-LT, JD, GP, N-BP, DF, JA, MW, BP. Absent- PO.
  • The permit condition resolution indicated the authority the LEA has to establish conditions (including conditions on fees) that could be included in a solid waste facility permit (SWFP). Discussion included that there are differences of opinion between LEAs and CalRecycle regarding including certain permit terms and conditions that are appropriate given regulations, guidance, LEA Advisories, and legal opinions. There was no consensus on the resolution and recommendations, thus the resolution was not adopted.
  • CalRecycle stated they plan on writing a white paper on the subject. Have County Counsels discussed this?
  • EAC members gave many comments including:
    • There is a connection between fees and permit conditions,
    • Make sure City/County fee resolution is OK,
    • Avoid overlap of jurisdictions/permits,
    • Have reference in fee ordinance to delegate authority,
    • State permit hinders ability to receive fees via county resolution,
    • Have authority in PRC and can determine and delegate to EA (not CalRecycle),
    • One County Counsel indicates they feel there is a connection of fees to operations.

V. EAC Discussion Items:

A. South Central Valley LEA Roundtable (SCVRT) Budget Survey-Budget Challenges Faced by LEAs

  • Discussion included solvency of agencies with low number of staff vs. larger LEA. Small LEA programs delivered by generalists in SCVRT are solvent.
  • Large specialized LEA programs e.g. Kern and Fresno pose greater budget challenge. (e.g. large inventory, large solid waste facilities receiving out-of-county wastes).
  • One small LEA, Merced County, decreased general staff, increased fees, and is solvent.
  • LEAs that have budget issues should be enumerated; Roundtables should understand how agencies have solved budget problems.
  • LEA’s funded via handshake deals with operators are at risk. Need for BOS approved contracts.
  • CalRecycle willing to write letters to assist with budget directions.

B. Lisa Todd replacing Debbie as North Central RT Chair

 Vote to identify Lisa Todd as North Central RT Chair. Unanimous vote.

C. Ralph Hunter Award-How to Present the Award

  • LEA/CalRecycle Conference will not occur until Fall 2012. How to present 2011 and/or 2012 award winner.
  • 2011 winner will be identified and given the choice of when to present the award (possibly at their jurisdiction now, or wait until Fall 2012)
  • 2012 winner process in summer of 2012, then present at the Fall 2012 conference.

D. Deputy Director Report (Lorraine & Mark)

  • Waste Tires-Issue of exporting waste tires overseas (China). Industry and tire businesses area upset. Is legal under NAFTA. Most bailed, then shipped.
  • Sue O'Leary to start on the e-document management. Will work with Dennis F and Chris R. Cal EMA starting a system called “digital sandbox”. Agencies need to talk to each other. Water Board has GeoTracker.
  • CalRecycle hiring freeze. Many open positions.
  • Training-Conference will be Nov 5-8, 2012. Roundtable to include sharps training. State minimum standards (SMS) training in the future.
  • Legislation:
    • AB 34 (Williams)-Odors and compost. January 20th deadline.
    • AB 341 (Chesbro)-Increase diversion rate to 75% by 2020.
    • AB 1178 (Ma)-Limit importation of waste. Two year bill.
    • SB 833 (Vargas)-Limit construction of landfill within 1000’ of a landfill. Governor veto.

E. Draft Regulatory Revisions to Title 14 & 27

  • Discussed the current 12 issues concerning possible regulatory changes to Title 14, and Title 27. Next workshop meeting will be held Dec 21, 2011 at CalRecycle.
  • OOne issue mentioned is the inconsistency with EA Notification inspection frequency. Default to one inspection per three months? Owner/operator can alter/request change of frequency in no environmental health and safety problems.
  • Certified Unified Program Agency (CUPA0 has variable inspections, call them audits. If a good score is received, lower inspection frequency./li>

F. CalTrans Sites

  • MMost sites use bunkers for bags, brush, tires, wood in Kern. Also have 1 time per week pickup with 10 wheel truck to landfill. If < 15 tons, identify as EA Notification?
  • CalRecycle recommended using transfer station regulations. Identify as solid waste.
  • Is CalTrans actually picking up and handling?
  • CalRecycle recommends, for most sites, the limited volume transfer operation tier at 1 time per year inspection frequency.

G. Land Use Permit /strong>

  • DDiscussed the issues in Kern County after the Community Recycling compost facility incident. How to mitigate conditional use permit (CUP) conditions. How to review an environmental document (EIR) and appropriately include as conditions in a SWFP.
  • Compost can be discussed as applied to land at the December 21 regulatory meeting.

VI. strong>Public Comments:

No public comment.

VII. Next Meeting Scheduled for March 8, 2012 in Sacramento

Meeting adjourned at 2:32 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 11, 2012 
Enforcement Advisory Council (EAC) http://www.calrecycle.ca.gov/LEA/EACouncil/
Leta Forland: Leta.Forland@calrecycle.ca.gov (916) 341-6395