California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting

Minutes: June 26, 2012

CalEPA Building
1001 I Street
Sacramento

Meeting called to order at 9:40 A.M.

I. Introductions

Joe Doser, Chair, CCLHO (Health Officers)
Pete Oda, South Western Roundtable
Bill Prinz, Representing Southern Cities
Marina Winslow, Northern Roundtable
Lisa Todd, North Central Roundtable
Chris Rummel, Bay Area Roundtable
Janet Gardner, South Central Roundtable
Vacant Position, Contract Counties
Vacant Position, CalRecycle EA

John Cupps, Consultant

Mark de Bie, CalRecycle
Lorraine Van Kekerix, CalRecycle
Sharon Anderson, CalRecycle
Bonnie Cornwall, CalRecycle
Bob Holmes, CalRecycle
Terry Brennan, CalRecycle
Loretta Sylve, CalRecycle
Kevin Taylor, CalRecycle
Ken Decio, CalRecycle
Leta Forland, CalRecycle
Karen Denz, CalRecycle

Next EAC Meeting: To be determined

Minutes by Leta Forland for EAC

II. Agenda Review

No additions to the agenda were proposed.

III. Approval of Previous Minutes:

A motion was made and seconded (Winslow/Rummel) to approve the minutes from the March 8, 2012 EAC meeting. The minutes were approved by a unanimous vote.

IV. EAC Discussion Items:

A. EAC Resolution honoring Dennis Ferrier’s years of service in the field of solid waste

  • Mr. Joe Doser provided an introduction of Dennis Ferrier’s work in the solid waste field, also stated he was very passionate about solid waste and on several occasions gave presentations at San Jose State University to the environmental classes.
  • Group discussed ways of obtaining specific information on his career. Michelle Young’s name was provided as a contact person.
  • CalRecycle will provide some bullets on Dennis Ferrier.
  • Attendees shared fond memories of interacting with Dennis during his career with the City of San Jose, and as an Enforcement Advisory Council representative.

A motion was made and seconded (Doser/Winslow) to develop a resolution honoring Dennis Ferrier. It was approved by a unanimous vote.

B. Janet Gardner replacing Bill O’Rullian as South Central Roundtable (RT) Chair

  • Mr. Joe Doser welcomed new EAC Representative Janet Gardner. She represents the South Central Regional Round Tables.
  • Mr. Bill Prinz shared with the group that Jacquie Adams, previous Southern City EAC Representative accepted a promotional opportunity with the County of San Diego. Leonard Grossman, City of Vernon has nominated Linda Johnson to fill the vacancy.

A motion was made and seconded (Doser/Todd) to update the EAC Member information on the CalRecycle website.

C. Upcoming Ralph Hunter nominations for 2012

  • EAC congratulated Mr. Bill Prinz for receiving the 2011 Ralph Hunter Award.
  • Mr. Joe Doser indicated at the next EAC meeting will do a request for 2012 nominations. Everyone at EAC gets to vote from previous year.
  • Ms. Sharon Anderson spoke briefly on the nomination vote process.

D. Succession Planning: Fall vote on next EAC Chair

Mr. Joe Doser stated his 2-year term as EAC Chair will be up at the next EAC meeting. The Chair is traditionally transferred from the North to the South, and will need to vote for two Vice Chairs as well. He indicated this was a good learning experience. Vice Chairs are currently Greg Pirie, Napa County and Lars Seifert, Imperial County.

E. Debris management after a disaster

  • Mr. Joe Doser indicated his duties with Contra Costa County have him assigned to debris management, pre-planning for big earthquakes, fires, etc. He wants to see if anyone has information to share, he received some good data from San Francisco and has been told one would need to do a CEQA for a preplan.
  • Mr. Bob Holmes inquired if he was just interested in counties have done at the local level because a lot of work on this topic has been done at the state level. CalRecycle participates in the Emergency Response Management Advisory Committee (ERMAC).
  • Ms. Lisa Todd indicated that Sacramento County LEA worked with the city of Sacramento on EA Notifications, that have been prepared in advance, for Emergency Transfer Processing Operation sites that just need to be activated if an emergency is declared. She worked with CalRecycle on some of the logistics.
  • Mr. Joe Doser indicated carcass information would be helpful.
  • Mr. Bob Holmes shared with the group that the 2004 plan is on the CalEPA website, he will send a link.
  • Mr. Mark de Bie stated the CalRecycle website has a lot of information on disasters it also has our plan, as we are part of the initial response team.
  • Mr. Joe Doser stated the Contra Costa Disaster Plan is to protect public health and is now getting detailed into bulleted tasks. Once the plan is complete will share with CalRecycle. We want to train all levels of staff in the health department.
  • Mr. Chris Rummel stated the Department of Homeland Security has identified good guidelines in dealing with large animal mortality issues, good training.
  • Mr. Joe Doser state pandemic may be a bigger threat than a disaster.
  • Mr. Chris Rummel indicated DHS looking also at food chain and national economy.
  • Ms. Lisa Todd stated they did outreach to all jurisdictions in the county offering to help with any components of their disaster debris management plans that the LEA would be involved in. Some cities took advantage of the offer and others did not.

F. Public Works Transfer Operations (Caltrans)

  • Ms. Janet Gardner stated Fresno County has not permitted any Caltrans sites.
  • Mr. Pete Oda stated we have about 15 sites and have permitted all of them, discussion about exempting some of them due to the nominal amount of waste and some are very remote.
  • Mr. Bill Prinz indicated they have six sites under EA Notification, at four of these sites the situation has changed and the EA Notification has been rescinded. They were taken out of SWIS. Looking at developing a process.
  • Mr. Chris Rummel stated at the Bay Area RT most of the LEAs are not permitting and have not been contacted by Caltrans and most of the material is inert. In addition, they have contracts in place and we do look at them when we do our tire inspections.
  • CalRecycle informed the group Caltrans was ordered by the U.S. EPA to comply with all regulations and statutes.
  • Ms. Lisa Todd stated LEAs should be inspecting the sites quarterly and in case less than annually according Title 14 as there are no current exemptions with these sites. The inspection frequency for Sac County sites was just reduced from quarterly to annually. We haven’t received any complaints about these sites and they are tidy operations. If any LEA’s wanted to exclude these sites from regulation, they would need to request that CalRecycle change the regulation language to include specific exclusions for this type of site.
  • Mr. Mark de Bie stated in there is exclusion if the LEA makes a written determination that the site is already regulated by a federal or state agency and regulation by the LEA would be redundant and unnecessary.
  • Ms. Lisa Todd stated we followed through and inspected sites for over a year to observe operations in all seasons as recommended by CalRecycle staff before reducing the inspection frequency.
  • Mr. Mark de Bie stated minimum requirements can get changed to more frequent if complaints are received.
  • Mr. Joe Doser asked - what does the EAC want?
  • Ms. Lisa Todd queried the group does anyone want to spearhead changes to the language?
  • Mr. Bill Prinz states there are four sites under EA Notification, maybe lost contract with waste hauler, and they have their own packer trucks. We felt like it fell out of a LVTO. We had inspected them either five or six quarters, it didn’t make any sense to continue inspecting them. At the Southern/South Western RT it was all over the table.
  • Mr. Pete Oda states some of our Caltrans sites are bringing in a lot of green waste. We have the right to permit them, if they are not generating the waste in accordance with the regulation we feel they should be permitted.'
  • Mr. Mark de Bie identified Section 17403.1 (A7-G) as the “Excluded” regulations. What about private entities? We have to have an equal playing field, would hope that the evaluation is not the only reason.
  • Mr. Bill Prinz states Lars is still looking for some exemption language.
  • Mr. Pete Oda stated he likes Lisa’s idea of doing an annual inspection.
  • Mr. Joe Doser stated that way they are still in the system.
  • Ms. Marina Winslow stated there is a section of the volume of the waste is minute.
  • Mr. Mark de Bie stated it’s not the site it’s the waste stream. There is an opportunity to address in terms of frequency. If the LEAs were to provide some input on this we could look at this – certain special circumstances (truck spills, etc.) we could build a process within the regulations.
  • Mr. Bob Holmes stated language could be possibly LEA or Operator – would open it up to options.
  • Mr. Chris Rummel stated questions on regulatory authority Caltrans follows.
  • CalRecycle stated Caltrans has a lot of Operational Directives. Why do you do it this way? Have Caltrans explain it to the LEA. – have LEA Chairs go over the regulations.
  • Ms. Marina Winslow asked if we can get a draft copy of the EAC notes before the next Round Table meeting.

V. CalRecycle Discussion and/or Update Items

A. Deputy Director Report

Provided by Deputy Director Mr. Mark de Bie:

  • Announced Mr. Watson Gin passed away, he was very involved with a lot of special projects. Most recently he was working on a gas project, he will be sorely missed.
  • The budget is in process, in the news many agencies/unions are in negotiations regarding 5% percent reduction in pay. Budget bills did include reorganization of agencies.
  • In the Division and in Howard’s shop we are filling vacancies. Exams have been completed, now moving to next process.
  • Anticipate our move to CalEPA, we are on track and involve ourselves with their priorities, one of those is participating in EPA Environmental Justice. Focus is on cumulative impacts. CalEPA has renewed interest with the Office of Environmental Health Hazard Assessment (OEHHA) on Environmental Justice (EJ) to develop a tool, CalRecycle has participated. In late July/August will share with public for getting input, offering insight to OEHHA and how solid waste might fit into their tool.
  • CalEPA renewing their interactions with tribes.
  • Update on Electronic Submittal Documents, it is complex how we receive and store the digital format, good progress is being made on the development of a portal. Identifying specifics with a submittal, we got a lot of information from the LEAs that are in draft form that may change drastically from the final version.
  • We do have a firm date July 24 for the 5-year Permit Review Workshop. Prior to the workshop there will be a paper that will review the process to spark discussion.
  • Caroll Mortensen was confirmed by the Senate Rules Committee, she still needs to be voted on by the Senate.
  • Mr. Pete Oda inquired if CalRecycle received any correspondence on Form 188.
  • Mr. Mark de Bie relayed Mike Wochnick and Scott Walker indicated 7 out of 61 sites, it is an issue and we will have more detailed discussions.
  • Mr. Pete Oda stated we have worked very hard for several years on how to address inspections.

B. Status update on CalRecycle’s 75% Plan per AB341

  • July 2, 2012 is the date for closing out the comment period. We need to close so we can move forward. Utilize the available format on the CalRecycle website, we have received a few PDF letters they cover multiple issues. Looking at August for having a focused discussion targeting 1 to 3 issues, it will be posted through Listserv.
  •  Ms. Janet Gardner mentioned tipping fees as a discussion topic.
  • Mr. Mark de Bie informed the group if California is successful in reaching the 75% goal we will need to look at funding, infrastructure, and government’s role in monitoring the new infrastructure. To change funding we would have to get a change through the legislature.
  • Ms. Sharon Anderson stated CCDEH did a survey on how LEAs/Jurisdictions fund. Survey was complete a while ago. The State can’t meddle into how the county funds, as the State we are performance driven.
  • Mr. Mark de Bie encouraged the group to look at how they are funded. He went on to say he will continue to work with staff to foster and describe future state and possible models.
  • Ms. Bonnie Cornwall stated it’s the adequacy of funding.
  • Ms. Lisa Todd stated the LEA Grant, while appreciated, is small compared to total program cost and the cost to do enforcement can add up over time and isn’t covered by facility or tonnage based fees.
  • Mr. Mark de Bie stated we could provide general information for example which landfill would have a reduction.
  • Mr. Chris Rummel stated another aspect to this topic – we hired a consultant and were advised that due to Proposition 26 we can’t increase fees without a public vote. We want to fund the whole program not provide a service for a fee. Would like to know counsel’s position.
  • Mr. Pete Oda stated Los Angeles county raised all their fees across the board, we stated we do the service.
  • Mr. Joe Doser stated your attorney had a really nice legal position/document.
  • Mr. Mark de Bie stated diversion is still present, things like ADC count as diversion. We are looking at building an infrastructure and market not dependent on ADC. The other piece is WTE, floating the concept there may be a waste stream, and there may be BTU value.
  • Mr. Bill Prinz inquired if there was any talk about regulating MRFs through LEAs.
  • Mr. Mark de Bie stated there was nothing that specific at this point in time.

C. Case Study regarding proposed gasification facility and PRC definition

  • Mr. Mark de Bie provided an overview of Plasco:
    Chronologically a number of years ago project proponents came to CalRecycle and shared their technology and asked our opinion regarding the regulations and statutes. We didn’t have anything in regulations, only had guidance on convergent technology. Staff opined Plasco could qualify as a gasification it would not fall into transformation. Proponents started working with Salinas Valley Solid Waste Management Authority and did a feasibility study, and started the CEQA process. Moving forward, we have a new director appointed, it was determined the project wasn’t as straight forward as staff thought. The Director penned a letter and rescinded staffs previous opinion. The Governor’s office weighed in and they are open to addressing the Plasco situation, ways to acknowledge a pilot project and allowing it to go forward as a pilot. Governor’s staff indicated supporting a CalRecycle initiative and whether there is a way of defining this waste stream? Statute has specific definitions, which are out of sync with technology. We want to explore thoroughly, as of yet it’s not defined. As a footnote, a group of a community that has opposition for a WTE at the landfill has filed a discrimination suit on the basis that the scoping meeting for the EIR did not take into account Spanish speaking public. If an author is identified may see some legislation on it.
  • Mr. John Cupps asked how he could get a copy of the letter.
  • Mr. Mark de Bie stated Bradley Angel heads up a group in the Bay area, the letter was sent to the Plasco folks, can check with legal to see if he can give John a copy of the letter.
  • Mr. Chris Rummel inquired – would it have to be a fuel?
  • Mr. Mark de Bie stated would need to apply the three-part test.

Meeting Break for Lunch (11:45 AM – 1:00 PM)

D. Draft Regulatory Revisions to Title 14 and Title 27

  • Mr. Ken Decio stated we have floated draft text on seven of the fourteen issues and have asked for public comment by May 31, 2012. In the next two to three weeks POTW exclusion language will go out for comment. For green material contamination we heard from a lot of folks that the 1% contamination is hard to identify on the front end, throwing around ideas to test it on the back end. Trying to get at how to measure the 1%. Is there a way to ballpark that out in the field and then send it to the lab for testing?
  • Mr. Bob Holmes discussed Issue 12 it was initially thought to be a simple one word change. Tonnage number and application is in an old EAC Resolution around 2007 that went on for a couple of years. Changes being made are not fundamental only cosmetic.
  • Mr. Chris Rummel shared with the group a feud between two land owners dealing with Municipal Solid Waste and compost quality. One land owner had truckloads of compost from MSW in a big pile, the other land owner complained. Regional Water Board (RWB) came out, it tested high in cooper and selenium but it wasn’t going into waterway, so not an issue with RWB. The operation has added another filer process that removes glass and plastic, the finished product is very nice. He brought in sample of the landscape compost and a sample of the filtered compost and it was passed around the table.
  • Mr. Ken Decio stated Waste Management in Southern California has a protocol for measuring, it’s a volume metric.
  • Mr. John Cupps asked if there have been other problems with the application of the less clean product.
  • Mr. Chris Rummel stated we have had odor but once it’s disked in it is fine. Very few food crops mostly used by hay farmers. What types of standards do we set?
  • Mr. Bill Prinz identified/shared Ventura mulch.
  • Mr. Mark de Bie stated we are proposing in these regulations, seeking input on organics that are land applied. CalRecycle picked up the issue, the Agriculture Commission and Water Boards did not want to take on this issue.
  • Mr. Terry Brennan stated testing on the backend, people put forward plastics that breakdown to a very small amount. It’s a problem to have plastics land applied. It is a short-term and long-term issue. We have to do long-term education. The plastics are a big issue.
  • Mr. Bill Prinz stated thresholds, tests for the field – you have a baseline.
  • Mr. Chris Rummel stated plastics are lightweight, glass and metals are heavy you could have a threshold for each.
  • Mr. Mark de Bie stated right now there are no rules, for the facility there are some knock-ons we can add.
  • Ms. Marina Winslow state she is in agreement with Terry’s comments.
  • Mr. John Cupps stated contamination levels (10-15%) are high in a small (not named) operation.
  • Mr. Ken Decio asked Bill Prinz if he wanted to discuss Mira Mar – it is a green and food material facility, there is no limit. They do pilot projects with their sources and they’re very product conscious. This is always a good sign of an operator, when they restrict their feed stock. Concerns me if they have up to 10% contamination, they still have buyers and inspect every load, it’s fairly clean.
  • Mr. John Cupps stated there are some real limits on cleaning incoming feed stocks.
  • Mr. Ken Decio asked if it is preferable to measure it on the back end vs. the front end.
  • Mr. Chris Rummel stated Ventura wasn’t that political to restrict compost from L.A.
  • Mr. Bill Prinz stated it wasn’t compost it was the restriction on chip and grind.
  • Mr. Mark de Bie stated a piece of the dynamics is economics.
  • Ms. Lisa Todd stated right now it is market driven, and we can’t write this into a permit.
  • Ms. Marina Winslow stated she agrees with the backend test but still needs to be some control on the front end.
  • Mr. Bill Prinz stated why not go with a tiered approach if you want EA Notification, Registration, etc. Don’t understand the logic of the 1%.
  • Mr. Pete Oda stated why don’t we treat it from the position of where the material comes from? Depending on type of material that’s been generated at the facility.
  • Mr. Mark de Bie stated for me it turns into enforcement.
  • Mr. Joe Doser stated whatever number you have on the front or back end it has to be enforceable and explainable to a county official.

(To receive more information, sign up to the compost rulemaking listserv.

E. Legislation Update

  • Mr. Ken Decio stated keeping the captive insurance piece; AB 480 Waste Management bill sunsets in 2018.
  • Mr. Mark de Bie stated captive insurance is not consistent with Federal law.
  • Mr. Ken Decio stated AB 1009 is the Carpet Stewardship bill, there is some concern that it may conflict with Proposition 26. AB 1178 this is the Solid Waste Place of Origin bill we have been following for a while, an attempt to resurrect goes back to Measure E. AB 2257 the Nuisance: Landfill Activities bill has died. SB 1118 the mattress recycling bill, as of right now it is a skeleton bill.
  • Mr. Ken Decio and Ms. Lorraine Van Kekerix advised AB 1647 Waste Tire Enforcement the proposal is instead of taking tire enforcement hearings to administrative move to informal hearings at CalRecycle. California’s Against Waste (CAW) sponsored the bill.

F. Training Update

  • Ms. Loretta Sylve stated today is the last date for online odor training, we had eight venues. Evaluations for the four classes were very good. Next year we are looking to do an online training workbook on Permits.
  • Ms. Loretta Sylve stated in November we will be having the Technical Training Conference.
  • For upcoming training schedule, see http://www.calrecycle.ca.gov/LEA/Training/Schedule.htm

VI. Public Comments:

No public comments were presented during the meeting

VII. Next Meeting Scheduled for June 26, 2012 in Sacramento

  • Mr. Joe Doser advised he will work with Leta Forland to find a meeting date in September.

A motion was made and seconded (Doser/Winslow) to adjourn the EAC meeting. It was approved by a unanimous vote.

Meeting adjourned at 2:45 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 24, 2012
Enforcement Advisory Council (EAC) http://www.calrecycle.ca.gov/LEA/EACouncil/
Leta Forland: Leta.Forland@calrecycle.ca.gov (916) 341-6395