California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting

Minutes: March 8, 2012

CalEPA Building
1001 I Street
Sacramento

Meeting called to order at 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, California Conference of Directors of Environmental Health (CCDEH)
Bill O’Rullian, South Central Roundtable
Vacant Position, Contract Counties
Vacant Position,CalRecycle EA

Mark de Bie CalRecycle
Lorraine Van Kekerix CalRecycle
Scott Walker CalRecycle
Sharon Anderson CalRecycle
Bonnie Cornwall CalRecycle
Leta Forland CalRecycle
Sue Markie CalRecycle
Bob Holmes CalRecycle
Kevin Taylor CalRecycle
Ken Decio CalRecycle
Loretta Sylve CalRecycle
Karen Denz CalRecycle

Next EAC Meeting: Tuesday, June 26, 2012 in Sacramento at 9:30 a.m.-3:00 p.m.

Minutes by Lars Seifert

The agenda items presented below were discussed in the order as listed. The EAC discussion items related to EA Notification Tier, and Operation/Facility Plan Amendments were discussed after the lunch break.

II. Agenda Review

No additions to the agenda were proposed.

III. Approval of Previous Minutes:

A motion was made and seconded (Pirie/Todd) to approve the minutes from the December 15, 2011 EAC meeting. The minutes were approved by a unanimous vote.

  • Composting article entitled “Growth of composting strains oversight of industry” by William Harless published in California Watch was distributed by Mr. Pirie to CalRecycle and EAC attendees.
  • Updates also provided by Mr. Brian Pitts on the findings of the Community Recycling & Resource Recovery investigation by Cal/OSHA and revocation of the Conditional Use Permit by the Kern County Board of Supervisors.

IV. EAC Resolutions--Status and Updates:

A. Ralph Hunter Memorial Award (2011)

  • Mr. Doser provided an overview of nominating review procedures, eligibility information, and objective of the award. EAC members and CalRecycle designated representative completed award rating sheets for nominees.
  • Mr. O’Rullian and Ms. Winslow both stated that their respective roundtable participants had also been queried for feedback prior to submitting their award rating sheets for nominees.
  • Mr. Doser motioned and Ms. Todd seconded the motion to award the 2011 Ralph Hunter Award to Mr. William Prinze of the City of San Diego after tally and presentation of the rating results. The motion passed unanimously.
  • Ms. Cornwall suggested (based on the revised conference schedule) that the award could either be presented in San Diego or at the fall conference.
  • Mr. Seifert stated that it would be good to also notify and congratulate Mr. Leonard Grossberg on his nomination for the award. Mr. Doser stated he would congratulate the Ralph Hunter Award recipient, Mr. William Prinze, and also to thank Mr. Grossberg for his contributions to LEA programs and the solid waste field.

B. CalTrans Update (Lisa Todd)

  • Ms. Todd stated that this was a hot topic at their regional roundtable meeting and that varying fees between jurisdictions and the frequency of inspections were discussed for Caltrans sites.
  • Ms. Jacquie Adams stated that there have been problems with State Minimum Standard compliance at these sites and that this was discussed at the southern region roundtable. San Diego County provided a presentation of items that they were having difficulties with CalTrans on, primarily with solid waste removal frequencies and record keeping.
  • Mr. Oda requested a reduction of the inspection frequency to annual.
  • Ms. Winslow stated that a number of counties in her region have issued exemption letters and only a few currently inspect Caltrans operations.
  • Mr. O’Rullian pointed out that there may be concerns with exemptions if other transfer operations, including City or County road yards, are not also provided exemptions. This could be considered arbitrary enforcement.
  • Ms. Todd suggested that maybe CalRecycle could provide options or guidance to LEAs with respect to exemptions.
  • Mr. Seifert asked if CalRecycle had heard anything further from the SWRCB regarding the oversight of vactor decant sites. (Mr. de Bie to provide update later)
  • Mr. Seifert also suggested that small Caltrans operations that have weekly collection are hardly different than a commercial business and that the public health risk with Caltrans sites is likely lower than from a large box store like Wal-Mart, which has cardboard, refuse, and food wastes. These are not under permit or inspected.
  • Mr. Brian Pitts agreed that the relative risk of a facility would be a good thing to consider. Possibly, CalRecycle could exclude these small transfer operations given certain caveats.
  • Mr. Pirie also suggested the possibility of creating an exemption process with conditions that could be established by the LEAs.
  • Mr. O’Rullian also suggested that this may be applicable to disaster debris management sites established by CalEMA.

(Further discussion to be conducted following Tire Enforcement Update)

V. CalRecycle Discussion and/or Update Items

CalRecycle Item (Taken Out of Agenda Order)

A. Tire Enforcement Update (Lorraine Van Kekerix)

  • Ms. Van Kekerix provided an overview of larger trends in the used and waste tire industries that are being monitored by CalRecycle. Tire Derived Fuel demands in Asia have been resulting in increased baling and export activities for waste tires. Shipping containers are being backhauled by train from the Midwest also bringing up to 2,000 tires per container for export out of California ports.
  •  Ms. Van Kekerix also provided a summary of proposed changes to regulations and CalRecycle business practices to respond to increased enforcement issues, particularly with unpermitted waste tire facilities handling larger quantities of tires due to baling/export operations.
    • Changes to business practices being implemented to allow TEA grantees to refer compliance issues quicker and to reduce return to compliance directives from 30 to 15 days. Time frames on Cleanup and Abatement Orders (CAOs) are also being reduced.
    • Regulatory changes being proposed to include streamlining the penalty process for waste tire facility violations by removing the requirement for a CAO prior to issuance of penalties. Waste tire hauler violations already have a streamlined penalty process.
    • Discussing possible changes to statutory language as well to assist with enforcement at unpermitted waste tire facilities.
  • Ms. Van Kekerix also stated that they are looking at ways to reduce unpermitted waste tire facilities that are improperly operating under the guise of “collection” sites since many haulers have been taking more waste tires to unauthorized end use locations. Tire enforcement efforts by CalRecycle have increased significantly.
  •  Mr. O’Rullian, Mr. Oda, and Mr. Seifert stated that illegal tire dumping has also been decreasing at the local level, likely due to these efforts.
  •  A public workshop is scheduled on March 19, 2012 in Sacramento to discuss changes to CalRecycle’s waste tire enforcement practices.

(See http://www.calrecycle.ca.gov/tires/Events/Enforcement/2012March/Handout.pdf)

B. CalTrans Update (continued)(Mark de Bie)

  • Mr. Mark de Bie provided feedback on several issues that had been raised during the EAC discussion on Caltrans sites.
    • CalRecycle is deferring questions to the various Regional Water Quality Control Boards with relation to vactor decant sites as there does not appear to be a formal position at the SWRCB on this issue.
    • No update is available on the current enforcement status of the EPA Order against Caltrans
    • The exemption process is limited to solid waste facility permits and does not apply to EA Notification sites.
    • Current exclusions in Title 14 do not include these types of transfer operations, nor does Title 14 allow for a reduction in inspection frequencies for LVTOs.
  • Mr. de Bie suggested that if an exclusion in Title 14 was added, CalRecycle would need feedback from LEAs on why they feel that regulating these sites are unnecessary with a defined list of considerations that may include photos. Other factors to consider include: volume limits, types of waste, sources of waste, restrictions on public access, waste removal frequency, types of handling/processing operations, recycling activities, and other risk factors.

C. Deputy Director Report (Mark de Bie)

  • Mr. Mark de Bie, Deputy Director of the Waste Permitting, Compliance and Mitigation Division, provided an update of personnel changes that LEAs should be aware of.
    •  Sue Markie--now Acting Branch Chief for Permitting and Assistance Branch
    • Bob Holmes--now Acting Manager for Permits and Assistance South Section
    • Bonnie Cornwall--now on special assignment with Materials Management and Local Assistance Division
    • Sharon Anderson--new Manager for Training and Assistance Section
    • Leta Forland--new to Training Unit for Roundtables and EAC
    • Ken Decio--assisting in Training and Assistance Section (and working on regulations)
  • Mr. de Bie stated that Ms. Sue O’Leary had been assigned to the electronic submittal working group to develop an interim process for CalRecycle to receive documents electronically. This program will be brought to the EAC to see if it might work for LEAs and CalRecycle in the next 2-3 months.
  • Mr. Pitts, Ms. Markie, and Mr. de Bie briefly discussed data management needs of CalRecycle and if they could integrate them into other State reporting systems or databases that local jurisdictions report to already.

D. Legislation Update (Mark de Bie)

  • AB 341 (Chesbro). CalRecycle has initiated planning on how to reach 75% diversion by 2020 that includes source reduction, recycling, or composting elements. Workshops are being scheduled, mostly to address overarching concepts at this stage as limited details have been drafted. The bill may impact LEAs primarily in the area of solid waste handling infrastructure expansion, which could impact local budgets and require a restructuring of fees to account for more recycling and less disposal.
  • A budget trailer bill has been introduced that would move CalRecycle (or a portion of the Department) back to CalEPA.

Meeting Break for Lunch (11:55 a.m.-1:00 p.m.)

IV. EAC Discussion--Status and Updates (continued):

EAC Discussion Items (Taken Out of Agenda Order)

C. EA Notification Tier (Joe Doser)

  • Mr. Doser stated that there have been multiple fires recently at chipping and grinding and/or composting operations and re-introduced a common problem experienced by LEAs that many EA Notification operations start activities without proper oversight or conditions in place.
  •  Mr. O’Rullian stated that he had to work with a local fire department at a biomass power generation facility to set conditions since Title 14 regulations limited his ability to address feedstock stockpiling issues.
  • Ms. Todd re-iterated that it would be more useful for LEAs if information was required up front prior to operation to ensure State Minimum Standards would be met under the EA Notification. Enforcement at these sites is also difficult for LEAs.
  • Mr. Pirie thought that for small composting operations that seek to use the material on-site, the EA Notification process works great as it is very streamlined.
  • In response to Mr. Doser on the EA Notification not being a permit, Mr. de Bie asked what a permit would do to assist LEAs to ensure the site was meeting State Minimum Standards. LEA feedback suggested that the threat of revocation or suspension of a permit is a useful compliance tool not available for EA Notifications.
  • Mr. de Bie recognized that there has been an unforeseen gap between local planning agencies and LEAs, with planning agencies not ensuring that land use issues are adequately addressed at some of these operations.
  • Several examples were provided of operations that were started without proper planning oversight and the EA Notification was obtained after the initiation of operations.
  • Mr. de Bie suggested that the tact taken by CalRecycle with tire facilities that go in/out of compliance could be used by LEAs (i.e. not accept EA Notification if operation is currently in violation), but this mechanism would need to be adopted in regulations.
  • Mr. de Bie suggested that some of the EA Notification process fixes could potentially be incorporated into the Title 14 composting regulations being developed. Feedback from LEAs was requested.

D. Amendments to Operation and Facility Plans--Tiered Permits (Lars Seifert)

  • Mr. Seifert introduced an issue that has been problematic for his jurisdiction with sites that operate under an EA Notification or a Registration Tier Permit. While a “change in operation” as noted in the application would seem to require filing a new EA Notification or Registration Tier Permit Application under Title 14, often minor design or operational changes are needed to clarify, amend, or update the information provided in the Operation or Facility Plan. 14 CCR 18221.5 also suggest that the operator should file amendments as necessary to maintain the accuracy of the plan. It seems problematic to require an operator to file a new permit application each time a minor facility design or operational change is implemented that does not conflict with the application.
  • Mr. de Bie requested that examples are solicited so that CalRecycle could review the types of amendments to facility or operation plans being considered and so that a more thorough discussion of the issue could be initiated.

V. CalRecycle Update Items (continued)

E. Training Update (Sharon Anderson)

  • Ms. Anderson announced that the next CalRecycle/LEA Technical Training Series would be held in Sacramento on November 5-8, 2012.
  • Ms. Anderson also announced that CalRecycle has scheduled an “Odor at Composting Sites” training that will be provided in two phases with the first being a workbook study and pre-test followed by scheduled training venues during the summer of 2012.
  • Tier 1 Health & Safety Refresher Trainings are also still being offered.

(For upcoming training schedule, see http://www.calrecycle.ca.gov/LEA/Training/Schedule.htm)

F. Draft Regulatory Revisions to Title 14 and 27 (Ken Decio)

  • Mr. Decio acknowledged that Ms. Markie and Ms. Karen Denz were assisting with the regulations as well.
  • The next workshop scheduled is for March 27, 2012 at 1:00-3:00 PM in Sacramento. It is anticipated that four of the thirteen issues (3, 5, 6, and 11) would be discussed.
    • Issue 3: On-site storage limit of 12,500 cubic yards.
    • Issue 5: POTWs accepting food waste and FOG (fats, oils, and greases).
    • Issue 6: Maximum green waste contamination limit (and including issue 2 on the land application of green material).
    • Issue 11: Small-scale composting exclusions.
  • Mr. Decio notified the EAC that draft regulatory text would be distributed for comment via the compost listserv in April or May of 2012.
  • Mr. Decio also stated that the EA inspection frequency language and maximum permitted tonnage on the CIWMB E-1-77 form would be addressed.
  • Mr. Oda asked where the 12,500 cubic yard limit came from and why it is different than the chipping and grinding regulation section which has tonnage limitations. Mr. de Bie stated that the differing approach was due to desiccation/water content differences in composting materials that would have made tonnages difficult to monitor.
  • Mr. O’Rullian asked if there would be any discussion about the use of biosolids for agricultural crops and that it should be clear that they could not be applied to edible crops.

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

VI. Public Comments:

• No public comments

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

Meeting adjourned at 2:40 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 19, 2012
Enforcement Advisory Council (EAC) http://www.calrecycle.ca.gov/LEA/EACouncil/
Leta Forland: Leta.Forland@calrecycle.ca.gov (916) 341-6395