California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting

Minutes: December 11, 2013

CalEPA Building
1001 I Street

Meeting called to order at 9:35 a.m.

I. Introductions

Lars Siefert, Chair, Southern Roundtable
Lisa Jameson (formerly Todd), Vice-Chair, North Central Roundtable
Linda Johnson, Vice-Chair, Southern Cities
Joe Doser, CCLHO (Health Officers)
Pete Oda, South Western Roundtable
Marina Winslow, Northern Roundtable
Paul Tavares, Northern Cities (absent)
Chris Rummel, Bay Area Roundtable
Janet Gardner, South Central Roundtable
Brian Pitts, CCDEH (absent)
Vacant Position, CalRecycle EA
Vacant Position, Contract Counties
Mark de Bie, CalRecycle
Wes Mindermann, CalRecycle
Georgianne Turner, CalRecycle
Lita Forland, CalRecycle
Bob Holmes, CalRecycle
Jeff Hackett, CalRecycle
Ken Decio, CalRecycle 

Next EAC Meeting: Wednesday, February 26, 2014 at CalEPA-Sacramento from 9:30 a.m.-3:30 p.m.

Minutes by Lisa Jameson.

Some Agenda Items Were Discussed Out of Order. 

II. Agenda Review

The CIA Work Group and Partial Closed Sites agenda items were moved to the next EAC meeting.

Also to be added to the next EAC meeting agenda will be the EPP plan.

An email was circulated after the last EAC meeting and EAC members completed a focused 30-day review of the proposed changes to (former) LEA Advisory 52. The EAC Chair provided notification to Bob Holmes on November 8, 2013 to proceed with the updates as they were not found to impact LEA programs. An email will be sent out to LEA’s reflecting those changes and informing LEA’s that the information will be part of the LEA Permit Toolbox and no longer in an LEA Advisory.

III. Approval of Previous Minutes:

Corrections: Minor changes were incorporated into the draft circulated.

A motion was made and seconded (Rummel/Winslow) to approve the minutes from the September 25, 2013 EAC meeting. The minutes were approved by a unanimous vote.

IV. EAC Resolutions Status and Updates

A. EAC Membership

  • There was a discussion about the make-up of the EAC and how we got to the present board member roster. The CalRecycle EA and contract counties position have both been vacant for a long time and after a discussion of the pros and cons of keeping these positions on the EAC, it was decided by a unanimous vote (motioned by Jameson/Todd) to eliminate these two positions from the EAC roster at this time. Lars will draft/sign a resolution on behalf of the EAC and send it to Mark de Bie.
  • Other positions also discussed were the northern and southern cities and the health officer representative. San Jose is the city in the northern city position. There was some talk about eliminating the northern position or combining the northern and southern cities into one position but no decision was made. Dr. Walker has been the Health Officers group (CCLHO) liaison to the EAC for many years but it is unknown if the group still wants to be represented at the EAC. Joe will attend the next CCLHO meeting to discuss and report back.

B. Ralph Hunter Award

  • The deadline to submit nominations is December 31st. We will vote on the recipient at the February EAC meeting. A discussion followed about the need to define more clearly how the voting takes place. The procedures state that the person “needs to be an LEA in good standing” but since this term isn’t defined or utilized, it was suggested that this language be removed from the selection criteria. Janet volunteered to work with Leta on clarifying/updating the voting procedures and bringing this to the next meeting. Mark also clarified that while CalRecycle and CCDEH are not members of the EAC, they each have a vote for the award recipient as part of the Awards Committee.

C. Closed, Illegal, and Abandoned Sites - postponed until next meeting

Break for lunch at 11:30 a.m.  Reconvened at 12:30 p.m.

D. EA Notifications

  • Some jurisdictions have had difficulty communicating to planning departments the role of the LEA with respect to EA Notification operations, particularly that the LEA has no role in permitting these sites. In addition to use permits, some jurisdictions such as Kern County require a separate Health Permit (Kern requires these for land application sites).
  • As currently written, the EA Notification Filing Requirements section in Title 14 states that notification of the local planning department may come in the form of evidence of compliance with CEQA, a letter form planning indicating that no CEQA is necessary for the operation to obtain local land use approval OR written notice from the intended operator to the planning department notifying them of their intent to operate. Possible options discussed for cleaning up this language to avoid many of the problems LEA’s have had with regulating these sites included replacing the word “or” with “and”, removing the letter of intent to planning altogether and keeping the CEQA evidence language in, or just replacing the word “to” the local planning department with a letter “from” the local planning department. Mark will check into a fix other than going through a full regulations package and bring to the next EAC meeting.
  • A letter drafted by Sue Markie for LEA’s to send to their local planning department, along with a copy of an EA Notification, was shared. All agreed with the potential usefulness of this template. After distributing the letter at the upcoming round tables, it will be posted under “Resources” in the EA Notification section of the permit toolbox.

E. Waste Tire Facilities at Solid Waste Sites

  • An issue about how solid waste facilities handle tires and which are required to have major/minor tire permits came up at tire round tables.
  • Per the PRC, landfills are not required to have tire permits but must document in the JTD how they handle tires.
  • Transfer Stations do not need tire permits unless they handle over 150 tires a day. For major tire facilities, financial assurances are also required. The revised tire regulations will clarify that the 365 day average is for any given 365 day period, not a calendar year.
  • The issue of how many transfer stations fall into the category of handling more than 150 a day will be put on the agenda for the upcoming LEA round tables.
  • Georgianne will send out the tire regulation sections that were part of a session at the last LEA conference.

F. Engineered MSW Conversion Facilities

  •  AB1126 passed and goes into effect Jan. 1, 2014. It creates a new type of solid waste facility called an engineered municipal solid waste or “EMSW” conversion facility. Waste received at EMSW conversion facilities must meet an 8-part test to qualify and the material must first go to a transfer station to sort out the chlorinated plastics prior to receipt at the EMSW facility. In addition, specific calorie and BTU thresholds have been established. CalRecycle will distribute information about how to permit and regulate these facilities sometime in January or February.
  • Another conversion bill, AB 804, that dealt with the issue of contamination at biomass facilities, was vetoed.

G. Land Application

  •  Regional Quality Water Board Requirements: Regional Board took enforcement action at a land application site in Riverside County. New Ag sites now have to identify all potential contamination sources.
  • The new CalRecycle regulations addressing land application will go through the formal rule making process next year and LEA’s should look for these and provide comments.
  • CalRecycle is still looking for a better method to do a visual pre-test in the field. Any procedures being currently utilized should be sent to Ken Decio.

V. CalRecycle Discussion Items

A. Deputy Director Report (Mark de Bie)

  • Co-mingled is no longer an option for getting reimbursed through the CRV program. Other changes in the program pertaining to fraud will go into the pending regulatory changes. Any feedback from LEA’s would be appreciated.
  • All the agencies under CalEPA conducted a joint inspection of permitted and unpermitted sites with the cooperation of the city and county of Fresno. A joint report will be forthcoming.
  • The tire regulations went out for a 45 day comment period. The next version will be out December 20, 2013 for another thirty day comment period. Tire enforcement grant applications are due by December 17.

B. Legislative Update

  • No update - legislature out of session.

C. Draft Regulations Title 14 and 27

  • The tire regulations status was discussed earlier by Mark.
  • The economic and fiscal analysis is currently being conducted for the Compostable Materials Handling and In Vessel regulation package.

D. CalRecyle Staff Update

  • Georgianne Turner has been promoted to Branch Chief, filling the vacancy left by Lorraine.

E. Training Update

  • Early bird registration for the Technical Training ended Dec. 6. There were a record number of registrations this year. The hotel is filling up for Sunday night as a smaller block of rooms was reserved for this night. Sponsorships are a new addition to the conference this year.
  • The Permit/CEQA online workbook training opens December 20 and will close January 15.
  • The 8 hour HazWoper refresher is moving to an online format that will be available April 2014 at the earliest.
  • The January Round Tables will include a 20-30 minute training on emergency management including Emergency Waivers for State or Local declared emergencies and Temporary Waivers for unforeseen circumstances. Todd Thalhamer will cover incident response.

Prior to meeting adjournment, Chris Rummel discussed the proposed, large scale post closure land use project in Santa Clara County on property next to the new 49ers stadium site. The project site will include parking for the stadium plus a large multi-use, multi-story development. Projects such as these are becoming more common in the Bay Area and elsewhere. A major concern is the level of disclosure to the project end users and who will ultimately bear the costs for any landfill gas control or monitoring measures over time with these projects. There needs to be an institutionalized mechanism for this public disclosure through the property deeds or other avenues.

VI. Public Comments:

No public comments

VII. Schedule Next EAC Meeting and Close Meeting

Next meeting scheduled for February 26, 2014 at CalEPA Bldg., Sacramento

Meeting adjourned at 3:25 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 3, 2014
Enforcement Advisory Council (EAC)
Leta Forland: (916) 341-6395