California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting

Minutes: June 11, 2013

CalEPA Building
1001 I Street
Sacramento

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

I. Introductions

Lars Seifert, Chair, Southern Roundtable
Lisa 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
Chris Rummel, Bay Area Roundtable
Janet Gardner, South Central Roundtable
Brian Pitts (teleconference), CCDEH
Vacant Position, CalRecycle EA
Vacant Position, Contract Counties

Mark de Bie, CalRecycle
Sue Markie, CalRecycle
Wes Mindermann, CalRecycle
Harllee Branch, CalRecycle
Brian Stalker, CalRecycle
Kyle Pogue, CalRecycle
Georgianne Turner, CalRecycle
Leta Forland, CalRecycle
Kyle Pogue, CalRecycle
Bob Holmes, CalRecycle
Kevin Taylor, CalRecycle
Ken Decio, CalRecycle
Lorainne Van Kekerix, CalRecycle
Steve Levine, CalRecycle
Bonnie Cornwall, CalRecycle
Glenn Young, CalRecycle
Dawn Plantz, CalRecycle 

Next EAC Meeting: Wednesday, September 25, 2013 in Sacramento from 9:30 a.m.-3:00 p.m.

Minutes by Lisa Todd

Some agenda items were discussed out of order.

II. Agenda Review

Items IV. C (Inspecting Active Sites with Partial Closure Activities) and D (Update on Draft Title14/27 Issues) were moved to 1:00 and 2:00 pm respectively.

Items V.A (Deputy Director Report) and V.B (Legislation Update) to be first on agenda.

III. Approval of Previous Minutes:

Corrections: CalRecycle misspelled; Glen Allen (not Miller); add Sue Markie to attendees.

A motion was made and seconded (Doser/Winslow) to approve the minutes from the March 11, 2013 EAC meeting. The minutes were approved by a unanimous vote.

IV. EAC Resolutions Status and Updates

A. Legal Request to LEA’s

  • A number of LEA’s have gotten public records request letters, inquiring about county specific policies on how they determine and enforce the three part test at recycling centers.
  • Discussed if state can help with these requests but since they are going to LEA’s, it is a county counsel issue, not CalRecycle’s.
  • Unless an LEA receives and follows up on a complaint, recycling centers fall under code enforcement jurisdiction in most counties. Most LEA’s don’t have a “policy” with regard to these excluded sites.
  • It was suggested that it would be helpful to LEA’s if CalRecycle would re-iterate their guidelines but Mr. de Bie indicated they are still in the form of an advisory and CalRecycle is not revising “Advisories” but is incorporating new and revised guidance into a web based format.
  • Possible topic for next County Counsel Conference.
  • EAC members should discuss at their next round table.

B. Enforcement Strategy Plan

  • There was some discussion about exactly what was requested of the Enforcement Section, a revision to the advisory, a sample work plan template to be inserted into an enforcement program plan (EPP), or a letter approving LEA certification.
  • Mr. Siefert indicated that the request from some LEA’s was for: a formal letter from CalRecycle approving their LEA certification, indicating that procedures in place are consistent with state law; a formal process for the approval letter; and for enforcement information to be available to LEA’s via the CalRecycle portal for easy access.
  • A draft “Statement of Certification” was circulated.
  • The EPP review currently focuses on the time task analysis, not procedures, since they vary widely by jurisdiction.
  • Mr. de Bie summarized the direction given to the Enforcement Section moving forward: finalize “affirmation” letter; work on “model” EPP enforcement section for LEA’s to use, not use or amend and use at their discretion; and to compile enforcement case studies as part of the broader training effort.

C. Inspections at Active Sites with Partial Closure Activities

  • There has been an ongoing dialogue about whether or not LEA’s should be able to cite closure standards for units in active landfills that have had one or more closure activities completed.
  • The only unit of an active landfill that can be certified closed is a “discreet unit”, defined in 27 CCR Section 20164 as a portion of a landfill that can be individually monitored.
  • The definition of “partial final closure” in the same section is problematic because it states “the closure of discrete units of a site consistent with the approved closure and post-closure maintenance plan.” Mr. de Bie suggested that CalRecycle do a guide to explain what the intended meaning is and to ultimately change the regulations to clarify if necessary.
  • Preliminary closure plans are part of a joint technical document (JTD) so violations involving units that have had one or more closure activities completed can be cited as JTD violations and as the JTD is incorporated as part of the facility permit as permit violations.
  • Until a site is closed, an LEA can accept and approve preliminary closure plans. The final closure plan is approved prior to the landfill implementing closure.
  • Costs incurred by an operator to carry out closure activities on units in an active site can be subtracted from the financial assurances amount for final closure after the closure activities are certified in accordance with 27 CCR Section 21880.

Broke for lunch at 11:40 a.m. Reconvened at 12:45 p.m.

D. Update from CalRecycle on Draft Title 14/27 Issues

  • Bob Holmes, Ken Decio and Sue O’Leary now comprise the team for compostable materials, transfer station and permit application regulations.
  • The informal comment period on the most current draft proposed regulations ended the end of April. Comments are posted online.
  • The two big pieces moving forward are land application and food/vegetative food.
  • The regulations clarify that compost site operators will need to get results of metals and pathogen testing before material can leave a site.
  • One option being looked at is for a food composter to be included in a lower tier under proposed regulations, if they do a demonstration project to support the claim that they can handle the material.
  • Next step: formal comment period.

E. CIA Site Enforcement

  • Big Issue in Southern California--lots of illegal disposal sites; no good strategy for enforcement.
  • Mr. Young handed out the priority list of closed, illegal and abandoned (CIA) sites in the state and explained how they are “triaged”; “A” rated sites are acted upon first.
  • So. CA RT’s would like to see a CIA site working group, discussing low interest loans for site owners and other issues.
  • Ms. Plantz and Mr. Pitts will work on putting together this group that will also discuss illegal dumping. The scope of the group will need to be established.
  • The group will engage California Conference of Directors of Environmental Health (CCDEH) through this mechanism. A conference call was planned for August 20th.

F. Update on State Water Board General Composting Order Development

  • Mr. Pogue and Mr. Stalker, with the Materials Management and Local Assistance Section, discussed the history of their work with the Regional Board on their compost order since 2007.
  • The current draft order is less prescriptive and more performance based.
  • A summary of tiers one and two as well as facility exemptions was provided.
  • California Environmental Quality Act (CEQA) scoping meeting scheduled for July/August 2013. Stakeholders felt CEQA previously did not address issues adequately.
  • Proposed timelines: Draft environmental impact report (EIR) by June 2014; Final EIR by September 2014.

V. CalRecycle Discussion Items

A. Deputy Director Report (Mark de Bie)

  • Discussed budget, California Redemption Value (CRV) program, out-of-state fraud, possible additional inspections for processors/collectors, possible adjustment of co-mingle rate and potential cap for how much an individual can get reimbursed per day.
  • Working with Air Resources Board on AB32 scoping plan providing assistance to the “waste section” of plan; scope increasing to 2050; workshop to discuss recommendations will be broadcast.
  • Discussed desire for his division to be customer service oriented, including towards LEA’s; non-responses by staff should be brought to supervisors or Mark directly.

B. Legislation Update (Bob Holmes)

  • AB 323-Now 2 year bill; includes phase out of diversion credit for alternative daily cover (ADC).
  • AB 997-Defines anaerobic digestion as a subset of composting.
  • Gordon bill-deals with processed municipal solid waste (MSW) conversion; removal from siting element.
  • SB 801-Solid waste to energy/biomass conversion.
  • AB 403-Home generated sharps now two year bill.
  • AB 488-Batteries; two year bill.
  • SB 254-Mattresses; two year bill now.

C. CalRecycle Staff Update-Welcome and Congratulations to:

  • Wes Mindermann, is the new chief of the Engineering and Support Division.
  • Sue O’Leary has assumed the lead role working on the e-filing project under Bob Holmes.
  • Nevin Yeates has been promoted to supervisor in the permitting central group.
  • Jon Whitehall is the new supervisor for EA inspections, taking over from Jeff Hackett who was promoted to manager.

D. Training Update

  • Load check training in Fresno on June 27th.
  • Odor workshop: Summer of 2013.
  • CEQA: Fall of 2013.
  • Next technical training/conference will be March 17-20 in Ontario; Steering committee is busy planning sessions.
  • Enviro Screen tool is now available for use to help identify cumulative environmental impacts by region.
  • Basic Inspector Training-Leta is working on a new model for presenters using more LEA’s when trainings are offered outside the Sacramento area.

VI. Public Comments:

No public comments

VII. Schedule Next EAC Meeting and Close Meeting

Next Meeting Scheduled for September 25, 2013 at CalEPA Bldg., Sacramento

Meeting adjourned at 3:20 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 3, 2013
Enforcement Advisory Council (EAC) http://www.calrecycle.ca.gov/LEA/EACouncil/
Leta Forland: Leta.Forland@calrecycle.ca.gov (916) 341-6395