California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting

Minutes: September 25, 2013

CalEPA Building
1001 I Street

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

I. Introductions

Lars Siefert, Chair, Southern Roundtable
Linda Johnson, Vice-Chair, Southern Cities
Lisa Todd, Vice-Chair, North Central Roundtable (absent)
Joe Doser, CCLHO (Health Officers)
Pete Oda, South Western Roundtable
Marina Winslow, Northern Roundtable
Paul Tavares, Northern Cities
Chris Rummel, Bay Area Roundtable
Glen Allen, South Central Roundtable/Fresno County
Jeffrey Marshall, Kern County LEA
Rebeca Lafreniere (teleconference), San Diego County LEA
Bill Prinz (teleconference), City of San Diego LEA
Janet Gardner (teleconference), South Central Roundtable
Kevin Tsuda (teleconference), Fresno County LEA
Vacant Position, CalRecycle EA
Vacant Position, Contract Counties
Mark de Bie, CalRecycle
Jose Ortiz, CalRecycle
Wes Mindermann, CalRecycle
Ken Decio, CalRecycle
Susan Markie, CalRecycle
Sue O’Leary, CalRecycle
Debbie Knight, CalRecycle
Glenn Young, CalRecycle
Leta Forland, CalRecycle
Jeff Hackett, CalRecycle
Bob Holmes, CalRecycle
Michael Wochnick, CalRecycle
Bonnie Cornwall, CalRecycle
Nevin Yeates, CalRecycle
Kevin Taylor, CalRecycle
Jon Whitehill, CalRecycle 

Next EAC Meeting: Wednesday, December 11, 2013 in Sacramento from 9:30 a.m.-3:00 p.m.

Minutes by Linda Johnson.

Some Agenda Items Were Discussed Out of Order. 

II. Agenda Review

Move enforcement strategy plan discussion to December 11, 2013 EAC meeting. CalRecycle Deputy Director Jose Ortiz from the Division of Recycling will present in the afternoon. 

III. Approval of Previous Minutes:

Corrections: Name spellings. Clarification that CalRecycle is not revising the enforcement strategy plan, bullets 3-5. No other changes, corrections or deletions.
A motion was made by Linda Johnson and seconded by Marina Winslow to approve the minutes from the June 11, 2013 EAC meeting. The minutes were approved by a unanimous vote.

IV. EAC Resolutions Status and Updates

A. Closed, Illegal and Abandoned (“CIA”) Sites Work Group

  • What will be the CIA working group deliverables? LEAs and CalRecycle must determine what tools/policy options are available to develop a CIA inventory. The components of a workgroup may include who the members are, general scope, deliverables, and meeting frequency. Much work is needed to identify key CIA issues. The five key CIA issues are: inspections, owners, investigations, enforcement and funding. Deliverables from a CIA group may include guidance with a policy element which could be forwarded to CCDEH and others. Funding and grants for CIA investigation may be limited. Questions and discussion regarding CIA prioritization, funding, legal issues, enforcement, closure, and policy oversight.
  • CalRecycle comments that policy should be coming from CCDEH, not EAC. CalRecycle also brought forth issues with respect to time spent on CIA sites, which entity is the policy body. CalRecycle has interest in addressing CIA problems but the mechanics and legality of policy development are concerns. CalRecycle will provide support but states CCDEH must provide the leadership. CIA inspections and best management practices at these sites are also concerns.
  • Discussion regarding CIA enforcement strategies: Inspect, flag violations, obtain defensible field data, this data must support the enforcement and remedial effort goals.
  • CalRecycle believes scoping can be performed by the EAC, then present findings to CCDEH. Again, concern the barriers to CIA investigation/enforcement may be policy issues and funding. Site investigation is a key to prioritization.
  • LEAs are concerned with CIA landfill sites and resultant landfill gas issues, multiple owners, and ultimate cleanup responsibility is a barrier.
  • LEAs are seeking participation in CIA working group, suggesting a representative from each region. Present the idea to round table members. Santa Clara, Fresno and Kern Counties have CIA issues. Another concern is interaction and cooperation from sister agencies (i.e. SWRCB, local AQMDs, DTSC, Fish & Wildlife, etc).
  • CalRecycle agrees a working group would prove valuable, cooperation with other agencies is necessary. Perhaps a core working group to dissect issues then expands to a secondary group based upon results of core group findings; bring in sister agencies on an as needed, site-specific basis. Currently there is a detailed guidance document for prioritizing sites. CalRecycle can only address solid waste issues, not water, air, or wildlife. Coordination with other agencies is essential. CalRecycle does have examples of CIA sites in progress; might move these case studies into web-based guidance. CalRecycle is requesting a white paper stating CIA issues and recommendations to resolve CIA sites, then a follow-up white paper discussing barrier issues and CCDEH involvement.
  • CalRecycle is requesting the working group proposal include CIA working group meeting frequency, time commitment for workgroup members to maintain focus and a minimum number of members to achieve goals. Recommendation for a review group for fact-checking. Different types of CIA sites require different approaches to resolution.
  • Discussion with respect to matching grant funds: public vs. private. All funds are for public assistance; not for private entities except where the public agency has oversight and is responsible for a privately-held site.

F. EAC Membership

  • Membership structure and decisions discussed. Membership will be discussed at next EAC meeting. Some additional research will be done by CalRecycle.

B. LEA Advisory 52 and Update Permit Toolbox

  • No substantive changes to Advisory 52. Discussion to move LEA permit review advisories to the toolbox.  Discussion with respect to moving from advisory format mode to inclusion on web site; more flexibility and expediency. Discussion that LEAs should bring this up at the next EAC before moving advisories to the CalRecycle toolbox. Advisory 52 may be an easy first one to move to the toolbox but other advisories should undergo vetting to ensure any changes to guidance be discussed at the EAC prior to moving to toolbox. Round table members should be informed prior to moving advisories to toolbox. It was decided that EAC members should deliberate for 30 days prior to making a final decision on moving Advisory 52.
  • Additional discussion on whether to move advisories to toolbox in batches or individually. There was some support for moving advisories on an individual basis so minor changes could be addressed if necessary.

Break from 10:50 to 11:05 a.m.

D. Partial Closed Sites

  • LEAs expressed continued concern with definitions and closed site standards, specifically the following three points: closure cost estimates and phased closure activities for non-discrete units; closure funding; paperwork processing and approval. CalRecycle responded that the process for partial closed sites is in regulation and has not changed. Further discussion did not provide immediate resolution to LEA concerns. CalRecycle expressed sensitivity to that and will work with LEAs to resolve confusion.
  • Certain nuances in the closure regulations could be addressed. CalRecycle is willing to work on a case-by-case basis with the LEA and operator to resolve questions.CalRecycle suggested that post closure maintenance language could be reviewed to determine if changes should be made to provide clarification. LEAs cannot use post closure standards on active sites (including those with partial final closures).

G. Ralph Hunter Award

  • Awarded to an individual nominated by his/her peers and selected as the recipient by a committee. Nominating letter and packages to be sent out by EAC Chair. The award will be presented in March 2014 at the Technical Training Series (or by choice of the recipient, according to the Nomination Procedure) to be held in Ontario, California.

C. Disaster Debris Management

  •  Discussion regarding the LEAs authority during disasters and obtaining emergency waivers.  CalRecycle suggested disaster debris management training could be conducted at round table meetings.

Break for lunch at 11:47 A.M.  Reconvene at 1:04 P.M.

V. CalRecycle Discussion Items

A. Deputy Director Report (Mark de Bie)

  • AB32 revisions to scoping plan. The California Air Resources Board (ARB) is mandated to update the 2008 scoping plan. Development of strategies to reduce green house gases. Community recycling mandate. Strategies and planning for different sectors for 2020, 2035 and 2050. There are agency meetings with stakeholders to discuss strategies.  In response to Air Resources Board directive ARB and CalRecycle established a joint workgroup for the waste sector plan.  Achieving the mandates of AB 341 results in significant GHG reduction, so the two efforts support each other. Listserv contains updated workshop dates. Activities include research on banning green waste, additional recycling infrastructure, and gas emissions from landfills.
  • Jose Ortiz, Deputy Director for the Division of Recycling discussed the following items: Beverage Container Program and reforms. Want to maintain the program’s purpose and preserve legislative intent. Challenges include structural deficit and fraud within the program. The good news is we are 25 years into the program and have nearly attained over 85% recycling with respect to beverage containers. A new program for recyclers is being developed with probationary periods being considered for new applicants. There will be updated regulations and payment basis changes.  Discussion about CRV and non-CRV loads.
  • Mark de Bie and CalRecycle staff discussion continued. There will be grant and educational programs to assist CRV recyclers.  Update on AB341. Stakeholders are requesting information on the 75% goal.  CalRecycle states there are direct correlations between AB32 and AB341. An update to the CalRecycle AB341 report is expected soon.

D. CalRecyle Staff Update

  • Lorraine Van Kekerix will be retiring at the end of September 2013. Georgianne Turner, Trevor O’Shaughnessy and Bill Albert will step in on a rotating basis until the position is filled. Steve Santa Croce has moved to the Clean-Up program; Todd Thalhamer was appointed to Technical Senior Waste Management Engineer position and is an internationally recognized expert on landfill fires.

E. Legislative Update

  • The following bills are awaiting the Governor’s signature: AB 1126 (engineered municipal solid waste conversion); AB1398 (LEA Authority Bill); SB 254 (used mattress recycling and stewardship); SB804 (biomass conversion).

C. Draft Regulations Title 14 and 27

  • Status: A revised draft version was posted on September 15, 2013 to the CalRecycle website; no major diversions from previous direction. Discussion on in-vessel digestion by Kroeger. Discussion on OIMP, small-scale exclusions for composting sites, verbiage for mixed solid waste in composting sites --- will be changed to mixed material to avoid confusion. Discussion of existing compost research sites and percent contamination at front and back ends, what constitutes contamination by weight of metal, plastic and glass.

Break from 2:35 – 2:40 p.m.

B. Training Update

  • Permit/CEQA online workbook will be available in next few weeks. Odor at composting sites on-line training to be completed by October 28, 2013. Technical training sessions will be held in Ontario March 17-20.  Registration begins in October 2013.
  • A big thank you to LEAs that volunteered for Basic Inspector Academy.
  • Tabled EAC discussion on EA notification until December 2013 meeting.

VI. Public Comments:

No public comments

Meeting adjourned at 3:01 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: December 31, 2013
Enforcement Advisory Council (EAC)
Leta Forland: (916) 341-6395