California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting

Minutes: May 6, 2014

CalEPA Building
1001 I Street

Meeting Called to Order at 9:35 A.M.

I. Introductions/In Attendance

Lars Seifert, Chair, Southern Roundtable
Lisa Jameson, 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
Jeffrey Marshall, South Central Roundtable
Bill Prinz, City of San Diego

Mark de Bie, CalRecycle
Wes Mindermann, CalRecycle
Georgianne Turner, CalRecycle
Leta Forland, CalRecycle
Debbie Knight, CalRecycle
Bob Holmes, CalRecycle
Jeff Hackett, CalRecycle
Ken Decio, CalRecycle
Paulina Lawrence, CalRecycle

Next EAC Meeting: Wednesday, August 20, 2014 at CalEPA-Sacramento 9:30 A.M.-3:30 P.M.

Minutes by Lisa Jameson.

Some agenda items were discussed out of order.

II. Agenda Review

Brian Pitts retired leaving a vacancy for a new CCDEH representative. Selection of his replacement is on the agenda for tomorrows’ Solid Waste Policy Committee meeting. Item IV.C, the State Water Resources Control Board item, is deleted as they have indicated that they have no updates at this time on the topic of green material land application.

III. Approval of Previous EAC Meeting Minutes

Corrections: The statement that LEA’s cannot charge a fee for quarterly inspections at closed sites was deleted. The “Closure Permit” agenda item was omitted in error from the draft minutes and will be added to the final version. The discussion under this item included Greg Schirle’s presentation followed by CalRecycle’s comments about closure permits.

A motion was made and seconded (Jameson/Rummel) to approve the minutes from the February 26, 2014 EAC meeting. The minutes were approved by a unanimous vote.

IV. EAC Resolutions: Status and Updates

A. Partial Closed Sites

  • Since the regulations allow for partial closure prior to a site being certified as closed, LEA’s continue to express the need to access the closure and post-closure maintenance standards for those areas of the landfill on the Disposal Facility inspection form. The point was made that the third party CQA already certifies that final cover for these units has been constructed per the partial closure plan.
  • CalRecycle indicated that an active site is only subject to closure standards as written in Title 27 if those standards are specified in the Post Closure Maintenance Plan which is part of the JTD. One suggestion for documenting cover and other violations in these closed units was to cite a violation under 27CCR section, Site Maintenance.
  • It was suggested that since it may be difficult to notate a violation (for failing to do post closure maintenance on a closed unit as an RDSI violation under 27CCR section 21600), an LEA could possibly site a permit violation since the RDSI is incorporated as part of the Solid Waste Facility Permit.
  • Other possible ways to enforce the closure standards would be to require the operator to do an RDSI amendment with any desired language that the approved partial final closure plan lacks or to have them do a permit revision.
  •  CalRecycle reminded everyone that the 30-year post closure clock and financial assurances period does not start until entire site is closed. LEAs should use active status forms for the closed areas of the still-active landfill. CalRecycle offered to walk through the issues with any LEAs experiencing difficulties with which forms to use.
  • LEAs may wish to comment and require removal of the word “Final” in plans submitted for approval of the partial closure of a landfill that is still active.
  • The EAC unanimously passed a resolution (Doser/Oda) requesting that CalRecycle provide written guidance to all Enforcement Agencies as to enforcement of closure and post-closure maintenance standards on closed units at active landfills.

B. Enforcement Program Plan

  • An EPP Toolbox has been created to help facilitate EPP submittals. FAQ’s have been developed to answer the most common questions received. Electronic submittals should follow the e-submittal guidelines in the toolbox. The newest additions to the toolbox are sample fill-in forms including the Budget and Time-Task Analysis forms. While LEA’s are not required to use these sample forms, they do help ensure that a submittal will contain all the required elements. As a reminder, a CalRecycle EPP approval letter, drafted last year by staff at the request of the EAC, is available upon request. The toolbox is a work in progress and all suggestions are welcome (via toolbox suggestion box).
  • A suggestion was made for CalRecycle staff to provide an update on the EPP Toolbox at the upcoming roundtables. The 2007 hearing panel advisory is outdated and on the list to update along with the enforcement advisory.
  • As a reminder, a CalRecycle EPP approval letter, drafted last year by staff at the request of the EAC, is available upon request.

C. Item Deleted – see agenda review

D. Alternative Frequency Waste Collection Programs

  • During a presentation before CCDEH in March, the City of San Francisco and their franchisee, Recology, proposed a pilot project to reduce the solid waste pick-up frequency, of what remains after the recyclables, green and food waste have been removed, to bi-monthly from the currently required weekly pick-up in Title 14 and the Health and Safety Code.
  • CalRecycle would support pilot projects proposed by jurisdictions provided the LEA is consulted and parameters are worked out with the local health officer and LEA to address public health concerns.
  •  EAC members were asked to poll LEA’s at upcoming roundtables regarding any pending proposals for similar pilot projects in their regions and bring that information back to Lars Seifert or Becky Ng.

Broke for lunch at 11:50 A.M. Reconvened at 1:15 P.M.

E. Post Closure Land Use

  • There was a discussion about at what point in the process LEA’s should get involved. The potential impacts of landfill gas does not go away when the proposed structures (and sensitive receptors), that are less than 1000 feet from the fill, happen to be outside the permitted boundary of the landfill. Changes in post closure land use, both within the landfill boundary and adjacent to it, necessitate changes to the post closure maintenance plan and this is what brings CalRecycle in.
  •  LEA’s have looked to other jurisdictions, such as in Southern California, who have lots of experience with what can go wrong if these issues aren’t adequately addressed by the jurisdiction and the developer. Typically an EIR evaluates the impact of a project on the surrounding uses and receptors, ie. the construction of a residential development next to a landfill can cause the landfill to have to upgrade its gas monitoring and control systems to prevent an impact to sensitive receptors. It can also be argued that a proposed project could put the public in harms’ way.
  • Members asked CalRecycle to compile examples from around the state, that can be drawn upon when LEA’s are commenting on similar, proposed developments and report back to the next EAC. CalRecycle concurred that this may be a good time to renew discussion regarding lessons learned and assess whether identified issues ten years ago have remained or have been resolved. Specifically,
    • CEQA analysis and appropriate mitigation measures to address offsite concerns is often inadequate.
    • Consultants for developments are typically not experienced in solid waste landfill issues and regulations.
    • Incorporation of environmental systems within development plans is often lacking.
    • Long-term responsibility for environmental systems after development is completed is not considered.
  • The US EPA is encouraging the use of brown fields and old landfills for alternative energy uses such as solar projects.

F. Closed, Illegal and Abandoned Site Working Group

  • The list of LEA’s that are going to participate in the CIA working group so far are: John Wells, Lisa Jameson, Pete Oda, Dee Hanson, Chris Rummel, Jeff Marshall, Linda Johnson, Paul Tavares, Bill Prinz and Stan Chau. Roundtable chairs will be asked to finalize their participants at their next round table.
  • CalRecycle will provide a support role, providing information and resources as opposed to actively participating and offering opinions.
  •  The goal of this limited term (one year) working group would be to produce a white/green paper using CalRecycle white papers (ADC, Strategic Initiatives) as good examples for how the final product might look.
  •  The group will engage CCDEH and the Water Board on policy issues.
  • A big challenge will be to define and fine tune the issues the group plans to focus on.
  • CalRecycle staff encouraged the members to become familiar with existing resources first. Suggestions for how the group might structure its efforts were shared.
  • Leta will provide support for email groups and work status.

V. CalRecycle Discussion Items

A. Deputy Director Report (Mark de Bie)

  • A report on how green waste/mulch moves around the state is being compiled by the SWRCB and they will have more information to share soon.
  • The state legislature approved “Compost Awareness Week” for the week of May 5-May 9, encourages the public to compost.
  • CalRecycle is working with a few LEA’s to develop the process for electronic document submittal prior to its availability to all LEA’s. Most LEA’s are already using SWISDIP for submitting inspection reports. The deadline for all to use SWISDIP for inspections is July.
  • Staff will be contacting the LEA’s and following up on complaints about abuse of ADC at several landfills to determine if the issue is abuse of ADC or reporting errors. The findings will be reported on at the next monthly public meeting.
  • Some regulatory clean up language will occur to clarify that solid waste facilities, not just landfills are subject to the new mattress reporting requirements.
  • Cap and trade for composting/AD sector is being considered. This will build infrastructure, help us meet the 75% diversion goal, and assist with greenhouse gas reduction. CalRecycle has information for grants and loans.
  • Debbie Raphael has resigned from DTSC and will move to San Francisco as Director of Environmental Health.
  • Part of the new proposed state budget would take 5 million dollars from the tire fund and add it to the fund for beverage containers.
  •  Applications for a new grants for LEA’s and others to apply for, through the Division of Recycling, to carry out recycling enforcement, would be due by January 15, 2015 under the proposed schedule for implementation of this program. These inspections will help screen for CRV coming in from out-of-state.

B. Legislation Update (Bob Holmes)

  • Updates were provided on the following bills: AB 1594 (would end counting ADC as diversion on 1/1/2020); SB 1014 (pharm waste diversion); AB1893 (sharps waste); and AB 1826 (mandated green waste collection).
  •  Regulations update: Staff is still working on the fiscal analysis of the draft compost regulations before the final rule making process begins; comments on the tire regulations are due this month.

C. CalRecycle Staff Update

  • Paulina Lawrence was introduced as the new manager of the enforcement section, filling in behind Georgianne Turner who was promoted to Branch Chief.
  • Three new engineers, one in closure and two in the clean-up program, will be starting work soon.

D. Training Update (Bob Holmes)

  • The new online Hazwopper training will open for registration May 23 and allow until June 13 to complete the training. Six REHS CEU’s will be provided upon successful completion.
  • The last of the Making Change Work trainings be in Riverside on May 28. Good feedback has been received by attendees.
  • The upcoming landfill gas trainings will be a hands-on and are scheduled for July 1 in Sacramento, July 15 in Stockton, July 22 in Fresno, July 24 in Belmont-San Mateo, August 5 in Ventura, and August 6 in Baldwin Park.
  • A Permit/CEQA training is slated for this fall. Dates will be announced.
  • A camera for investigating the integrity of landfill gas probes is now available for request by LEA’s. Contact Gino Yekta to fill out a request form. CalRecycle engineering staff will operate the equipment for LEA’s.
  • Staff will provide a brief update on the electronic document upload project at each of the upcoming round tables.

VI. Public Comment Period

No public comments.

VII. Schedule Next EAC Meeting and Close Meeting

Next Meeting Scheduled for August 20, 2014 at CalEPA Bldg., Sacramento

Meeting adjourned at 3:25 pm. The CIA Working Group meeting convened at 3:30 pm.

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: August 27, 2014
Enforcement Advisory Council (EAC)
Leta Forland: (916) 341-6395