California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting

Minutes: November 4, 2014

CalEPA Building
1001 I Street
Sacramento

Meeting Called to Order at 9:30 A.M.

I. Introductions/In Attendance

Lars Seifert, Chair, Southern Roundtable
KariLyn Merlos, Southern Roundtable
Lisa Jameson, Vice-Chair, North Central Roundtable
Linda Johnson, Vice-Chair (Absent), Southern Cities
Tim Kraus for Joe Doser, CCLHO (Health Officers)
Kathryn Cross, South Western Roundtable
John Wells, Northern Roundtable
Marina Winslow, Northern Roundtable
Paul Tavares, Northern Cities
Greg Shirle, Bay Area Roundtable
Chris Rummel, Bay Area Roundtable
Jeffrey Marshall, South Central Roundtable
Bill Stratton (teleconference), CCDEH

Mark de Bie, CalRecycle
Sue Markie, CalRecycle
Bob Holmes, CalRecycle
Kevin Taylor, CalRecycle
Ken Decio, CalRecycle
Paulina Lawrence, CalRecycle
Martin Perez, CalRecycle
Jeff Hackett, CalRecycle
Maria Salinas, CalRecycle
Peter Staklis, CalRecycle
Okla Hensley, CalRecycle

Next EAC Meeting: Tuesday, February 24, 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

Mr. Seifert requested that the EAC roster on the CalRecycle website be updated to reflect the new members of the EAC attending today for the first time. They were selected at their last Roundtables to serve as chair. Linda Johnson was re-elected to serve as chair for the southern cities. Mr. Seifert chaired today’s meeting and stated he will continue to coordinate the CIA work group which he initiated as EAC chair.

The selection process and timing for nominations for the 2014 Ralph Hunter Award was discussed and will be tasked to the next EAC chair to begin working on.

Some agenda items were taken out of order. The Election of officers followed the discussion about the Ralph Hunter Award nominations for 2014.

III. Approval of Previous EAC Meeting Minutes

A motion was made and seconded (Jameson/Rummel) to approve the minutes from the August 20, 2014 EAC meeting. The minutes were approved by a unanimous vote.

IV. EAC Resolutions: Status and Updates

A. Election of Officers

  • The structure and procedures for the EAC were discussed. The two-year terms for the current chair and two vice-chairs are up. Lisa Jameson was elected as chair unanimously as was Kathy Cross, the new vice-chair from Southern California and Greg Schirle, the new vice-chair from Northern California. Votes cast for the new EAC officers were by the current EAC members.
  • Mr. Seifert indicated he would draft an EAC Resolution regarding the new EAC officers. Mr. Seifert was commended for the outstanding job he did as EAC chair.

B. LEA Advisory Updates

  • While the EAC previously reviewed and concurred on changes to Advisory 47 (Change in Owner/Operator), a subsequent question was posed by Mr. Rummel and CalRecycle took another look at the draft and has added some language to address the issue raised. Discussion followed about the legal definition of owner and various sources for definitions to be looked into further by CalRecycle such as the BOE and the Secretary of State website. Mr. Holmes will check with CalRecycle legal staff and send final version to Ms. Jameson to circulate to the EAC prior to the next meeting.
  • Mr. Holmes introduced Martin Perez who is the CalRecycle lead for updating the advisories and creating the guidance documents. Updated advisories will be located in the permit toolbox on the CalRecycle website. He introduced the list of advisories to be updated and the top ten, prioritized by CalRecycle, to be revised first. If suggestions for re-ordering come up during the process, CalRecycle is open to changing the order.
  • The next advisory that CalRecycle has requested an expedited review from the EAC is Advisory 48 (Intermediate/ Daily Cover). The current draft revision clarifies the timeline and process of a demonstration project. Mr. de Bie added that LEA’s need to specify in their approval letters if the operator needs to amend their RFI or if the project can continue as approved pending inclusion in the RFI. Mr. Wells and Ms. Cross inquired if there was a list of approved demonstration projects that could be made available to LEA’s. Mr. de Bie indicated that in the past there was not much of a record but for the last five-six years there are many more examples stating MRF fine demos are big now such as proposals to mix MRF fines with green waste or soil. Mr. Holmes will discuss comments with Ms. Jameson who will send out the advisory/guidance for an expedited review. The EAC will be asked to provide feedback and edits and decide if the guidance should be circulated to the Roundtables before it is finalized.
  • Mr. Seifert referenced a June 7, 2010 EAC resolution (#2009-01) regarding the history, purpose and the EAC’s role in full and expedited reviews of guidances.

C. Post-Closure Land Use/CEQA

  • At the last EAC meeting, CalRecycle’s help was requested in compiling a checklist of CEQA appropriate comments an LEA could use when commenting on a proposed land use project, adjacent to a landfill. We also discussed including this facet of an LEA’s role, as responsible agency under CEQA, as part of the upcoming CEQA trainings.
  • At today’s meeting, Mr. de Bie said that legal was looking at this issue in terms of providing some guidance to LEAs with respect to crafting an effective letter with legal standing. He mentioned that “hazards” are already listed on the CEQA checklist used by those who write environmental documents. The issue is whether or not a jurisdiction wants to force a developer to do mitigation as part of their project. LEAs can send comment letters to Martin Perez who will generate a list. Mr. Holmes stated that Advisory 51 (Disposal Site Post Closure Land use) provides some guidance to LEA’s for proposed development on landfills.
  • Mr. Perez will pick up working on this issue once he has updated a few advisories. The CEQA toolbox is the most likely online location for addressing this stand- alone issue.

D. Disposal Reporting System

  • Mr. Staklis and Mr. Hensley who presented on DRS at the last EAC meeting returned to show what reporting functions are available to LEAs now and what future potential reporting options may include. These facility (landfill only) specific quarterly reports are available to LEAs who request access to them. LEAs can also ask DRS for information or to generate a report. Airspace information was given as an example.

Broke for lunch at 12:00 P.M. Reconvened at 1:00 P.M.

E. EA Notifications

  • Bill Prinz and Greg Pirie have been working on a focused paper to discuss ongoing LEA issues with this permit tier, the intent of which was to address operations that have a minimal impact on the environment and provide a mechanism for them to get up and running quickly. Mr. Siefert indicated that he will ask the members of the SWPC to send the draft guidance to the EAC for our review and comment. Mr. Rummel described a chip and grind operation that appeared overnight and has presented many challenges for local authorities who are now working together to support an injunction against the operator.

F. Change of Owner – Item was discussed as part of Advisory 47 update.

G. Permit Review Applications

  • The discussion centered on whether or not an LEA is required to make a “complete and correct” determination for five year permit review applications. The short answer to this question is “no”. The LEA can just write a letter stating that we did not get what we needed. Mr. Siefert pointed out that this, however, is not a typical LEA directive.
  • An appeal was filed in Orange County where in the “Official Use Only” box the application was “accepted for filing”.
  • Mr. de Bie indicated he would discuss with counsel whether a revision to the regulations is necessary. Review of permits (21640) is not a State Minimum Standard that can be enforced. More discussion and guidance on this issue will follow as part of the pending update to Advisories 21 and 24 (to be merged) and will be discussed at the next Roundtables. In the meantime, LEAs should leave the “Official Use” box blank.

H. Emerging Solid Waste Issues and Changing Infrastructure

  • Mr. de Bie presented at the CCDEH conference on emerging solid waste issues. He discussed possible new approaches to addressing the ongoing dynamic nature of the field including looking at new opportunities for “activities” under the LEA authority that need to be fully explored.

V. CalRecycle Discussion Items

A. Deputy Director Report (Mark de Bie)

  • The revised tire regulations are now in effect. One webinar for TEAs has been given so far and another is scheduled. Tire staff will be generating a Q&A for the new regulations.
  • Discussed the workshop last month on the five year plan for the tire fund and new ideas such as using grants/loans as incentives to develop new markets. Other aspects of the plan include funding local conservation corps that would the use the funds to support clean-ups and tire amnesty events, using tire money to investigate tire shreds going into landfills and if they impact gas generation or movement by acting as a conduit.
  • A workshop on packaging is set for Nov. 13, 2014 to explore options for a broad ranging discussion paper to discuss the full range of ideas from product stewardship, and minimal content to bans.
  • CalRecycle issued a Cease and Desist Order against a facility that was storing a large quantity of tires. An appeal resulted in a Settlement Agreement for 200K in penalties and permit conditions.
  • CalRecycle has received an appeal request regarding a So. CA landfill issue.
  • Mr. de Bie presented at the CCDEH conference on emerging solid waste issues and ways in which the role of the LEA may be expanded such as being allowed to regulate certain sites while longer term solutions such as regulation changes can be completed.
  • The Boles fire clean up, that CalRecycle was the lead on, was completed just before Oct. 31st with C&D from over 150 structures being removed from the town. The next step for city officials involves completion of erosion control measures prior to certifying that re-building in the impacted area can begin. The cost of the clean-up was over $4M. CalRecycle will be reimbursed by OES.

B. Legislation Update (Bob Holmes) – nothing to report this time

C. Proposed Regulations Update

  • Formal rulemaking on Compost/Transfer Processing regulation changes ends Dec. 5, 2014 with the Public Hearing scheduled for Dec. 10 for oral comments. Industry groups continue to express concern over the 0.1% contamination limit, POTW exclusion and odor components. Letters from LEAs stressing protection of public health and the environment will weigh heavily in the process. An email reminder will be sent out to the EAC and all Roundtables asking for their comments and support for the process.
  • Ms. Cross will serve as the EAC contact for CalRecycle now through the fifteen day CalRecycle response period that follows the close of the comment period. Copies of all comment letters should be sent to her.

D. CalRecycle Staff Update

  • Maria Salinas, manager of the new Environmental Justice Program was introduced and welcomed.

E. Training Update – No news on trainings at this time.

F. Carpet Recycling Operations – Sue Markie

  • A (draft) guidance was developed for LEAs and a brochure was developed for industry describing the CDI Transfer Processing regulatory requirements that carpet recyclers are subject to. The list of operations that receive carpet for recycling was generated by CalRecycle staff on the diversion side. The guidance will be rolled out to CalRecycle staff next week and will also go to the Roundtables for discussion/comment.
  • It was mentioned that there is already a regulatory exclusion for “mattress recyclers” as this is the next waste stream that a recycling infrastructure is being organized around.

G. Electronic Document Submittal

  • This project has been delayed. Documents in the portal won’t be available to outsiders via SWIS until February or later. Requests for records will be difficult initially. Ms. Forland or Ms. O’Leary will be contacting LEAs to arrange for small group trainings with individual LEAs sitting in front of their computers.

VI. Public Comment Period

No public comments.

VII. Schedule Next EAC Meeting and Close Meeting

Next Meeting Scheduled for February 24, 2014 at CalEPA Bldg., Sacramento

Meeting adjourned at 3:30 P.M. The CIA Work Group meeting followed this meeting.

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: March 6, 2015
Enforcement Advisory Council (EAC) http://www.calrecycle.ca.gov/LEA/EACouncil/
Leta Forland: Leta.Forland@calrecycle.ca.gov (916) 341-6395