California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting: Solid Waste Management through Partnership

Minutes: April 20, 2015

CalEPA Building
1001 I Street
Sacramento

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

I. Introductions/In Attendance

Lisa Jameson--Chair, North Central Roundtable
Karilyn Merlos, Southern Roundtable
Linda Johnson, Southern Cities
Joe Doser, CCLHO (Health Officers)
Kathryn Cross--Vice Chair, South Western Roundtable (teleconference)
John Wells, Northern Roundtable
Paul Tavares, Northern Cities
Sharon Clute, Northern Cities
Greg Schirle - Vice Chair Bay Area Roundtable
Jeffrey Marshall, South Central Roundtable
Lars Seifert, CIA Work Group (teleconference)

Mark de Bie, CalRecycle
Paulina Lawrence, CalRecycle
Wes Mindermann, CalRecycle
Leta Forland, CalRecycle
Bob Holmes, CalRecycle
Kevin Taylor, CalRecycle
Ken Decio, CalRecycle (teleconference)
Jeff Hackett, CalRecycle
Martin Perez, CalRecycle
Maria Salinas, CalRecycle
Georgianne Turner, CalRecycle
Sue O’Leary, CalRecycle
Diane Vlach, CalRecycle
Julia Dolloff, CalRecycle

Minutes by Greg Schirle

II. Agenda Review

Ms. Jameson announced the labor law presentation would be in the afternoon session of the meeting.

III. Approval of Previous EAC Meeting Minutes

A motion was made and seconded (Doser) to approve the minutes from the February 4, 2015 EAC meeting. The minutes were approved by a unanimous vote.

IV. EAC Resolutions: Status and Updates

A. Plan Review Project: Draft Table of Contents

L. Jameson/ W. Mindermann
Presented a draft table of contents for the Technical Plan Review Primer. The Primer is intended to be used as a stand-alone document. It will provide LEAs, regulatory agencies and consultants a guide for review of technical documents such as Preliminary and Final Closure Post-closure Plans, Clean Closure, Certification of Closure and so on.

The Primer will reference the regulatory sections specified for each type of technical document.

EAC committee members to review the draft table of contents and provide comments to L. Jameson or W. Mindermann before the next EAC meeting.

B. Temporary Permit Legislation: Assembly Bill 864

This is a CCDEH SWPC sponsored bill. The Temporary Permit is intended for existing “recycling facilities” employing new recycling technologies or material types which will no longer meet the Three-Part test.

The Temporary permit will allow the existing facility to remain in operation while applying and completing the SWFP process.

The Temporary permit would also provide time for the operation to comply with the Three-Part test.

Temporary permits have time limitations for the operator to complete the SWFP process. It cannot be used to stall the permitting process and is only applicable to existing recycling facilities.

C. Enforcement Issues: Prioritization

  • Failure to Act definition
  • Hearing Panel Timelines 30 to 60 days
  • Hearing Panel Filling Fee
  • Corrective Action vs Warning vs NOV vs Penalty

    Statutory change maybe warranted for timeline change. In order to do so, data is necessary.

    A survey monkey questionnaire will be developed to gather data and information regarding these enforcement issues. The Enforcement Task Force members L. Jameson, J Doser, K. Cross, P. Lawrence and G. Turner will help develop the survey.

D. Closed, Illegal, and Abandoned (CIA) Work Group Update

Developing a draft outline of key issues for data collection from LEAs regarding:

  • CIA sites
  • Cost burden
  • CIA site fee issues

    The draft outline should be ready end of July or early August.

    Looking for additional LEAs for participation on the work group.

E. Post-closure Land Use: CEQA Letter Updates

Final stages of review – CalRecycle Office of Public Affairs to publish letters on their website.

Continuing to receive and add letters for publishing to the website.

  • Advisory Update

The next advisories scheduled for review are:

  • #47: Owner Operator Change
  • #48: Alternate Daily Cover
  • #23: Inspection Guidance

F. Enforcement Agency Notification: California Conference of Directors of Environmental Health, Solid Waste Policy Committee Questionnaire Analysis

The SWPC questionnaire was distributed through the EAC to the roundtables. The EAC has been asked to discuss the responses to decide if further guidance or actions will be requested of CalRecycle and /or the SWPC.

Broke for lunch at 11:30 P.M. Reconvened at 1:00 P.M.

V. CalRecycle Discussion Items

A. Deputy Director Report

Electronic document submittal:

  • 98% of LEAs have completed training for document submittal through the portal.
  • Document submittal through the portal is now active. Both draft and final documents maybe submitted through the portal.
  • Paper documents will continue to be accepted for the next month.
  • The Portal is only for LEA use. Operators in EA Jurisdictions may submit documents directly to CalRecycle.
  • Soon the public will have the ability to review documents uploaded through the final document portal. Therefore, it is important for LEAs to use the appropriate portal for draft and final documents.

B. Labor Law Presentation

John Halligan provided an overview on the California Beverage Container Recycling Program:

  • More than 300 Billion aluminum, glass, and plastic beverage containers recycled since 1987.Cash Redemption Value (CRV) 5 cents for containers less than 24oz and 10 cents for containers equal to or greater than 24oz.
  • Large fund- $1.4 billion for CRV subjected to fraud.
  • Two programs enacted to help eliminate fraud

    1. Reporting requirements for the importation of beverage containers into the state.

    2. Certification Training for new and renewing beverage recycling centers and or processors.

More information can be found: http://www.calrecycle.ca.gov/bevcontainer/

Tabatha Chavez gave a Labor law presentation:

  • US Department of Labor (USDL): Wage and Hour Division (WHD) establishes minimum wage, overtime pay and recordkeeping for employers.
  • Mission is to provide a safe working environment and fair wage.
  • The division is concerned of employer abuse of workers in the recycling industry.
  • US Department of Labor and CalRecycle have established a MOU for information sharing for container fraud and worker abuse. The goal is to promote a level playing field.
  • The Recycling Center Certification training program will utilize questions that contain fraud indicators for the certification process. Fraud practices may also indicate worker abuse.
  • The MOU is proactive not enforcement.
  • If a recycling center is closed by WHD, they will provide programs for job relocation through partner organizations like Catholic Charities.

YouTube video provided during the Labor Law presentation:
https://www.youtube.com/watch?v=oDhBGD9BDh4https://www.youtube.com/watch?v=oDhBGD9BDh4

Additional information can be found here:
http://www.dontwastela.com/

C. Legislation Update

Bob Holms provided a brief review of several legislative bills:

  • AB 45 Mulin- Model Ordinance door to door HHW pick up
  • AB 144 Mathis- misdemeanor illegal dumping on public right of way
  • AB 190 Harper- repeal of plastic bag ban
  • AB 191 Harper- repeal effective date upon public vote AB 385 Chu- until January 1, 2019, require the local enforcement agency that has jurisdiction over the Newby Island Landfill to establish a Newby Island Landfill Community Advisory Committee to hold public meetings, relating to the proposed. Newby Island Landfill expansion and take other actions as provided.
  • AB 435 Chang- Web cast CalEPA and Nature Resources Agency public meetings
  • AB 864 Williams- 15 year capacity for organics
  • AB 876 Mc Corty- 15 year capacity in siting element for organics
  • AB 901 Gordon- recycling reporting
  • AB 1045 Irwin-CalEPA and CalRecycle to promote and develop policy on organic waste diversion programs
  • AB 1063 Williams- $1.40 tipping fee for development of stewardship for house hold batteries and home generated sharps
  • AB 1159 Gordon- stewardship for house hold batteries and home generated sharps
  • AB 1239 Gordon- $1.40 tip fee stewardship programs for CalReycle tire program
  • SB 47 Gordon- health effects of synthetic turf
  • SB 162 Galgiani- removes sunset clause for disposal of treated wood waste disposal in composite lined landfill

D. Proposed Regulations Update

Composting Transfer Processing Regulations:

  • 15 day comment period composting regulations
    Physical contaminant restriction- glass metal plastic. By 2018 Contaminant level up to 0.5% for particle size of 4 millimeters
  • Film plastic restriction to 20% of the 0.5 % total contaminant level at particle size 4 millimeters.
  • One composite sample every 5000 cubic yards of compost produced.
  • Processed storage limitation to 90 days the time limit may be extended if applicable to local land use restriction.
  • SWFP Application E-177 5-Year Permit Review level date acceptance box blank.

E. CalRecycle Staff Update

Diane Vlach has accepted a Senior Environmental Scientist (Specialist) position within the Waste Permitting, Compliance and Mitigation Division, Training and Assistance section.

Duties: will include preparing studies and reports, providing technical assistance, developing and delivering training, and serving as a liaison between CalRecycle and partner agencies.

F. Training Update

Upcoming training sessions:

  • Load checking
  • Communication verbal judo or equivalent.
  • The draft agenda is near completion for the 2015 CalRecycle/LEA Technical Training Conference.
  • Very positive feedback regarding Permit /CEQA training sessions.

G. Public Comment Period

No public comments.

H. Schedule Next EAC Meeting and Close Meeting

Next Meeting Scheduled for August 4, 2015 at Cal/EPA 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: August 10, 2015
Enforcement Advisory Council (EAC) http://www.calrecycle.ca.gov/LEA/EACouncil/
Leta Forland: Leta.Forland@calrecycle.ca.gov (916) 341-6395