California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting: Solid Waste Management through Partnership

Minutes: August 4, 2015

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

I: Introductions/In Attendance:

Lisa Jameson, Chair, North Central Region
Greg Schirle, Vice-Chair, Bay Area Region
Kathy Cross, Vice-Chair, South Western Region (teleconference)
Joe Doser, CCLHO (Health Officers)
Paul Tavares, Northern Cities
John Wells, Northern Region
Linda Johnson, Southern Cities
Jeffrey Marshall, South Central Region
KariLyn Merlos, Southern Region (teleconference)

Mark de Bie, CalRecycle
Wes Mindermann, CalRecycle
Ken Decio, CalRecycle
Susan Markie, CalRecycle
Leta Forland, CalRecycle
Bob Holmes, CalRecycle
Kevin Taylor, CalRecycle
Paulina Lawrence, CalRecycle

Next EAC Meeting:  Monday Oct 26, 2015 at Rohnert Park, CA 9:00-11:30 a.m.

Minutes by Linda Johnson, Some Agenda Items Were Discussed Out of Order

 II. Agenda Review

No additions or comments were made except that agenda item IVB moved to IVA.

III. Approval of Previous EAC Meeting Minutes

The following changes were suggested:  1) verify amount paid for size of CRV container (agenda item VB); 2) Item IVF should be more generalized.

Lisa Jameson will provide some re-wording assistance. There was discussion on the EA Notification wording captured in the meeting notes. In question was the following: “LEA questionnaire identified no broad-based issues regarding the EA Notification” and “Majority of LEA jurisdictions did not submit the EA Notification questionnaire.” EAC members agreed upon the following language: “The SWPC questionnaire was distributed through 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. The minutes were approved with the revised language.

IV. B  Plan Review Primer Project

  • Discussion item: what does T27 say with respect to plans? A draft primer was distributed to the meeting attendees. It is divided into 3 types of plans. The goal is to identify what the regulations currently say and regulatory changes needed to clarify LEAs roles and responsibilities. There may be inconsistencies between Titles 14 and 27 and the Public Resources Code. There are pre- and post-1988 regulations for plans. The goal is to bring all regulations into line so that there is no ambiguity.
  • Lisa Jameson indicated it is necessary to identify issues and see where we want to go. Are we looking at training or a regulatory change?
  • Lisa Jameson requested comments from the EAC members by the time of the conference. Looking for basic framework, if CalRecycle is the coordinating agency, if the LEA is the coordinating agency, and if LEA has their own engineer, then they are the coordinating agency.

A. Enforcement Agency Notifications

The purpose for discussion was to determine where the EAC wants to go with this issue. Not all of the LEAs are having EA Notification difficulties. One of the issues discussed was that there is a non-discretionary aspect to an EA Notification, and it creates problems for some LEAs. CalRecycle has provided draft letters to assist LEAs with this issue. The quick “up-and-operating” type of tier creates problems for some LEAs because this tier does not require a true permit, and thus creates enforcement issues. The CCDEH, SWPC is seeking assistance from the EAC. The PRC does not discuss EA Notifications, it discusses permits. CalRecycle is concerned that the EA Notification has not been identified as an issue for some LEAs. Another CalRecycle concern is that if the EA Notification is no longer an option, then the tier may go away.

Solutions discussed include ability to revoke the permit - this creates a good enforcement tool; planning department education; state minimum standards could be used as an enforcement tool. CalRecycle will continue to gather information to address the LEAs concerns. Questions that came up were 1) is a permit better?; will it give LEAs approval ability?; 2) would a local ordinance route be appropriate?; 3) should the EAC develop a resolution to change the regulations to address EA Notification issues?; 4) would a health permit be required?

Lisa Jameson advised that a permit references what’s in their operation plan. Some counties are put in a position to get a local ordinance because there’s nothing else they are able to do and would like to see addressed at the state level. There are several issues:

  • Lacks approval process
  •  Listed as a permit tier but not a permit (enforcement issue)
  • Source of misuse by operators
  • Maximum amount not based on site capacity

Lisa Jameson identified her specific issues:

  • Non-discretionary
  • Kicker trying to catch up after the fact
  • Not like Registration permit
  • Nothing in the Public Resources Code speaks to the EA Notification

KariLyn Merlos advised that San Diego County uses Title 14 as a requirement that the operators notify the LEA prior to operation.  Their legal counsel interprets this section to apply to all operators.

Kathy Cross indicated most of the problems are with enforcement at composting sites.

Joe Doser shared the advantages of a permit is 1) review prior to operation, and 2) revocation of the permit as an enforcement tool.

Mark de Bie stated that, based upon the discussion, if the LEA needs a way to access the operation before it starts, this is a process, not a permit.  Prior to defining solutions, the EAC will need to define the problem on what it is we are trying to resolve.

Susan Markie advised CalRecycle will be having a session on EA Notifications at the upcoming conference and will include case studies.

Break from 11:25 a.m. to 1:05 p.m.

The meeting minutes from the previous EAC meeting were again discussed. Paul Tavares motioned and Joe Doser seconds to amend and approve the minutes.

Final EA Notification thoughts:  The issue will be tabled for now.  The issues must be defined and solutions presented, as there will be a session on EA Notifications at the Technical Series Conference in October 2015.

C.  Enforcement Issue Survey

Lisa Jameson provided a handout on the latest version of the survey, advised it still needs fine tuning, and will plan on finalizing after the next go-around.  We will be utilizing Survey Monkey for the delivery of the survey.  The survey will go to all LEA Supervisors and Managers.  The EAC Survey Group, Georgianne Turner, Paulina Lawrence and Lisa Jameson will review.

The goal coming from the EAC originated from the EAC and Roundtables.  The top two enforcement issues are 1) Failure to Act, and 2) 30-day time limit on the Failure to Act, what is this provision all about?

Paulina Lawrence commented that the outline format we provided had different types of questions.   This survey is focusing on specifics.  We would like to see some questions to inquire on types of appeals.

Lisa Jameson advised this is a focused survey on what we the LEAs are seeing and that LEAs are spending thousands of dollars on appeals.

Joe Doser shared they also get a lot of “Failure to Act” appeals in Contra Costa County.  Mark de Bie suggested possible questions to identify who is filing the appeal.  Is it community groups, lawyers, etc?  KariLyn Merlos suggested questions about multiple hearings.

V. CalRecycle Discussion Items

A. Deputy Director Report

Presented by Mark de Bie, CalRecycle

  • State Water Resources Control Board is having a session today on their General Order for composting sites
  •  Scott Smithline is the newly appointed CalRecycle Director, still requires State Senate approval.
  • The Deputy Director for Recycling has retired; a replacement has not been named, John Halligan is currently the acting Deputy Director.
    CalEPA-Environmental Justice initiative:  Fresno was initially targeted with Boyle Heights and Pacoima to follow. The Fresno effort found that local inspectors need to be involved in the process. In the Boyle Heights project, local area regulatory entities, including inspectors from the Regional Water Quality Control Board and the Air Quality Management District, participated in a one-day Basic Inspection Academy; the next day they completed site visits and talked with the ommunity.  Inspectors worked together to do cross-joint inspections. The plan is to have all facility-related inspections this month. Next month will be joint enforcement, then do analysis and report to CalEPA. The final report will be on the CalEPA website.
  • CalRecycle continues to be engaged in the Environmental Justice effort with respect to cleaning up facilities at the international border with Mexico.
  • CalRecycle links with non-profit organizations to affect community cleanups
  • CalRecycle may provide tools and equipment for short term solutions, in the long term, CalRecycle may be looking at reuse and disposal possibilities for certain waste streams.
  • CalRecycle is funding a study that is related to the 2008-2009 tire flow study with tires being transported from California to Mexico and back to California.  Want to see if the dynamics have changed, in that putting more focus on the developing markets in Mexico. Doesn’t look like there is a solid infrastructure on the Mexico side to handle the large amount of tire waste.
  • A joint effort by CalRecycle, the California Conference of Directors of Environmental Health and the State Water Resources Control Board is being made to investigate land application of organic wastes as part of the “Healthy Soil Initiative” by Governor Brown. A multi-media group comprised of state boards, air boards, CDFA, CalRecycle, and SWRCB will share information, coordinate efforts, define problems, and find solutions for land application of organics.

B. Legislation Update

Presented by Bob Holmes, CalRecycle.

Four bills are still active

  • AB 876 (McCarty):  direct reporting of organic waste recycling activities.  This bill has been read a second time; due for a third reading.
  • AB 901 (Gordon):  direct reporting and composting waste. This bill is in appropriations.
  • AB 1063 (Williams):  solid waste tipping fees.  This bill is in committee.
  • SB 1262 (Galgioni):  treated wood waste.  Sunset language removed.  DTSC must report back to the state legislature in 2018; sunset moved to 2020.

Paul Tavares shared that AB 385 is dead.  Provided context to the issue.  There has been a focus group and meeting with multiples stakeholders that was productive.

C. Proposed Regulations Update

 Presented by Bob Holmes, CalRecycle

Mattress product stewardship regulations were approved by the Office of Administrative Law and became effective on July 21, 2015.  The mattress stewardship organization submitted a stewardship plan to CalRecycle. CalRecycle will consider approving the mattress stewardship plan at its September 15, 2015 public meeting.

The Compostable Materials and In-vessel digestion (proposed) regulation(s) have completed a second 15-day comment period. CalRecycle is reviewing comments. After CalRecycle adopts the final regulations, they must submit the final rulemaking to the Office of Administrative Law by October 9, 2015. CalRecycle expects the regulations will become effective January 1, 2016.

The physical contaminant limit regulation will become effective in 2018.

D.  Staff Update

 Presented by Bob Holmes, CalRecycle.

No new hires

E. Training Update

 Presented by Bob Holmes, CalRecycle

  • Two class sessions for “Conflict Strategies” will be offered in Riverside and San Diego
  • The Technical Training Series agenda will be posted soon
  • There are plans for LEA/CalRecycle and TEA/CalRecycle partnership sessions.

F.  Electronic Document Submittals

Presented by Leta Forland, CalRecycle

  • The data as of July 2015 shows 176 documents have been uploaded; of these, 133 are final documents and 120 have been processed.  Forty of forty-three review documents have been processed.
  • 359 SWIS DIP inspections have been uploaded
  • 173 LEAs have been trained with 5 more to complete the training
  • Overall, the LEAs are doing a good job with document uploading.

VI. Public Comment Period

 No one from the public was present at the meeting.

VII. Next meeting

Scheduled for October 26, 2015 at the Technical Training Series in Rohnert Park, California.

Meeting adjourned at 2:17 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 16, 2015
Enforcement Advisory Council (EAC) http://www.calrecycle.ca.gov/LEA/EACouncil/
Leta Forland: Leta.Forland@calrecycle.ca.gov (916) 341-6395