California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting: Solid Waste Management through Partnership

Minutes: December 9, 2015

Meeting Called to Order at 9:55 a.m.

I: Introductions/In Attendance

Lisa Jameson, Chair, North Central Region
Kathy Cross, Vice-Chair, Southern Region
Sean Debley, South Western Region
Joe Doser, California Conference of Local Health Officers (CCLHO)
John Wells, Northern Region (teleconference)
Greg Pirie, Bay Area Region (teleconference)
Linda Johnson, Southern Cities
Jeffrey Marshall, South Central Region
Paul Holloway, Placer County
Lars Seifert, Imperial County (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
Martin Perez, CalRecycle
Maria Salinas, CalRecycle
Bonnie Cornwall, CalRecycle
Julia Dolloff, CalRecycle
Hank Brady, CalRecycle

Leslie Graves, State Water Resources Control Board
Scott Couch, State Water Resources Control Board

Next EAC Meeting: Wednesday March 2, 2016 at Cal/EPA Training Room 2 East/West 9:30-3:00 p.m.

Minutes by Kathryn Cross

II. Agenda Review

Lisa Jameson stated that we had a full agenda and the State Water Resources Control Board representatives would be able to attend after lunch to discuss their agenda item. Wes Mindermann has a presentation regarding the California Wildfire cleanup; this presentation will be done where time permits. The EAC meeting starts with agenda item V, CalRecycle discussion items and as time permits, prior to lunch, start on agenda items in IV, EAC Resolutions, Status and Updates.

Prior to discussing the agenda items, the shooting that occurred in San Bernardino was mentioned to give attendees a chance to discuss vigils, remembrances, activities or comments associated with the tragedy. Most cities and counties were honoring a moment of silence today at 11 a.m. The Cal/EPA building, in which this meeting was taking place, was also holding a moment of silence today at 11 a.m. for remembrance of the victims and the EAC would participate.

Mark De Bie shared that CalRecycle Director, Scott Smithline sent a letter to Public Health once it was learned that the San Bernardino LEA was impacted by the tragedy. CalRecycle is working with Public Health to see how they can support the San Bernardino LEA program with their resources and also to contribute to the memorial funds that are set up. Lisa Jameson mentioned that the California Environmental Health Association (CEHA) have set up funds for the families.

III. Approval of Previous EAC Meeting Minutes

Two EAC Meeting minutes needed to be approved: August 20, 2015 and October 26, 2015. The August 20, 2015 meeting minutes were approved by motion; however, a minor change was required on the date.

There were several corrections needed in the October 26, 2015 meeting minutes; the corrections were discussed and a revised copy was to be sent to Leta Forland. A motion was made to approve the meeting minutes with the corrections discussed and it was seconded, thereby approving the meeting minutes.

IV. CalRecycle Discussion Items

A. Deputy Director Report

Mark de Bie started his report discussing workshops beginning with a Waste Tire workshop that was held on November 4, 2015. Mr. de Bie stated that the state is currently at 40% recycling rate for waste tires and 90% diversion rate of tires. Incentive programs were discussed to help increase the recycling rate and the possibility of improving existing programs. Discussion also included electronic manifesting; there is still a high percentage of businesses using paper format instead of electronic reporting.

Another workshop discussed was the “California Environmental Goals and Funding Waste Management Infrastructure” held in Diamond Bar on December 8, 2015. Hank Brady stated that there were approximately 80 attendees in Diamond Bar, and another workshop is scheduled for December 15, 2015 in Sacramento which will also be available as a webcast. These workshops are to seek feedback on potential funding mechanisms that support achieving 75 percent recycling goals, what’s known and possible solutions, and move away from solid waste programs dependency on tip fees. AB 1063 has a fee restructuring component and shifts fees from tipping fees to generator fees.

B. Legislation Update

  • AB 901-Enforcement of reporting on diversion and recycling for jurisdictions; effective January 1, 2016. New regulations will be forthcoming.
  • AB 1071-Penalties used in enforcement cases can be used for supplemental environmental projects. Monies need to go to disadvantaged communities; must have public meetings.
  • AB 1045-requires CalEPA, in coordination with State Water Board, State Air Resources Board, and the Department of Food and Agriculture, to develop and implement policies to aid in diverting organic waste from landfills by promoting composting.

C. Update on Compostable Materials, Transfer/Processing Regulations

Bob Holmes informed the group that the changes and additions to Title 14 and 27 were approved in November and take effect January 1, 2016. There are some provisions within the new regulations that have later effective dates, such as the contaminant levels in composting that go into effect in 2018. Previous terminology in regulations, such as the in-vessel regulations, will have a 2-year change over from previous regulations to new regulations.

D. CalRecycle Staff Updates

  • Jeffery Esquivel-New CalRecycle Permitting Specialist (South)
  • Christine Hironaka-Assistant Director of Policy

Presentation: Wes Mindermann showed a video of the fire debris cleanup efforts which is available on CalRecycle’s website. CalRecycle was involved in the California 2015 Wildfire cleanups that included the Valley Fire, the Butte Fire, the Trinity County Fires, and the Rocky and Jerusalem Fires. CalRecycle has had over 80 personnel working on the cleanup projects. Landfills in the area are impacted; soil and ash can go to Class III landfills, metal and concrete are recycled.

Jeffery Marshall spoke about the landslide that occurred on Highway 58 near Tehachapi that became an emergency debris removal operation. He discussed the many agencies involved and the need to slow down, access the situation fully, and have an emergency debris/disaster plan.

E. Training Updates

  • Ken Decio gave an overview of the success of the 16th Technical Training Series; Mock Inspection, Keynote presentations, field trips, Permitting and Public Hearing received the most favorable reviews.
  • Several training events were mentioned and are on CalRecycle’s website under LEA training such as Compostable Material Regulations training, Health & Safety Tier 1 Refresher, Online Odor Workbook, Landfill Gas Training, Permit/CEQA and the 2017 Technical Training Series.
  • Bob Holmes mentioned that at the Jan/Feb Roundtables, there will be two trainings occurring with REHS training hours: Land application and Bird influenza. California Department of Food and Agriculture (CDFA) is concerned about bird influenza potential next year and the possible disposal options. Composting onsite is preferred instead of transportation to disposal facilities, but water and other environmental media need to be considered, thus the reason for the discussion in the Jan/Feb. Roundtable meetings with Regional Water Boards.

V. EAC Resolutions, Status and Updates

A. Plan Review Primer

Wes Mindermann and William Heung have been working on this project with Lisa Jameson; there has been a recess on the Plan Review Primer since both Wes and William have been working on the fire cleanup project. Lisa would like to continue her involvement with this project even though she will be stepping down as EAC chair. The North Central Roundtable will be selecting a new RT chair in January at which time she will come off the EAC.

B. Mandatory Commercial Organics Recycling (MCR)-AB1826

Kathy Cross mentioned that she is getting calls regarding Commercial Organic Recycling and recently attended a Recycling Coordination meeting in her jurisdiction in which CalRecycle was delivering a presentation on MCR. Mark De Bie stated that CalRecycle will give MCR updates to the EAC when available. Bonnie Cornwall shared some information on MCR.

C. Low Level Radiation Waste (LLRW)

Kathy Cross shared that she had spoken about LLRW at the EAC meeting at the LEA 2015 Technical Training series and had reached out to CalRecycle staff. In Orange County, when LLRW is detected in a hauler truck at the landfill, the hauler is turned away, and the LLRW is taken back to the hauler’s yard where hauler employees remove and isolate the LLRW until it is deemed safe to dispose at the landfill. Kathy Cross wanted to know how other jurisdictions handle LLRW. Sean Debley stated that Ventura has the same practice as Orange County.  Jeffery Marshall stated that Kern County has detected LLRW in biosolids when disposing at the landfills. Mark de Bie stated that additional training on load-checking may be needed, including Public Health input on the issue of radioactive waste.  Mark de Bie addressed the issue with violation of the permit regarding radioactive waste at permitted solid waste facilities; he mentioned LEAs should look at the permit language and whether it states “accept” or “receive” radioactive waste. Most facilities cannot accept radioactive but they may receive it and handle it through the facilities load-checking program with best management practices. Mark de Bie shared that it is the norm for radiation waste to stay at the landfill. There may be transport issues with the Department of Transportation.

Break from 11:40 a.m. to 1:00 p.m.

D. Ralph Hunter Award Nominations for 2015

Lisa Jameson discussed the Ralph Hunter Memorial Award and mentioned that the procedures are outlined on CalRecycle’s website. EAC members need to bring up the award and application at their next Roundtable; a notice regarding the award will also go out via email. Previous Ralph Hunter Award recipients’ application packages were available for review by contacting Leta Forland.

E. Enforcement Survey Monkey

Kathy Cross shared a summary on the Enforcement Survey Monkey. The conclusion was that another survey needed to be done. Paulina Lawrence had some suggestions, as previously discussed, to get questions more general to obtain a broader understanding of the concerns for the next Enforcement Survey. Paulina will be SWES contact for CalRecycle and help design the next Enforcement Survey. Lisa Jameson requested that the time required to hold a hearing be on the next Enforcement Survey.

F. Land Application of Green Waste

  • Mark De Bie gave a short introduction, mentioning that CalRecycle and State Water Board Disposal Unit have been in discussion regarding cross media/ compliance assistance. Cris Carrigan, head of enforcement for SWRCB, had been involved with past enforcement issues. He suggested a phased plan, as there is a lot of confusion out there on land application. The first phase would be education, we are going to initially target LEAs and RWQCBs to get their questions; and then we will roll it out to the regulated community. The main focus of this is to increase communication and understanding on who does what. At the LEA Round Tables, we will cover land application and have a lot of exclusions.
  • Leslie Graves and Scott Couch spoke about the new Waste Disposal Requirements (WDRs) for composting and a phased approached to get all regulators and regulated parties working together. Leslie Graves shared that it started in 2013 in San Diego, it was purported as a soil amendment but was also 5 inches deep with a lot of contaminants. Many of the water boards did not know this was occurring. The Water Board Land Disposal Unit and Irrigated Land Regulatory Program have growers that are signed up for the program. Scott Couch shared that they have been thinking about enforcement strategies.
  • Lisa Jameson mentioned that she has a current stipulated agreement in place for a green waste land application site that she will share with Leslie Graves.
  • Sean Debely brought up the MS4 permit (nitrates and nutrient loading) in Ventura County. The Watershed Protection Act does not let them land apply.

G. Closed Illegal and Abandoned (CIA) Work Group

Lars Seifert was participating in meeting via teleconference and was able to give an update. The CIA work group has a list of issues with cause and effect examples, existing laws and regulations that can be used, and problems that we do and don’t have solutions. Lars proposes that the CIA group bring forward its information that it’s gathered to discuss with CalRecycle for additional brainstorming. Jeffery Marshall and Lars Seifert shared how working on the CIA work group has helped their counties address some CIA problem sites.

  1. Put CIA work group on EAC Agenda for next year; have regular reports to EAC.
  2. Kathy Cross will be EAC liaison for CIA work group.

It was pointed out that the next planned EAC meeting is scheduled the same week as the CUPA conference.  Leta Forland will research if another date and room is available.

H. Enforcement Agency (EA) Notification Sites Resolution

  • Joe Doser presented the EAC resolution on EA Notification Sites. Greg Pirie mentioned that the CCDEH-SWPC addressed the issue in 2014, but he indicated that he thought they would be willing to take another look at it. He suggested that the EAC focus on one issue and address both CCDEH-SWPC and CalRecycle. EAC agreed that both agencies should be addressed in the EAC Resolution. The resolution was motioned, seconded for approval, and adopted unanimously. 
  • Sean Debley asked if any LEAs had problems enforcing EA notifications on the issue of health and safety threat. Mark de Bie stated that he doesn’t believe anyone has challenged it in this manner. Sean further stated that other permits are cross referenced in the PRC but that’s not the case with EA Notifications; therefore, was it possible to get a change in regulations? Mark de Bie stated that statute has been changed recently, noting differences between operations and facilities, and with this EA Resolution coming forth, Mark de Bie will be talking to legal about this situation.

I. Election of Enforcement Advisory Council Chair

Lisa Jameson asked for nominations for a new EAC Chair. Lisa Jameson nominated Kathy Cross for EAC Chair and Joe Doser for EAC Vice-Chair. Kathy Cross was voted as the new EAC Chair and Joe Doser as EAC Co Vice-Chair. Greg Schirle will continue to serve out his two-year term and Co Vice-Chair.

J.  Roundtable News/Update

  • Kathy Cross asked about CalRecycle Guidance on Safely Disposal of Meat, Poultry and Fish Material. Kathy explained she became aware of some small meat markets in her jurisdiction that were disposing of fish waste with all other waste in a compactor, and there were complaints of the smell of the container. Mark de Bie stated that he could give Kathy a contact at CDFA and that they could inspect them to ensure they were following CDFA guidelines for disposal of such waste. Bonnie Cornwall mentioned that this issue may need to be brought up as part of the organic recycling initiative.
  • Lisa wanted to make sure that there was an EAC person on the Plan Review Primer. Kathy Cross stated that she would be the point person for now.

VI. Public Comment Period

There were no public comments.

Meeting adjourned at 3:00 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: March 8, 2016
Enforcement Advisory Council (EAC) http://www.calrecycle.ca.gov/LEA/EACouncil/
Leta Forland: Leta.Forland@calrecycle.ca.gov (916) 341-6395