California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting

Minutes: February 24, 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, CCCLHO (Health Officers)
Kathryn Cross--Vice Chair, South Western Roundtable
John Wells, Northern Roundtable
Harriet Hill, Northern Roundtable
Ed Schreiner for Paul Tavares, Northern Cities
Greg Schirle--Vice-Chair, Bay Area Roundtable
Jeffrey Marshall, South Central Roundtable
Bill Stratton (teleconference), CCDEH
Christine Sosko (teleconference), CCDEH Solid Waste Policy chair

Mark de Bie, CalRecycle
Paulina Lawrence, CalRecycle
Wes Mindermann, CalRecycle
Leta Forland, CalRecycle
Bob Holmes, CalRecycle
Kevin Taylor, CalRecycle
Ken Decio, CalRecycle
Jeff Hackett, CalRecycle
Martin Perez, CalRecycle
Maria Salinas, CalRecycle
Georgianne Turner, CalRecycle
Sue O’Leary, CalRecycle
Calvin Young, CalRecycle
Mary Kay Shafer, CalRecycle

Minutes by Kathryn Cross

II. Agenda Review

(Some Agenda Items Were Discussed Out of Order)

Ms. Jameson announced that the Labor Law presentation was being removed from the agenda; Compostable Materials,/Transfer Processing Draft regulations would be discussed in combination with the CalRecycle Legislation Update; and Report of Facility Information Amendment Appeals and Enforcement Issues would be discussed when Georgianne Turner was in attendance (not present at the start of meeting).

III. Approval of Previous EAC Meeting Minutes

A motion was made and seconded (Wells/Johnson) to approve the minutes from the November 4, 2014 EAC meeting. The minutes were approved by a unanimous vote.

IV. EAC Resolutions: Status and Updates

A. Ralph Hunter Award

  • Ms. Jameson announced that there were three nominees: Chris Rummel, Pete Oda, and Marina Romanyuk-Winslow. Through the evaluation process, Chris Rummel received the most points on the rating sheets from the Award committee.
  • A discussion regarding comments on the process ensued.
    • On the rating sheet, it was determined that the statement “Nominated by LEA/EA in good standing” should be removed.
    • The award is based on the nominee’s achievements during their career.
  • The “Ralph Hunter Memorial Award Process” document was updated in March of 2014 and is located on the EAC page of the CalRecycle website. Some members were unclear on what to include is the nomination package. The EAC Chair advised on the nomination instructions it identifies things to include in the package. It was suggested to consider listing the types of supporting data in a bullet format. It was determined that individuals wanting to nominate an individual can contact Leta Forland, CalRecycle and she will make available copies of previously submitted packages. There was discussion of possibly putting the completed packages on the website and it was determined interested parties can contact CalRecycle.
  • A motion was made and seconded (Doser/Wells) to accept the nomination of Chris Rummel for the Ralph Hunter Memorial Award; a unanimous vote of “Yea” and there were no “Nays”.
  • Joe Doser will work on getting the Ralph Hunter plaque made.
  • Ms. Jameson will draft an EAC Resolution regarding the Ralph Hunter Memorial Award.

B. LEA Advisory Updates

  • Ms. Jameson stated that the only feedback that she received on Advisory 48 (Intermediate/ Daily Cover) was to add a link to examples of demonstration projects. Martin Perez will follow up on this.
  • Advisory 47 (Change in Owner/Operator) has been changed and CalRecycle is moving forward with finalizing. Although it was mentioned in the last EAC meeting that a final version would be circulated at this EAC meeting, it wasn’t deemed necessary.
  • Ms. Jameson asked about the list of advisories and Mr. Holmes stated Martin Perez has been working on the Compostable Materials, Transfer/Processing regulation package instead of the advisories at this time. Ms. Jameson reiterated that if CalRecycle needs an expedite review of any advisories to let her know and request such from the roundtables.

C. Five-Year Permit Review Application Process

  • Five-Year Review application - it needs to be communicated down to the Roundtables that for now, LEAs/EAs should not be filling in the “official use” box with a date. The “official use” box should only be used for a permit package.
  • Greg Schirle questioned what was meant from the last meeting that “review of permits (21640) is not a state minimum standard that can be enforced”. Mr. de Bie explained that getting an incomplete permit review package was not a violation of state minimum standards but not receiving anything from an operator could be. However, with this stated, Mr. de Bie stated that he would direct staff to look into this issue further and offer clearer guidance.
  • Additional discussion regarding what should be in a Five-year permit review and Mr. de Bie stated that CalRecycle was available to help LEAs. The Five-year permit review advisory was being updated and CalRecycle would finalize after a legal issue is resolved with the Orange County case.
  • Jeffrey Marshall asked for the Five-year permit review advisory to also address Closure permits. Mr. de Bie stated that Wes Mindermann was available for guidance and that Wes would be tracking closure permits with five year review.
  • Ms. Jameson brought up appeals issue, see discussion item G.

D. EA Notifications

  • A survey was conducted through the Roundtables trying to discern the problems with the EA notification process so that a clear picture could be discussed at the March CCDEH-Solid Waste policy committee meeting. Ms. Jameson has received comments up until yesterday and is still compiling comments to be sent to Bill Prinz and Greg Pirie. Ms. Jameson will distribute copies of the comments that she has compiled after lunch today.

E. Coordination, Review and Approval of: Non-Water Corrective Action Plans, Closure Plans, Post Closure Maintenance Plans

  • Ms. Jameson distributed copies of regulations pertaining to the coordination, review and approval process for these plans (27CCR, Section 21860 (b) and (e)). Ms. Jameson stated the issue of who is the approving agency for such plans is not clear and LEAs/EAs feel they are being dinged on their LEA evaluations for not having plan approval letters, including from other approving agencies. The LEAs do not feel that CalRecycle is following the process stated in 21860. Ms. Lawrence stated that it is not a ding on the LEA evaluation, and she can work with LEAs and their management to understand the LEA evaluation process in relation to these Plans.
  • Several EAC members stated that the LEAs need guidance documents for each type closure or corrective action plan document.
  • Discussion of the regulation 27CCR 21860 (h) states that the LEAs will send approval letters for closure and corrective action plans to CalRecycle. Title 27 CCR, Section 22102 (b) states that the operator shall submit corrective action plans to RWQCB, EA, and CalRecycle for review and approval in accordance with the schedule in section 21860. Ms. Jameson states 14CCR 18072 (a) (3) (A) and (B) has requirements for such review/approvals and an LEA may use CalRecycle engineering staff to perform such reviews/approvals if they lack the technical expertise required under 14CCR.
  • Discussion also included the default statement of approval for closure plans and the fact the RWQCB does not abide by our guidelines or timeframes. Mr. Mindermann stated we should just focus on the LEA and CalRecycle finalizing plans.
  • Mr. de Bie stated this is a very important topic and both CalRecycle and LEAs need to make sure these plans are approved because ultimately the plans are used to determine the appropriate amount of funds required for closure and post closure.
    • CalRecycle will explore with the SWRCB to see what can be done to engage RWQCBs on such plans.
  • Ms. Jameson voiced her concern regarding submittal of such plans through the portal. Mr. de Bie stated that the portal is hopefully going to alleviate some of the problems discussed.
  • Mr. Mindermann and Ms. Jameson will work together to put together a guidance document and report back to the EAC at the next meeting.

F. Post Closure Land Use/CEQA Comment Tool Box.

  • Mr. Perez states that he has received CEQA/closure letters and he will let us know at the next EAC meeting where these letters are located.

Broke for lunch at 11:40 P.M. Reconvened at 12:45 P.M.

G. Report of Facility Information Amendment Appeals/ Enforcement Issues

  • During the Five-Year permit review discussion, Ms. Jameson stated that it would be useful to LEAs if they could see some of the appeals that have been heard by CalReycycle. CalRecycle will report at the next EAC meeting where these appeals are located on their website.
  • Ms. Jameson brought up appeals of RFI Amendments, stating that the regulations only indicate it’s appealable by an operator if the complete amendment is rejected.
  • Issues with appeals:
    • LEAs wanting clarification on “failure to act”.
    • Timeline for appeals seem too short. Ms. Turner states that LEA can ask for waivers. Ms. Merlos agrees. Ms. Jameson states that you can ask for waivers but this can cause problems because then appeals can be dragged out and cost even more money.
    • Appeals have become large legal affairs, very formal. Is there a way to make some types of appeals more informal? Mr. de Bie states that when the statute was put in place, the thought was that appeals would be very informal and over time, it’s changed.
    • Appeals are very costly and it appears more frivolous appeals are being filed under the “failure to act” provision in statute.
  • Ms. Hill stated that Humboldt County LEA charges fees for appeals.
  • Some EAC members asked if the PRC allows to charge to file an appeal.

V. CalRecycle Discussion Items

A. Legislative Update

  • CCDEH-Solid Waste Policy Committee has found an author to carry the Temporary Permit legislation.
  • Mr. de Bie predicted that there may be a shift/change regarding the views on the use of tire funds to address waste tires issues in Mexico.

B. Proposed Regulations Update

  • Workshop on Compostable Materials, Transfer/Processing regulations scheduled for March 3rd; CalRecycle will share with stakeholders the comments they have received on the regulation package, along with proposed changes and/or multiple options available. During today’s meeting, Mr. Holmes went over the items/comments/changes to be discussed during the workshop. CalRecycle is obligated to hold a 15-day comment period.
    • The workshop should cover CDFA and land application concerns.
  • Upcoming regulation packages for following programs:Upcoming regulation packages for following programs:
    • Waste Tire Program
      • Waste Tire Broker
      • Revision to Rigid Plastic Package Container
    • Solid Waste Cleanup Program
      • Revision/Update to Criteria for Landfill/Disposal Standards for Partial Closed areas

C. CalRecycle Staff Update

  • No updates at this time

D. Training Update

  • Registration continuing for Permit/CEQA classroom training. This training is considered a next step after completing the online training but not a prerequisite. The online course is the same workbook as offered last year.
  • 8-hour refresher online training will be offered in April.
  • Load Checking training will be offered in May.
  • Verbal Judo in July
  • Training surveys completed at Roundtables; very successful response.
  • Basic Academy training was moved from DTSC location to RWQCB in Rancho Cordova; it has a waiting list
  • LEA Conference, October 26-29, 2015 in Rohnert Park (Santa Rosa, CA)
  • Mr. de Bie states there is a Conference in Long Beach that he is aware of through the Association of State and Territorial Solid Waste Management Officials and he believes that local government can attend. Mr. de Bie will continue to track and send out more information as it become available to the LEAs.

E. Carpet Recycling Operations

  • The draft guidance went out to LEAs; no comments from Roundtables at this time.
  • The draft guidance regarding Carpet Recycling operations included a list of recyclers and LEAs wanted to know how list was developed. CalRecycle staff believe the list was generated from the stewardship program on the recycling side of CalRecycle. LEAs can verify this information however, the carpet recyclers have been notified of C&D regulations.

F. Tire Enforcement Agency Grants

  • A notice went out to the TEAs regarding the grant cycle for 2015/16 and are due on March 3, 2015.
  • There will be significant changes in TEA23 (FY2016/17)
    • Criteria change, Board of Supervisors and County Counsel rate has been removed; CalRecycle will move to an hourly rate.
    • Change in indirect cost, a cap will be put in place
    • Mary Kay Shafer is a new supervisor of the TEA Grant, Calvin Young is still helping out but the work will slowly transition to her.
    • Webinar scheduled for 3rd or 4th week of March regarding the changes proposed for TEA23.
    • Performance assessment part of TEA23 to help resolve deficiencies
    • TEA will be notified of deficiency
    • TPID threshold, eligibility for grant
    • TEA23 will continue as annual cycle but in the future may move to a two year cycle.

G. Electronic Document Submittal

  • Ms. Forland and Ms. O’Leary have been contacting LEA’s to arrange for small group trainings with individual LEA’s sitting in front of their computers.
  • Working on changing the system based on current feedback. Some changes include:
    • Document drop down could get suggestions, requires 5 word title for search ability. Ms. O’Leary wants feedback by Friday March 6th.
    • Another suggestion was allowing a searching capability to search for documents based on an in-house LEA coding system or document nomenclature.
  • LEAs and CalRecycle need to think about how to search documents. This system replaces CalRecycles filing system and it works for CalRecycle and they are trying to make sure it works for LEAs.
  • Final documents will be available to the Public, so be cognizant of titling the documents.
  • Need feedback from LEAs by March 6, 2015.

VI. Public Comment Period

No public comments.

VII. Schedule Next EAC Meeting and Close Meeting

Next Meeting Scheduled for April 20, 2015 at CalEPA Bldg., Sacramento

Meeting adjourned at 3:04 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: April 22, 2015
Enforcement Advisory Council (EAC) http://www.calrecycle.ca.gov/LEA/EACouncil/
Leta Forland: Leta.Forland@calrecycle.ca.gov (916) 341-6395