California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting: Solid Waste Management through Partnership

Minutes: June 8, 2016

Meeting Called to Order at 9:31 a.m.

I: Introductions/In Attendance

Kathy Cross, Chair, Southern Region
Joe Doser, Vice-Chair, CCLHO (Health Officers)
John Wells, Northern Region
Linda Johnson, Southern Cities
Paul Holloway, Placer County
Rachel Roberts, Northern Cities (teleconference)
Jeffrey Marshall, Southern Central Region
Mark de Bie, CalRecycle
Wes Mindermann, CalRecycle
Leta Forland, CalRecycle
Bob Holmes, CalRecycle
Kevin Taylor, CalRecycle
Paulina Lawrence, CalRecycle
Martin Perez, CalRecycle
Maria Salinas, CalRecycle
Bonnie Cornwall, CalRecycle
Diane Vlach, CalRecycle
William Heung, CalRecycle
Debbie Knight, CalRecycle
Tracey Harper, CalRecycle
Donn Diebert, Department of Toxic Substances Control
Dave Miller, Department of Toxic Substances Control
Elena Vasquez, Department of Toxic Substances Control

II. Agenda Review

No changes were made to the agenda, however the order of discussion on items was rearranged to accommodate speakers/presentations schedules.

III. Approval of Previous EAC Meeting Minutes

No corrections were made to the minutes from the March 2, 2016 meeting. Motion to adopt the minutes by Joe Doser, seconded by John Wells.

IV. EAC Resolutions, Status and Updates

A. Bay Area Region Chair

Leta Forland announced that Greg Schirle is stepping down as chair of the Bay Area Region Roundtable. The Bay Area region will vote for its new chair. The voting closes on June 10, 2016. The EAC signed a get well card for Greg Schirle. The Southwestern Region chair was not in attendance due to medical reasons. Paul Tavares left the City of San Jose in which he represented the Northern Cities. Rachel Roberts of the City of San Jose agreed to step in as interim representative of the Northern Cities. The EAC will vote on a new EAC co-chair in September 2016 when more of the EAC members are present.

B. Technical Plan Review Primer

William Heung, CalRecycle, gave an update on the Technical Plan Review Primer. The document is intended to provide guidance for a consistent review and approval process for the 14 types of plans that LEAs review. The guidance follows the criteria set forth in Title 27. When it’s ready, the final version of the document will be posted on the CalRecycle website, and a presentation about the project will be given at the 2017 Technical Training Conference.

William will send the next draft to the EAC to review and share at the next LEA Roundtable meetings.

C. Ralph Hunter Memorial Award

The candidates for the 2015 Ralph Hunter award were Janet Gardner, Fresno County LEA, and Sam Abu-Shaban, Orange County LEA. The vote ended in a tie, so the EAC decided to give an award to each. The winners will be given the option of receiving their awards at the Technical Training Conference and/or before their governing body. Joe Doser will get the plaques, pending finding out how the winners want their names on the plaque, and let the EAC know the cost. He estimates it will be about $100.

D. Compostable Materials and Transfer/Processing

LEAs and operators have questions about the new regulations. CalRecycle is keeping track of these questions and updating its FAQs and guidance documents accordingly. If LEAs have questions, they should get in touch with their point-of-contact who will forward the question to the appropriate person at CalRecycle.

Several LEAs expressed concern that compostable materials are stockpiling at various sites due the closing down of biomass plants. Others are seeing problems with the land application of materials that contain unacceptable levels of contamination (e.g., syringes, quarantined plant materials, etc.). LEAs should contact their local Ag Commissioner if suspicious plant materials are found at solid waste facilities.

E. Enforcement Agency Notification

Kathy Cross said that LEAs are encouraged to let the EAC know if there are specific problems. She shared paper copies of some example problems of Enforcement Agency Notifications. Paulina Lawrence shared a draft Notice & Order template that is being developed for use by the LEAs. The draft version should not be used by LEAs until finalized. Paulina will email the draft template to the EAC committee for their review and comment around the mid-July timeframe. The EAC committee will provide any comments to SWES by mid-August. Paulina will follow up with the committee at the next EAC meeting in September to address any questions before finalization for use and posting on CalRecycle Enforcement webpage.

F. Treated Wood Waste --SB 162

Donn Diebert, Dave Miller, and Elena Vasquez from DTSC did a presentation on SB 162, which requires DTSC to prepare a comprehensive report to the State Legislature on treated wood waste by June 29, 2018. DTSC is trying to find out where treated wood waste material ends up. DTSC will reach out to the LEAs to gather information on sites accepting this material. Their staff may also attend LEA Roundtables as part of this effort.

G. Native Americans: Assembly Bill 52

Tracey Harper gave an overview of AB 52 which improves upon the current practice that CEQA has in taking into consideration tribal cultural resources by keeping the tribes in the loop. A lead agency needs to be aware of which tribes may have an interest in projects in a specific geographical location. The tribe contacts the lead agency in writing and lets them know if it wants to be kept informed. The lead agency is required to have a confidential consultation with the tribe. Additional information is on the CalRecycle website.

H. Mark Graham

Joe Doser mentioned that a memorial fund has been set up for Mark Graham, Napa County LEA, who died suddenly a few weeks ago, leaving behind a wife and two teenage daughters. He provided the account number at US Bank for anyone interested in making a donation. 

V. CalRecycle Discussion Items

A. Deputy Director Report
Mark De Bie said that CalRecycle has finished its fire cleanup in Calaveras County; Lake County (Valley fire) is close to being done, 1400 sites impacted; and there is still work to be done in Trinity County, 36 sites were cleaned up. Rubberized concrete may be used to repair some roads.

State Water Board conducting workshops for composting performance measures and land application in June 2016.

CalRecycle is still assisting the San Bernardino County LEA but expects to turn over the inspection program to San Bernardino LEA staff soon.

The Illegal Dumping Technical Advisory Committee (IDTAC) met on June 7, 2016. Discussed the mattress stewardship program. The City of Santa Rosa and the Sonoma County Sherriff’s Office discussed a grant project for homeless encampments. They estimate that 95 percent of waste in waterways is coming from these encampments. The IDTAC also talked about illegal haulers/illegal transfer stations and a possible model ordinance. The IDTAC will meet again in November 2016.
B. Legislation Update
Bob Holmes provided a legislative update on pending bills.

  • AB 45 – Household Hazardous waste, adoption of one or more ordinances for comprehensive program for residential collection.
  • AB 2153 – Establish a used lead acid battery recycling organization.
  • SB 1000 – Environmental justice in county/city general plans.
  • SB 1229 – Home generated pharmaceutical waste, provides that a collector of waste is not liable for civil damages.
  • SB 1239 – Tire fee and new incentive program
  • AB 1103 – Self Hauling would be required to report types, quantities and designation of materials that are disposed of, sold or transferred.

Tire regulations update – Waste tire collection locations and tire brokers.

Paulina Lawrence gave an update on AB 901, which has passed. The bill expands and improves the enforcement of disposal reporting, which will now be submitted directly to CalRecycle. CalRecycle is holding stakeholder meetings on July 7, 2016, in Sacramento and July 12, 2016 in Diamond Bar. These will be in webinar format.
C. Training Update
Bob Holmes gave a training update. The online 8-hour HAZWOPER refresher course is now open. They are working on setting up an online Permit/CEQA course, landfill gas training, compost odors, and Compost Regulations Round II training. They are also finalizing the contract for the 2017 Technical Training Conference which is currently schedule for April 2017.
D. CalRecycle Staff Updates
The interim Director of CalRecycle, Scott Smithline, had his Senate Subcommittee hearing on June 8, 2016.  

VI. Public Comment Period

There were no public comments.

Meeting adjourned at 2:17 p.m. 

Next EAC Meeting: September 7, 2016

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: September 9, 2016
Enforcement Advisory Council (EAC)
Leta Forland: (916) 341-6395