California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting: Solid Waste Management through Partnership

Minutes: March 2, 2016

Meeting Called to Order at 9:41 a.m.

I: Introductions/In Attendance

Kathy Cross, Chair, Southern Region
Sean Debley, South Western Region
Joe Doser, Vice-Chair, CCLHO (Health Officers)
John Wells, Northern Region
Linda Johnson, Southern Cities
Paul Holloway, Placer County
Paul Tavares, Northern Cities (teleconference)
Lars Seifert, Imperial County
Bill Prinz, City of San Diego (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
Jeff Hackett, CalRecycle
Diane Vlach, CalRecycle
Georgianne Turner, CalRecycle
MaryKay Shafer, CalRecycle
Ashley Harley, CalRecycle
Wendy Harmon, CalRecycle
Clark Williams, CalRecycle
Trevor O’Shaughnessy, CalRecycle
Kristy Emery, CalRecycle
Kirby Garrett, CalRecycle
Elena Yates, CalRecycle
Bob Horowitz, CalRecycle

II. Agenda Review

No changes were made to the minutes.

III. Approval of Previous EAC Meeting Minutes

No corrections were made to the minutes from the December 9, 2015 meeting. Motion to adopt the minutes by Joe Doser, seconded by Linda Johnson.

IV. EAC Resolutions, Status and Updates

A. Enforcement Agency Notification

The EAC received a response from CalRecycle regarding the EAC resolution adopted at the December 9, 2015 meeting regarding EA Notifications (EAN). Kathy Cross brought up that solid waste sites that require a permit have a review and approval process before they begin operation. She brought up an example of an EAN operation that opened up right across from a school and the resultant odors and dust caused problems; she mentioned that even in an industrial setting, a solid waste operation can cause problems for neighbors (e.g., office workers, neighboring businesses); she also discussed an EAN operation that opened up on an old air force base that was not subject to local planning oversight and the nearby community was upset because they didn’t know until it began operations. This is an example of a community right-to-know issue. Mark De Bie mentioned that zoning impacts on neighbors, especially where the sites are located near several jurisdictions, is worthwhile including in a list of concerns with EAN sites; identifying specific concerns up front is helpful if this issue gets to a workshop stage for stakeholders.

Lars Seifert brought possible conflicts with WDRs and other “cross-jurisdictional” issues that should be addressed when these projects first come up. Sean Debley mentioned that an Air Board may not deal with an EAN site and they had an EAN operator who left 80,000 cubic-yards of material behind. Mark De Bie requested specific examples of how a permit review for an EAN would prevent problems and how the EAC Resolution options would specifically help. Joe Doser brought up how a permit review heads off problems for the other solid waste facilities we regulate and also discussed how categorizing an illegal transfer station for enforcement purposes can be difficult because it can be in one of three categories (EAN, registration tier, full permit) and we don’t know the volume/amount of material handled because the site is illegal.  Maria Salinas further discussed the right-to-know issue. Mark De Bie mentioned there is nothing to prohibit an LEA from doing a public notice for an EAN site even though there is no requirement. Joe Doser said that the right-to-know is an important issue going forward.

Mark De Bie said it may be easier to identify a specific EAN category to fix rather than a broad fix. He said Christine Sosko (CCDEH-SWPC) is working on a response to the EAC Resolution. ue Markie asked the EAC members to share with her any template letters they have for EAN sites.  

B. Low Level Radiation Waste (LLRW)

Kathy Cross has had issue in Orange County with HHW facilities (also some landfills and TRS) not accepting smoke alarms due to radiation concerns. State Radiological Health told her it’s okay to put these in garbage. Joe Doser said the issue came up in regards to the development of a local debris management plan in Contra Costa County that is being developed by a solid waste authority. Bonnie Cornwall suggested a survey of HHW sites to get a sense of the issue. John Wells mentioned there are similar materials, such as watch dials, that may fall into this category. Mark De Bie is aware of past questions regarding landfills and the radioactive material. The solid waste regulations do not address radioactive material. Mark De Bie will look into the role California Department of Public Health, including how it might relate to load checking.

C. Ralph Hunter Memorial Award

Kathy Cross reminded the EAC that Ralph Hunter nominations are due March 21, 2016. Please remind your LEAs.

V. CalRecycle Discussion Items

A. Deputy Director Report
Mark De Bie said that CalRecycle is still involved in the Northern California wildfire cleanup activities. The Governor signed a budget amendment for an additional $105 million dollars for the cleanup work. Linda Johnson mentioned that these cleanup activities were also discussed at the recent CUPA conference. Mark De Bie said that CalRecycle staff continue assisting San Bernadino County LEA, including doing routine LEA inspections. Other jurisdictions (e.g., Riverside County) are also assisting. 
CalRecycle is working to line up LEA staff to assist them with the Basic Inspector Academy (BIA), for which CalRecycle provides staff. Additional academies are scheduled for 2016, including Chico, Berkeley, Fresno, etc. A workshop of proposed waste tire regulations is being scheduled. A number of rePlanet CRV takeback centers have closed in California because of the shrinkage of the commodities market.
Leta Forland announced that Mark de Bie will be the new president of the Association of State and Territorial Solid Waste Management Officials (ASTSWMO) starting in October 2016. ASTSWMO was founded in 1974 to increase state waste manager influence in implementing federal environmental requirements. Through an executive team, a board representing states within all of the EPA regions, and subcommittees, with their focus groups and task forces ASTWMO works to find consensus among the states and advance effective waste and materials management practices at a national level.
B. Mattress Stewardship
Ashley Harley provided an update on the Mattress Stewardship Program (EPR) and handed out a summary sheet handout. The handout will be pushed out to the LEAs. A map of mattress recycling centers (MRC) in California was shown. The program is voluntary for solid waste facilities, but if they participate in the program, they must accept the mattresses free of charge. All solid waste facilities, recyclers, and renovators must do mattress reporting to CalRecycle.
Lars Seifert described how a Republic-operated landfill in Imperial County did an RFI amendment to include a “safe and controlled” screening/scavenging program for mattresses. If people want the RFI language that Imperial used, they can contact him. Mark De Bie shared that illegal dumping was a prime motivation for the mattress program.
C. LEA27 Grant Cycle--Minor Changes
Mary Kay Shafer gave an update on the LEA27 grant. With prior grants, LEAs could get the advance for the current grant before they finished reconciling the previous grant. This will be changed to require reconciliation first. Additional details will be required regarding expenditures; for example, training versus outreach activities clearly described as not the same thing (not under a general education heading). Lars Seifert suggested CalRecycle provide a template for LEAs to use for expenditure itemization.
D. CDFA Pest Quarantine’s (CalRecycle presentation)
Bob Horowitz and Elena Yates gave a pest quarantine presentation. Problem pests include Asian Citrus Psyllid, fruit flies, Polyphagus Shot Hole Borer, etc. There is a concern that infected/infested materials can enter the solid waste stream via green waste. It is illegal to move quarantined materials out of a quarantine area. Things get complicated when there are quarantined areas within quarantined areas (i.e., different pests and plant materials of concern).  There is a need to educate chip & grind operations for possible infected materials. CalRecycle asked if the LEAs would be willing to help distribute educational materials, to which they were agreeable.
Fruit fly quarantine is only applicable to the fruit. Quarantines are enforced by the California Department of Food and Agriculture (CDFA) and local Agriculture Commissioners. Everyone in the chain is required to have a compliance agreement (i.e., landscapers, haulers, solid waste facilities), but there is a gap in many areas. The proper handling of quarantined materials includes keep material covered, grind quickly (may kill some pests), compost quickly, do not perform direct land application (DLA) or mulch, must only be handled by someone with a compliance agreement. Properly composted material may leave a quarantine zone. 
Sean Debley says Ventura County Board of Supervisors requested the formation of a stakeholder group, since the Shot Hole Borehole was found at a compost facility. EAC might invite an Ag Commissioners’ representative at a future meeting to discuss this issue further. CalRecycle will develop a message template that LEAs can use to open a dialog with their local Ag Commissioners. Paul Tavares asked if LEAs need to include language in the Solid Waste Permits regarding this issue. Mark De Bie said not at this time [not sure of exact response].
E. Legislation Update
Bob Holmes distributed a legislative update handout. He says the structural deficit in the CRV program is being looked at by the Legislature. 
F. Training Update
CalRecycle is currently doing training regarding the new compost regulations. CalRecycle is looking at putting on training for local agencies (e.g., planning, fire, agriculture commissioners) about how to cite a solid waste facility.

G. CalRecycle Staff Updates

There is a new Director of CalRecycle’s Legislative Office, Mindy Simmons. 

H. Miscellaneous
Paul Tavares asked if an LEA paying for a SWANA membership was a potential conflict of interest. Some LEAs pay for the membership, some only pay for the SWANA training, and the employee is responsible for paying for their own membership. 
Sean Debley asked if Envision and SWIS DIP can be linked. A number of LEAs reported that they have their Envision linked to SWIS DIP. 
The next EAC CIA workgroup meeting is in Sacramento on March 3, 2016. 

VI. Public Comment Period

There were no public comments.

Meeting adjourned at 2:50 p.m. 

Next EAC Meeting: June 8, 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: June 13, 2016
Enforcement Advisory Council (EAC)
Leta Forland: (916) 341-6395