California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting: Solid Waste Management through Partnership

Minutes: September 7, 2016

Meeting Called to Order at 9:36 a.m.

I: Introductions/In Attendance

Kathryn Cross, Chair, Southern Region
Joe Doser, Vice-Chair, CCLHO (California Conference of Local Health Officers)
John Well, Vice-Chair (via phone), Northern Region
Linda Johnson, Southern Cities
Paul Holloway, North Central Region
Stan Chau, Bay Area Region
Jeffrey Marshall, South Central Region
Sean Debley, South Western Region
 
Mark de Bie, CalRecycle
Wes Mindermann, CalRecycle
Leta Forland, CalRecycle
Kevin Taylor, CalRecycle
Paulina Lawrence, CalRecycle
Martin Perez, CalRecycle
Maria Salinas, CalRecycle
Bonnie Cornwall, CalRecycle
Debbie Knight, CalRecycle
Ken Decio, CalRecycle
Jeff Hackett, CalRecycle
Elena Yates, CalRecycle
Bob Horowitz, CalRecycle
Kyle Pogue, CalRecycle
Robert Carlson, CalRecycle

II. Agenda Review

No changes were made to the agenda topics.

III. Approval of Previous EAC Meeting Minutes

No corrections were made to the minutes from the June 8, 2016 meeting. Motion to adopt the minutes by Paul Holloway; seconded by Sean Debley.

IV. EAC Resolutions, Status and Updates

EAC members signed get-well cards for Sue Markie and Bob Holmes who are recovering from serious health issues. Leta Forland stated that she had produced a supplemental information document that addressed some of the topics for discussion today to be distributed to the Local Enforcement Agencies (LEAs).

A. Election of Enforcement Advisory Council Co-Vice Chair

John Wells was elected to a two-year term as Co-Vice Chair. He replaces Greg Schirle who had to resign his position due to health reasons.

B. Increased Odors at Diversion Facilities

Greater diversion of organic materials, particularly food wastes, may result in odor complaints at diversion facilities (e.g., anaerobic digesters). Complaints are being received from residents, businesses, and even other nearby solid waste facilities. Public opposition is occurring against some of these facilities, even in rural areas. The source of the odors may be from activities separate from the actual anaerobic digester process (AD). The discussion included public noticing of how to make a complaint, the use of misters or deodorants, and working with local planning departments to include mitigation measures in permit conditions.     

LEAs receiving applications may want to research other existing AD sites or hire a consultant to help them with the review. An on-call response (and a means to pay for it) should also be considered. LEAs should also meet with their local Air Quality Management Districts (AQMD) to discuss and define roles related to odor complaints. If odor complaints are received it is important to make sure of the actual source of the odors. 

C. Tree Mortality Task Force

Due to the large number of dead trees (e.g., from wildfires), emergency chip and grind facilities can be established (EA Notification Emergency Transfer/Processing Operation). The materials can be used by the biomass industry (as a fuel source), agricultural industry (as mulch), or for erosion control after a fire. 

D. Wildfire Response/Impact

Larger wildfires can require significant involvement by CalRecycle, LEAs, and Environmental Health agencies. CalRecycle is looking for ways to share with the LEAs what they’ve learned from recent responses to large fires. CalRecycle is working on cleaning up almost 300 properties in Kern County post-fire. Jeffrey Marshall shared Kern County’s experiences. Pools left behind after a fire are a mosquito-breeding problem. Getting right-of-entry forms was a challenge because locating the property owners was difficult (the houses were destroyed, so the owners were gone from the area). Hazardous waste materials were found on some properties. Getting waste trucked out of isolated locations was difficult. The landfill operators had to get personal protective equipment (PPE) for its workers due to the nature of the waste from the fires. Kern County has a public health strike team to deal with large-scale issues like this.

E. Assembly Bill 901–Issues Raised at Recent Workshops

Paulina Lawrence and Robert Carlson gave an update on AB 901, which changes reporting requirements related to the Disposal Diversion Reporting System (DDRS). Additional workshops will be held on this topic. Recyclers and compost facilities will now report disposal and diversion to CalRecycle, as will other solid waste facilities. CalRecycle is developing draft regulations associated with this and is soliciting comments. Eventually non-proprietary information that is collected from the revised DDRS will be available to the public. The issue of standardized vs. site-specific conversion factors for determining tonnages was discussed (pros and cons for each).  Sean Debley expressed a need for standardize factors for facilities without scales. AB 901 focuses on material flow of disposal and diverted materials. Workshops have already been held and recordings of these will be available on the CalRecycle AB 901 webpage.

CalRecycle would appreciate LEAs giving their perspective and voice their concerns. You can contact the AB 901 workgroup at AB901.reporting@calrecycle.ca.gov for any questions or comments. The next set of stakeholder workshops on the draft regulations will be held on Monday December 12, 2016 1-5 p.m. in Sacramento at the Ziggurat Building Auditorium located at 707 3rd Street, West Sacramento 95605 and December 13, 2016 1-5 p.m. in Diamond Bar at the AQMD Theater, 21865 Copley Drive, Diamond Bar 91765.

F. nforcement Agency Notification–Draft Notice and Order

Paulina Lawrence gave an update on the draft notice and order template, which was created in response to a previous EAC resolution on the issue of EA Notification sites. CalRecycle has received one comment submission on the first draft. The next draft will be submitted to the EAC for distribution to the LEA Chairs to discuss at each of the LEA Roundtables for discussion and encourage feedback to CalRecycle by November 22, 2016. LEA Chairs can submit any comments to CalRecycle via the swe@calrecycle.ca.gov. Once the document is finalized it will be posted on the CalRecycle website as a template for LEAs.

G. Ralph Hunter Memorial Award Nominations for 2016 (and 2015 Awards)

One of the recipients of the 2015 Ralph Hunter Award, Janet Gardner, had her plaque presented to her at a Fresno County Board of Supervisors meeting. Mark de Bie was there and gave an overview of the award. Sam Abu-Shaban from Orange County will receive his award at a Southern/Southwestern Regional Roundtable meeting.

A date in mid-January 2017 will be set for nominations for the 2016 Ralph Hunter Award. The EAC will vote on the award at the meeting following this date. The 2015 and 2016 winners will be announced and recognized at the 2017 CalRecycle/LEA Technical Training Series in Long Beach.     

The plaques for the 2015 award cost $86.21 [$29 was collected at the EAC meeting to reimburse Joe Doser for the cost of the plaques]. Mark de Bie suggested setting a “bank” to pay for the award, with contributions from the various LEA Roundtables. 

V. CalRecycle Discussion Items

A. Deputy Director Report

CalRecycle is working with the Department Toxic Substances Control on glass recyclers because it was discovered that they are accepting batteries and glass with contaminations levels well above 10 percent. A fact sheet will be made available to the LEAs who can then provide it to their operators. 

B. Environmental Justice (EJ) Survey

Maria Salinas gave an update on efforts to update the CalRecycle website regarding environmental justice (EJ) issues. A draft survey on EJ was shared that will be presented to the LEAs at their Roundtables. Information from the survey will help CalRecycle in its efforts to update the website to provide tools and guidance related to EJ. 

C. Agriculture Commissioner Collaboration:  Green Materials/Pests

CalRecycle’s Bob Horowitz and Kyle Pogue gave an update on efforts to keep green materials out of landfills it can pose challenges related to the control of pests, particularly in locations subject to an agricultural quarantine zone. It is hope that LEAs can work with the California Department of Food and Agriculture (CDFA) and others to educate operators about pests in these zones. For example, the distribution of informational posters (which will be made available to LEAs). CDFA puts on a traveling Pest Control University which can have a modified version as a Green Waste University to educate LEAs about this issue (with CEUs). There may be some related training at the 2017 CalRecycle/LEA Technical Training Series, statewide workshops, and training targeted at operators.

Santa Clara County LEA and their local Agricultural Department have conducted joint inspections of sites that handle green materials. Ventura County has established a task force for this issue.  

D. Regulations Update

Since large amounts of contaminants (20-30 percent are ending up in materials sent to secondary glass recyclers (see above), these operations are illegal transfer stations per the regulations (i.e., they fail the Three-Part-Test). It is estimated that 80-90 percent of these glass recyclers are failing the Three-Part-Test. CalRecycle is working on emergency regulations to create an EA Notification category for glass recyclers; otherwise, they’d be dealt with as illegal transfer stations, which may not be practical on such a large scale. They will follow-up the emergency regulations with a permanent rulemaking process.  

E. Legislation Update

Mark de Bie gave an update:

  • AB 1613–includes provisions for greenhouse gas grants (40 million dollars).
  • SB 1383–includes limits on methane and other emissions at landfills.
  • AB 1239–would’ve included an additional waste tire fee, but it did not pass.
  • AB 2511–defines “biochar” to include it as materials that can be applied to land
  • SB 1000–environmental justice for land use decisions.

F. Training Update

Ken Decio provided an update on the landfill gas training that CalRecycle is currently doing statewide and the 2017 CalRecycle/LEA Technical Training Series that is to be held in Long Beach.

G. CalRecycle Staff Updates

Paul Saldana is the new Supervising Senior Environmental Scientist in the Tire Enforcement Section of the Waste Enforcement and Evaluation Branch and will be working in the Riverside office overseeing the Southern California Tire Compliance Unit. Christina Reese has been promoted to Associate Governmental Program Analyst in the Financial Assurances section.

Joe Doser was recognized for his work in the CalEPA Basic Inspector Academy and CalRecycle encouraged others to become volunteer instructors.

VI. Public Comment Period

There were no public comments.

Meeting adjourned at 3:17 p.m. 

Next EAC Meeting: December 6, 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: December 9, 2016
Enforcement Advisory Council (EAC) http://www.calrecycle.ca.gov/LEA/EACouncil/
Leta Forland: Leta.Forland@calrecycle.ca.gov (916) 341-6395