Local Enforcement Agency Correspondence

Three Resolutions adopted by Enforcement Advisory Council, to local enforcement agencies

Date: April 9, 1998

To: All Local Enforcement Agencies

Ken Calvert, Chair
Enforcement Advisory Council
San Diego Department of Environmental Health
PO Box 129261
San Diego, CA 92112-9261

Dear Mr. Calvert:

I would like to take this time to respond to your March 18, 1998 letter regarding the three resolutions that were adopted by the EAC. I will respond to the resolutions in the order that you presented them in your letter.

Resolution 98-01: Support the CCDEH Solid Waste Policy Committee position opposing regulations requiring Enforcement Agencies (EAs) to refer violations to the California Occupational Safety and Health Administration (OSHA).

Board staff have been directed by the Permitting and Enforcement Committee to prepare for consideration a Memorandum of Understanding (MOU) with the Department of Occupational Safety and Health (DOSH) which will address several areas including but not limited to, clarifying jurisdictional authority over identified standards where there is potential overlap, the addition of procedures for informal referrals to DOSH, and a procedure for resolving jurisdiction issues in any gray areas. Staff will be meeting with interested LEAs and DOSH in the coming weeks to discuss this issue in more detail and work to alleviate present concerns. We will notify you once the date and time has been determined.

Resolution 98-02: Support the development of the Permit Desk Manual (PDM) and encourage the dedication of sufficient staff to allow the development of the PDM to be completed within one year to eighteen months.

Thank you for your support of the new PDM. I am currently involved in some strategic planning related to Improving Facility Compliance. As part of this effort, the desk manual has been identified as a tool to improving facility compliance. Resource allocations will be part of this overall strategic planning priority area. The 12 to 18 month timeframe, suggested by the EAC, should be sufficient to develop the new PDM.

Additionally, I thank you for the offer to work with my staff to develop a process for the on going updating of the manual. Suzanne Hambleton, of the Permitting and Inspections Branch will be contacting you to discuss this proposal.

Resolution 98-03: Support the CCDEH Solid Waste Policy Committee position regarding changes to the proposed Transfer Station Regulations. Specifically, the use of "absolute" language in standards, such as the word "prevent", and certain regulatory overlap issues dealing with health and safety, fire, and visual screening.

Board staff will be setting up a meeting with concerned LEAs and industry representatives to discuss the issue stated above and work toward creative solutions to the identified concerns before the May Committee meeting. We will notify you once the date and time has been determined.

If you have any questions or need additional information, please call me at (916) 341-6360.

Sincerely,

Original signed by:

Dorothy Rice, Deputy Director
Permitting and Enforcement Division

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