Local Enforcement Agency Correspondence

Round Table Notes, Fall 2001

Date: November 27, 2001

To: All Local Enforcement Agencies

List of Highlights

• Transfer/Processing of Putrescible Waste Regulations
• Permit Enforcement Policy/Stipulated Agreement Policy 
• Compostable Materials Regulations
• Construction and Demolition and Inert Regulations
• Cathode Ray Tubes (CRT)
• Waste Stream Profiles
• Annual LEA/CIWMB Conference

Transfer/Processing of Putrescible Waste: The emergency regulations were approved at Office of Administrative law and will go into effect on February 13, 2002. The permanent regulations are being drafted and it is anticipated that the 45 day public comment period will begin in winter 2002. At the Round Tables (RT), the main issue with these regulations seemed to be the relationship to the C&D and compostable materials regulations. Additionally, there is a draft, three part test advisory that was presented at the November EAC meeting. The regulations are posted at http://www.calrecycle.ca.gov/Laws/Rulemaking/Archive/2002/Putrescible/.

Permit Enforcement Policy: The emergency regulations add another enforcement tool to address violations of permit terms & conditions. At this time, there is no guidance on when or how LEAs should use this new enforcement mechanism. In the permanent Permit Enforcement Policy (PEP) regulations, the CIWMB will be proposing that the only way an LEA could write an enforcement order to operate outside permit terms and conditions would be as identified in the PEP regulations, i.e., unforeseen circumstance, 90 day time limit, must be in compliance with all permits, state minimum standards (SMS), California Environmental Quality Act (CEQA), etc. These regulations will not affect the use of STIPs for other types of violation (such as SMS violations etc). PRC 45011 allows an LEA to write all types of enforcement orders establishing a time schedule to bring a site into compliance with permit terms and conditions or SMS.

Some LEAs questioned the requirement to go before the Board to report on an extension of this type of order. Various LEAs also inquired about the need to allow the Executive Director to change (condition, terminate etc) a PEP type order issued by the LEA (second guessing the LEA and partnership were mentioned).

The Office of Administrative Law approved emergency regulations for the Permit Enforcement Policy on November 1, 2001 and the emergency regulations became immediately effective. For further information please go to http://www.calrecycle.ca.gov/laws/Rulemaking/Archive/2003/TempWaiver/.

Compostable Materials: The Board approved the draft regulations for the 45 day, public comment period which is anticipated to begin in winter 2002. The completed Fiscal and Economic Impact Statements are necessary to begin the 45 day, public comment period and are still under review. These proposed regulations place operations and facilities that handle compostable materials into tiers, including the elimination of the registration tier permit for composting facilities and the establishment of full and registration tier permits for chipping and grinding facilities.

There was much discussion at the Round Tables over the Registration tier permit. Some LEAs felt that the Registration tier permit is needed for composting facilities because of the ease in obtaining a permit. Some operations may require a registration permit because of seasonal fluctuations. In the proposed regulations, they may now be required to get a full permit. It was stated that a business could be forced to close if required to obtain a full permit. One LEA said that the PRC allows an LEA to condition a Registration tier permit under PRC section 44014(b) thereby providing necessary regulatory oversight in the registration tier. Another LEA felt we should maintain the Standardized tier for large publically owned treatment works composting facilities.

In general, LEAs liked the odor impact minimization plan. The use of the alternative classification was questioned in previous Round Tables, some LEAs expressed concerns that they may be placed in a ‘no win’ situation with the alternative classification option. Possibly, the LEA may upset industry if down-tiering is not recommended or anger a neighborhood group if the alternative classification is issued.

Also, various LEAs found the agricultural operations to be confusing and clarification in the proposed regulatory language was requested (including the slotting of mushroom farms).

In some jurisdictions, compost marketing is being restricted because of Sudden Oak Death Syndrome and it is having a major impact on the composting industry in the area. 

The proposed regulations may be found at http://www.calrecycle.ca.gov/Laws/Rulemaking/Archive/2003/CompMaterial/.

Construction, Demolition and Inert Regulations: These regulations cover the transfer and processing of construction, demolition, and inert debris. Phase II will follow and those regulations will cover the disposal of construction, demolition, and inert debris. The proposed Phase I regulations went to the Board in November to request approval to start the formal 45 day comment period, the Board requested that the informal period continue for another 30 days. At the RTs, there was a great deal of discussion about storage limits and authority over recyclers, burden of proof, numerous permits instead of a "master permit" requirement etc. Some LEAs asked how their comments would be captured and incorporated into the regulations. It was suggested that the LEAs submit their comments in writing to Allison Reynolds. The proposed Phase I regulations may be found at http://www.calrecycle.ca.gov/Laws/Rulemaking/Archive/2003/CDMaterial/.

Cathode Ray Tubes (CRTs): The Department of Toxic Substances Control (DTSC) adopted separate emergency universal waste regulations for CRTs that became effective August 3, 2001. Disposing of CRTs in the trash or in a municipal solid waste landfill is prohibited. The emergency regulations address the collection and recycling of CRTs by streamlining the hazardous waste management requirements by including them in the Universal Waste Rule. The regulations are effective for 120 days. DTSC staff is working on the permanent regulations. The Notification requirements became effective on November 1, 2001, the Annual Report on CRTs will be due to DTSC by November 1, 2002. At the RTs, there were many questions on the options for handling current stockpiles of CRTs that were pulled from the waste stream.

Waste Stream Profiles: Waste Profiles is being updated and a one-time request for information on the landfills within a jurisdiction was sent to LEAs. At the RTS, some LEAs mentioned that the 30 day turn around on the request for data may be difficult. They requested there be an option for jurisdictions that cannot meet the deadline due to other work constraints. Also, it was suggested that there may be a faster response if the requests are sent to the program managers rather than to the Directors. Some LEAs mentioned that the area of concern and violation data may generate more questions than answers regarding a facility’s compliance history. Waste Stream Profiles may be found at http://www.calrecycle.ca.gov/profiles/.

LEA Conference LEAs were very enthusiastic about last year's conference. For next year, some LEAs preferred to have the conference in November rather than in August to avoid possible conflicts with family vacations. One LEA recommended that their county counsels be invited to a special session at the next LEA Conference or perhaps there could be an annual event for county counsels. Several LEAs volunteered to work on the planning committee for next year's conference. Many LEAs have been accessing the information from the conference sessions on the web. Conference and training information may be found at http://www.calrecycle.ca.gov/LEA/Training/

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