Local Enforcement Agency Correspondence

Round Table Notes, Fall 2002

Date: December 6, 2002

To: All Local Enforcement Agencies

Fall 2002 Round Tables were conducted in five venues throughout the State. The agendas may differ from other Round Tables because the topics include issues of regional concern. LEAs from each of the venues worked with CIWMB staff to develop the Round Table agendas. Each Round Table venue has an LEA Chair selected by the LEAs in that region.

This collection of notes summarizes some of the dialogue occurring at the Round Tables and paraphrases a number of concerns or recommendations of the local enforcement agency staff that attended. Since not all LEAs and CIWMB staff are able to attend every Round Table (RT), this summary is being presented to make information available on some of the issues with statewide implications. Further, these summaries may help to focus all parties if the Enforcement Advisory Council (EAC) or the CIWMB staff recommend any program changes at the State and local level.

List of Highlights

• LEA Survey and Partnership
• Burn Dumps and Department of Toxic Substances Control Working Group
• Conformance Findings
• Construction and Demolition and Inert Regulations--Phase I
• Compostable Materials Regulations
• Waste Tire Grant Programs
• Permit Toolbox Maintenance Advisory Committee
• Training
• E-Waste

LEA Survey and Partnership: In April 1996 the California Integrated Waste Management Board (CIWMB) and the California Conference of Directors of Environmental Health (CCDEH), representing the majority of LEAs, agreed to work in partnership to identify and resolve issues to better promote mutual interests for meeting legislative mandates for the effective management of solid waste in California. This joint effort was called "Partnership 2000". To strengthen Partnership efforts, at the annual LEA Conference 2002, LEAs and CIWMB united to identify issues to be resolved to further enhance partnership efforts and the ability of LEAs and CIWMB to meet their solid waste management mandates.  Additionally, through the EAC, LEAs were surveyed and identified issues relating to their communications and working relationship with CIWMB. The results of both these efforts will be brought forward to a working group of key LEAs and CIWMB staff. Some of the discussion at the Round Tables focused on the most effective method to bring issues forward to the Board and how to effect a massive policy change. The Partnership working group is still being formed and will be meeting in the next few months.

Comments? Contact Sharon Anderson at (916) 341-6319.

Conformance Findings: The Board determined at its August 2002 Board meeting that for a permit to be in conformance with the applicable planning document, landfills with nondisposal facilities located on them must have the nondisposal facility separately identified in the host jurisdiction’s nondisposal facility element or it must be separately identified in the appropriate county’s Countywide Siting Element. There are many exceptions to this decision and there will not be much immediate impact. At the RTs, some LEAs wondered why the guidance was sent as an all LEA e-mail rather than an LEA Advisory. LEAs suggested that all LEA e-mails be numbered for tracking purposes.

Comments?  Please contact your Permitting and Inspection Branch liaison.

Burn Dumps and Department of Toxic Substances Control Working Group: To clarify investigation of burn dump sites, a Cal/EPA Burn Dump working group was formed. To address technical issues, a Burn Dump Guidance Technical Subcommittee was created which will be able to meet the mandates of Assembly Bill 709 (Wayne), effective January 1, 2003. The bill has several requirements, including that by June 30, 2003, the Department of Toxic Substances Control (DTSC), in consultation with the CIWMB and the State Water Resources Control Board (SWRCB), develop site investigation and characterization protocols to be used by the Board and LEAs on burn dumps which apply for funding under the AB 2136 Program. It is anticipated that the draft protocols will be available for review in February and the guidance document completed by early next summer. Some of the issues discussed at the Round Tables were assuring that the availability of funding does not take precedent over public health and safety issues. It was suggested that use of the protocol should be required at all sites, not just sites with funding. Also, the certified unified program agent's (CUPA) role should be clearly defined. It was suggested that the site consultation process should be formalized so that it is clear which agency would have the lead role in any burn site remediation since there are potential conflicts between Regional Water Quality Control Boards (RWQCB), DTSC and other agencies. Some LEAs who are not part of the sub-committee expressed an interest in reviewing the draft document.

Comments? Contact Wes Mindermann at (916) 341-6314.

Construction and Demolition and Inert Regulations--Phase I: These proposed regulations cover the transfer and processing of construction, demolition, and inert debris (CDI). The 45-day public comment period ended July 15. Only two letters were received from LEAs during the formal 45-day comment period. The regulations have been revised and an additional 15-day comment period has been approved. Although there were positive comments on the proposed regulatory language, these notes highlight some of the concerns. At the RTs, there were questions about the need for the regulatory package since existing regulations should be able to deal with regulatory concerns at most sites, especially because a full solid waste facility permit is proposed for sites processing relatively small amounts of materials. Additionally, since CDI is generally a non-putrescible waste, the regulatory oversight should be more than sufficient in the existing transfer processing regulations. There were also questions about storage times. Some LEAs would like flexibility to shorten as well as extend the storage times. Some of these issues were responded to at the RTs and the proposed regulations have been revised. 

Questions about these issues or others should be submitted in writing to Allison Spreadborough, at (916) 341-6803.

Compostable Materials Regulations: After the close of the second 15-day comment period, which ended October 26, the Board adopted the regulations at their November 19 meeting. Board staff are currently preparing the final rulemaking file for submittal to the Office of Administrative Law. It is anticipated that these regulations will be effective in late winter 2003. The proposed regulations place operations and facilities into tiers, including the elimination of the registration and standardized tier permits for composting facilities and the establishment of full and registration tier permits for chipping and grinding facilities. Additionally, operators of both facilities and operations will be required to submit an odor impact minimization plan (OIMP). Training on the OIMP will be offered to LEAs in early winter 2003. At the RTs, some LEAs had questions on whether a new California Environmental Quality Act document would be needed for operations now placed in the registration tier. Also, there was a request that the inspection forms be updated as soon as possible to include the new requirements. Some LEAs felt that the two year period allowed to obtain a permit would be too long and may be abused by some operators.

Comments on the regulations? Contact Alan Glabe at (916) 341-6714. Comments on compost the issues? Contact Jeff Watson at (916) 341-6384.

Waste Tires-Enforcement Grant Program: LEAs expressed a great deal of interest in obtaining a waste tire enforcement grant. Some LEAs requested training on completing the application package.  Board staff will be working with the LEAs and provide training. Additionally, San Diego City LEA will be developing a program to assist LEAs in establishing a waste tire enforcement program in their jurisdiction.

Comments? Contact David Volden at (916) 341-6433.

Permit Toolbox & Toolbox Maintenance Advisory Committee Survey: The Toolbox Maintenance Advisory Committee (tMAC) is a subcommittee of the EAC. The purpose of tMAC is to monitor and recommend direction on the maintenance and continual improvement of the Permit Toolbox. Additionally, tMAC will be assisting with the completion of the Report of Disposal Site Information guidance web site. At the RTs, LEAs from each venue volunteered to join tMAC to assist with these efforts. The assistance is greatly appreciated and an excellent team has been formed.

Comments? Contact Jon Whitehill at Jon.Whitehill@calrecycle.ca.gov or (916) 341-6403.

Training:  LEAs had many positive comments and are excited about the training program. Some LEAs requested more state minimum standards training. Also, some LEAs suggested that a list of ‘mandatory’ or ‘minimum’ trainings be attached to the LEA enforcement grant so that their directors would more readily support their participation and assure available funding for staff training.  At this time, there are no mandatory classes as part of LEA certification. The suggestion was referred to the LEA Training Section.

Comments? Contact Mindy Fox at Mindy.Fox@calrecycle.ca.gov or (916) 341-6701.

E-Waste:  LEAs were very appreciative of the comments on DTSC’s cathode ray tube (CRT) regulations that were sent by the City of Vernon LEA. Several LEAs mentioned that DTSC’s emergency regulations have caused huge increases in the illegal dumping of CRTs. Many LEAs expressed concern that we do not have any infrastructure to handle CRTs or universal wastes and the exemptions allowing disposal of universal wastes in class III landfills will sunset in 2006.

Comments? Contact Sue Happersberger at Susan.Happersberger@calrecycle.ca.gov or (916) 341-6383.

Thank you,
Melissa Hoover-Hartwick
LEA Support Services
(916) 341-6813

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