Round Table Notes, Winter 2002

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California Department of Resources Recycling and Recovery (CalRecycle)

Main Topics:

1) Pilot Program for Permit Processing: The pilot program includes submittal of applications for full permits to the LEA on the final Monday of each month to allow the CIWMB as close to a 60-day timeframe for review of full permit applications. LEAs and operators may jointly request in writing that Board staff enter into a written stipulation to either shorten or lengthen the processing period. Submittal of draft permits and early submittal of complete permit application package is encouraged. In conjunction with the pilot program, Board staff will track other permit processing issues to fully evaluate the entire permit issuance program. Some LEAs suggested that the Board consider having two Board meetings a month to allow greater flexibility and more permit review time for Board staff, instead of the pilot program. More suggestions will be considered once the pilot program has been completed. Notification of the pilot program may be found at http://www.calrecycle.ca.gov/LEA/Mail/2002/Pass.htm. Comments on the pilot program? Contact the supervisor in charge for your region.

2) Permit Enforcement Policy (PEP) Regulations and Enforcement Orders: The 45-day comment period should begin by the end of March. The proposed regulations add the stipulated agreement as another tool to waive permit terms and conditions during a temporary emergency. Upon written request of an operator, the LEA may issue a stipulated agreement to operate outside permit terms and conditions. For a temporary emergency resulting from an unforeseen circumstance, a 90 day limit is placed on the agreement, and the operator must be in compliance with all other permits, such as: SMS, CEQA, etc. These regulations will not effect the use of Notice and Orders for other types of violations (such as state minimum standards violations). As this new tool allows operations outside of the terms and conditions of the permit it includes aspects of the existing emergency waiver process and the permit process. The stipulated agreement provides the LEA another option if all specified conditions are met. At the RTs there was minimal discussion. Some LEAs questioned the requirement to go before the Board to report on any extensions of this type of order. Some LEAs also questioned the authority given to the Executive Director to condition, limit, suspend, or terminate an operator’s use of a stipulated agreement, if it is determined that the use of the agreement would cause harm to public health and safety, or the environment. (A few LEAs mentioned that this provision appears to second guess the LEA and seems to set aside any type of partnership between the LEA and CIWMB.) For further information please go to http://www.calrecycle.ca.gov/Laws/Rulemaking/Archive/2003/TempWaiver/.

3) Inventory Regulations: It is anticipated that the 45-day comment will begin in April 2002. The regulations describe the process for using the Inventory to list solid waste facilities that violate State Minimum Standards. There were very few comments on these regulations at the Round Tables. The regulations are posted on the LEA Central website at http://www.calrecycle.ca.gov/Laws/Rulemaking/Archive/2003/Inventory.

4) Compostable Materials Regulations and the Odor Impact Minimization Plan: The 45-day public comment period is anticipated to begin by March 29, 2002. Operators of facilities and operations will be required to submit an odor impact minimization plan (OIMP). Additionally, these 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. Most LEAs expressed enthusiasm about the requirement for an odor impact minimization plan. Some LEAs suggested strengthening the regulation’s enforceability by deleting the last phrase in sub-section (g). Also LEAs mentioned that a template and additional guidance for the odor impact minimization plan, identifying an odor nuisance and complaint response protocol would be helpful. The proposed regulations may be found at http://www.calrecycle.ca.gov/Laws/Rulemaking/Archive/2003/CompMaterial. (NOTE: The 45-day formal public comment period on a related package, the transfer and processing of putrescible wastes, runs from March 1 to April 15, 2002. For more information: http://www.calrecycle.ca.gov/Laws/Rulemaking/Archive/2002/Putrescible/.)

5) Construction, Demolition and Inert Regulations, Processing and Disposal: The proposed Phase I regulations for transfer and processing should start the formal 45-day comment period by April 2002. These regulations cover the transfer and processing of construction, demolition, and inert debris, including chipping and grinding of wood debris. At the RTs, there was a great deal of discussion about the 1% putrescible in the three-part test as being difficult to enforce. LEAs discussed having the requirement limit putrescibles by allowing a “minimal amount” rather than have a specified percentage by volume. Another concern was the storage limits since the market price of a recyclable may require a processor to store for a longer time until the price improves. Additionally, some LEAs questioned if constriction, demolition and inert (CDI) regulations were needed since other regulations cover transfer processing of wastes and recyclables. Regarding Phase II regulations for CDI disposal, a "show-by-hands" survey was conducted to see if the notification tier would be appropriate for mine reclamation/engineered fills. About half the LEAs seemed to feel some oversight by the LEA would be appropriate, others felt that there was adequate oversight by other agencies. The proposed Phase I regulations may be found at http://www.calrecycle.ca.gov/Laws/Rulemaking/Archive/2003/CDMaterial/. The first draft of the proposed informal text of the Phase II regulations may be found at http://www.calrecycle.ca.gov/Laws/Rulemaking/Archive/2003/CDMaterial/InfTxt1PhII.doc.

6) Closure and Post Closure Maintenance Regulations: These proposed regulations include provisions to re-establish the Board as the coordinating agency for closure plans, set criteria to address trickling wastes into landfills, require closure plan approval for solid waste facility permit concurrence, and re-establish a closure permit. The proposed regulations were discussed at two of the Round Table venues. LEAs seemed most concerned with the requirement for Water Board approval of the plans for permit concurrence and with the issuance of a closure permit. LEAs had previously requested additional meetings to discuss the proposed regulations. The regulations are still being revised. It is anticipated that the regulations will go to the Board to request the start of a 45-day comment period in April. The proposed regulations are posted at http://www.calrecycle.ca.gov/Laws/Rulemaking/Archive/2003/Closure.

7) E-Waste: The information gathered from this series and last fall’s set of Roundtables indicates there are still many problems in the field related to managing cathode ray tubes (CRT). To identify the specifics of issues associated with CRTs, a survey is being developed. The information from the survey will help the e-waste working group assess and prioritize the areas of e-waste disposal that need the most immediate support. The survey will be sent to all LEAs, Recycling Coordinators, CUPAs solid waste facility operators. At the RTs, LEAs mentioned that in Central California, illegal dumping of CRTs is occurring. Also, the public is breaking up their CRTs and putting them in the trash, increasing exposure risks to the public and environment. LEAs commented that if markets and handling were planned in advance, there would not be the magnitude of current disposal problems. Additionally, rural LEAs mentioned the need for more Household Hazardous Waste grant money and for the CIWMB to alleviate some of the transportation costs for getting e-waste materials to the appropriate handlers. For information regarding facilities approved to receive CRTs, please contact the Department of Toxic Substances Control, Charles Corcoran at (916) 327-4499.

8) Closed, Illegal and Abandoned (CIA) Sites Guidance Document: Because LEAs have requested additional guidance in conducting inspections of CIA sites, a guidance document is being developed and input from LEAs is being sought. The document will contain inspection criteria focusing on the five State Minimum Standards (SMS): Gas, Cover, Drainage, Erosion, and Security. The guidance document will be a viable reference tool, to assist in the identification and reporting of violations and areas of concern. Volunteers are needed to assist with development of the manual and to provide case studies for the manual. Volunteers may contact Mac at the phone number below. LEAs were very enthusiastic about the guidance document. Additionally, they mentioned that they would benefit if our equipment loan program were able to supply them with surveillance equipment to stop the illegal dumping once a site is cleaned up. A draft copy of the CIA Guidance Document has been posted on the CIWMB website at http://www.calrecycle.ca.gov/SWFacilities/CIA/Inspection/Draft.pdf.

9) LEA Conference: LEAs expressed excitement about the upcoming conference. While a major portion of the conference is dedicated to technical sessions, a great way to enhance the conference experience is to participate in a networking activity. Participation is fun but coordinating a networking activity may be even more fun. LEAs have been volunteering to coordinate the networking activities. We now have volunteers for golfing, biking, horseback riding, ultimate Frisbee, water polo, and hiking activities. Volunteers are still needed to coordinate additional activities such as rafting, gondola rides and volleyball. If you have ideas for other activities or would like to volunteer, please contact Mindy Fox. Conference and training information may be found at http://www.calrecycle.ca.gov/LEA/Training/.