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March Permitting and Enforcement Committee and Board Meeting Summaries

Date: March 21, 2003

To: All Local Enforcement Agencies

Please note the date of the special Board Meeting for the Construction and Demolition Regulations is on April 9 at 1:30 p.m.  Sorry for any confusion.

This all LEA e-mail was sent on behalf of Scott Walker, Acting Deputy Director of the Permitting & Enforcement (P&E) Division and the LEA Support Services Branch of the California Integrated Waste Management Board. These Board and P&E Committee Meeting summaries will be sent after each Board and P&E Committee Meeting.

Permitting and Enforcement (P&E) Committee Meeting: Monday, March 10, 2003
Board Meeting: March 18 & 19, 2003

Board and P&E Committee Meeting Summary:

  • The Board directed staff to begin another 15-day comment period for the proposed Construction and Demolition and Inert Debris Processing Tiered Regulations (Phase I). After the close of the 15-day comment period, staff will return to the full Board for a special meeting on April 9 at 1:30 p.m. to request adoption.

The Board directed staff to include language that will establish the following:

  1. Zero--less than 25 TPD = EA notification permit tier.
    25 TPD-- less than 175 TPD = registration permit tier.
    175 TPD and more = full permit tier.
  2. Change the registration tier residual percentage to 40%.
  3. Mandatory Division of Occupational Training and Health (DOSH) training for LEAs.
  4. Require operator to include the Injury, Illness and Prevention Plan (IIPP) in the plan or report.
  5. "Three-strikes" language for operators found by the LEA to exceed certain limits.
  6. Amend the "processing" definition.
  7. Add a public hearing/community outreach requirement by the LEA.
  8. Add specified language regarding the origin of construction and demolition-like material.
  9. Flip the full permit phase--in time limits from 3 years with up to a 2 year LEA extension to 2 years with up to a 3 year LEA extension.
  10. Add in a fire plan.
  11. Add tonnage records based on actual weight.
  12. Add unannounced and randomly scheduled inspection language.

[Note: the revised text will be sent out early in the evening on Friday]

  • The committee directed staff to begin another 15-day comment period for the proposed waste tire monofill regulations.
  • The committee heard the results of the Second Cycle Of Local Enforcement Agency Evaluations. The results were well received with the Committee asking staff to clarify LEA enforcement authority for Crippen-like sites and to include the basis for the evaluation’s permit findings in the evaluation results portion of the agenda item.
  • The committee heard an update on the numerous actions taken in response to the 2000 Bureau Of State Audits Report. There were 16 recommendations in the audit report regarding landfill capacity, environmental justice, long term gas violations, permit enforcement, Notice & Orders, 18 month inspections, civil penalties, landfill closure & post closure, landfill environmental impacts and diversion rate calculations.
  • The Board heard an update on the implementation of Goal 6 of the Board's 2001 Strategic Plan on Environmental Justice.
  • Due to the testimony from legislators and public expressing concerns regarding the Bradley Landfill’s proposed permit, the Board directed staff to return to the Board on April 9 with a response to concerns. Some of the concerns expressed were radioactivity, buffer zones, gas control system, leachate collection system, CEQA and the conformance finding.
  • The Board concurred in one solid waste facility permit.
  • Both the committee and Board were very supportive of the Solid Waste Disposal And Co-disposal Site Cleanup and the Closed, Illegal And Abandoned Site Investigation Programs and voted to augment the environmental services contracts for these programs. Additionally, the grant awards for the Farm And Ranch Solid Waste Cleanup and Abatement program were approved.
  • The next P & E Committee meeting will be held on April 7, and the next Board meeting will be on April 23 in Sacramento. A special meeting will be held on April 9 for the Construction and Demolition and Inert Debris Processing Tiered Regulations and the Bradley Landfill permit items.
  • The Board expressed support for staffs’ efforts to identify and prioritize C&D sites in the state. At this time, staff identified three priority sites in Sacramento, Riverside and Imperial Counties among several other lower priority sites statewide.
  • The P&E Committee and Board meetings are being audio broadcast and are available from almost any personal computer with Internet access.

Board Meeting: Permitting and Enforcement Agenda Items

Item 25. Committee Only. Discussion of the second cycle of local enforcement agency evaluations (Committee Item B)

Item 26. Consent. Consideration of the request to exempt the local Enforcement agency grant program from the permit checklist requirement (Committee Item C)

Item 27. Consideration of augmentation of the environmental services contract for the Solid Waste Disposal and Co-Disposal Site Cleanup Program (IWM-C2001)  (Committee Item D and Budget & Administration Committee Item G)

(Note: Item had Committee consensus support)

Vote: 

Aye: Jones, Medina, Paparian, Peace, Washington, Moulton-Patterson

Item 28. Consideration of augmentation of the environmental services contract for the Closed, Illegal And Abandoned Site Investigation Program (IWM-C0130) (Committee Item E and Budget and Administration Committee Item H)

(Note: Item had Committee consensus support)

Vote: 

Aye: Jones, Medina, Paparian, Peace, Washington, Moulton-Patterson

Item 29. Consideration of the grant awards for the Farm And Ranch Solid Waste Cleanup and Abatement Grant Program FY 2002/2003 (Committee Item F and Budget and Administration Committee Item I) 

(Note: Item had Committee Consensus Support)

Vote: 

Aye: Jones, Medina, Paparian, Peace, Washington, Moulton-Patterson

Item 30. Consent. Consideration of a revised full solid waste facilities permit (Disposal Facility) for the Palo Verde Solid Waste Site, Imperial County (Committee Item G)

Item 31. To be heard on April 9. Consideration of a revised full solid waste facilities permit (Disposal Facility) for Bradley Landfill West and West Extension, Los Angeles County (Committee Item H)

(Note: This Item was heard on Wednesday, March 19 at 1:30 p.m.)

Item 32. To be heard on April 9. Consideration of the adoption of a negative declaration (State Clearinghouse No. 2003022081) and proposed regulations for the construction And demolition and inert debris processing tiered regulations (Committee Item I) 

(Note: This Item was heard on Tuesday, March 18 at 1:45 PM)

Item 33. Committee Only. Discussion and request for rulemaking direction on noticing revisions to the proposed waste tire monofill regulatory requirements for an additional 15-day comment period (Committee Item J)

Item 34. Committee Only. Update on landfill operations training/certification pilot program

Item 66. Discussion Item. Discussion of action plan to identify and evaluate construction and demolition debris sites

(Note: This item was heard before agenda item 32.)

Other Items of Interest

Item 23. Discussion Item. Discussion and request for direction regarding implementation of goal 6 of the Board's 2001 Strategic Plan: Environmental Justice

Item 24. Committee Only. Update On 2000 Bureau Of State Audits Report (Committee Item J and Permitting & Enforcement Committee Item L) 

This email is not an official transcript of the Board's actions and should be used for informational purposes only.

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

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Melissa Hoover-Hartwick: Melissa.Hoover-Hartwick@calrecycle.ca.gov (916) 341-6813