Local Enforcement Agency Correspondence

November Permitting and Enforcement Committee and Board Meeting Summary

Date: November 19, 2003

To: All Local Enforcement Agencies

This all LEA e-mail was sent on behalf of the LEA Support Services Branch of the California Integrated Waste Management Board (CIWMB) and Howard Levenson, Deputy Director Permitting and Enforcement Division.

Permitting and Enforcement (P&E) Committee Meeting: Monday, November 3, 2003
Board Meeting: November 18 - 19, 2003

Summary of the Board and P&E Committee Meetings:

• The Board concurred in two full solid waste facility permits, both on the consent agenda.
• The Board heard a discussion on Landfill Facility Compliance Study Task 7, the identification of emerging technologies that could possibly improve the operation of California’s municipal solid waste (MSW) landfills if applied.
• The Board approved seven Farm and Ranch grant applications for the cleanup of 32 illegal disposal sites on farm and ranch property in the amount of $747,963.
• The Board will be reviewing Governor Schwarzenegger’s Executive Order suspending all proposed state regulations and calling for the review of all regulations adopted, amended or repealed in the last five years. Under the Executive Order, all proposed regulations will be suspended for up to 180 days pending review. In addition, each agency is to conduct a 90-day review of all regulations adopted, amended or repealed in the last five years to determine if they are necessary, clear, consistent and are not unnecessarily burdensome or cause undue harm to California's economy. The suspension may be stayed by the Director of Finance if the immediate need for any proposed regulations is provided.
• The Board delayed approval of the adoption of the Landfill Closure Loan Program regulations due to the new Governor’s Executive Order. The program was established by Assembly Bill 467 after the California State Auditor’s report recommended that the CIWMB seek legislation that will allow it to offer loans or grants to landfill operators in need of financial assistance to close unlined landfills. Loan amounts are limited by statute to $500,000 for each landfill closure project.
• The Committee directed staff to proceed with the formal rulemaking process for the Conversion Technology proposed regulations. The Committee requested that staff consider pertinent information from the conversion technologies life cycle analysis studies when available and make any appropriate revisions to the regulations. It is unknown when the 45-day comment period will commence.
• The Committee heard a discussion of the Board’s role as Enforcement Agency (EA). The focus of the discussion was on enforcement actions and options for disputing inspection results.
• The Sustainability and Market Development Committee directed staff to begin the formal rulemaking process and to formally notice the proposed revisions to the Disposal Reporting System (DRS) and Adjustment Method Regulations for the  45-Day comment period. The regulations require all landfills to track disposal of segregated loads of designated waste, Construction and demolition (C&D) debris/inert debris, and disaster waste by jurisdiction of origin. This information must be reported to a jurisdiction upon request. Additionally, section 20510 of Title 27 of the California Code of Regulations was revised to require that a landfill operator keep DRS records as part of the state minimum standards. (Current regulations already contain a similar requirement for transfer station operators.)
• Prior to the Committee meeting there was a very successful workshop on the post-closure maintenance period and financial assurances for post-closure maintenance. More information on various models is being sought. An agenda item on postclosure maintenance/financial assurance issues will be brought to the Board  in late winter/early spring 2004.
• The next P&E Committee meeting will be held at 1 p.m. on  December 8, and the next Board meeting will be on December 16-17 in Sacramento. 
• The P&E Committee and Board meetings are being audio broadcast and are available from almost any personal computer with Internet access.

November 18-19 Board Meeting: Permitting and Enforcement and Related Agenda Items

All agenda items are available on the internet.

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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