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Date: August 23, 2004
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.
Board Meeting: August 17, 2004
Permitting and Enforcement (P&E) Committee Meeting: August 10, 2004
Summary of the Board and P&E Committee Meetings on items of possible interest
to LEAs:
- The Executive Director reviewed the Board’s numerous accomplishments
in the last fiscal year.
- The Executive Director reported that he exercised his authority to
modify an additional extension of a Stipulated Agreement for the Anderson
Landfill to exceed the height limit while a new lined cell is completed.
At the June Board meeting, the LEA reported that the Stipulated Agreement
was extended until August 10, 2004. The operator requested more time and
the Stipulated Agreement was going to be extended until August 30, 2004 by
the LEA. The Executive Director limited the deadline for extension to
August 20, 2004.
- The Board concurred in the issuance of one revised full solid waste
permit. The Permitting and Enforcement Committee placed the permit on the
consent calendar, however, the item was pulled from consent for the Board
meeting. The Board members discussed whether permit items should ever be
allowed to be on the consent calendar. The legal office will include this
issue in a future agenda item that will review Board protocol.
- The Board approved an amendment to Section 18660.6(b)(1) of Title 14,
California Code of Regulations, to establish February 1, 2005 as the date
covered electronic waste, as defined in the Electronic Waste Recycling Act
of 2003 (SB 20), will be eligible for an electronic waste recycling or
recovery payment. This would change the current date of October 1 which
was set three months after the Act's date for the beginning of the
collection of the Electronic Waste Recycling Fee (Fee). AB 901, enacted
June 30, 2004, changed the date for the beginning of the collection of the
Fee from July 1, 2004, to November 1, 2004. This made the October 1 date
for payment occur thirty days before any money would legally begin to
accumulate in the fund. The change of the October 1 date to February 1,
2005 was done to assure that there would be revenue in the fund with which
to begin making payments. This date adjustment is minor and was proposed
through what is known as a "Section 100" change to regulation.
- The Board held a public hearing and approved on consent the adoption
of the proposed Solid Waste Facility Permit Application Form Regulations,
CIWMB Form E-1-77, and its accompanying instructions. The 15-day public
comment period closed on Friday, July 30, 2004 and the public hearing for
the proposed regulations was held at the August 10, 2004 P&E Committee
meeting. In response to California State Auditor’s report (Number
2001-109) which recommended that the Board “Update its database and
require local governments to report accurate landfill capacity information
on an annual basis in a consistent manner”, the permit application form
was revised to include landfill capacity data and to include other minor
changes. Two main issues brought up at the public hearing were addressed
as follows: 1) a survey every 10 years to determine remaining capacity for
landfills receiving less than 20 TPDs is not burdensome (a survey is
required every 5 years for landfills receiving over 20 TPD) and 2) the
final statement of reasons will state that capacity information will not
be used as part of the Board’s decisions on solid waste facility permits.
The next Board meeting will be on September 21 and 22, 2004 in Sacramento.
The P&E Committee will meet on Friday September 17, 2004 at 10 AM.
The P&E Committee and Board meetings are being audio broadcast and are
available from almost any personal computer with Internet access. Go to
www.calrecycle.ca.gov and click on the far
right link under "More Resources" titled "Broadcasts & Videos" or click on
"Broadcasts" in the upper right corner of the electronic meeting agenda.
August 17, 2004 Board Meeting: Permitting and Enforcement and Other Agenda
Items
All agenda items may be accessed at:
http://www.calrecycle.ca.gov/Archive/IWMBMtgDocs/.
2. Consent: Consideration of Adoption of Proposed Solid Waste Facility Permit
Application Form (E-1-77) Regulations (P&E Committee Item B)
Approval to Adopt the Permit Application Form Regulations
3. Consideration of a Revised Full Solid Waste Facilities Permit (Disposal
Facility) for the Borrego Landfill, San Diego County (P&E Committee Item C)
Concurrence for a Full Solid Waste Facility Permit
14. Consideration of Emergency Amendment Without Regulatory Effect of E-Waste
Regulation to Conform to Law Change in AB 901 (Chapter 84, Statutes of 2004)
Approval for a Section 100 change to Amend the Date for Payment.
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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