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Date: April 22, 2005
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: April 19, 2005
Permitting and Enforcement (P&E) Committee Meeting: April 11, 2005
Summary of the Board and P&E Committee Meetings on items of possible interest
to LEAs:
- The Executive Director reported on one emergency waiver issued by
the Board’s EA in Stanislaus County to allow a landfill to exceed
tonnage due to temporary redirection of waste from a rendering plant
under repair.
- The Executive Director reported that the Board’s expenditures are
within or slightly under budget proposals.
- The Board commented on the excellent workshop on “Fires
in Solid Waste Piles” presented by CIWMB, CCDEH and the State Fire
Marshall. Two Board members, Marin and Mule joined the workshop. The
main purpose of the workshop was to begin developing a partnership among
LEAs and local fire authorities, and to review/discuss issues or
solutions for prevention and suppression of fires in stored piles. The
participants’ top three potential solutions were to 1) develop more
educational materials, including information posted on the website and
training involving LEAs, operators, and local fire officials; 2) develop
a model ordinance, out of the Fire Marshall’s office, and 3) develop
pile management BMPs to mitigate fires.
- The Board heard an update on the implementation of the Electronic
Waste Recycling Act of 2003 (Act), which the California Integrated Waste
Management Board (CIWMB) has begun in partnership with the Department of
Toxic Substances Control (DTSC) and the Board of Equalization (BOE).
Beginning January 1, 2005, retailers began collecting an electronic
waste recycling fee of $6, $8, or $10 per unit, depending on the
viewable screen size of the cathode ray tube (CRT) or liquid crystal
display (LCD) screen. The fee will be used to make payments to approved
qualified recyclers ($0.48 per pound) who then pay approved collectors
($ 0.20 per pound) to cover the cost of electronic waste collection.
Applying statutory definitions, the Department of Toxic Substances
Control (DTSC) determines which electronic devices are hazardous when
disposed and therefore “covered” by the program. DTSC also conducts
inspection of recyclers for compliance; CIWMB approves applications from
covered electronic waste collectors and recyclers (approval is for 2
years) and authorizes payments to recyclers; and BOE registers retailers
for the program and collects the fees remitted by retailers. Payments in
response to recycler payment claims have begun. As of the date of the
April Board meeting, there are approximately 32 recyclers and 204
collectors approved, and 3,200 retailers representing over 11,000
locations have registered with BOE.
- The Board concurred in three full solid waste facility permits, two
of them on the consent agenda. The EIR for the third permit identified
Significant and Unavoidable Environmental Impacts to Air Quality
requiring a Statement of Overriding Considerations. There was some
discussion on the air quality impacts in relation to the Board’s
authority when considering permit decisions. Air quality remains in a
category of issues outside the Board’s regulatory authority.
- The Board approved two grants in the amount of $125,337 for the
third quarter of fiscal year 2004/2005 for the Farm and Ranch Solid
Waste Cleanup and Abatement Grant Program. The money will be used to
clean up 11 sites in Humboldt and Trinity Counties.
- The Board approved a loan to the City of Portola landfill for a
total of $168,000 under the Landfill Closure Loan Program (LCLP) which
was established to award interest-free loans to operators of unlined,
older technology landfills desiring to close early to avoid or mitigate
potential environmental problems caused or threatened by continued
operation of the site. The total loan fund amount for the 2004/2005
Landfill Closure Loan Program (LCLP) cycle is $640,000.
- On April 11, the P&E Committee heard a discussion of possibly
expanding CIWMB’s role in providing joint training to LEAs/Inspectors
and Operators as well as whether this training should be mandatory or
involve certification of operators and inspectors. The Committee offered
direction to staff to return with an item that discusses how an expanded
program would work including aspects on cost recovery from industry. The
item will come back to the Committee with additional information on cost
recovery for an expanded program among other details.
- The P&E Committee directed staff to initiate an additional 15 day
comment period for the Research, Development, and Demonstration (RD&D)
Permits. During the 45-day comment period, the Board received 67
comments from 16 persons and organizations. The intent of the rule is to
provide for site-specific variances from certain Subtitle D criteria in
order to implement innovative MSW landfill technologies, provided that
the owner/operator demonstrates that compliance with the variance will
not increase risk to human health and the environment over the standard
requirements. RD&D Permits would allow approved state Subtitle D
Programs to issue such variances under specified conditions and
controls. It is anticipated that the primary demand for RD&D approvals
will be to operate MSW landfills as bioreactors, where bulk liquids and
liquid wastes are added in a controlled fashion into the waste mass to
accelerate or enhance biostabilization of the waste. Board staff is
aware of at least one new solid waste landfill bioreactor landfill
project on hold until such time that RD&D flexibility is available. At
least several other projects are in the initial planning stage.
- The Board approved staff’s action plan which prioritizes activities
for the next 18 months. Some of the goals include, decreasing the amount
of compostable materials disposed by 190,000 tons to get additional
diversion by 2007, which would require a 7% growth rate in the compost
industry; and decreasing the amount of construction and demolition
waste/debris disposed by 644,000 tons by 2007.
- Subsequent to the approval of the Conversion Technology (CT) Report
to Legislature at the March 2005 meeting, the Board received a
considerable amount of stakeholder input about the CT Report and an
assertion that it does not meet the strict requirements of AB 2770. At
the April meeting, the Board reconsidered its previous action of the
March 2005 Board meeting regarding the Conversion Technology Report to
the Legislature and directed staff to amend the report to remove
anything not directly related to Assembly Bill 2770. The amended report
will be heard at the May 11, 2005 Board meeting in Anaheim for its
consideration. Assembly Bill 2770 (Matthews, Chapter 740, Statutes of
2001) required the Board to research, evaluate and submit a report to
the Legislature on new and emerging non-combustion thermal, chemical,
and biological technologies.
- The Board approved a resolution to work in partnership with the
Department Of Toxic Substances Control (DTSC) towards the remediation of
the BKK Landfill storm drain system. In October 2004, the BKK
Corporation (BKK) notified DTSC that for financial reasons, BKK would no
longer be able to perform all the required post-closure care of the
Class I landfill. Additionally, since January 2004, extreme storm
conditions have resulted in progressive failure of a large part of BKK’s
storm drainage system constructed mainly in the 1980’s. The system’s
progressive failure also adversely impacts the integrity of the final
cover system, an important element in controlling infiltration of
precipitation into the waste and landfill gas surface emissions. DTSC
indicated last week that it has obtained General Fund money to cover the
estimated $3.78 million repair job. DTSC intends to seek reimbursement
for all of its costs and has pursued enforcement action against parties
responsible for care of the Class I landfill and the overall facility.
DTSC expects these parties to assume their legal obligations for short
and long term care of the entire facility.
The next Board meeting will be on May 11, 2005 in Anaheim. The P&E
Committee will meet on Monday May 2, 2005 at 10 a.m. in Sacramento.
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/Broadcast/ or select
"Broadcasts" in the upper right corner of the electronic meeting agenda.
April 19, 2005 Board Meeting: Permitting
and Enforcement and Other Agenda Items
All agenda items may be accessed at: http://www.calrecycle.ca.gov/Archive/IWMBMtgDocs/
2. Discussion. Update on the Implementation Of SB 20/50 - the Electronic
Waste Recycling Act of 2003 (Oral Presentation)
12. Concurred - Consent. Consideration of a New Full Solid Waste
Facilities Permit (Transfer/Processing and Composting Material Handling
Facility) for the Mount Vernon Avenue Recycling and Composting Facility,
Kern County
13. Concurred - Consent. Consideration of a Revised Full Solid Waste
Facilities Permit (Disposal Facility) for the Benton Crossing Landfill, Mono
County
14. Concurred. Consideration of a Revised Full Solid Waste Facilities
Permit (Disposal Facility) for the Avenal Regional Landfill, Kings County
15. Committee Consensus. Consideration of the Grant Awards for the Farm
and Ranch Solid Waste Cleanup and Abatement Grant Program FY 2004/2005
16. Committee Consensus. Consideration of Approval of Landfill Closure
Loan Program Loans (Integrated Waste Management Account FY 2004/2005)
17. Discussion, Committee Only. Discussion of and Request for Direction
on the Board`s Role in Broader Local Enforcement Agency (LEA) and Facility
Operator Training
18. 15-Day Direction - Committee Only. Discussion and Request for
Rulemaking Direction on Noticing Revisions to the Proposed Regulations for
RCRA Subtitle D Program Research, Development, and Demonstration Permits for
an Additional Comment Period
26. Discussion. Consideration of Priority Activities for Next Eighteen
Months (Action Plans)
28. Discussion. Reconsideration of Conversion Technology Report to the
Legislature
29. Discussion. Consideration of a Resolution to Work in Partnership with
the Department of Toxic Substances Control Towards The Remediation of the
BKK Landfill Storm Drain System
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
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