Local Enforcement Agency Correspondence

February Board Meeting Summary

Date: February 17, 2006

To: All Local Enforcement Agencies

Board Meeting: February 14, 2006
Permitting and Enforcement (P&E) Committee Meeting: February 6, 2006

Summary of the Board and P&E Committee Meetings on items of possible interest to LEAs:

1. Two new Board Members, Margo Reid Brown and Jeffrey Danzinger, were sworn in. The Board elected Board Member Brown as the new Chair. Both are Governor Appointees, representing the public.
2. The Executive Director reported on an emergency waiver issued to the Redwood Landfill to accept an additional 150 tons per day of waste from January 6–20. The waste was generated during severe rainstorms in Marin and Sonoma Counties in January.
3. The P&E Deputy Director gave the P&E Committee an update on some of the Division’s many accomplishments in 2005 and provided updates on two action plans for Enforcement and Training and Emerging Technologies. The Deputy Director’s PowerPoint presentation may be viewed under “IV. Reports and Presentations, Permitting & Enforcement Deputy Director Report (PowerPoint 2000, 57 KB)”
4. The Board concurred in five full solid waste facility permits, four new permits and one revised permits. All were on the consent agenda.
5. There was a discussion (PowerPoint 2000, 57 KB) at the P&E Committee of various statutory issues relating to permitting and enforcement processes (see Item 24). Some of these issues were raised in the Bureau of State Audits 2000 Report on CIWMB authorities and policies. Questions also have arisen periodically about the 60-day timeframe for the Board to consider a proposed permit, the Board’s lack of authority to reject incomplete or incorrect permit applications, and the consistency and efficacy of local enforcement agency (LEA) and CIWMB enforcement actions. Recently, Cal/EPA’s Enforcement Initiative has raised the profile on enforcement issues. Many of the issues had been identified in Partnership workshops by LEAs and Board staff. The purpose of the discussion was to provide the Board with an initial description of the statutory issues to promote additional discussion.
6. The Board approved the funding of some of the Board’s priority activities from the Integrated Waste Management Account (IWMA). The proposals (Word 2000, 65 KB) include at least one relating to universal waste management.
7. The Board heard an appeal (see item 25) by the North Valley Coalition of Concerned Citizens of the decision of the Los Angeles County Solid Waste Facilities Hearing Board that the Los Angeles Co. LEA properly allowed the use of processed construction and demolition (C&D) wastes and materials as alternative daily cover. The North Valley Coalition of Concerned Citizens asserted that the C&D material was co-mingled with other waste types and did not meet the definition of C&D waste. The Board overturned the local hearing panel decision in 2 of the 3 parts of the appeal after hearing testimony and meeting in a closed session to deliberate the case.

8. Upcoming events:

• February 28-March 1 in Stockton-Landfill Post Closure Land Use Symposia
• March 7 in Sacramento, informal public workshop relating to CIWMB's draft regulations that would make narrowly focused revisions to the existing Temporary Waiver of Terms regulations found in California Code of Regulations, Title 14, Chapter 3, Article 3.5. The workshop starts at 1 pm.

The next Board meeting will be on March 14, 2006, in Sacramento. The P&E Committee will meet on Monday, March 6, at 10 a.m. in Sacramento.

The P&E Committee and Board meetings are 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.

February 14, 2006 Board Meeting: Permitting and Enforcement and Other Agenda Items

All agenda items may be accessed at: http://www.calrecycle.ca.gov/Archive/IWMBMtgDocs/

19. Consent. Consideration of a New Full Solid Waste Facilities Permit (Transfer/Processing Station) for the Golden Bear Waste Recycling Center, Contra Costa County. Committee Item B

20. Consent. Consideration of a New Full Solid Waste Facilities Permit (Compostable Materials Handling Facility) for the Lopez Agricultural Services Composting And Soil Blending Facility, Sacramento County. Committee Item C

21. Consent. Consideration of a New Full Solid Waste Facilities Permit (Transfer/Processing Station/Compostable Materials Handling Facility) for the County Of Mariposa Solid Waste Composting Facility, Mariposa County. Committee Item D

22. Consent. Consideration of a Revised Full Solid Waste Facilities Permit (Disposal Facility/Compostable Material Handling Facility) for the Palo Alto Refuse Disposal Site, Santa Clara County. Committee Item E

22. Consent. Consideration of a Revised Full Solid Waste Facilities Permit (Disposal Facility/Compostable Material Handling Facility) for the Palo Alto Refuse Disposal Site, Santa Clara County. Committee Item E

23. Consent. Consideration of a New Full Solid Waste Facilities Permit (Transfer/Processing Station) for the Sun Valley Paper Stock Material Recovery Facility and Transfer Station, City Of Los Angeles. Committee Item F

24. Discussion Only. Discussion of Statutory Issues Related to Permitting And Enforcement Processes. Committee Item G

25. Appeal Hearing. Consideration of Appeal by North Valley Coalition Seeking Board Review of Decision by Hearing Panel of Los Angeles County that the Los Angeles County Local Enforcement Agency Acted Properly in Authorizing the Use of Construction and Demolition Debris as Alternative Daily Cover at Sunshine Canyon Landfill

26. Approved. Consideration of Approval of Allocation Proposals to be Funded from the Integrated Waste Management Account for Fiscal Year 2005/2006