Local Enforcement Agency Correspondence

June Board Meeting Summary

Date: June 27, 2006

To: All Local Enforcement Agencies

Board Meeting: June 13, 2006
Permitting and Enforcement (P&E) Committee Meeting: June 5, 2006

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

1. Proposed Permit Implementation Regulations: The 60-day comment period ended on June 6. A public hearing was held after the June P&E Committee meeting on June 5. The public hearing was well attended by LEAs, industry and other interested parties. There was much testimony received on defining “significant change” and the use of the decision tree for determining if a change qualifies as a report of facility information amendment or requires a modified or revised permit, if lists should be allowed for minor and significant changes, the level of noticing and public hearing requirements, and other issues. Staff is reviewing the comments and testimony received. The transcript of the public hearing will be posted as soon as it is available.
2. Illegal Dumping Enforcement Task Force: The Deputy Director reported that the task force met on May 24 to determine the priority ranking of the issues being discussed, including potential legislative, regulatory, and budgetary options to provide useful tools to jurisdictions to address illegal dumping. In the next several months, Ken Stuart, the CIWMB coordinator, will be working with the task force to get the survey distributed and completed, develop a draft report to be reviewed at the 3rd task force meeting in September, and return to the Board with the report and recommendations.
3. Permits: The Board concurred in two revised full solid waste facility permits. Both permits were on the consent calendar.
4. Farm & Ranch Grants: The Board approved three farm and ranch solid waste cleanup and abatement grant awards totaling $148,684 for Tulare, Sonoma, and Humboldt counties. This grant program provides funds for cleanup and prevention of illegally disposed materials on properties primarily zoned as farm and ranch land. These were the last grants for the fiscal year.
5. Scoring Criteria for Farm & Ranch Grants: The Board approved the modifications to the scoring criteria and evaluation process for the Farm and Ranch Solid Waste Cleanup and Abatement Grant Program. The approved modifications to the scoring criteria include the following.

• Make minor revisions to the general criteria definitions to allow for more definitive scoring;
• Allow applicants to self certify a recycled content purchasing policy is in place as opposed to requiring the submittal of the document with the application; and
• Add “current fiscal year” to the fourth program criteria. This change would give 7 priority points to those applicants who did not receive a farm and ranch solid waste cleanup and abatement grant in the previous or current fiscal year and will provide new applicants a small advantage in an effort to distribute funding to new areas.

6. Solid Waste Site Cleanup Program (AB 2136 Program): The Board approved two new grants to be issued under the Solid Waste Disposal and Codisposal Site Cleanup Program (AB 2136 program). Both grants are for sites with a prioritization category A1, which is a confirmed condition of pollution or nuisance from solid waste with significant residential, industrial, park, recreation, or environmentally sensitive areas within 1,000 feet.
   
   Project Information Summary

7. Contractor for the Assessment of Landfill Gas Monitoring Well Viability & Effects on Greenhouse Gas Emissions: The Board approved the contactor (SCS Engineers) for the assessment of landfill gas monitoring well viability and the effects on greenhouse gas (GHG) emission. This contract will provide critical field data to: 1) determine whether current monitoring systems are sufficient to protect public health and safety over the long-term from methane-related fire and explosions, and 2) assist the California Energy Commission in refining its models of GHG emissions from landfills. The results of this contract will guide future Board/Local Enforcement Agency (LEA) training and enforcement efforts, help to better target efforts to implement practices and technologies to reduce landfill gas emissions, and provide information that could be used directly by the Climate Action Team. This contract will be for a “not to exceed” amount of one hundred fifty-five thousand dollars.
8. Proposed Regulations for Modifying Existing Regulations for Temporary Waiver of Terms: The Committee directed staff to notice for 45-day comment period the proposed regulations modifying the existing temporary waiver of terms (and conditions of a permit) regulations. Since late 2001 when the temporary waiver of terms regulations first became operative, LEAs have issued a number of stipulated agreements containing specific permit changes and compliance timeframes in a wide range of circumstances. At the P&E Committee meeting, there was much discussion about what types of conditions constitute a “temporary emergency”. It is anticipated that the formal 45-day public comment period will begin in the Fall.
9. Avian Influenza (AI): The Deputy Director reported on the avian influenza (AI) preparations. CIWMB and Office of Environmental Health and Hazards Assessment (OEHHA) staffs are representing Cal/EPA on a multi-agency Avian Influenza Team and are planning the additional detection procedures for avian influenza in California. Other agencies include the California Department of Food and Agriculture, Department of Health Services, Fish and Game, Cal/OSHA, US Department of Agriculture, and Office of Emergency Services. The Avian Influenza Team is developing procedures to improve emergency response preparedness capabilities, including the possibility of the need to dispose or manage millions of dead domestic birds in case of a highly pathogenic AI outbreak in California poultry as a result of natural events or from a terrorist attack. The initial charge of the team is to prepare general guidance documents containing: 1) key public messages, 2) agency response activities, and 3) public health considerations/recommendations. The guidance would be rolled out in various forms including a hotline and a web site.
10. PR 410: Last year the South Coast Air Quality Management District (SCAQMD) proposed a prescriptive regulation to control odors at transfer stations and material recovery facilities, one that in most instances would require enclosure of existing and planned facilities. Since the proposed regulatory approach was not flexible enough to address site-specific differences, an alternative approach to voluntarily submit odor management plans to the LEA to enforce the design and operational aspects of the plans was proposed. The SCAQMD would be responsible for addressing community complaints. SCAQMD staff held a meeting on May 18 with stakeholders to discuss aspects of the alternative proposal. SCAQMD staff provided a status report to their Stationary Source Committee in early June, and will have additional meetings before taking any revised language to their governing board.

11. Upcoming events.

• Aug 1-3: 9th LEA/CIWMB Conference in Monterey
• Oct/Nov: Environmental Field Sampling
• Sept 19–22 and Nov 14-17: Cal/EPA Basic Inspector Academy

The next Board meeting will be on July 18, 2006, in Sacramento. The P&E Committee will meet on Monday, July 10, 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.

June 13, 2006 Board Meeting: Permitting and Enforcement and Other Agenda Items

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

1. Concurred. Consideration of a Revised Full Solid Waste Facilities Permit (Transfer/Processing Facility) for the Healdsburg Transfer Station, Sonoma County (Committee Item B)

2. Pulled. Consideration of a New Full Solid Waste Facilities Permit (Transfer/Processing Station) for Pena`s Disposal, Inc. Transfer Station And Material Recovery Facility, Tulare County )Committee Item C)

3. Concurred Consideration of a Revised Full Solid Waste Facilities Permit (Transfer Processing Station/Compostable Materials Handling Facility) for the Red Hill Transfer Station, Calaveras County (Committee Item D)

4. Approved. Consideration of the Grant Awards for the Farm and Ranch Solid Waste Cleanup and Abatement Grant Program (Farm And Ranch Cleanup Account, FY 2005/06) (Committee Item E)

5. Approved. Consideration of the Scoring Criteria and Evaluation Process for the Farm and Ranch Solid Waste Cleanup and Abatement Grant Program (Farm And Ranch Cleanup Account, FYs 2006/07 And 2007/08) (Committee Item F)

6. Approved. Consideration of the Grant Awards for the Solid Waste Disposal and Codisposal Site Cleanup Program (Solid Waste Disposal Trust Fund, FY 2005/06) (Committee Item G)

7. Approved. Consideration of Contractor for the Assessment of Landfill Gas Monitoring Well Viability and its Effect on Greenhouse Gas Emissions (Integrated Waste Management Account, FY 2005/06) (Committee Item H)

8. Committed Direction for 45-Day Comment Period. Discussion and Request for Rulemaking Direction to Notice for 45-Day Comment Period Proposed Regulations Modifying Existing Temporary Waiver of Terms Regulations (Committee Item I)