Local Enforcement Agency Correspondence

November Board Meeting Summary

Date: November 21, 2006

To: All Local Enforcement Agencies

Board Meeting: November 15, 2006
Permitting and Enforcement (P&E) Committee Meeting: November 6, 2006

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

1. Board Member Congratulations: The Board members and staff congratulated Board Member Pat Wiggins on her recent election victory. On November 7, Ms. Wiggins was elected to the State Senate representing District Two.
2. Temporary Wavier of Terms and Conditions: The Executive Director reported that the Orange County LEA issued a temporary stipulated agreement for a waiver to exceed daily tonnage and indicated that he was in the process of evaluating the waiver. The LEA issued the waiver to handle the sudden increased inflow when extra waste was finally collected after it had accumulated during a recent labor strike. While current regulations do not allow a temporary waiver to be issued due to a labor strike, the LEA cited public health and safety concerns as the basis for issuance. This issue is being addressed as part of proposed changes to the regulations (in CCR Title 14, Article 3.5), which will soon enter the formal comment period. The Orange County LEA commented that the regulations should allow flexibility for LEAs to issue temporary stipulated agreements when a situation has caused a potential threat to public health and safety and/or the environment.
3. Postclosure Maintenance and Financial Assurances Beyond 30 Years: The Board approved a scope of work to study long-term postclosure maintenance and corrective actions for active and closed landfills beyond 30 years. The study will assess the pros and cons of various options, including, but not limited to: 1) a statewide requirement that all operators contribute to a pooled fund to provide for the longer-term postclosure maintenance (PCM) and/or known or reasonably foreseeable corrective action (CA) faced at active and closed facilities, and 2) a statewide requirement that all operators purchase insurance coverage for any PCM and CA costs faced at the facility that are not already identified and otherwise insured to the State. The study will also identify additional financial assurance (FA) demonstrations (i.e., financial mechanisms) that might provide equivalent or better assurance and develop a methodology that CIWMB staff might be able to use to evaluate an individual landfill’s risk (high, medium, or low) when determining corrective action financial assurances coverage levels. A request for proposals to implement the scope of work will be issued around the turn of the year, with the award of the contract anticipated in April. After the study is completed, staff will return to the Board with further recommendations.
4. Permits: The Board concurred in the issuance of three revised and one new, full solid waste facility permits. The P&E Committee engaged in discussions on whether the solid waste facility permit should include traffic limitations/number of vehicles, or whether other governing documents (as in the CEQA documents or local use permits) would suffice as the sole mechanism to limit traffic.
5. Anaerobic Digestion Project: The Board approved funding for an anaerobic digester project at the Yolo County Landfill to produce electricity and compost. A lined cell will be constructed and loaded with clean, source-separated organic material. Water will be added and recirculated to adjust moisture content and optimize the digestion of the material and production of methane and carbon dioxide, which will be collected for the purpose of generating electricity on site. After the digestion is complete the cell contents will be excavated, cured and used as compost. Testing will be conducted to ensure the compost meets applicable standards for on-site use as landfill final cover vegetative soil layer and off-site use as an agricultural or horticultural soil amendment. This demonstration project will help determine the viability of this new technology as part of a solution to California’s continuing efforts to divert and manage organic materials.
6. Solid Waste Cleanup (Word 2000, 70 KB): The Board approved $1.75 million in funding for the Board-managed clean up of the Ibanez Illegal Disposal Site under the Solid Waste Disposal and Codisposal Site Cleanup Program (AB 2136). The Ibanez Illegal Disposal Site (IDS) poses a significant threat not only to the residents of the Torres Martinez Reservation, but also to the neighboring communities.
7. Environmental Justice (Word 2000, 96 KB): The Board approved several proposed activities to enhance the Board’s efforts under environmental justice over the next one to three years. The action areas include: 1) Conduct training for LEAs, CIWMB staff, and operators regarding noticing requirements; 2) Permit-related information on CIWMB website; 3) Guidance on the permitting process in relation to local siting and land-use planning; 4) Illegal dumping prevention and enforcement; 5) CIWMB participation in AB 1497 meetings; 6) Website utility; and 7) Public outreach.
8. Upcoming Events: also see LEA Training and Events Calendar

• Nov 27-28: Environmental Field Sampling in Riverside
• Nov 27: Workshop for Proposed Regulations on Cost Estimates for Postclosure Maintenance and Corrective Action, and FA Demonstrations
• Nov 30: Electronic Waste Regulation Workshop
• Jan-March: Load Checking Training, 8 venues throughout the state
• LEA Conference October 15-18 2007 in San Diego

Due to the holidays, the next Board meeting will be on Thursday December 7 in Sacramento and the P&E Committee will meet on Monday, December 4 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.

November 15, 2006 Board Meeting: Permitting and Enforcement and Other Agenda Items

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

10. Approved/Consent. Consideration of Scope of Work for the Study to Identify Potential Long-Term Threats and Financial Assurance Mechanisms for Long-Term Postclosure Maintenance and Corrective Action at Solid Waste Landfills (Integrated Waste Management Account, FY 2006/07-Committee Item B

11. Approved/Committee Consensus Support. Consideration of Scope of Work and Contractor for the Landfill-Based Anaerobic Digestion Compost Pilot Project Contract (Integrated Waste Management Account, FY 2006/07)-Committee Item C

12. Approved/Committee Consensus Support. Consideration of New Projects for the Solid Waste Disposal and Codisposal Site Cleanup Program (Solid Waste Disposal Trust Fund, FY 2006/07)-Committee Item D

13. Concurred/Consent. Consideration of a Revised Full Solid Waste Facilities Permit (Transfer/Processing Facility) for Athens Services, Los Angeles County-Committee Item E

14. Concurred/Consent. Consideration of a Revised Full Solid Waste Facilities Permit (Transfer/Processing Facility) for the Green Waste Recovery Facility, Santa Clara County-Committee Item F

15. Concurred/Consent. Consideration of a Revised Full Solid Waste Facilities Permit (Transfer/Processing Facility) for the Heap's Peak Transfer Station, San Bernardino County-Committee Item G

16. Concurred. Consideration of a New Full Solid Waste Facilities Permit (Disposal Facility) for Chemical Waste Management, Inc., Kettleman Hills Facility, (Municipal Solid Waste Landfill B-17), Kings County-Committee Item H

17. Pulled. Consideration of a Revised Full Solid Waste Facilities Permit (Disposal Facility) for Potrero Hills Landfill, Solano County-Committee Item I

18. Approved. Consideration of the Board's Future Environmental Justice Actions