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Date: October 19, 2006
To: All Local Enforcement Agencies
Board Meeting: October 17, 2006
Permitting and Enforcement (P&E) Committee Meeting: October 10, 2006
Summary of the Board and P&E Committee Meetings on items of possible
interest to LEAs:
- Agenda Item 16. The Executive Director gave background
information on the pulled Item 16, Public Hearing, Determination of Good
Cause and Consideration of Direct Board Enforcement Action or Action
Regarding Local Enforcement Agency Performance in Connection with the
City Of Los Angeles Local Enforcement Agency’s Alleged Failure to Take
Appropriate Enforcement Action, that was removed from the agenda. The
purpose of the item was to enable the Board to consider what action, if
any, to take because the LEA did not issue a cease and desist order to
American Waste Industries (AWI) for operating a construction, demolition
and inert debris processing facility without a solid waste facility
permit, in violation of Public Resources Code Section 44002. Title 14 of
the California Code of Regulations, (CCR), Section 18350, lays out the
process by which the Board can take action if the LEA has not taken
appropriate enforcement action. The Executive Director stated that the
Item was pulled because the LEA did, in fact, issue the cease and desist
order. The Executive Director stated that staff is continuing to work
with the LEA and operator regarding the processing of a permit
application for AWI and suggested that this delay be addressed in the
LEA’s work plan required to be submitted as a result of a recent program
evaluation of the LEA.
Furthermore, if any LEAs have instances that fit the criteria in
14CCR 18350, i.e. the LEA has not taken appropriate enforcement action
at a site, then Board staff are expected to take the steps as outlined
in 14 CCR Section 18350 and bring the issue to the Board as was done
with the pulled Agenda Item 16.
- Permit Implementation
Regulations (AB 1497): The Board approved the adoption of the
proposed permit implementation regulations. There were two comment
periods, a 60-day and a 15-day comment period which closed on September
26. The proposed regulations make many appropriate changes, including
adding a decision tree process, through which the LEA determines how to
accommodate the changes proposed by the operator–through a Report of
Facility Information (RFI) amendment, a modified permit, or a revised
permit; "significant change in the design or operation of the solid
waste facility that is not authorized by the existing permit" is defined
by use of the decision tree and associated “change” lists in the
regulations. The regulations establish a modified permit process,
clarify permit review notification responsibility, establish public
hearings for new permits and noticing requirements for RFI amendments
and all permits, and clarify the relationship between the solid waste
facility permit and other permits, such as the land use permit, and
specify tracking of community outreach efforts, and conducting of
surprise and random inspections to the extent possible.
- Congratulations. The Executive Director announced that Mindy
Fox has accepted the position of Assistant Director of the Office of
Education and Environment. Mindy is a valuable asset and more great
things will be coming from that Office with Mindy there. Mindy will
begin transitioning to her new position over the next few weeks.
- Legislative Update:
A brief legislative update was presented to the Board. Fifteen of the
solid waste related bills of interest to the Board were signed into law
and five were vetoed.
- Permits: The Board concurred in the issuance of one full
solid waste facility permit, on the consent agenda. An agenda item was
pulled for another proposed permit for the Potrero Hills Landfill in
Solano County, but on October 10 the Permitting and Enforcement
Committee heard public testimony in Fairfield to facilitate the
community’s participation because of their tremendous interest expressed
in the proposed permit.
- Closed, Illegal
and Abandoned (CIA) Site Program: Glenn Young, CIA Section
Supervisor, accompanied by Tom White and Pete Oda from Los Angeles
County LEA, presented a timely and informative overview and update on
the Board’s existing CIA program and a case study in Los Angeles. Dawn
Owen of the CIWMB CIA Program was highly praised by the LEAs for her
dedication and expertise in working with LEAs to get sites identified
and remediated to remove potential and actual harm to public health,
safety and the environment.
- Education And The
Environment Model Curriculum: The ultimate goal of this project
is to bring the model curriculum to all 1,059 school districts and six
million students in California’s K-12 school system. National Geographic
has been contracted to develop materials. Mindy Fox, the new Assistant
Director of the Office of Education and the Environment will oversee
this effort.
- Board Governance
Policies: The Board adopted Board Governance Policies that set
forth the Board’s internal processes and roles, including defining the
relationship between the Board of Directors (Board) and the Executive
Director and the staff. The policies were developed through staff input
and series of open public meetings.
- Upcoming Events: also see LEA
Training and Events
Calendar
- Environmental Field Sampling in October/November
- Field Inspector Safety Training in October/November
- LEA Round Tables in October/November
- AB 59 Hearing November 6 after P&E Committee,
- Waste Tire Round Tables in October/November
- LEA Conference October 15-18, 2007 in San Diego
The next Board meeting will be on Wednesday, November 15 in Riverside and
the P&E Committee will meet on Monday November 6 at 10:00 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.
October 17, 2006 Board Meeting: Permitting
and Enforcement and Other Agenda Items
All agenda items may be accessed at: http://www.calrecycle.ca.gov/Archive/IWMBMtgDocs/
12. Presentation. Presentation and Discussion of the Closed, Illegal, and
Abandoned Site Program (Committee Item B)
13. Approved for Adoption. Consideration of the Adoption of the Proposed
Permit Implementation Regulations; or Request for Direction on Noticing
Revisions to the Proposed Regulations for a Second 15-Day Comment Period
(Committee Item C)
14. Concurred/Consent. Consideration of a New Full Solid Waste Facilities
Permit (Compostable Materials Handling Facility) for Goodyear Road Compost
Facility, Solano County (Committee Item D)
15. Pulled But Held Public Hearing to Collect Comments.
Consideration of a Revised Full Solid Waste Facilities Permit (Disposal
Facility) for Potrero Hills Landfill, Solano County (Committee Item E)
(Note: Public testimony was heard by the P&E Committee in Fairfield at the
Solano County Government Center on October 10 at 5:00pm)
16. Pulled. Public Hearing, Determination Of Good Cause And
Consideration Of Direct Board Enforcement Action Or Action Regarding Local
Enforcement Agency Performance In Connection With The City Of Los Angeles
Local Enforcement Agency`s Alleged Failure To Take Appropriate Enforcement
Action Respecting American Waste Industries, Inc. Facility No. 19-AR-5581
(Title 14, California Code Of Regulations, Section 18350 (a))
24. Approved. Consideration of Allocation and Scope of Work for
Curriculum Field and Pilot Testers for the Development of the Education and
the Environment Model Curriculum (Integrated Waste Management Account, FY
2006/07)
25. Approved. Consideration of Adoption of Board Governance Policies for
Governance Process and Board-Staff Linkage |
