Local Enforcement Agency Correspondence

September Board Meeting Summary

Date: September 28, 2006

To: All Local Enforcement Agencies

Board Meeting: September 12, 2006
Permitting and Enforcement (P&E) Committee Meeting: September 5, 2006

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

1. Congratulations: The Board meeting was held in San Rafael. Board members congratulated Marin County for being one of the leading jurisdictions in recycling in California, and the Marin Sanitary Service in San Rafael for its state-of-the-art recycling technology and recycling of over 72 percent of all its waste. California now diverts 52 percent of the 76 million tons of municipal solid wastes it generates yearly. The official 52 percent statewide diversion rate meets the legislative mandate of AB 939 and places the state at the forefront of national efforts to reduce and recycle. By reducing the trash thrown away and recycling it or reusing it, California has created a mainstream industry of statewide importance comprised of 5,300 establishments. Recycling now accounts for 85,000 jobs, generates $4 billion in salaries and wages and produces $10 billion worth of goods and services annually.
2. Permit Implementation Regulations (AB 1497): The Committee directed staff to begin a 15-day comment period on the proposed permit implementation regulations. The comment period ran from September 11–26. The P & E Committee directed staff to notice the proposed text with the following changes from the proposed options in the agenda item: 1) Minor Changes: incorporate Option B which includes the list for minor changes, with slight language changes (“including but not limited to” in reference to items in the list); 2) Significant changes: incorporate Option B which includes the list for significant changes; 3) include staff recommendations for the noticing/hearing requirements; and 4) include staff recommendations regarding clarification of the relationship of solid waste facility permits to land use entitlements. The staff recommendations and Option B changes are available in the agenda item attachment (Word 2000, 325 KB) and have been incorporated into the proposed text (Adobe PDF, 94 KB) for 15-day comment.
3. Proposed Rule for Odor Control (PR 410): The Deputy Director reported that the adoption of this proposed rule by the South Coast Air Quality Management District (SCAQMD) is scheduled for October 6, 2006. Last year the SCAQMD proposed a prescriptive regulation to control odors at transfer stations and material recovery facilities (MRFs), one that in most instances would require enclosure of existing and planned facilities. P&E staff participated in the August 24 working group meeting and August 30 public consultation meeting held by the SCAQMD. Some industry members contend that a new rule is unnecessary. The CIWMB also has questioned the need for a new rule. However, if a new rule is to be adopted, the CIWMB has recognized that a preventive approach would be useful and the rule should be more flexible and site-specific than the prescriptive approach originally proposed by the SCAQMD. CIWMB staff has been working cooperatively with SCAQMD to craft draft language that allows the option of an “alternative odor management plan” compliance path, in which operators could voluntarily submit a plan to the LEA for approval and subsequent enforcement.
4. Permits: The Board concurred in the issuance of four full solid waste facility permits, three for revised permits and one for a new permit. On another permit, there was discussion on California Environmental Quality Act (CEQA) issues and it did not receive enough votes for concurrence or objection. According to PRC 44009, “If the Board fails to concur or object in writing within the 60-day period specified in paragraph (1), the Board shall be deemed to have concurred in the issuance of the permit as submitted to it.”
5. Process for Permit Issuance: A very informative overview (PowerPoint 2000, 158 KB) of the existing Board and LEA process for issuing solid waste facilities permits was presented to the full Board. There was discussion on the noticing and hearing requirements which will come back to the Board as part of the Permit Implementation Regulations (see #2 above) in October.

6. Funding Allocations: The Board approved the allocation of funds for seven proposed projects (Word 2000, 62 KB) necessary to implement on-going and key activities in support of the Board’s priority action plans and direction. The seven projects and amounts requested are as follows:

• Climate Change, Greenhouse Gas (GHG) Reductions, Allocation Request: $500,000
• Agricultural Compost Specifications, Allocation Request: $150,000
• Solid Waste to Biofuels Forum, Allocation Request: $50,000
• Production of Liquified Natural Gas from Landfill Gas and its Use in Municipal Vehicles, Allocation Request: $75,000
• Landfill-Based Anaerobic Digestion Compost Pilot Project, Allocation Request: $200,000
• Prison Industries Authority–Food Waste to Liquid Fertilizer Pilot Project, Allocation Request: $20,000
• Financial Assurance Mechanisms for Long-Term Corrective Action at Closed Solid Waste Landfills, Allocation Request: $300,000

7. Site Cleanup: The Board approved a new Board-managed project (Word 2000, 39 KB) pursuant to the Solid Waste Disposal and Codisposal Site Cleanup Program (AB 2136 Program). The table below provides general information on the project.

Project Information Summary.

Site	Site Priority	Board Funding Recommended	Funding Mechanism	Cost Recovery
Last Rubble Pile Disposal Site Fire Suppression	A1	$75,000	Board-Managed	Waiver

8. Upcoming events: also see LEA Training and Events Calendar

• Oct/Nov: Environmental Field Sampling
• Oct/Nov: Field Inspector Safety Training
• LEA Round Tables in October/November
• Waste Tire Round Tables in October/November

The next Board meeting will be on October 17 and the P&E Committee will meet on Tuesday October 10 at 10:00 a.m. in Sacramento (Monday is a state holiday). The P&E Committee also is scheduled to hear the Potrero Hills Landfill permit item on Tuesday, October 10, at 5:00 p.m. in the Solano County Government Building in Fairfield.

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.

September 12, 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 (Consent). Consideration of a Revised Full Solid Waste Facilities Permit (Transfer/Processing Facility) for the Marborg C&D Recycling and Transfer Facility, Santa Barbara County (Committee Item B)

2. No Majority Vote for Concurrence or Objection. Consideration of a Revised Full Solid Waste Facilities Permit (Disposal Facility) for the Victorville Sanitary Landfill, San Bernardino County (Committee Item C)

3. Pulled. Consideration of a New Full Solid Waste Facilities Permit (Compostable Materials Handling Facility) for Goodyear Road Composting Facility, Solano County (Committee Item D)

4. Concurred (Consent). Consideration of a Revised Full Solid Waste Facilities Permit (Disposal Facility) for the Sycamore Landfill, San Diego County (Committee Item E)

5. Concurred (Consent). Consideration of a New Full Solid Waste Facilities Permit (Large Volume Construction & Demolition/Inert Debris Processing Facility) for Looney Bins/East Valley Diversion, City Of Los Angeles (Committee Item F)

6. Withdrawn. Consideration of a New Full Solid Waste Facilities Permit (Large Volume Construction & Demolition/Inert Debris Processing Facility) for Looney Bins/Downtown Diversion, City Of Los Angeles (Committee Item G)

7. Concurred (Consent). Consideration of a Revised Full Solid Waste Facilities Permit (Transfer/Processing Station) for the Sacramento Recycling and Transfer Station, Sacramento County (Committee Item H)

8. Approved (Fiscal Consensus). Consideration of the Grant Awards for the Farm and Ranch Solid Waste Cleanup and Abatement Grant Program (Farm And Ranch Cleanup Account, FY 2006/07) (Committee Item I)

9. Direction for Additional 15-Day Comment Period. Discussion and Request for Rulemaking Direction to Provide an Additional 15-Day Comment Period for Revisions to the Proposed Permit Implementation Regulations (Committee Item J)

10. Discussion. Overview of Existing Board and LEA Process for Issuing Solid Waste Facilities Permits (Committee Item K)

22. Approved. Consideration of Allocation Proposals to be Funded from the Integrated Waste Management Account for Fiscal Year 2006/07

23. Approved. Consideration of Approval of First Phase of Remediation Project at the Last Rubble Pile Disposal Site Under the Solid Waste Disposal and Codisposal Site Cleanup Program (Solid Waste Trust Fund, FY 2006/07)