Local Enforcement Agency Correspondence

January Board Meeting Summary

Date: January 26, 2007

To: All Local Enforcement Agencies

Board Meeting: January 17, 2007
Permitting and Enforcement (P&E) Committee Meeting: January 8, 2007

Summary of the Executive Director’s (ED) Report-The ED report this month consisted of a presentation of the CIWMB accomplishments in 2006.

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

1. Changes to the Committees (MS Word, 307 KB): The Board has implemented a new committee structure. There are now two Committees of three members each, the Permitting & Compliance (P&C) Committee and the Sustainability Committee. A third committee of all the Board members, the Strategic Policy Development Committee, will address policy issues and applicability of newly adopted governance policies to Board issues. This month, the P&C committee heard one waste tire permit item and 3 items regarding compliance orders issued to jurisdictions not meeting AB 939 requirements.
2. Delegated Actions: In compliance with the Board’s new governance policy BL-9, a number of non-controversial decisions have been delegated to the Executive Director. These items are listed on a separate agenda for the Executive Director’s decision. On this month’s “Delegated Actions” agenda, there were 11 items total including:

• Three items for approval of five-year review reports of the countywide integrated waste management plan for three jurisdictions;
• One item for acceptance of the 2003/2004 biennial review findings for the source reduction and recycling element and household hazardous waste element for 12 jurisdictions at or above 50 percent diversion with adequate program implementation;
• Seven items for approval of a request To change the base year for various reasons for different jurisdictions.

Pursuant to PRC Section 40430, the Board may delegate its authority to the Executive Director. The California Integrated Waste Management Board Governance Policies document identifies actions eligible for delegation to the Executive Director.

After the date of action on the delegated action agenda, this agenda posted on the web will be updated to reflect the action taken by the Executive Director. The Executive Director may take the following actions:

• Approved-Action has been approved and the resolution signed.
• Partially Approved-A portion of the action has been approved and the remainder forwarded to the Board for their consideration. The resolution has been signed by the Executive Director and reflects those portions of the action that were approved and those that were forwarded to the Board.
• Forwarded-The Executive Director has forwarded the entire action to the Board for consideration.
• Pulled-The action is not under consideration at this time.

3. Rulemaking Calendar for 2007: The new Strategic Policy Development Committee approved the Board’s rulemaking calendar for 2007. The CIWMB and all other State agencies are required to prepare, by January 31 each year, a rulemaking calendar for that year. The CIWMB’s 2007 calendar has sixteen potential regulatory packages. Thirteen are carried over from last year and three new ones have been added. The new regulations packages are:

• Closure and postclosure maintenance cost estimates-AB 2296 (Montanez)
• Rigid Plastic Packaging Containers Revisions to improve clarity-SB 1344 (Chesbro)
• Research Mammalian Tissue Composting

4. New Board Member, Wesley Chesbro: On 1/5, the Senate Rules Committee appointed Wesley Chesbro to replace Cheryl Peace at the California Integrated Waste Management Board. He was sworn in immediately. Mr. Chesbro was an original member of the CIWMB in 1991. He served on the Board until 1998 when he was elected to represent the 2nd District in the California State Senate. There, he continued to promote environmental initiatives as a member of the Senate Environmental Quality Committee, although much of his time during the past few years was devoted to the state budget when he was appointed Chair of the Senate Budget and Fiscal Review Committee.
5. Wayne Fishback Appeal: The appeal of the Hearing Officer’s decision upholding the Ventura County LEA’s cease & desist order issued to Mr. Wayne Fishback was heard before the Board on 1/9. The appeal hearing was continued from December 6. The appellant’s issues include legality of the hearing officer as well as a determination regarding the burial of construction, demolition and inert debris on Mr. Fishback’s property in Ventura Co. The appeal of Mr. Fishback was denied and both the Hearing Officer’s decision and the LEA’s cease and desist order were upheld.
6. Upcoming Events: also see LEA Training and Events Calendar

• Planning for Informational Meetings–Two venues in February. Includes operators!
• Load Checking-Jan/Feb. Lots of venues. Includes operators!
• LEA Round Tables-Feb/March. Five meetings throughout the state
• Next LEA Conference in San Diego at the Bahia Hotel Oct 16, 17, 18.

The next Board meeting will be on February 13. The P&C Committee will meet on Monday, February 5 and the Strategic Policy Development Committee will meet on February 6, both at 10:00 a.m.

The 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.

January 17, 2007 Board Meeting: Permitting and Compliance and Other Agenda Items

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

1. Concurred (Consent). Consideration of the Renewal and Issuance of a Major Waste Tire Facility Permit for California Asbestos Monofill, Inc., Calaveras County (Committee Item B)

2. Order Completed (Consent). Consideration of the Completion of Compliance Order IWMA BR99-92 for the City of Baldwin Park, Los Angeles County (Committee Item C)

3. Order Completed (Consent). Consideration of the Completion of Compliance Order IWMA BR99-43 for the City of Compton, Los Angeles County (Committee Item D)

4. Order Completed (Consent). Consideration of the Completion of Compliance Order IWMA BR03-02 for the City of Gardena, Los Angeles County (Committee Item E)

5. Approved (Consent). Consideration of the 2007 Annual Rulemaking Calendar (Committee Item A)

6. Approved (Consent). Workshop on Board Governance Policies-Strategic Directives (Committee Item C)