Local Enforcement Agency Correspondence

June Board Meeting Summary

Date: June 25, 2007

To: All Local Enforcement Agencies

Board Meeting: June 12, 2007
Permitting and Compliance (P&C) Committee Meeting: June 4, 2007

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

1. Congratulations on Diverting Waste from Landfills: The Board's Chair gave congratulations and reported that the statewide diversion rate estimate for 2006 is 54 percent, 2 percentage points higher than the estimate for 2005 due to the combined diversion efforts of California residents, businesses and local governments and the CIWMB. The official 50 percent statewide diversion rate meets the legislatively imposed mandate and places the state at the forefront of national efforts to reduce and recycle our trash. For 2006, California generated over 92.2 million tons of solid municipal wastes, disposed of about 42.2 million tons and diverted an estimated 50.1 million tons. The 2006 diversion rate is calculated through a series of comprehensive standards used by the California Integrated Waste Management Board and reflects the impact of population and economic growth during the year.

2. P&C Committee Summary and Board Actions: This month, the P&C committee heard the following items, (the Committee's and/or Board's actions are below each item).

• Two solid waste facility permit items;

The Board concurred in two revised full solid waste facility permits. Both were on the consent agenda.

• One LEA designation and certification item:

The Board approved the Enforcement Program Plan (EPP), issuance of the requested certifications, and approval of the designation of the Sacramento County Environmental Management Department as the LEA for the County of Sacramento. The Sacramento County Local Enforcement Agency (LEA) recently changed its internal structure by moving the current LEA program (staff and budget) from the Environmental Health Division to the Hazardous Materials Division still within the County's Environmental Management Department. Since the previously Board-approved designation was at the division level of the department, a revision to the designation was required for the Department.

• Five items on grants under several of the Board's programs;

1. The Board approved the scoring criteria and evaluation process for grants under the Solid Waste Disposal and Codisposal Site Cleanup Program (Program) for fiscal year 2007/08. The scoring criteria are the same as for the previous two fiscal years.
2. The Board approved grants and partial grants under two grants programs under the Solid Waste Disposal and Codisposal Site Cleanup Program, the illegal disposal site cleanup grants and the solid waste disposal site cleanup partial grants, to the following public entities for the amounts indicated:

Sonoma County	$500,000
Fresno County	$750,000
San Diego County	$274,896
San Diego County	$750,000
City of Calexico	$345,000
City of San Jose	$750,000

3. The Board approved $1,600,000 for one new Board-managed project pursuant to the Solid Waste Disposal and Codisposal Site Cleanup Program (Program). The Neilsen Road Illegal Disposal Site in El Dorado County contains an estimated 65,000 cubic yards of debris.
4. The Board approved eight grants totaling $394,330 for the fourth quarter of fiscal year 2006/07 for the Farm and Ranch Solid Waste Cleanup and Abatement Grant Program to help clean up 11 rural properties from Shasta County to Kern County, that have been beleaguered with illegally dumped waste.
5. The Board awarded an additional Liquefied Natural Gas from Landfill Gas Demonstration Grant not to exceed $260,000, to Prometheus Energy Company. Increasing recovery of landfill methane is an integral part of the Board's responsibility for the Landfill Methane Capture Strategy under the Climate Action Team and Assembly Bill (AB) 32 (Nunez, Statutes of 2006, Chapter 488) implementation.

• Two LEA-related items on rulemaking direction:

1. The Board approved another 15-day comment period on the Temporary Waiver of Terms regulations which authorize Local Enforcement Agencies (LEAs) to issue a stipulated agreement to waive the terms and conditions of a solid waste facilities permit during a temporary emergency. The 15-day public comment period will run from June 14–29.
2. The Board adopted the emergency regulations which implement the At-Store Recycling Program established by Assembly Bill 2449 which requires all supermarkets and retail establishments of at least 10,000 square feet of retail space that have a licensed pharmacy to establish plastic shopping bag recycling programs by July 1, 2007. The Board also saw a presentation on Los Angeles' LA River Plastics initiative which provides their useful model for various implementation aspects of AB 2449.

• One item on a memorandum of understanding (MOU) with California Department of Toxic Substances Control (DTSC):

1. The Board approved a MOU between DTSC and CIWMB to clarify roles, responsibilities, that outlines how the agencies will work together in overseeing and investigating fraudulent claims in the Electronic Waste (E-Waste) Payment System. Both the CIWMB and DTSC have overlapping statutory authority for enforcement and the MOU takes advantage of the knowledge and synergy of both agencies when it comes to enforcement. In 2005 and 2006, a total of approximately $150 million dollars in fees was collected into the Electronic Waste Recovery and Recycling Account. For those same two years, the CIWMB has projected a total reimbursement of over $87 million to e-waste recyclers, representing over 182 million pounds in eligible CEWs. To date in 2007, the CIWMB has already paid nearly $4 million to E-Waste recyclers, representing nearly 8 million pounds of eligible CEWs.

• One item on Illegal Dumping Enforcement Task Force:

1. The Board heard a discussion of the CIWMB staff's current activities and status of implementation with respect to illegal dumping issues. Strategic Directive SD-8 requires evaluation by January 2008 of potential statutory and funding options to enhance local and regional capabilities to prevent and redress illegal dumping. Recent aerial surveillance along the New River and Alamo River Valleys in Imperial County under an interagency agreement with the California Highway Patrol identified 47 additional illegal dumping sites (tire only and mixed waste sites). A collaborative strategy for prevention, enforcement, and cleanup of the New River illegal dumping sites that could be applied to other areas in the State is being developed and will be brought back to the Board.

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

• 2007 LEA/CIWMB Conference: San Diego, Bahia Hotel, Oct. 16, 17, 18
• June-July, 2007
  New Standards for Treated Wood Waste Training (Adobe PDF, 27 KB)
  Various
• July 18-19, 2007
  State Minimum Standards Training Wait List Only
  Fairfield
• July 24-25, 2007
  State Minimum Standards Training
  Marysville
• July 25, 2007
  Eight-Hour Tier One Health and Safety Refresher
  Hanford
• July 31-Aug 1, 2007
  State Minimum Standards Training Wait List Only
  Sacramento
• August 8-9, 2007
  State Minimum Standards Training
  Redding
• August 15-16, 2007
  State Minimum Standards Training Wait List Only
  Riverside
• August 21, 2007
  Beginning Landfill Gas Training Workshop
  South San Francisco
• August 22-23, 2007
  State Minimum Standards Training
  Santa Ana
• August 23, 2007
  Beginning Landfill Gas Training Workshop
  Madera
• August 28-29, 2007
  State Minimum Standards Training
  San Diego
• September 19, 2007
  Beginning Landfill Gas Training Workshop
  Sacramento
• September 26, 2007
  Beginning Landfill Gas Training Workshop
  San Diego
• September 27, 2007
  Beginning Landfill Gas Training Workshop
  Ventura

The next Board meeting will be on July 17. The P&C Committee will meet on Monday, July 9 at 1:30 p.m. and the Strategic Policy Development Committee will meet on July 10, at 9 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.

June 12, 2007 Board Meeting: Permitting and Compliance and Other Agenda Items

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

3. Concurred (Consent). Consideration of a Revised Full Solid Waste Facilities Permit (Disposal Facility) for Oasis Sanitary Landfill, Riverside County (Committee Item B)

4. Pulled. Consideration of a Revised Full Solid Waste Facilities Permit (Disposal Facility) for the El Sobrante Landfill, Riverside County (Committee Item C)

5. Concurred (Consent). Consideration of a Revised Full Solid Waste Facilities Permit (Disposal Site) for the Vasco Road Landfill, Alameda County (Committee Item D)

6. Pulled. Consideration of a Revised Full Solid Waste Facilities Permit (Disposal Facility) for the Fink Road Landfill, Stanislaus County (Committee Item E)

7. Approved (Consent). Consideration of Designation Approval and Certification of the County of Sacramento Environmental Management Department as the Local Enforcement Agency for the County of Sacramento (Committee Item F)

8. Approved (Consent). Consideration of the Scoring and Evaluation Process for the Solid Waste Disposal and Codisposal Site Cleanup Grant Programs (Solid Waste Disposal Trust Fund, FY 2007/08) (Committee Item G)

9. Approved (Committee Consensus). Consideration of Grant Awards for the Solid Waste Disposal and Codisposal Site Cleanup Grant Programs (Solid Waste Disposal Trust Fund, FY 2006/07) (Committee Item H)

10. Approved (Committee Consensus). Consideration of a New Project for the Solid Waste Disposal and Codisposal Site Cleanup Program (Solid Waste Disposal Trust Fund, FY 2006/07) (Committee Item I)

11. Approved (Committee 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 J)

12. 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 Temporary Waiver Of Terms Regulations (Committee Item K)

13. Presentation & Discussion. Oral Presentation Regarding Available Tools and Models for Jurisdictions` Implementation of AB 2449 (Committee Item L)

14. Adopted Emergency Regulations. Consideration of Adoption of Emergency Regulations to Implement Statewide Recordkeeping and Reporting Requirements for At-Store Recycling Programs Implemented Under AB 2449 (Chapter 845, Statutes Of 2006) (Committee Item M)

15. Approved (Consent). Consideration of a Memorandum of Understanding Between the California Integrated Waste Management Board and the California Department of Toxic Substances Control Regarding Enforcement Against Fraud in the Electronic Waste Payment System (Committee Item N)

16. Approved (Committee Consensus). Consideration of Allocation and an Additional Award for the Liquefied Natural Gas from Landfill Gas Demonstration Grant Program (Integrated Waste Management Account, FY 2006/07) (Committee Item O)

17. Discussion (Committee Only). Discussion of Strategic Directive SD-8, Implementation of Illegal Dumping Enforcement Task Force Recommendations, and Status of Follow-Up Actions Concerning Recent Illegal Dumping Site Discoveries in Imperial County (Committee Item P)

18. Approved (Consent). Consideration of Requests by Glad Manufacturing; Medical Action Industries Inc.; Pactiv Corporation; Poly-America LP; and Trinity Packaging Corp for Exemptions from Compliance with Postconsumer Material Content Requirements of the Plastic Trash Bag Law for the 2006 Certification Period (Committee Item Q)