Local Enforcement Agency Correspondence

March Board Meeting Summary

Date: March 29, 2007

To: All Local Enforcement Agencies

Board Meeting: March 13, 2007
Permitting and Compliance (P&C) Committee Meeting: March 5, 2007

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

1. Legislation Update: The Executive Director’s report included an update from the CIWMB legislative office. For this legislative session, approximately 3,200 bills have been introduced. Forty four are being tracked as “priority one” legislation by CIWMB. The proposed legislation includes diversion and solid waste management issues relating to greenhouse gas, e-waste, biofuels, solid waste conversion, increasing tipping fees, permit timelines and more.
2. P&C Committee Summary and Board Actions:

Reports: CIWMB staff, Todd Thalhammer, gave a fascinating update on the fire investigation he assisted with in Ohio. Todd, a nationally and internationally recognized waste fire expert, was sought by Ohio state and federal officials to assist with a landfill fire. The 258-acre landfill, one of the largest landfills in Ohio, had been producing foul odors for months and had abnormally high temperatures. It was releasing hydrogen gas and carbon monoxide, and had a 30-foot settlement area. Todd investigated the site, and concluded the landfill had two fires, a classic metal fire and a smoldering fire. The landfill had accepted aluminum dross and bag house dust waste, which reacted and created a self-sustaining metal fire. The metal fire caused a second fire in the municipal waste. This second fire was a smoldering fire. Todd gave recommendations to extinguish both fires. Note: Aluminum dross is prohibited from disposal in California’s class III landfills.

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

• Three solid waste facility permit (SWFP) items;

1. The Board concurred in three solid waste facility permits, two new SWFPs and one revised SWFP. All were on the consent agenda.

• Two requests for direction on rulemaking packages;

1. The Committee directed staff to begin the 45-day comment period on the proposed regulations for longer term postclosure maintenance and financial assurance demonstrations for landfills;
2. The Committee directed staff to conduct public workshops with stakeholders to begin developing revisions to the Board’s Rigid Plastic Packaging Container regulations.

• Three items on clean up projects under several of the Board’s programs;

1. The Board approved a grant under the Solid Waste Disposal and Codisposal Site Cleanup Program (AB 2136 Program) for $360,000 for the San Diego County Department of Parks and Recreation to clean up twenty-three illegal dumping sites in Otay Valley Regional Park.
2. The Board approved two new Board-managed cleanup projects under the Solid Waste Disposal and Codisposal Site Cleanup Program (AB 2136 Program). The Board allocated $40,000 to remediate the Indian Island Illegal Disposal Site in Humboldt County, which poses a threat to the environment on Indian Island and also to Humboldt Bay. The Board approved $1,000,000 to clean up the AuClair Dump Site which poses a significant threat not only to the residents of the Torres Martinez Reservation in Riverside County but also to neighboring communities. The proposed remediation of the AuClair Dump Site would be undertaken in partnership with USEPA’s Emergency Response Program.
3. The Board approved three Farm and Ranch Solid Waste Cleanup and Abatement grants totaling $210,566 for the third quarter of fiscal year 2006/07 for two sites in Solano County and one in San Diego County.

• One item on issuing a compliance order for failing to adequately implement diversion programs and not meeting diversion goals;

1. The Board issued a compliance order to the City of Downey for failing to adequately implement its diversion programs and not meeting diversion goals.

3. State/Local Illegal Dumping Enforcement Task Force Report (MS Word, 69 KB): The CIWMB Strategic Policy Development Committee heard a discussion of the Report of the State/Local Illegal Dumping Enforcement Task Force. The Task Force made six major findings and developed twenty-four recommendations that, if implemented, it believes would have a positive impact on illegal dumping prevention, abatement and enforcement activities. The staff report grouped the task force recommendations into four general categories, including Board technical assistance and coordination, legislative options for more enforcement authority, legislative options for funding of local programs, and recommendations that could be implemented locally without State assistance. The committee commented that the Board should take a leadership role to providing technical assistance and coordination to local jurisdictions and programs. The committee asked staff to work with other CIWMB offices to develop a work plan regarding the coordination and technical assistance function and to further evaluate legislative options (per the Board’s Strategic Directive on this issue).
4. Upcoming Events: also see LEA Training and Events Calendar 

• Dangerous Duo: Clandestine Drug Lab & Pesticide Hazard Training–March
• Tire Enforcement Grantee Round Tables–April
• Cal/EPA 2007 Environmental Cross Media Enforcement Symposium in Napa-5/29-6/1
• State Minimum Standards–June-August throughout the state
• LEA Round Tables-Feb/March, five meetings throughout the state
• Next LEA Conference in San Diego, Bahia Hotel-Oct 16, 17, 18.

The next Board meeting will be on April 17. The P&C Committee will meet on Monday, April 9 and the Strategic Policy Development Committee will meet on April 10, both at 10:00 a.m. A Special Board meeting will be held in Chico on April 19.

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.

March 13, 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. Compliance Order Issued. Consideration of the 2003/2004 Biennial Review Findings for the Source Reduction and Recycling Element; and Consideration of Issuance of a Compliance Order for the City of Downey, Los Angeles County (Committee Item B)

2. Concurred (Consent). Consideration of a Revised Full Solid Waste Facilities Permit (Disposal Facility) for the U.S.M.C. 29 Palms Disposal Facility, San Bernardino County (Committee Item C)

3. Concurred (Consent). Consideration of a New Full Solid Waste Facilities Permit (Transfer/Processing Facility) for Mid Valley Disposal Recycling and Transfer Station, Fresno County (Committee Item D)

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

5. Approved. Consideration of a Grant Award for the Solid Waste Disposal and Codisposal Site Cleanup Program (Solid Waste Disposal Trust Fund, FY 2006/07) (Committee Item F)

6. Approved. Consideration of New Projects for the Solid Waste Disposal and Codisposal Site Cleanup Program (Solid Waste Disposal Trust Fund, FY 2006/07) (Committee Item G)

7. Approved. 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 H)

8. 45-Day Comment Period. Discussion and Request for Rulemaking Direction to Notice for 45-Day Comment Period Proposed Regulations on Postclosure Maintenance and Financial Assurance Demonstrations for Landfills (Committee Item I)

9. Informal Process. Request for Rulemaking Direction Regarding Revisions to the Rigid Plastic Packaging Container Regulations (Committee Item J)

10. Develop Legislative Options. Discussion of the State/Local Illegal Dumping Enforcement Task Force Report (Committee Item A, Strategic Policy Committee)