California Department of Resources Recycling and Recovery (CalRecycle) 

January Board Meeting Summary

Date: February 7, 2008

To: All LEAs

This all LEA e-mail summarizing the January Board Meeting is being sent on behalf of the LEA Outreach Training Support Branch of the California Integrated Waste Management Board (CIWMB), and Ted Rauh, Director, Waste Compliance and Mitigation Program. Summaries of the previous Board meetings are available on the web.

Board Meeting: January 23, 2008
Permitting and Compliance (P&C) Committee Meeting: January 14, 2008
Strategic Policy Committee: January 16, 2008

January Meeting Action Summary:

Below are the actions by the Board and/or the Permitting & Compliance and Strategic Policy Development Committees on select agenda items which may be of interest to LEAs. For information on the specific agenda item, including attachments and resolutions as well as presentations, when provided, are available on the web.

Agenda items are listed by number below:

Permitting & Compliance

1. Concurred (Consent). Consideration of a Revised Full Solid Waste Facilities Permit for the Johnson Canyon Sanitary Landfill, Monterey County

2. Concurred (Consent). Consideration of Revised Full Solid Waste Facilities Permit (Disposal Facility) for the Paso Robles Landfill, San Luis Obispo County

3. Concurred (Consent). Consideration of a New Full Solid Waste Facilities Permit (Transfer/Processing Facility/CDI Processing Facility) for The Z Best Grinding Inc., Riverside County

4. Concurred (Consent). Consideration of a New Full Solid Waste Facilities Permit (Compostable Materials Handling Facility) for the Coachella Valley Composting Facility, Riverside County

5. Concurred (Consent). Consideration of a New Full Solid Waste Facilities Permit (Compostable Materials Handling Facility) for Modesto Co-Compost Facility, Stanislaus County

6. Imposed Penalties. Public Hearing and Consideration of the Imposition of Penalties Against the City of Cerritos, Los Angeles County, Pursuant to Compliance Order IWMA BR07-02 (Public Resources Code Section 41850)

Note: The Board determined that the City of Cerritos failed to comply with the Board’s Compliance Order No. IWMA BR07-02 and failed to make a good faith effort to implement its Source Reduction and Recycling Element. Accordingly, the Board imposed penalties in the following amounts pursuant to Public Resources Code Section 41850:

The Board imposed a one-time penalty amount of $82,800 for failure to meet the terms of the Compliance Order. This penalty was calculated using the penalty amount of $3,600 per day from the first date after the Compliance Order’s deadline for full LAP implementation, January 1, 2008, through the date of the hearing, January 23, 2008.

Secondly, the Board decided to impose an additional potential daily penalty amount of $3,600 per day from the date of the hearing, January 23, 2008, until March 31, 2008, but if the City fully implements all of its LAP tasks by March 31, 2008, this second amount will be waived.

Thirdly, to ensure continued full program implementation, the Board may impose an additional penalty amount of $3,600 per day after March 31, 2008, if the City fails to fully implement or to continue to implement its LAP tasks through March 31, 2009.

7. Approved (Consent). Consideration of the Completion of Compliance Order IWMA BR02-01 for the City of Fortuna, Humboldt County

8. Adopted. Consideration of Adoption of Emergency Regulations for the Issuance of Temporary Solid Waste Facilities Permits for Solid Waste Transfer or Processing Stations and Composting Facilities Pursuant to AB 1473, Statutes of 2007

Note: Assembly Bill (AB) 1473 (Chapter 547, Section 44001.2) directed the Board to adopt emergency regulations that would authorize an enforcement agency, upon the Board’s concurrence, to issue a temporary solid waste facilities permit to a person operating a solid waste transfer or processing station (example: a recycling facility exceeding 10 percent residuals) or a composting facility, which, as of January 1, 2008, was required under the Integrated Waste Management Act to have a solid waste facilities permit, but for which a permit has not been obtained.

The proposed emergency regulations include the following:

  • A separate Article regarding temporary solid waste facilities permit;
  • The intent and application of the regulations;
  • An application process that is generally similar to the Registration and Standardized solid waste facilities permit; and
  • The effective date and sunset date of the regulations.

Timeline

  • Reg package to be filed with the OAL on or before March 1, 2008
  • Applications to be filed within 60 days from the effective date of the regulations
  • Regulations to become inoperative on July 1, 2010, and to be repealed as of January 1, 2011

Strategic Policy Development

10. Discussion. Discussion of Board Governance Policies BL 1-4 And 11

Note: The Board Governance Policies set forth the Board’s internal processes and roles, including defining the relationship between the Board and the Executive Director and the staff.

11. Update to Board on Implementation of Strategic Directive 11-Public Outreach and Environmental Education

Note: The agenda item includes a list of key accomplishments and on-going activities to achieve the goals in these Strategic Directives.

12. Adopted. Consideration of Revisions to the Extended Producer Responsibility Framework and Request for Direction on Next Steps

Note: The Board adopted the revised Framework as an overall policy priority to guide proposals to seek statutory authority and directed staff to research, analyze, and solicit input on issues such as ensuring a level playing field for product imports and other provisions of product stewardship plans that would be included in regulations developed pursuant to any Extended Producer Responsibility legislation, and hold an educational workshop to demonstrate the practical implementation of existing Extended Producer Responsibility programs.

13. Approved (Consent). Consideration of Annual Rulemaking Calendar

Market Development and Sustainability

18. Discussion. Discussion of the Continuing Implementation of the Covered Electronic Waste Recycling Program

Note: Since its inception in January 2005, the program has fielded payment claims totaling over $165 million, representing the handling and recycling of approximately 340 million pounds of covered electronic waste (CEW). At the current pace of program growth, payment claim demands will exceed revenue and the existing fund balance. Additionally, the February 17, 2009 deadline for the complete transition from current analog over-the-air (OTA) television broadcast to new digital television (DTV) standards could result in a significant number of older televisions being viewed as obsolete and replaced. The Board has the authority to make adjustments to fees and payment rates and will be examining what adjustments are needed.

Upcoming Events

Also see LEA Training and Events Calendar

LEA Round Tables

  • Southern and South Western, Palm Desert-February 5
  • Northern RT, Redding-February 7

LEA/Operator Training

Universal, Electronic and Radioactive Waste

  • San Diego-March 19
  • Sacramento-April 9
  • Burbank-April 23
  • Alameda-April 30

Enforcement Symposium, Long Beach-May 27-30

11th LEA/CIWMB Conference, Napa-November 4-6

The next Board Meeting will be on February 20 in Sacramento and will start at 1:30 PM.
The P&C Committee will meet on Monday, February 11.

Please note: Past emails and other correspondence are retained for historical purposes. Over time, some information and links on these pages may become dated and/or inaccurate.

Date Released: January 19, 2008
LEA Correspondence, http://www.calrecycle.ca.gov/LEA/Mail/
Melissa Hoover-Hartwick: Melissa.Hoover-Hartwick@calrecycle.ca.gov (916) 341-6813