California Department of Resources Recycling and Recovery (CalRecycle) 

July 2008 Board Meeting Summary

Date: July 31, 2008

To: All Local Enforcement Agencies

Board Meeting: July 22, 2008
Permitting and Compliance (P&C) Committee Meeting: July 14, 2008
Strategic Policy Committee Meeting: July 15, 2008

July Meeting Action Summary

Agenda items are listed by agenda number below:

Actions Taken by the California Integrated Waste Management Board in July 2008 of Interest to Local Enforcement Agencies
Agenda Item Number Agenda Item Board Action Notes
1 Consideration of Revised Permit (Transfer/Processing Facility): Yuba-Sutter Disposal, Inc., Integrated Waste Recovery Facility Concurred (Consent) Located in Yuba County
2 Consideration of New Permit (Compostable Materials Handling Facility): Feather River Organics Concurred (Consent) Located in Yuba County
3 Designation Approval and Certification of the Sunshine Canyon Landfill Local Enforcement Agency as the Local Enforcement Agency for Sunshine Canyon City/County Landfill Approved (Consent) The Board approved the temporary certification of the new LEA for the Sunshine Canyon Landfill (SCL). The City and County of Los Angeles local governing bodies formed and designated a single LEA to regulate the combined City/County Sunshine Canyon Landfill. The enforcement agency duties which the Board had to assume for processing the permit, and overseeing its operation have been transferred to the new SCL-LEA.
5 Calculations Relative to Waste Tire Counts, Including Tire Shreds, Chips, and Bagged Product, at Waste Tire Storage Sites Heard in Committee Only. Discussion Item The Board heard a discussion of accounting for products derived from waste tires at permitted and unpermitted waste tire storage facilities. The discussion emphasized that a waste tire includes shreds over inch in size.
6 Scoring Criteria and Evaluation Process for the Solid Waste Disposal and Codisposal Site Cleanup Grant Programs Approved (Consent) No major changes were made to the scoring criteria except that the Board approved a slight change in the number of evaluation cycles per year, from four to three cycles to reduce staff workload while maintaining the level of service to potential applicants based on past experience. Proposed cycle deadlines for applications to be submitted are September 15, December 15, and March 15. The scoring criteria remains the same.
7 Scope of Work and Contractor for Remediation of Former Large Scale Marijuana Crop Sites on Public Lands Pursuant to the Solid Waste Disposal and Codisposal Site Cleanup Program Approved (Committee Consensus) The Board approved a scope of work and the execution of an Interagency Agreement with Department of Fish and Game to develop a pilot program to work with outside law enforcement agencies to conduct environmental remediation at former large scale marijuana crop sites throughout California. The Interagency Agreement expires in May 2010, unless extended, and is for a "not to exceed" amount of $250,000.
8 Report on the Status of the Remediation of the Sonoma County Waste Tire Sites and Consideration of Whether the Maffia Trust Waste Tire Site Meets the Criteria for Negotiated Remediation Approved The Board approved a negotiated cost recovery arrangement for the Maffia Trust Waste Tire Site. There are eight other similar sites referred to as the Sonoma County waste tire sites which had constituted the largest known remaining non-permitted waste tire stockpiles in the state. Enforcement at these sites is complicated by the landowner’s claims that placement of tires was at the recommendation of Soil Conservation Districts as erosion control, a "beneficial reuse" of the tires. By 2006, an estimated 14,000 tons of waste tires and related materials (soil and debris commingled with the tires) were removed from five of the eight sites, representing approximately 90 percent of the total tires and related materials estimated to be collectively present at the eight sites. The Board heard an update on the status of remediation of two of the remaining three sites, the Infineon and Flochinni sites (the Ahlgrim site will be addressed separately).
13 Presentation of and Request for Direction on the Results of tThe Landfill Gas Monitoring Well Functionality Study Heard in Strategic Policy Committee Only-Discussion and Direction Item SCS Engineers was contracted to assess the functionality of 200 landfill gas perimeter monitoring probes at 20 landfills throughout California. Landfill monitoring wells used in the study were ones that had deep probes and had been installed approximately ten years prior the start of the study. The study determined that over 30 percent of the sampled probes were nonfunctional. The Board directed staff to initiate the informal rule-making process to modify existing disposal site gas monitoring and control regulation CCR Title 27 Section 20925 to provide additional requirements for landfill gas monitoring probe design, construction and periodic functionality assessment.
14 Discussion and Request for Additional Direction on Long-Term Postclosure Maintenance and Corrective Action Financial Assurances (FA) for Landfills Discussion and Direction Item The Board directed staff to move forward with Option II, with the assumption that the current pooled fund legislation would pass and be signed by the Governor (AB 2866). Highlights of Option II individual FA combined with pooled fund, include:
  • 30X draw-down to 15X, step-down to rolling 5X based on performance.
  • Pooled fund as backstop for defaults.
  • Defaults-Exposure to State covered by Fund=$96-204M over 100 years.
  • Address divestiture defaults by 15X for buyer with step-down option.
  • If AB 2866 fails to pass or is not signed by Governor, return to the Board for further consideration and direction regarding adding a contingency to the postclosure maintenance estimate or changing the 30X draw-down to 15X to a step-down process based on performance criteria.

Next Steps are:

  • Aug 4-Informal Rulemaking Workshop
  • Aug 6-Informal Rulemaking Workshop (if necessary)
  • Aug 11-Request for Rulemaking Direction
15 Update on Compliance Rates as They Relate to Strategic Directives (SD) 4 And 8 Heard in Strategic Policy Committee Only-Discussion Item Landfill Compliance SD 4.1 and 4.3 as compared to July 2007:
  • 38 percent decrease in enforcement orders.
  • 33 percent decrease in facilities listed on inventory.

SD 4.2 Final Plans:

  • As of May ‘08, 141 final plans approved.
  • 5 closure certifications accepted.
  • As of May ‘08, 112 landfills certified closed and in postclosure maintenance.

SD 8.3 Non-Landfill Facility Compliance:

  • 95 percent decrease in facilities on inventory.
  • 60 percent decrease in facilities w/enforcement orders.

SD 8.8  Enhanced Audits/Field Investigations:

  • 2 percent facility auditing goal will be met.

Upcoming Events

See the LEA Training Calendar and Board Events Calendar

This all LEA e-mail summarizing Board actions at this month’'s Board Meeting was 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.

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: July 31, 2008
LEA Correspondence, http://www.calrecycle.ca.gov/LEA/Mail/
Melissa Hoover-Hartwick: Melissa.Hoover-Hartwick@calrecycle.ca.gov (916) 341-6813