California Department of Resources Recycling and Recovery (CalRecycle) 

August 2009 Board Meeting Summary

Date: August 25, 2009

To: All Local Enforcement Agencies

Board Meeting: August 18, 2009
Permitting and Compliance (P&C) Committee Meeting: August 10, 2009
Strategic Policy Committee Meeting: August 11, 2009
Market Development and Sustainability Committee Meeting: August 12, 2009

August Meeting Action Summary

Agenda items are listed by agenda number below:

Actions Taken by the California Integrated Waste Management Board in August 2009 of Interest to Local Enforcement Agencies
Agenda Item Number Agenda Item Board Action Notes
1 Disposal Facility: Revised Full Solid Waste Facilities Permit for the El Sobrante Landfill Concurred (Consent) Located in San Bernardino County
2 Transfer/Processing Facility: Revised Full Solid Waste Facilities Permit for the Greenwaste Recovery Facility Concurred (Consent) Located in San Jose
3 Completion Of Compliance Order IWMA BR07-01 for the City of Paramount, Los Angeles County Concurred (Consent) The City of Paramount successfully completed all requirements stipulated in Compliance Order IWMA BR07-01 and the new three-bin collection program has attained 75% - 90% participation. The Board found that the City of Paramount completed Compliance Order IWMA BR07-01 and is no longer subject to potential administrative penalties relative to this Compliance Order.
4 Completion Of Compliance Order IWMA BR07-02 for the City of Cerritos, Los Angeles County Concurred (Consent) The City of Cerritos completed all requirements stipulated in Compliance Order IWMA BR07-02 and the city’s residential, commercial, and construction and demolition programs are effective. The Board found that the City of Cerritos completed Compliance Order IWMA BR07-02 and is no longer subject to potential administrative penalties relative to this Compliance Order.
5 Completion Of Compliance Order IWMA BR07-06 for the City of Daly City, San Mateo County Concurred (Consent) The City of Daly City successfully completed all requirements stipulated in Compliance Order IWMA BR07-06 and implemented a weekly curbside program. The City’s reporting was accomplished through both the quarterly reports, required by the Compliance Order, and their 2007 annual report. Board staff has conducted several site visits to the City to verify program implementation, including the most recent site visit conducted on May 12, 2009
7 Scoring Criteria and Evaluation Process for Master Grant Agreements for the Farm and Ranch Solid Waste Cleanup and Abatement Grant Program (Farm and Ranch Cleanup Account, FY 2009/10) Approved Given the underutilization of the Farm and Ranch Solid Waste Cleanup and Abatement Grant Program (Program), the Board directed staff to expand the Master Agreement Grants option to other potential applicants to be considered during the last cycle of the fiscal year if funds are available. The Master Grant Agreement benefits applicants that have a process for identifying and investigating illegal dumping in their jurisdictions but do not have all of the required application information at the time the applications are due.
8 Rulemaking Direction On Noticing Revisions To The Proposed (Phase II) Regulations On Long-Term Postclosure Maintenance, Corrective Action And Financial Assurances For An Additional Comment Period Adopted The Board directed the release of revised “financial assurance” regulations for additional public comment. These regulations are the first of their kind nationally and will, when adopted, insure that landfill owners and operators set aside adequate financial resources to assure that Californians will not be forced to pay for the costs of fixing environmental problems at any of California’s 286 landfills either during their operation or after they are closed. The next steps for the proposed regulations are informational briefings during the 45-day public comment period followed by a public hearing. The Board may adopt the regulations or provide further direction and an additional comment period. The Board plans to adopt a final set of regulations in December 2009.
9 Allocation Proposals to be Funded from the Integrated Waste Management Account for Fiscal Year 2009/10 Approved $250,000 was allocated for a Statewide Program Environmental Impact Report for Anaerobic Digestion Facilities. $33,000 was allocated for the Investigation of the Potential for Ozone Formation Resulting from Compost Facility Emissions.
10 Local Waste Tire Enforcement Grant Program Criteria (Tire Recycling Management Fund, FYs 2009/10 and 2010/11) Approved This Grant Program provides non-competitive funding to city, county, or city and county, applicants for the enforcement of waste and used tire regulations. Grantees have spent an average of 60% of awarded funds during the past 5 completed grant cycles. Changes to criteria are designed to provide that full grants are spent and inspections take place more efficiently and include clarification of applicant eligibility; inspection time changed to actual time needed for sites with greater than 500 tires and average of four hours for all other sites, or an average of four hours if the grantee does not choose to do additional timekeeping for auditing purposes; and keep current grant award criteria dealing with underutilization of the grant without change, however require re-applying grantees to explain why they didn’t spend entire grant and take this information into consideration in determining grants in the event the program becomes oversubscribed; finally, staff work with grantees to identify flexibility in shifting funds for budget revisions.
11 Request for Direction on Potential Activities Related to San Diego State University's Report on the Flow of Used and Waste Tires in the California Mexico Border Region Discussion In an effort to determine the extent of legal and illegal waste tire flow across the Mexico-California border the Board contracted with Institute for Regional Studies of the Californias at San Diego State University Research Foundation, to investigate and report. The recently completed study, “The Flow of Used and Waste Tires in the California-Mexico Border Region” (Report) includes a series of policy options for California to consider related to the cross-border flow of used and waste tires and the shared California-Baja California problems resulting from this flow. These options include actions that California might initiate and potential actions to enhance cross-border cooperation on tire-related activities. The Report also includes initiatives that Baja California might pursue in order to better address the effects of scrap tires in the border region. The Board directed staff to maintain current program levels contained in the 5 year tire plan including checkpoints, education, and training provided for under the Board’s existing agreement with CHP. Translation of documents in Spanish as appropriate should also be considered.
12 Request for Direction on Options for Modifying Waste Tire Storage Requirements Discussion At Board hearings last summer on a report to the Legislature on “Options to Increase Waste Tire Diversion Rates,” the Board took testimony and gave direction to staff to reexamine the issue of the requirements for waste tire product storage. An issue paper, “Consideration of Modifications of Waste Tire Storage Requirements dated April 13, 2009” was prepared by staff, with a public workshop held April 27, 2009. The Board directed staff to initiate a multistep process as follows: Step 1) encourage operators to use flexibility under current regulation to accommodate increases in tire derived product storage; work with State Fire Marshall on a guidance document which will provide interim guidance while the State Fire Marshal completes a full regulatory review pursuant to AB 1249; prepare a guidance document on TDA used for civil engineering projects. Step 2) review financial assurance policy for tire derived products; and Step 3) develop criteria that would have to be pre-approved by the Board and which would have to be met in order to grant temporary storage increases and establish regulations for temporary storage increases.
13 Consideration of Moderation or Elimination of the Policy Requiring the Geographic Distribution of Grant Funds Discussion Board discussed eliminating the current policy requiring the geographic distribution of grant funds. It is only used by one (1) of the twelve (12) Board’s competitive grant programs; Board asked staff to provide additional statistical data about the varied criteria for grant programs. Will be reheard at a future Board meeting.
14 Contractor for the Rubberized Asphalt Concrete Engineering and Technical Assistance Contract (Tire Recycling Management Fund, FYs 2009/10, 2010/11 and 2011/12) Approved Jacobs Engineering Inc. was selected as the contractor for the Rubberized Asphalt Concrete (RAC) Engineering and Technical Assistance Contract. This allows the Board to continue its RAC technical assistance support to local government agencies; and expand the use of RAC by conducting research investigations aimed at commercializing new technologies and implementing a new cooperative purchasing program for local government agencies.
15 Grant Awards for the Tire-Derived Product Business Assistance Program (Tire Recycling Management Fund, FY 2007/08 and 2008/09) Approved The Board awarded more than $2.8 million in non-cash grants to nearly two dozen tire-derived product businesses to help them increase market capacity and improve manufacturing efficiencies. The grants will also help these businesses divert more waste tires away from California landfills and increase their use in new products and technology applications. Tire-derived products are used in a variety of applications including playground safety mats, sidewalks, pathways, athletic track and field resurfacing, and for landscaping projects using bark and mulch made from shredded tires. To help boost the use of this tire material, the Board since 2005 has awarded $18 million in grants to cities and counties for tire-derived product projects, as part of an ongoing effort to promote innovative new uses for the 44 million waste tires generated each year in the Golden State. The Board has set a goal to increase the state’s tire recycling rate from its current level of 70 percent to 90 percent by 2015.
16 Scrap Tire Market Update and Request for Direction on a Proposed Evaluation of Scrap Tire Market Development Programs Discussion The scrap tire market is composed of small family run businesses with aggressive goals. New companies are entering the business and some dropping out, though steep competition is driving down collection revenue. The availability of scrap tires is also down. Fourteen percent of tires are re-used and tire-derived fuel is declining. Long-term threats to California scrap tire diversion include reduced Board funding, recession, environmental health and safety concerns. Staff plans to refine market development goals, identify opportunities and barriers to growth to create an objective evaluation of the Board’s scrap tire market. Stakeholder meetings in August will be followed by Board’s review of goals and principles. More information available in the Presentation link provided in left column.

August Meeting Quick Notes

  • Diversion and Disposal: Diversion rates were calculated at 59% for 2008. There has been a 7 million ton drop in disposal since 2005. Per capita, only 5.1 lbs is disposed per day, a new low since data was first collected in 1995. It’s believed the economic downturn caused some drop in disposal, though greater conservation and recycling may have helped keep rates down despite increased population. The decline in disposal affects the Board’s budget. If it continues, the Board will receive only 42 million through tipping fees, a 30% drop from 2006.
  • Recognition: Board members recognized Bill Orr for his 29 year career at the Board. He was cited as a leader in organizing ADC projects, the Buy Recycled program and the first LEED Building Certification program among other things. He was commended for his long years of commitment to Board mission and programs. Bernie Vlach was also commended for his 32 year career at the Board in which he worked on LEA Certification, Solid Waste Landfill Closure and Postclosure, and developed the SWIS program. He was recognized as being a great family man who also sacrificed his personal time in his dedication to the job.
  • Training: The Board is preparing for its 12th Annual LEA, Tire Enforcement, and CIWMB Training and Technical Course Series. Board staff has been examining how to upgrade training opportunities for its enforcement agencies. To increase value for its training participants, the Board has applied to have its training programs incorporated into continuing education credit through the Department of Public Health for registered Environmental Health Specialists.

Upcoming Events

See the LEA Training Calendar and Board Events Calendar

Although not currently available, CIWMB will actively work with Department of Public Health to secure Registered Environmental Health Specialist (REHS) continuing education units (CEU) for appropriate CIWMB-sponsored training when the CEUs become available.

This all LEA email 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: August 25, 2009
LEA Correspondence, http://www.calrecycle.ca.gov/LEA/Mail/
Melissa Hoover-Hartwick: Melissa.Hoover-Hartwick@calrecycle.ca.gov (916) 341-6813