January 2009 Board Meeting Summary

Date: January 30, 2009

To: All Local Enforcement Agencies

Board Meeting: January 21, 2009
Permitting and Compliance (P&C) Committee Meeting: January 12, 2009
Strategic Policy Committee Meeting: January 13, 2009

January Meeting Action Summary

Agenda items are listed by agenda number below:

Actions Taken by the California Integrated Waste Management Board in January 2009 of Interest to Local Enforcement Agencies

Agenda Item Number	Agenda Item	Board Action	Notes
1	Full Solid Waste Facilities Permit for the Willits Solid Waste Transfer and Recycling Center Agenda Item (MS Word, 69 KB)	Concurred (Consent)	Located in Mendocino County
2	Consideration of the Completion of Compliance Order IWMA BR04-04 for the City of Inglewood, Los Angeles County Agenda Item (MS Word, 81 KB)	Order Completed (Consent)	The Board found that the City of Inglewood has fully implemented the requirements of Compliance Order IWMA BR04-04. The Board issued the City of Inglewood a Compliance Order in November 2004 for failing to implement their source reduction and recycling element (SRRE). The Board’s recent assessment showed that all programs identified in the Compliance Order’s Local Assistance Plan (LAP) have been implemented and in a timely manner. No fines were imposed since the jurisdiction adhered to the Compliance Order and scheduled requirements. The City made a tremendous effort and complied with the Compliance Order. Their diversion rate increased greatly to 59% in 2006.
3	Presentation of Fifteen Year Anniversary of the Solid Waste Disposal and Codisposal Site Cleanup Program Presentation (MS PowerPoint, 11.1 MB)	Presentation	Since its inception, 15 years ago, the Solid Waste Disposal and Codisposal Site Cleanup Program has partnered with federal, State, and local agencies, Indian tribes, and nonprofits to cleanup more than 1,000 sites throughout California. This program has provided essential cleanup of solid waste disposal and codisposal sites where the responsible party could not be identified or was unable or unwilling to perform timely cleanup required to protect public health, safety, and environment. Through 2008 the program had completed 193 projects at 720 illegal disposal sites, 256 disaster debris sites, and 59 landfill and burn dump sites, for a total of 1,017 sites cleaned up. In the summer of 2007 the Board was the only State entity funded and prepared to react quickly to the disastrous Angora wildfire in South Lake Tahoe, which destroyed more than 250 homes. This vital State program helps to safeguard California’s citizens and the environment.
4	The Tijuana River Valley and Estuary Goat Canyon Trash Capture and Removal System for the Solid Waste Disposal and Codisposal Site Cleanup Program Agenda Item (Word, 54 KB) Presentation (PowerPoint, 5.9 MB)	Approved (Committee Consensus Support)	Board awarded $250,000 in grants to expedite the installation and establishment of a trash boom collection and removal system along the California-Mexico border before the arrival of winter/spring rains. The affected area is in the Tijuana River Valley and Goat Canyon Estuary, one of the few remaining tidal wetlands in Southern California. The contractors will also assist in the initial removal of trash, tires, and sediment. State Parks will provide site access and will be responsible for long-term operation and maintenance of the system.
5	Grant Awards for the Farm and Ranch Solid Waste Cleanup and Abatement Grant Program Agenda Item (MS Word, 56 KB)	Approved (Committee Consensus Support)	Board approved $134,887 in grants to four areas in Central and Eastern California to clean up debris illegally dumped on public and private lands. The four sites awarded cleanup grants include: Sutter County Resource Conservation District: $81,492 to prevent future dumping and to clean up more than 30 cubic yards of household waste, appliances, tires, large pieces of concrete, automotive and construction debris, and electronic waste on privately owned productive orchards. Sloughhouse Resource Conservation District will receive $44,286 to remove and clean up more than 8,500 tires spread across a cattle ranch near Deer Creek in southern Sacramento County. Merced County will receive $6,434 to reimburse a landowner who paid to clear away more than 2,000 tires illegally disposed onto a 440-acre parcel of property used for crop production. Placer County will receive $2,675 to remove and dispose of approximately 1,100 tires stacked on a 40-acre horse pasture in rural Placer County. The tires were put in place by a previous owner and present a threat to health & safety.
6	Rulemaking Direction on Noticing Revisions to the Existing Waste Tire Hauler Registration and Manifesting Regulations for an Additional 15-Day Comment Period Agenda Item (MS Word, 66 KB) Summary and Response to Comments (MS Word, 54KB)	Additional 15-Day Comment Period Approved	In June 2008, staff was directed to initiate a 45-day public comment period for proposed revisions to the waste tire hauler and manifesting regulations. The revisions are non-controversial cleanup amendments. Staff made additional changes during the 45-day comment period to address tire hauling vehicle storage issues, the retention of unregistered hauler reporting forms (CIWMB 204, Adobe PDF, 28 KB) at end use facilities, and the service of administrative complaints and corresponding documentation to responsible parties. Board directed staff to publicly notice proposed revisions to the waste tire hauler and manifesting regulations for an additional 15-day comment period.
7	Streamlined Process for Stipulated Waste Tire Hauler and Waste Tire Facility Administrative Penalty Cases Agenda Item (Word, 56 KB) Presentation (PowerPoint, 260 KB)	Approved (Consent)	The Board directed staff to implement the streamlined enforcement process for the waste tire hauler and waste tire facility enforcement program. This streamlined penalty process will only be used for tire hauler enforcement cases that are non-controversial, involve less than 2,000 waste tires, and the administrative complaint penalties are less than $5,000. The streamlined process will save time and resources by settling cases prior to the issuance of an administrative complaint.
8	Scope of Work for Technical Assistance for Development of a Model Integrated Waste Tire Management Plan for the State of Baja California, Mexico Agenda Item (Word, 53 KB) Presentation (PowerPoint, 400 KB)	Approved (Committee Consensus Support)	The Board approved a scope of work to provide Baja California with a model tire management plan framework for organizational and technical assistance regarding waste tire management practices at the state and municipal level. That assistance should ultimately benefit the California/Mexico Border Region and assist in minimizing environmental impacts to California. The model waste tire management plan framework would provide information regarding enforcement, remediation, alternative uses for tires, marketing assistance, and tracking the flow of tires in Mexico.
9	2009 Annual Rulemaking Calendar Agenda Item (Word, 46 KB) Presentation (PowerPoint, 279 KB)	Approved (Consent)	The Board approved the 2009 annual rulemaking calendar which is required by Administrative Procedures Act (APA) and Executive Order to be submitted to the Office of Administrtive Law (OAL) annually for publication. The Board is not bound by the projected dates. The regulations listed are planned to be developed and adopted in the coming year and are compiled with input from regulations coordinators from each Board Division. Of the 19 potential rulemaking packages listed in 2008, 5 were approved (emergency regulations are not on lists): At-Store Recycling Program: Plastic Carryout Bags Electronic Waste Recovery and Recycling Mammalian Tissue Composting Closure and Postclosure Maintenance Costs Estimates Temporary Waiver of Terms Emergency Regulations: Temporary Solid Waste Facilities Permits The remaining 14 potential rule making packages held over for 2009 had 2 new rule making packages added: Disposal Site Gas Monitoring and Control Compliance Deadlines Waste Tire Product Storage Requirements
10	Allocation Proposals To Be Funded From The Integrated Waste Management Account For Fiscal Year 2008/09 Agenda Item (Word, 54 KB) Allocation Proposals (PowerPoint, 5.9 MB)	Approved (Committee Consensus Support)	The Board approved three contract allocation proposals in an amount not to exceed $480,000. The contract allocations will be used as follows: Education and the Environment Initiative (EEI) Curriculum: $200,000 will be used to try to raise $25 million of the $37.5 million needed to print and disseminate the EEI curriculum for California teachers & schools. Anaerobic Digestion: $250,000 to develop a Program Impact Report (EIR) in compliance with the California Environmental Quality Act (CEQA) to assist in the siting of new, and expansion of, anaerobic digestion facilities throughout California. Compost Best Management Practices and Emissions: $30,000 to direct scientific research to examine several key composting parameters, pile temperature & moisture content, for their suitability as best management practices (BMPs) for air emissions reduction.
13	Panel Discussion By Producers Of Recycled Content Materials On The California Recyclables And Commodities Markets Agenda Item (Word, 31 KB) Carpenter Presentation on Paper (PowerPoint, 5.0 MB) Alexander Presentation on Post-Consumer Plastics (PowerPoint, 220 KB) Hiestand Presentation on Scrap Metal (PowerPoint, 2.6 MB)	Discussion Only	Another comprehensive panel discussion occurred at the Markets Committee to discuss sustainable recycling and increased local processing of recyclables. In Fall 2008, prices dropped by as much as 80% causing storage and handling problems. Prices for recyclables are slowly increasing and the export markets seem to be gradually improving. The panel and other stakeholders provided possible solutions, including more on-site storage, lower handling fees and increased processing, more enforcement of post consumer content laws and market development. Guidance was issued to LEAs on extending on-site storage of recyclables. A third panel discussion is being scheduled to discuss increased markets for recycled content products.

Modified Permits

Executive Director Delegated Action

The Board has delegated authority to the Executive Director to take action on modified solid waste facilities permits (See California Code of Regulations, Title 27, Section 21685(c). Listed below are the proposed modified permits that the Board has received from Enforcement Agencies since the agenda publication date of the Board's last regular meeting. The Executive Director will act on each proposed permit by concurring in or objecting to it no later than the Final Action Date specified below for each item. If you have relevant information that you want the Executive Director to consider for one or more of these items, please submit the information in writing to the staff listed for each item or P.O. Box 4025, Sacramento, CA 95812-4025 as early as possible.

1. Modified Full Solid Waste Facilities Permit (Compostable Materials Handling Facility) for Cold Creek Compost, Inc. Mendocino County (23-AA-0029). The last date for the Executive Director to take action was January 23, 2009.
2. Modified Full Solid Waste Facilities Permit (Transfer/Processing Station) for the Recycling Center and Transfer Station, City of Pittsburg (07-AC-0043). The last date for the Executive Director to take action was February 16, 2009.
3. Modified Solid Waste Facilities Permit for Twentynine Palms Transfer Station, San Bernardino County (36-AA-0390). The last date for the Executive Director to take action was February 27, 2009.
4. Modified Solid Waste Facilities Permit for Heaps Peak Transfer Station, San Bernardino County (36-AA-0 152). The last date for the Executive Director to take action was February 27, 2009.
5. Proposed Modified Solid Waste Facilities Permit for Big Bear Peak Transfer Station, San Bernardino County (36-AA-0417). The last date for the Executive Director to take action was February 27, 2009.
6. Modified Solid Waste Facilities Permit for Sheep Creek Transfer Station, San Bernardino County (36-AA-0382). The last date for the Executive Director to take action was February 27, 2009.

January Meeting Quick Notes

2008 Accomplishments: Congratulations to CIWMB, LEAs and all our partners. The Executive Director gave an update on the many impressive accomplishments of the CIWMB during 2008 which would not have been possible without our partners. The report of our remarkable accomplishments will be finalized and posted on the CIWMB website as well as summarized and presented to our state legislature.

Changes in CIWMB Management Staff: Rubia Packard was selected as CIWMB’s new Chief Deputy Director, serving under Mark Leary.

New Committee Assignments: The following updates to Committee assignments have been made by the Chair, effective February 1, 2009.

Permitting and Compliance Committee
Rosalie Mulé, Chair
Margo Reid-Brown, Member
Sheila Kuehl, Member

Strategic Policy Development Committee
Margo Reid-Brown, Chair
Sheila Kuehl, Member
John Laird, Member
Carole Migden, Member
Rosalie Mulé, Member
Gary Petersen, Member

Market Development and Sustainability Committee
Gary Petersen, Chair
Carole Migden, Member
John Laird, Member

Auto Shredder Waste: The Department of Toxic Substances Control (DTSC) is considering classifying the waste as hazardous. However, they have given industry another month to provide technical data to support their claims that the waste may not be hazardous. Since information is still being received and evaluated by DTSC, any change in classification would probably occur after February/March.

Retirements: Two dedicated CIWMB employees who will begin retirement shortly were recognized for their great service to the Board. Mary Madison Johnson has been with the Board since 1976 and Nancy Jesterby since 1992. We wish them both the best and they will be missed.

Upcoming Events

See the LEA Training Calendar and Board Events Calendar

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.