California Department of Resources Recycling and Recovery (CalRecycle) 

March 2009 Board Meeting Summary

Date: April 10, 2009

To: All Local Enforcement Agencies

Board Meeting: March 24, 2009
Permitting and Compliance (P&C) Committee Meeting: March 16, 2009
Strategic Policy Committee Meeting: March 17, 2009

March Meeting Action Summary

Agenda items are listed by agenda number below:

Actions Taken by the California Integrated Waste Management Board in March 2009 of Interest to Local Enforcement Agencies
Agenda Item Number Agenda Item Board Action Notes
1 Consideration of the Grant Awards for the Waste Tire Enforcement Grant Program (Tire Recycling Management Fund, FY 2008/09) Approved
 (Committee Consensus Support)
The Board approved the award of $6,749,989 for the Waste Tire Enforcement Grants to 39 applicants. Of the 39 applications received, 38 were returning Grantees from the FY 2007/08 grant cycle and one was from a new Applicant, San Diego County. The amount recommended for funding is within the $6,750,000.00 allocated by the Board in the Five-Year Plan.
2 Public Hearing and Consideration of the Imposition of Penalties Against the City of Ridgecrest, Kern County, Pursuant to Compliance Order IWMA BR07-07 (Public Resources Code Section 41850) and Consideration of Potential Modifications to the Existing Compliance Order Findings and Order Issued The CIWMB fined the City of Ridgecrest (Kern County) $47,580 for failing to adequately implement its mandated waste diversion program as required by the 1989 California Integrated Waste Management Act, which requires all cities and counties to implement programs to divert at least 50 percent of solid waste away from landfills.

After a lengthy hearing and testimony from City and Kern County representatives the Waste Board issued the following decision:

Imposition of a one-time penalty of $47,580 for failure to meet the terms of the Compliance Order, based upon a fine in the amount of $780 per day, beginning from the date of the original Penalty Hearing Notice (1/23/09) through the date of the hearing (3/24/09).

In recognition of the City’s efforts in the last month prior to today’s hearing, only $20,000 of this penalty is due immediately.

The remaining $27,580 of this fine shall be held in abeyance to ensure compliance with the remainder of the Order.

The Board further directed that Board staff work with the City to develop a revised Local Assistance Plan that shall be agreed to by the City and submitted by May 29, 2009. The revised plan shall include all of the tasks in the existing Plan with revised dates, and the new tasks the City indicated they would add, with full implementation of all tasks by January 4, 2010.

In addition, the revised Local Assistance Plan shall include a one-year monitoring period following the full implementation of the revised Local Assistance Plan.

If the City fails to fully implement the revised Local Assistance Plan by January 4, 2010, the $27,580 held in abeyance shall be imposed upon the City, and the City shall be liable to an additional daily penalty in the amount of $1,950 per day until the City achieves full implementation.

3 Consideration of the 2005/2006 Biennial Review Findings for the Source Reduction and Recycling Element and the Household Hazardous Waste Element for Mendocino County: City of Ukiah Accepted (Consent) The Board accepted the findings of the Biennial Review of the source reduction and recycling element (SRRE) for the City of Ukiah. Board staff found that this jurisdiction is in compliance with the diversion requirements of PRC Section 41780 by its good faith efforts to continue to implement its diversion programs and to make all reasonable and feasible efforts to implement additional diversion programs to address any changes in its respective waste streams since the previous Biennial Review. Additionally, this jurisdiction has also implemented its Household Hazardous Waste Element.
6 Consideration Of Revisions To Board Governance Policies - Strategic Directives Approved The Board adopted the revisions to the Strategic Directives (SDs). The SDs include a set of overall objectives for the CIWMB that provide measurable objectives for staff and help to define where the Board wants staff to focus its efforts in concert with ongoing activities to implement statutes and regulations.
7 Consideration of the Grant Awards for the Tire-Derived Product Grant Program and Conditional Cancellation of the Tire-Derived Product Grant Program Solicitation For Fiscal Year 2009/10 Approved
(Committee Consensus Support)
The Board approved the entire available funds of $2,000,000 in the Tire-Derived Product Grant FY 2008/09 to be awarded to 22 grant applicants and conditionally cancelled next year’s solicitation for FY 2009/10 for this grant program. For this cycle, the Board received 91 applications totaling $8,365,082 in requested funds. The funds allocated for this program are $2,000,000. After all applications were evaluated according to the process approved by the Board in August 2008, 67 applications were deemed to be qualified for a total of $6,098,272. To be able to award the grants, Staff also requested that $4,098,272 be awarded to another 48 applicants using upcoming Tire Fund Reallocation monies in April 2009 and funding from the approved FY 2009/10 budget in May 2009.

March Meeting Quick Notes

Board Vacancy: There is currently one vacancy on the Board as Gary Petersen was not re-appointed.

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.

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: April 10, 2009
LEA Correspondence, http://www.calrecycle.ca.gov/LEA/Mail/
Melissa Hoover-Hartwick: Melissa.Hoover-Hartwick@calrecycle.ca.gov (916) 341-6813