California Department of Resources Recycling and Recovery (CalRecycle) 

May 2009 Board Meeting Summary

Date: June 8, 2009

To: All Local Enforcement Agencies

Board Meeting: May 19, 2009
Permitting and Compliance (P&C) Committee Meeting: May 11, 2009
Strategic Policy Committee Meeting: May 12, 2009

May Meeting Action Summary

Agenda items are listed by agenda number below:

Actions Taken by the California Integrated Waste Management Board in May 2009 of Interest to Local Enforcement Agencies
Agenda Item Number Agenda Item Board Action Notes
1 Compost Facility: New Compostable Materials and Handling Facility Permit for Wood Industries Company Concurred (Consent) Located in Tulare County
2 Disposal Facility: New Full Solid Waste Facilities Permit for H.M. Holloway Landfill Concurred (Consent) Located in Kern County
3 Transfer/Processing Facility: Revised Full Solid Waste Facilities Permit for the Enertech Environmental California LLC Concurred (Consent) Located in San Bernardino County
4 Consideration of Contractor for Statewide Program Environmental Impact Report for Anaerobic Digestion Facilities Contract Approved The Board approved ESA as the Contractor to develop a Statewide Program Environmental Impact Report for Anaerobic Digestion Facilities. The Board has allocated $250,000 for this contract. This contract provides for the preparation and circulation of a Program Environmental Impact Report (EIR) to assess the environmental impact of siting new and expanding existing anaerobic digestion facilities in California. The Program EIR for anaerobic digestion facilities supports the Organics Policy Roadmap and Strategic Directive (SD) 6.1, which calls for a 50% reduction in the amount of organics in the waste stream by 2020.
5 Consideration Of Contractor For Technical Assistance For Development Of A Model Integrated Waste Tire Management Plan For The State Of Baja Contract Not Approved There was no contractor approved to provide the State of Baja California, Mexico with a model tire management plan framework and technical assistance to develop the Waste Tire Management Plan portion of its Integrated Waste Management Plan. There had been only one applicant for the contract and discussions on the proposal process are continuing.
6 Discussion and Request for 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 Additional Comment Period The Board requested that the draft regulations incorporate a rolling 30X (30 times the annual postclosure maintenance cost estimate) level of financial assurance with the opportunity for operators to earn reduced multiplier values each five years with good performance and practices at the closed landfill. The minimum multiplier attainable would be limited to 15X and goes back up for failure to maintain the good performance and practices. The regulations are to be sent out for an additional comment period of at least 45 days. The proposed regulations respond in part to AB 2296, which among other things, requires the Board to conduct a study to define conditions that potentially affect solid waste landfills and study various financial assurances mechanisms that would protect the State from long-term postclosure maintenance and corrective action costs. AB 2296 further requires the Board to adopt regulations by July 1, 2009 to implement findings of this study.
7 Discussion of Options for the Report to the Legislature in Fulfillment of Assembly Bill 2296 (Montanez, Chapter 504, Statutes of 2006) Return Next Month The Board heard options on reporting to the Legislature its findings and accomplishments in response to the requirements of AB 2296. The Board directed staff regarding the report options, and requested that staff return in June with a draft report to the Legislature for Board consideration. It would make one recommendation to the Legislature. The recommendation is that the Legislature consider establishing a pooled fund to address the residual financial exposure the State faces when landfill operators default and are unable to pay for postclosure maintenance and corrective action. This exposure cannot be addressed through regulation.
8 Consideration of Hearing Officer`s Proposed Decision in the Matter of Amandi/Eco-International Regarding Appeal of Adjustments to E-Waste Payment Claim No. 00000522 (December 2006) Adopted the Proposed Decision of the Hearing Officer This matter involved the denial of payment for covered electronic waste (CEW) due to non-compliant source documentation and/or ineligible CEW. The hearing officer sustained the appeal with regard to CEW associated with Best Buy operations and services, but rejected the appeal with respect to CEW associated with Circuit City operations and services. The Board adopted the proposed decision of the hearing officer.
9 Update on Implementation of 2009 Strategic Directives Update At its March 2009 meeting, the Board adopted the updated 2009 Strategic Directives and requested status reports on implementation in May and September 2009, and a full report on all activities in January 2010. This was a status report to the committee.
10 Discussion and Status Report on the Recycling and Waste Management Measures Included in the Climate Change Scoping Plan Prepared Pursuant to AB 32 Discussion Lead Agency is the Air Resources Board (ARB) and AB 32 mandates that they adopt regulations to reduce CO2 equivalents. One Discrete Early Action is Landfill Methane Control. ARB expects an annual reduction of ~1 MMTCO2e. There is a 34-page draft regulatory language proposal posted on web site. The ARB is looking to have the regulations in place by 1/1/2010. Part of the proposal is to install new methane control systems at landfills currently without systems as well as to establish statewide performance standards to maximize methane capture efficiencies.
11 Consideration of the Adoption of the Biennial Update of the Five-Year Plan for the Waste Tire Recycling Management Program (5th Edition Covering FYs 2009/10-2013/14-Tire Recycling Management Fund) Approved.
Committee Consensus Support
The Board approved the biennial update (fifth edition) to the Five-Year Plan, which covers FYs 2009/10 to 2013/14, for submittal to the Legislature by July 1, 2009. The original Five-Year Plan for the Waste Tire Recycling Management Program (Five-Year Plan) that was adopted in March 2001 covered Fiscal Years (FYs) 2001/02 to 2005/06. The Board has adopted a new edition of the Plan every two years since then.
12 Discussion of Information Related to Staff and Stakeholder Analysis of Issues Regarding Long-Term Postclosure Maintenance, Corrective Action and Financial Assurances at Landfills Additional Comment Period See Board item #6 above. Additionally, the Board requested that staff continue to work with stakeholders on issues including divestiture (transfer of ownership) and previously closed landfills (grandfathering).

May Meeting Quick Notes

  • Tire Storage Standards & Fire Standards: The Waste Compliance & Mitigation Program Director reported that we are working with the State Fire Marshall to incorporate provisions of the International Fire Code into the State Fire Code. The International Fire Code standards for tire storage are very close to standards the Board adopted several years ago and reflect the reliability of the Board’s scientific and engineering analysis.
  • Comprehensive Compliance Complaint Response System: The Waste Compliance & Mitigation Program Director reported that CalEPA has a new electronic tracking system for complaints and follow up enforcement activity that routes the complaint throughout CalEPA to provide an opportunity to verify whether there is any relationship to other Boards and Departments. CIWMB will be incorporating this system over the next 6 months.
  • Auto Shredder Waste: The Department of Toxic Substances Control (DTSC) is coming to a decision on whether to classify the waste as hazardous. They have delayed their decision to allow industry time to provide technical data to support their claims that the waste may not be hazardous. DTSC has said that their decision should be made by June 30th.

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: June 8, 2009
LEA Correspondence, http://www.calrecycle.ca.gov/LEA/Mail/
Melissa Hoover-Hartwick: Melissa.Hoover-Hartwick@calrecycle.ca.gov (916) 341-6813