California Department of Resources Recycling and Recovery (CalRecycle) 

Local Enforcement Agency Regional Round Table Meetings

Winter 2003 Notes of the Solid Waste Local Enforcement Agency (LEA) Round Tables

Winter, 2003 Round Tables were conducted in five venues throughout the state. The agendas for each Round Table may be different because the topics include issues of regional concern. LEAs from each of the venues worked with CIWMB staff to develop the Round Table agendas. Each Round Table venue has an LEA Chair, selected by the LEAs in that region. This collection of notes summarizes some of the dialogue occurring at the Round Tables and paraphrases a number of concerns or recommendations of the Local Enforcement Agency staff that attended. Since not all LEAs and CIWMB staff are able to attend every Round Table, this summary is being presented to make information available on some of the issues with statewide implications. Further, these summaries may help to focus all parties in efforts to determine if the Enforcement Advisory Council or the CIWMB staff recommends any program changes at the State and local level.

List of Highlights

New Site Investigation Process (SIP)--The new SIP posted on LEA Central replaces LEA Advisory 3 that was rescinded. The SIP provides guidance to LEAs on the investigation of closed, illegal, and abandoned sites in California. There were many comments and questions on the SIP process in general. Some of the most asked questions were about the procedures to remove a site from all lists, tracking post closure land uses by requiring disclosure on the deed, and reducing inspection frequency by using current site assessments.

Notice and Order (N&O) for closed, illegal and abandoned (CIA) Sites – PRC Section 48023.5, effective on 1/1/03, gives authority to the CIWMB to place liens upon any solid waste disposal site properties remediated with CIWMB funds for recovery of remediation costs.  These are typically closed, illegal or abandoned sites (CIA sites).  To assure due process, all Notices & Orders issued against CIA sites should provide notice that a failure to comply may result in an imposition of a lien on that property.  Some of the questions asked were about use of the language on N&Os for composting, C&D and other types of sites, and use on N&Os issued to disposal sites rather than facilities.

Construction and Demolition and Inert Regulations--Phase I: These proposed regulations cover the transfer and processing of construction, demolition, and inert debris (CDI). The second 15-day public comment period ended February 10, 2003. The third 15-day comment period will run from March 22 through April 7, 2003. The Round Tables occurred at the end of the second comment period. LEA support for these regulations has varied throughout the state. Some LEAs expressed strong feelings that the regulations should be approved as soon as possible to provide needed authority over C&D sites. Others felt that the regulatory oversight in the existing transfer processing regulations for solid wastes should be sufficient for the less hazardous C&D wastes. Much of the discussion centered on the Registration Tier permit for facilities that process 100-300 TPD of C&D debris with no more than 30% residual. The varying amounts of residuals are difficult to enforce. Also, the Conformance Finding may take longer to obtain than the proposed regulations allow for operators to use a temporary Registration Tier permit while a full tier permit is being obtained. In one venue, there was concern that these proposed regulations do not seem to address possible danger to workers by additional processing of material. It was suggested that CIWMB’s Health & Safety Section review all proposed regulations.

Advisory 58 Three Part Test--LEAs were asked to comment on the draft Advisory 58 through the EAC. Advisory 58 provides guidance to LEAs for implementing the three-part test of the transfer processing regulations. The revisions to Advisory 58 included guidance on assessing the 1% putrescible/‘nuisance’ requirement of the three-part test and added a case study on operations separated by a physical barrier. LEAs suggested that the draft Advisory could include additional guidance on building a court case, such as which evidence must be obtained. There were also some questions on the enforceability of Advisories.

LEA Evaluations and Triggers: Round 2--CIWMB staff concluded the second cycle of LEA evaluations. As of December 31, 2002 (the conclusion of the cycle), 56 LEAs had been evaluated and 14 LEAs required workplans in order to address their evaluation findings. At the RTs, there were some suggestions for reformatting the cover letter to better highlight the LEAs’ accomplishments.

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Please note: Past meeting agendas and notes are retained for historical purposes. Over time, some information and links on these pages may become dated and/or inaccurate.

Last updated: February 16, 2005
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