2000 Annual Report: Permitting and Operations

Permitting and Operations Topics

Introduction Regulatory Framework Enforcement Agencies Permitting Operations and Enforcement Closure and Postclosure for Landfills Closed, Illegal and Abandoned Waste Disposal Sites New Initiatives Research and Development

Solid Waste Enforcement Agencies

The IWMB is the lead agency for solid waste management in California. As such, it must ensure that LEAs enforce, and solid waste facility operators comply with, State standards for the protection of public health and safety and the environment. The State empowers LEAs to enforce solid waste laws, and to implement IWMB policies for correct permitting, operation, and closure of California’s solid waste facilities. Through their local governing bodies, LEAs also establish and enforce local ordinances adopted pursuant to solid waste statutes and regulations. Additionally, the IWMB works with local government and industry to ensure safe, environmentally sound, and effective operation of all solid waste facilities in California through implementation of several programs that provide direct assistance and oversight designed to accomplish their goals.

Designation and Certification of Local Enforcement Agencies
The local governing body (city council or county board of supervisors) designates an LEA. The agency designation must preclude conflict of interest with local waste management entities (ownership and operation). The designated agency must have experience in the enforcement of public health and environmental regulations. Prior to certifying an agency, the IWMB assesses designated agencies through a certification process. The assessment includes determination of staff adequacy, technical expertise, budget resources, training, and a review and approval of an agency enforcement program plan (EPP). If the LEA meets all the criteria, the IWMB certifies the agency to regulate solid waste for its jurisdiction.

The IWMB has certified 56 LEAs covering enforcement duties throughout the state (see a listing of LEAs). Some LEAs oversee jurisdictions that include multiple counties. Currently, the IWMB acts as the enforcement agency in five jurisdictions: the City of Berkeley, the City of Stockton, the City of Paso Robles, the County of Santa Cruz, and the County of Stanislaus.

IWMB staff monitors the quality of LEA performance and the documents they submit, and conducts an overall program evaluation every three years following the initial certification (or more frequently as determined necessary by the IWMB). Subsequently, the LEA is advised of the upcoming evaluation. In conducting the evaluation, IWMB staff utilizes the Solid Waste Information System (SWIS) database, discussions with IWMB staff that oversee permitting and enforcement activities, and discussions with the LEA to determine if the LEA is fulfilling its duties and responsibilities, and maintaining its certification. An LEA is not fulfilling its duties if it has done one or more of the following:

• Failed to exercise due diligence in the inspection of solid waste facilities and disposal sites.
• Intentionally misrepresented the results of inspections.
• Failed to prepare, or cause to be prepared, permits, permit revisions, or closure and postclosure maintenance plans.
• Approved permits, permit revisions, or closure and postclosure maintenance plans that are not consistent with Part 4 and Part 5 of the PRC.
• Failed to take appropriate enforcement actions.
• Failed to comply with, or has taken actions that are inconsistent with, or unauthorized by statute or regulations.

The LEA evaluation can result in one or more of the following:

• LEA commendation for a job well done.
• Specific recommendation(s) for improvement in one or more of the LEA’s program responsibilities.
• A finding that the LEA is not fulfilling its responsibilities, including a listing of the reasons; and LEA notification of the IWMB’s intention to withdraw its approval of the designation if the LEA does not follow the recommendation and develop an evaluation work plan for submittal within 30 days for approval. IWMB staff provides guidance as necessary.
• Partial decertification, which includes the IWMB assuming partial enforcement agency duties.
• Full decertification and withdrawal of designation approval, which results in the IWMB becoming ythe enforcement agency for the jurisdiction.
• Any other action deemed appropriate by the IWMB.

The IWMB may rescind an LEA’s designation approval and certification if the agency is found to be not adequately fulfilling its responsibilities. If this happens, the IWMB serves as the enforcement agency until the IWMB approves the designation of and certifies a new enforcement agency.

The major evaluation follow-up activity is monitoring of LEA evaluation work plan progress at regular intervals. A work plan not being met results in an “administrative conference.” The attendees attempt to reach a consensus that resolves issues. An administrative conference can result in preparation/revision of a work plan, or in an IWMB agenda item recommending a probationary period, withdrawal of designation approval, partial or full decertification, or any other option the IWMB deems appropriate to resolve the jurisdictional issues.

LEA Evaluation Status
In the initial round of LEA evaluations conducted between 1993 and 1997, the IWMB identified deficiencies in the following areas: inspection and reporting, timely enforcement action and follow-up on enforcement actions, permit processing and review, and local resource allocation. Through the evaluations and technical assistance provided by the IWMB, LEAs have corrected many deficiencies.

The IWMB staff is currently conducting the second round of LEA evaluations. As of December 31, 2000, 30 of the 56 LEAs had complete evaluations. Eight LEAs are currently at various stages of the evaluation process. Of the 30 LEAs with complete evaluations, 19 are fulfilling their responsibilities, 8 are fulfilling most responsibilities (due diligence), and 3 are implementing evaluation work plans to address program implementation issues. The preponderance of LEA program implementation issues, as identified in evaluation results, fall into one or more of the following categories. The enforcement agencies failed to:

• Exercise due diligence in the inspection of solid waste facilities and/or disposal sites [4 findings].
• Prepare, or caused to be prepared, permits, permit revisions, or closure and postclosure maintenance plans [7 findings].
• Take appropriate enforcement action [1 finding].
• Maintain certification requirements [1 finding].

One of the LEAs found not to be fulfilling its duties and responsibilities has completed its evaluation work plan and is therefore considered to be in compliance with performance standards. Evaluation staff continues to monitor LEA progress for the two remaining work plans.

The IWMB’s Web site for evaluations provides all the information needed by LEAs to understand the process as well as tips for improving program performance.

LEA Program Assistance
The IWMB implements a number of programs designed to support and enhance LEA efforts in performing their duties. These include:

• Ongoing training, guidance, and technical support.
• Timely targeted assistance that the IWMB accomplishes through a set of “triggers” designed to determine the appropriate time to initiate specific assistance to LEAs.
• The SWIS database that reflects facility compliance with State standards and tracks solid waste trends; provides management and geographic information; and documents all inspection, permitting, and closure data on a site-by-site basis.
• An LEA network that provides electronic mail, access to the Worldwide Web, LEA Central Web site (LEA information center), and file transfer services among its members and the IWMB.
• Hardware, software, Internet service, and technical assistance to LEAs that request it.
• The LEA Central Web site includes “Local Enforcement Agency Talk,” which provides a format for LEAs to raise issues, ask questions, and establish dialogue with other LEAs.
• LEA Advisories, which are formal publications that communicate IWMB staff advice and technical expertise to the LEAs. To date the IWMB has published 57 LEA advisories.
• A roundtable forum that provides an opportunity for LEAs, at a number of locations throughout the state, to address local issues and concerns and to provide feedback to various IWMB divisions.
• Collaboration with the California Conference of Directors of Environmental Health.
• IWMB sponsorship of the Enforcement Advisory Council. The council works to achieve a coordinated, consistent statewide LEA enforcement programs by providing ongoing communication and a partnership between LEAs and the IWMB.
• An annual IWMB/LEA conference, which provides specific training to meet current needs of LEAs and IWMB staff.
• An Enforcement Assistance Grant Program that disburses $1.5 million annually in noncompetitive grant funds from the Integrated Waste Management Account. Common LEA uses for the grant money include equipment (vehicles, gas monitors, video and digital cameras, and computers), training consultant services, and laboratory services.
• An LEA Equipment Loan Program that assists LEAs by providing devices such as air monitoring instruments and any other available equipment as needed.