2001 Annual Report: Permitting and Enforcement

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• Bureau of State Audits Report
• Enforcement Assistance Grants
• Local Enforcement Agency Training
• LEA Evaluations
• LEA Outreach and Issue Research
• Financial Assurance
• Rulemaking Activity

Bureau of State Audits Report
At the request of the Joint Legislative Audit Committee, the Bureau of State Audits (Auditor) conducted an audit in 2000 of the Board’s oversight of municipal solid waste landfills. Released in December 2000, the auditors report contained 16 recommendations for improving the Board’s authority over landfills. The Board has responded fully to the recommendations and submitted appropriate progress reports to the Auditor’s office.

Enforcement Assistance Grants
In 2001 the Board provided $1.5 million in enforcement assistance grants to help local enforcement agencies (LEA) implement enforcement programs. This is an annual allocation intended to assist the LEAs in procuring the needed training, tools, and resources to fulfill their certified enforcement responsibilities to the Board.

Local Enforcement Agency Training
More than 200 participants attended the 5th Annual LEA/CIWMB Partnership Conference in August 2001. Discussion focused on a variety of topics including coordinated enforcement strategies, the future of e-waste management, regulation of conversion technologies, and permitting tools available to LEAs to deal with solid waste handling issues.

The Board also provided basic compost training in 2001 to interested Board and LEA staff in July (Riverside and San Diego counties), August (south San Francisco Bay counties), and November (southern San Joaquin Valley counties).

For 2002, the Board will coordinate a variety of LEA training activities on improved management practices for compost facilities; load-checking for solid waste operators and inspectors; closed, illegal, and abandoned site assistance; and understanding Cal OSHA and recognizing violations of industrial safety regulations.

LEA Evaluations
The Board completed 13 LEA evaluations in 2001, for the City of Los Angeles and the counties of Alameda, Calaveras, Contra Costa, Glenn, Madera, Mariposa, Marin, Napa, Nevada, San Luis Obispo, Tulare, and Sutter/Yuba. The Board will monitor LEA compliance with work plans that address performance issues identified in evaluations for the following jurisdictions: Alameda County, Imperial County, San Benito County, Tulare County, and San Luis Obispo.

Board staff anticipates completing the LEA evaluation process and finalizing evaluation results for the following jurisdictions in 2002: the City of San Jose, and the counties of Amador, Humboldt, Kern, Los Angeles, Monterey, and San Diego. It is likely that some LEA jurisdictions will require monitoring once their evaluation results are finalized.

LEA Outreach and Issue Research
Outreach efforts by the Board to benefit LEAs continue in 2002. Board staff is working with sister Cal/EPA agencies, the California Department of Food and Agriculture, and university contacts on various issues, including examining potential bioaerosols in composting, sudden oak death, and avian and animal product composting.

Financial Assurance
In 2001, the Board updated financial assurance mechanisms for 181 solid waste landfills and major waste tire facilities based on the current inflation factor. Staff initiated enforcement action against one operator who failed to provide adequate environmental liability insurance. Culminating a five-year effort in 2001, the Board approved changes to the financial assurances regulations, imposing strict conditions on captive insurance used as a financial mechanism for landfill closure.

Rulemaking Activity
The Board revised its enforcement and compliance procedures regulations in 2001. This rulemaking process addressed changes in the Public Resources Code from AB 59 (Sher, (Chapter 952, Statutes of 1995). The regulations clarify and improve enforcement tools available to the Board and LEAs for ensuring compliance with State and federal waste management law.

Other rulemaking activities are underway in various phases of development. For more information about specific projects, visit the proposed regulations Web site.

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