2003 Annual Report: Permitting and Enforcement

On this page...

• Southern California Fire Response
• Enforcement Assistance Grants
• Enforcement Training
• Equipment Loan Program
• Enforcement Agency
• LEA Evaluations
• Solid Waste Facility Permits
• Post-Closure Maintenance/Financial Assurances Workshop
• Completed Rulemakings

Southern California Fire Response

In the aftermath of the tragic Southern California wildfires, the massive amounts of fire debris being cleaned up have affected or will affect the operations of numerous solid waste management facilities. Beginning on November 3, 2003, the Board provided ongoing staffing at the Disaster Field Office in Pasadena in support of fire recovery activities. In this role the Board also represented Cal/EPA. In December, with cessation of most activities at the Pasadena office, the Board provided ongoing staffing at the San Diego field office and periodic staffing at the Colton field office. As of February 2004, Board staff continued to be on call at the San Diego and Colton field offices.

As part of its involvement at the field offices, Board staff helped coordinate policy responses and provide information on the handling and proper management of materials such as burn ash, telephone poles, household hazardous wastes, railroad ties, auto bodies, asbestos-containing materials, fuel-contaminated soil, and animal carcasses.

The Board developed comprehensive Disaster Web page to provide this much-needed information to State and local agencies and took the lead in putting together the Cal/EPA Web page for the fire response. These Web pages include guidance on handling and on properly managing the materials mentioned above, along with links regarding emergency funding, emergency waivers, relevant regulations, and other related topics.

Enforcement Assistance Grants

Local enforcement agencies (LEAs) received $1.5 million through this grant program to carry out solid waste facilities permit and inspection programs. The LEAs spend the funds on equipment, training, and other program support. See www.ciwmb.ca.gov/LEACentral/GrantsLoans/LEA/ for more information.

Enforcement Training

The Board provided a variety of LEA training sessions that included inspector field training tours, hands-on landfill gas training, radioactive waste regulations, Odor Impact Minimization Plan/compostable materials regulations, alternative daily cover, and illegal dumping on tribal lands. Planning was also undertaken for the 7th Annual LEA/CIWMB Partnership Conference. Session topics will include Performing Emergency Debris Management When Disaster Strikes; Innovative Technologies; Solid Waste Facility Inspections, Compliance, and Emerging Trends from a Cal OSHA Perspective; and Public Participation-The Process and the Outcome.

Equipment Loan Program

The Board provided a variety of services under the LEA equipment loan program. As of December 31, 2003, LEAs representing 33 counties have borrowed equipment from the program.

Enforcement Agency

Board staff serves as the enforcement agency in five local government jurisdictions: in the counties of Santa Cruz and Stanislaus, and in the cities of Berkeley, Paso Robles, and Stockton. In 2003 staff conducted 321 inspections at 30 facilities and 28 closed, illegal, and abandoned sites in these jurisdictions. A full discussion of the Board's role as enforcement agency was held at the Board’s November 2003 meeting.

LEA Evaluations

As part of the third cycle of LEA evaluations that began in May 2003 (see Local Enforcement Agency Evaluation Home Page), the Board completed ten LEA evaluations. Of these, seven LEAs were found to be fulfilling their duties and responsibilities. Three LEAs were found not to be fulfilling all their duties and responsibilities. One LEA required a work plan to address its evaluation findings (Siskiyou County), and the remaining two did not require work plans since the evaluation findings were either resolved during the evaluation process or a resolution was substantially underway (City of Pittsburg, San Francisco County). Six LEAs completed their work plans from the second evaluation cycle in 2003 (Amador, Imperial, Kern, Lassen, Monterey, and Tulare Counties). Additionally, California State Auditor Report 2003-113 identified that the Board did not evaluate all LEAs within three years, although it also found that the established scope of the evaluations and outcomes were appropriate. The Board is on schedule to complete the third cycle within the statutory time frame.

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Solid Waste Facility Permits

The Board concurred in the issuance of the following major permit revisions:

• Sunshine Canyon Landfill (City of Los Angeles portion)
  Issued May 21, 2003.
• Bradley Landfill West and West Extension (City of Los Angeles)
  Issued April 9, 2003.
• Puente Hills Landfill (County of Los Angeles)
  Issued July 11, 2003.
• Tajiguas Sanitary Landfill (County of Santa Barbara)
  Issued May 2, 2003.

Post-Closure Maintenance/Financial Assurances Workshop

The Board conducted a public workshop in November 2003 on the adequacy of the post-closure maintenance period and the 30-year financial assurance demonstration for landfills. This workshop included presentations and a panel discussion by Board staff, public and private industry, and the environmental community.

Completed Rulemakings

Closure and Post-closure Maintenance: Revision of regulations concerning closure and post-closure maintenance in response to the December 2000 Bureau of State Audits report on the Board.

Inventory of Solid Waste Facilities That Violate State Minimum Standards: New regulations to establish the process for inclusion on inventory of solid waste facilities that violate State minimum standards.

Waiver of Permit Terms and Conditions During Temporary Emergencies: New regulations to establish the process for facility operators to request approval to operate outside of the limits and terms and conditions of the solid waste facilities permit in the event of an unforeseeable situation.

Compostable Materials: Placement of solid waste facilities, operations, and activities that handle compostable materials into regulatory tiers, development of associated minimum standards, and adjustment of existing regulations to accommodate the above placement. The regulations became effective on April 4, 2003. Staff conducted a series of training sessions throughout the state regarding the compostable materials regulations. The focus of the training was to assist LEAs and operators on the development of the Odor Impact Minimization Plan and operations/odor management.

Tire Monofills: New regulations establishing permitting requirements and minimum standards for tire monofills (disposal sites that accept only waste tires).

Construction & Demolition/Inert Debris: Placement of facilities and operations handling or disposing construction and demolition and/or inert debris into regulatory tiers, and setting minimum standards. Phase I regulations became effective on August 9, 2003; Phase II, on February 24, 2004. Guidance on the implementation of the regulations can be found at www.ciwmb.ca.gov/LEACentral/Regs/Implement/default.htm. In addition, these regulations contain 14 unique requirements (that is, they are applied differently than in other Board regulation packages). In July 2003, the Board’s Permitting and Enforcement Committee discussed a staff analysis of the implications of applying each of the unique requirements to the regulation of other waste and directed staff to return after collecting stakeholder feedback on the analysis. On September 22 and October 30, 2003, staff conducted a two-part, two-day public workshop to solicit stakeholder feedback on staff’s analysis. In January 2004, Board staff presented a summary of the feedback received at the workshop and recommendations for Board action (see Agenda Item 24, January 13-14, 2004, CIWMB Meeting). The Board directed staff to initiate a rulemaking to implement changes to 4 of the 14 requirements.

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