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Illegal Dumping Enforcement Task Force

Minutes: September 14, 2006

I. The meeting was called to order at 10:10 a.m. by coordinator Ken Stuart.

Attending Members

Mary Creasey (Leagues of California Cities)
Gary Harris (California Association of Code Enforcement Officer)
Paul Dickinson (Keep California Beautiful)
Karen Keene (California State Association of Counties/County Engineers Association of California)
Joe Mello (State Water Resources Control Board)
Alan Abbs (Regional Council of Rural Counties)
Ben Gale (California Conference of Directors of Environmental Health)
Rebecca Moody (County Administrators Office)
John Key (Bureau of Land Management)
George Valdes (City of Fresno)
Stanton Lange (California Farm Bureau Federation)
Damian Meins (Riverside Illegal Dumping Task Force)
John Ramirez (Monterey Illegal Dumping Task Force)
Neal Fujita (East Bay Regional Park District)
Kit Cole (Waste Management, Inc.)
Steve Levine (CIWMB Legal)
Ken Stuart (CIWMB)

Guests

Denny Hoeh (Stanislaus County)
Grant Eisen (Nevada County)
Mario Leal (Fresno County)
Caroline Chavez (Lake County)

CIWMB Staff Attending

Howard Levenson
Carla Repucci
Maria Kravech
Mitch Delmage

Members Absent

Gale Filter (California Association of District Attorneys)
John Abernathy (Solid Waste Association of North America)
Scott Smithline (Californians Against Waste)
Jim Lawrence (Cal/Trans)

II. The minutes of the May 24, 2006 Illegal Dumping Enforcement Task Force (IDETF) meeting were approved as written.

III. Comments from the Members or the Public

Damian Meins, Riverside County Illegal Dumping Task Force, commented on the need for the CIWMB and Regional Water Quality Control Boards to coordinate grant funding. For instance, storm water grants being used in conjunction with disposal site cleanup grants. This issue is included in one of the proposed Board discussion items.

John Key, Bureau of Land Management (BLM), commented that a record amount of marijuana was being discovered and removed from federal land by law agencies this year. The volume of marijuana is resulting in a solid waste disposal problem (cost) for the BLM, and the hazardous wastes found at the sites pose similar disposal problems.

IV. Update of Coordinator Activities

  1. Since the June meeting, the IDETF Coordinator (Ken Stuart) has presented task force update reports to the CIWMB Enforcement Advisory Council (EAC), the California Conference of Directors of Environmental Health (CCDEH) Solid Waste Policy Committee, staff members of Imperial County, San Diego County, Fresno County, the Cities of Fresno and Madera, and the Board of Directors of the Rural Counties’ Environmental Services Joint Powers Authority. Upcoming illegal dumping update and coordination meetings have been scheduled with staff in Lake County, Los Angeles County, Placer County and San Joaquin County. Meetings are pending with Stanislaus County and Sacramento County staff, along with a presentation at the upcoming CCDEH Annual Conference.
  2. The IDETF Coordinator is also a member of the Multi-Agency Anti-Litter Task Force. This task force was initiated by the CIWMB, and now has Jim Lawrence, Cal/Trans Litter Abatement Program Manager, serving as its Chairman. The task force is currently developing goals and objectives for a state program.
  3. CIWMB training staff are currently developing a statewide load check training program that will be provided to local enforcement agency (LEA) staff and waste operator staff in January 2007. The actual evaluation of any load check programs will be developed after the training is concluded.
  4. The next project for the illegal dumping website will to add linkages for local codes and ordinances dealing with illegal dumping.

V. New Business

  1. Waste Tire Program Summary: Mitch Delmage, Waste Tire Program Manager, provided the task force with an overview of the CIWMB Waste Tire Program. The program is organized in five elements (Enforcement/Regulations, Cleanup/Abandoned Sites, Research, Market Development and Waste Tire/Used Tire Haulers), and the five year plan for the elements are updated every two years. As the use and market for used tires develops, the intent is that the tires will be a commodity and illegal dumping of used tires will be at a minimum.
  2. Illegal Dumping Legislation: Task force members were provided with a summary status report on the five legislative bills that involve illegal dumping and/or cleanup. It was noted that all five bills were approved by the Legislators and have been enrolled to the Governor for approval. These bills are:
    1. AB 1668 (Niello)–Illegal dumping enforcement officers
    2. AB 1992 (Canciamilla)–Solid waste: dumping
    3. AB 2211 (Karnette)–Solid waste disposal site cleanup
    4. AB 2253 (Hancock)–Vehicles; illegal dumping
    5. AB 2449 (Levine)–Recycling; plastic bags

VI. Old Business

  1. Local Government Illegal Dumping Cost Survey: Karen Keene, California State Association of Counties (CSAC), presented a summary of the CSAC Illegal Dumping Cost Survey that was coordinated by CSAC. A total of 33 counties have submitted data to date, with a combined annual cost of $17,425,824. Mary Creasey, League of California Cities, presented a summary of the League survey, and a total of 35 cities have reported a combined annual cost of $14,117,848. When these local costs are combined with the annual Cal/Trans Litter and Illegal Dumping Program costs of $55,000,000, the total cost of illegal dumping and litter for local government services documented to date is over $86 million. Both surveys indicated that the most common illegally dumped materials were large appliances, furniture, mattresses, tires and household garbage. CSAC and League staff will post the surveys on their respective websites, and additional data from counties and cities will be accepted until the IDETF Board report is ready for submission to the Board. Both surveys will appear as appendices to the Board report.
  2. Review of Comments from Regional Meetings: Ken Stuart indicated that the regional meetings continued to show support for a statewide waste hauler/service provider permit program as well as many of the other issues the task force has identified. Additional issues that surfaced included modification of the waste tire program to include a tire redemption fee, utilization of an Ad Council type group for the CIWMB to produce public service announcements (PSA) that can be adopted and used locally, and better definition of waste ownership and responsibility.
  3. Identification of Additional Recommended Issues: The following issues were added to the discussion list by the task force:
    1. Modification of the waste tire program to include a tire redemption fee;
    2. Include the Ad Council/State produced PSAs in the public education issue;
    3. Include reference to the Kern County Code on two pieces of addressed mail or other identifying information in dumped material being deemed to create a rebuttable presumption of ownership in the cradle to grave ownership responsibility issue discussion; and
    4. Include reference to the Butte County Code relative to the property owner of rental properties being responsible for refuse left on the premises beyond the term of the tenant.
  4. Agreement on Recommendations for Inclusion in Board Report
    1. It was agreed to delete the following issues:
      1. A1-Block grant monies for local programs
      2. A1-Point of use fee for new grocery bags
      3. A2-Vehicle license fee for mitigation funding
      4. C2-Access to Department of Motor Vehicle records (Note: C2/DMV was decided based on a September 26, 2006 email vote)
    2. It was agreed to add the following issues or discussion points:
      1. Modification of waste tire program–The intent of the program is to turn used tires into a commodity with value, but illegally disposed tires continue to be a local problem. The ideas of the consumers paying a disposal fee at the time of the purchase of tires and consumers not being allowed to take used tires removed from their vehicles with them when purchasing replacements was discussed.
      2. Public education/outreach-There was consensus opinion that the state needs a consistent, properly funded PSA message on illegal dumping and should consider using experienced non-profit organizations to implement state and local programs. This discussion will be included in the public education issue that was already identified by the task force.
      3. Issues on cradle to grave ownership responsibility and statewide standardization of acceptable evidence and prosecution that were proposed for inclusion in the waste hauler permit issue (May task force meeting) should be returned to individual issue status. Rental property owners being responsible for refuse left on the premises beyond the term of the tenant should be included in the cradle to grave ownership issue.
  5. Establishment of Priority Issues: Based on the actions in Section VID above, a total of 24 issues were identified for inclusion in the board report. The task force voted the following six top priority issues:
    1. Predisposal fees for high incident items
    2. Enhancement of public education
    3. Funding for enforcement staff, including rural counties
    4. Waste tire redemption included in waste tire haulers program
    5. Refuse hauler service provider permit program–statewide with local permit issuance
    6. Enhancement of enforcement training–public and private

VII. Future Needs/Activities/Implementation

The task force coordinator will proceed with writing the draft task force report, and several task force members volunteered to assist in development of some of the issues. The draft will hopefully be completed by early December and it will be sent to the task force members electronically for their review and comment. If there is a need for the task force to meet again to discuss the draft report, a meeting will be convened. The task force members will be notified of the days and times the report will be presented to the Permit and Enforcement Committee and the full Board meeting, and they will be invited to attend the meeting.

VIII. Adjournment

There being no further business, the meeting was adjourned at 2:40 p.m.

Task Force | Illegal Dumping Home

 

Last updated: April 18, 2008


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Donnaye Palmer: donnayep@ciwmb.ca.gov (916) 341-6321