Local Enforcement Agency (LEA) Central

Illegal Dumping Enforcement Task Force and CIWMB Team Illegal Dumping:
Minutes: October 4, 2007

I.  The meeting was called to order at 10:00 a.m. by Program Director Ted Rauh

Attending Members (Illegal Dumping Enforcement Task Force [IDETF])
Birgitta Corsello (County Engineers Association of California)
Gary Harris (California Association of Code Enforcement Officers)
Paul Dickinson (Keep California Beautiful}
Larry Sweetser (Regional Council of Rural Counties)
John Wiggins (County Administrators Office/Contra Costa)
George Valdes (City of Fresno)
Stanton Lange (California Farm Bureau Federation)
Wendy Breckon (CIWMB Legal)
Karol Enferadi (State Water Resources Control Board)
Ken Stuart (CIWMB)

CIWMB Team Illegal Dumping/Staff
Ted Rauh
Bill Orr
Mitch Delmage
Corky Mau
Bill Lee
Darryl Petker
Scott Walker
Sally French
Howard Levenson
Rosalie Mulé, Board Member

Guests
Bryan Kumimoto, Stanislaus County
Grant Eisen, Nevada County
Jeff Lamoure, Imperial County
Barbara Miller, City of Fresno
Christine Flowers, Keep California Beautiful
Cookie Robles, City of Oakland
Ricardo Garcia, Sacramento County
Manuel Ruiz, City of Madera

Absent Members (Illegal Dumping Enforcement Task Force)
John Vacek (California District Attorneys Association)
Kyra Ross (League of California Cities)
Karen Keene (California State Association of Counties)
Scott Smithline (Californians Against Waste)
John Key (Bureau of Land Management)
Sara Mora (California Farm Bureau Federation)
John Watkins (Riverside Illegal Dumping Task Force)
John Ramirez (Monterey Illegal Dumping Task Force)
Teri Bebo (CalTrans)
Neal Fujita (East Bay Regional Park District)
Kit Cole (Waste Management, Inc.)

II. Self-Introductions were made by all individuals attending the meeting.

III. Update of Activities

1. Strategic Directives--Ted Rauh reviewed the process of the Board developing and adopting Strategic Directives, and indicated that Directives 8.6 and 8.9 address illegal dumping. Staff will present an update on the two directives to the Board at their December 2007 meeting.
2. IDETF Report--Ken Stuart indicated that the IDETF Report had been presented to the Board at their March 10, 2007 meeting, and that the Board had directed staff to develop and implementation plan for the report. The implementation plan, a status report on the recommendations developed by the IDETF, a status report on grants, and recommendations for statutory changes will be included in the December Strategic Directive Update Report to the Board.
3. Team Illegal Dumping (TID)--Bill Orr indicated that the TID had been chartered with staff from both the Waste Compliance and Mitigation Program and the Sustainability Program. The TID is addressing the internal development and delivery of the programs involved in illegal dumping and developing the Strategic Directive Report to the Board.

IV. New Business

1. Review of Contract Allocation Proposal--Bill Orr reviewed the Illegal Dumping Enforcement and Public Awareness Manual contract proposal that was presented at the August 14, 2007 Board meeting. The Enforcement Manual would describe the needed components and procedures for local illegal dumping enforcement and abatement programs while the Public Awareness portion of the contract require the development of a model public awareness campaign. The Board asked that staff modify the proposal to make it a web based document, develop additional details on the contents of both parts of the proposed contract, and bring the contract back for further consideration. Ken Stuart provided the task force with a draft outline of program components of local illegal dumping programs, and indicated that he is working with the Legal Office and the CIWMB webmaster on including local illegal dumping codes on the Illegal Dumping website. Gary Harris and George Valdez indicated that both of their cities (Los Angeles and Fresno) have well developed procedure manuals that can be used for the project. It was agreed that Ken Stuart, Jeff Lamoure, and George Valdes would meet with Gary in Los Angeles and proceed on developing the project.
2. December 2007 Board Workshop--Bill Orr discussed the items that are going to be included in the upcoming Illegal Dumping Workshop at the Board, and these include an update on the status of the recommendations included in the IDETF Report to the Board, the Implementation Plan being developed by staff, a discussion of current grants that can be used for illegal dumping projects and potential grants, and a proposal for Board consideration of future statutory authorities. Individual presentations to the IDETF included:
   1. Implementation Report--Ken Stuart provided the attendees with a status report of the twenty-four recommendations included in the IDETF Report and discussed the strategic objectives that are proposed for inclusion in the implementation proposal.
   2. Grants Review Project--Corky Mau provided the attendees with a pamphlet that details all of the grants available from the Board, and discussed the issues her staff are reviewing. These issues include making the application process easier, incorporating more than one project in the same grant application, and using monies from different grants to fund such projects as public awareness.
   3. Tire Facilities Operations--Jim Lee provided a presentation on the used tire program and discussed changes that are currently under consideration for the programs. These proposed changes include the provision of funding to local tire grant programs for additional tire amnesty days and decreasing the number of tire required for utilization of cleanup grants from 500 tires to 300 tires.
   4. Tire Surveillance Programs--Darryl Petker discussed the Board contract with the Air Resources Board that makes surveillance equipment available to local tire grant jurisdictions for use in illegal dumping surveillance projects and the Board contract with the California Highway Patrol (CHP) for aerial surveillance of illegal tire dumping sites within counties. Mr. Petker also discussed the contract with the University of California, Davis to do satellite surveillance on requested illegal dumping problem areas.
   5. New River Project--Scott Walker discussed the New River Model Cleanup Project in Imperial County, and the potential for using it in future Board assisted local cleanup projects. Based on aerial surveillance by the CHP, some forty-seven illegal dumpsites were found along the New River. Originally, it was assumed that most of the sites were on public property, it has since been determined that most are on private property. The Illegal Dumping Disposal and Co-disposal Site Cleanup Program can work on private property, but the cleanup costs are to be recovered from the property owner. Imperial County staff have no problem with ordering abatement on properties that have evidence of the property owner doing the dumping, but the issue of cost recovery from innocent victims is under review.
   6. Extended Producer Responsibility Framework--Howard Levenson discussed this program, commonly referred to as the “Take Back” program, and indicated that the data from the IDETF Cost Survey done by CSAC and the League of California Cities has justified the inclusion of white goods (refrigerators, washing machines, etc.) in the proposed amendments to the existing program. If the program amendments are approved by the Board, statutory changes in the existing law will have to be passed before the actual inclusion of white goods in the take back program could occur.
   7. Future Statutory Authority--Bill Orr and Ken Stuart indicated that Board staff has been developing a set of potential statutory changes for illegal dumping program activities based on the recommendations of the Task Force for further Board deliberation that could be included in a future legislative package. Specific areas of review include new and/or expanded local grants for illegal dumping abatement, enforcement and public awareness programs, a local permit program for refuse hauler service provider businesses, evidence of ownership statutes for illegally dumped materials, retention of used tires by retail dealers, and inclusion of illegal dumping activities in Local Enforcement Agency (LEA) Enforcement Program Plans (EPPs). Comments from the Task Force members and attendees included the need to increase fiscal penalties in the current Penal Code statutes, the preference to use permits rather than licenses for the refuse hauler service provider program, and the need to make the grant programs more flexible. The IDETF members agreed that the six concepts discussed were needed and deserve their support.
3. CSAC/League Cost Surveys--Ken Stuart indicated that the CSAC and League staff that handled the initial illegal dumping electronic survey is willing to work with their member counties and cities to update the surveys. The intent will be to use a shortened form of the survey and to hopefully have it completed during the early part of 2008.
4. Determination of Panel Members for December Board Panel--The desire to have a balanced panel presenting the IDETF portion of the Strategic Directives relative to illegal dumping at the December 2007 Board meeting was discussed. It was agreed that Gary Harris would represent the City of Los Angeles and the California Association of Code Enforcement Officers, Birgitta Corsello would represent and County of Solano and the County Engineers Association of California, Paul Dickinson would represent Keep California Beautiful, Larry Sweetser would represent the Regional Council of Rural Counties, and Stanton Lange would represent the California Farm Bureau Federation. Bill Orr and Ken Stuart will work with the panel members on the comprehensive presentation.

V. There being no further business, the meeting was adjourned at 3:05 p.m.

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