Enforcement Advisory Council Meeting

Minutes: September 13, 2006

Meeting called to order 9:31 a.m.

I. Introductions

New Members in Attendance: Jacquie Adams from San Bernardino County/Southern Round Table, Moushumi Hasan from Yolo County/North Central Roundtable

Members not present but monitoring meeting by telephone: Ernie Genter (10:00–11:00 a.m.)

Lunch Plans: Orders for lunch taken so that lunch can be brought in and meeting can continue due to long EAC agenda.

Next EAC Meeting: December 5, 2006, scheduled for 9:30 a.m.-3:30 p.m.

II. Agenda Review

• Dennis Ferrier; Newly identified Round Table item for discussion “Permit Application Forms” to Item V. F.

• Matt Fore would like to add “Vehicle Inspections” to Item V. F.

• Bill Prinz would like to add “Load Checking” to Item V. F.

III. Approval of Previous Minutes

Correction to previous minutes: Add Matt Fore to attendance list of participants.

A motion was made and seconded (Grossberg/Pirie) to approve the amended minutes from the June 6, 2006 EAC meeting. The minutes were approved by a unanimous vote.

IV. EAC Resolutions: Status and Updates

A. Ralph Hunter Award Resolution: (Bill Prinz)

Award was presented to Robert Swift/Sonoma County during the LEA/CIWMB Annual Conference in Monterey. A motion and second (Altman/Grossberg) was made for Resolution #2006-05 acknowledging the award to be sent by e-mail, along with an additional copy sent to his Director. Since the resolution will be posted on the web, it was requested that additional information on the merits of the winner be included in the resolution.

B. E-Filing Data to CIWMB and Solid Waste Information System (SWIS) Database Accessibility, Resolution #2006-01: (Dennis Ferrier)

The Sub-Committee met at the LEA/CIWMB Conference and reported the following:

• There are serious limitations on copying large maps found in closure section (i.e., 3,000 page joint technical documents with blueprints)
• Suggest they try a test run and see how things work
• Still discussing which documents need to be retained (i.e., Quarterly monitoring reports?). Will propose recommendations to CIWMB for approval.

C. Modifying Existing Active Disposal Site Gas Monitoring and Control Regulations, Resolution #2006-03: (Patti Henshaw)

Regulation package is set to start the 45-day comment period Friday, September 15, 2006. All comments previously submitted will be considered (Previous EAC Resolution), yet EAC may want to send a second resolution referring to those comments. This item may be on the December's Permitting & Enforcement (P&E) Committee Meeting schedule, to hold a public hearing and 15-day comment period.

D. Election of EAC Chair and EAC Vice-Chairs for Next Two Year Term: (Bill Prinz)

Nominations were made and seconded for the following (Ernie Genter participated by telephone):

• EAC Chair–Matt Fore
• Southern EAC Vice-Chair–Jacquie Adams
• Northern EAC Vice-Chair–Dennis Ferrier and Sue Markie

A motion and second (Pirie/Markie) was made for accepting the unopposed nomination of Matt Fore as the new EAC Chair for a two year term, and was carried by a vote.

A motion and second (Fore/Grossberg) was made for accepting the unopposed nomination of Jacquie Adams as the new Southern EAC Vice-Chair for a two year term, and was carried by a vote.

The Northern EAC Vice-Chair representative was determined by a majority vote to be Sue Markie.

A motion and second (Pirie/Altman) was made for accepting the nomination of Susan Markie as the new Northern EAC Vice-Chair for a two year term, and was carried by a vote.

V. EAC Discussion Items

A. Regulations for Permit Implementation: (Bobby Garcia)

At the September 5, 2006, P&E Committee meeting, staff was directed to modify the proposed regulations and send them out for a 15-day comment period. The proposed regulations as modified include:

• A modified change list with language added that minor changes “include but are not limited to” what is listed. The provision is retained that allows the LEA to determine at later date that the change does not meet the criteria for minor change and require the operator to comply with all applicable requirements.
• A significant change list where the changes would always be significant. The decision tree would continue to be used for determining when a change is a “significant change in …” and the permit needs to be revised
• Require the LEA to take into consideration other permits/approvals, including land use entitlements, when writing permit terms and conditions.

Discussion by EAC to restate concerns in a new resolution, such as Patti’s opinion that the “minor list” is in and that we should take a strong stand against the significant change list to allow LEA discretion on local and site specific issues (i.e.: adding acreage, hours of operation by +/- 1 hour). Matt will draft a concept resolution on intent and send by September 26, 2006, comment period.

A motion and second (Pirie/Fore) was made to send a Resolution (#2006-06) opposing the significant change list since the decision tree serves the same purpose and supporting Board staff’s recommendation on local land use, which was carried by a vote.

B. Illegal Dumping Task Force Issues: (Ken Stuart)

The committee meets September 14, 2006, to address the final list of issues to present to the Board (current list of 26 items). Note: New changes in Waste Tire Program in October of this year may bring some new ideas, such as a tire redemption program that deals directly with the public.

Rental properties tend to leave items, and could be addressed through new rental contracts.

The Illegal Dumping Cost Survey is a joint project with the League of California Cities, the California State Association of Counties (CSAC) and IWMB. Thirty-three counties have submitted data to CSAC, resulting in a rough total of $17 million. Thirty-five cities have reported to the League, resulting in a rough total of $13 million. Thus, partial report of local government shows some $30 in annual illegal dumping costs. The CalTrans budget for litter and illegal dumping abatement along the state highways is $55 million. This includes CalTran's staff time, disposal costs, contracts with Conservation Corps, Adopt-a-Highway Project, etc. Thus the total amount of reported money being spent in the counties and cities is $85 million.

Both surveys will soon be available on the CSAC and League websites.

Five Bills dealing with Illegal Dumping have been recently enrolled:

• AB 1688 (Niello)–Authorizes local governments to appoint an Illegal Dumping Officer with limited law enforcement authorities.
• AB 1992 (Cancimilla)–Defines the placing, depositing, dumping, or overflow of solid waste on private property without the owners consent as a misdemeanor rather than infraction.
• AB 2211 (Karnette)–Solid Waste Disposal Site Cleanup
• AB 2253 (Hancock)–Vehicle impoundment
• AB 2449 (Levine)–Requires store operators to establish a recycling program for plastic bags.

Not enrolled: SB 151 (Soto)–Vehicle Impoundment has now been changed to a School Safety Bicycle Bill.

The County of Riverside handed out a flyer announcing the creation of a new Code Enforcement Dept.

"Illegal Dumping" can be found on the Web at LEA Central Home Page.

C. CEQA Partnership Paper–Phase II Issues: (Leonard Grossberg)

Phase I–We agree to disagree (cannot come to an agreement on the issues)

Phase II-With regards to the next phase, County Council Assoc. (City and District Attorneys) will be meeting in San Diego in October, and this may be a venue/way of getting interest back into the program.

A motion and second was made to draft a Resolution for the Waste Board Counsel to review the role of a responsible agency vs. a lead agency, in the CEQA approval (concurrence vs. issuance). There was continued discussion on CEQA "certification" versus CEQA "approval" and what each means.

D. Posting Independent Hearing Panel Contact Information on the CIWMB Website: (Genter/Prinz)

In early August, CIWMB staff sent an e-mail requesting detailed hearing panel member information for publication on the web. There were several LEA's that were in opposition to posting sensitive material (address and telephone numbers) on the web. The current status is that no addresses or telephone numbers will be posted on the web.

When LEA's receive an e-mail from P&E staff that creates such turmoil, inquiries should be directed to the appropriate program manager for an immediate response.

E. Ralph Hunter Award Criteria:(Bill Prinz)

Several comments were brought up recently concerning nominations having to come from an EA/LEA in good standing. A recent nominee was nominated by Board staff, and was questioned for acceptance.

Sharon Anderson has made modifications to the forms to correct minor errors, and will send a link for comments on them, and proposed rule modifications.

F. Other Issues from Round Tables:

"Vehicle Inspections" (Matt Fore)–What are LEA’s doing for inspection of collection vehicles? Most vehicle inspections requirements are simple and a basic part of franchise hauler agreements (i.e.: identification on vehicle, water tight seals, covered loads, etc.) while California Highway Patrol (CHP) and Department of Transportation (DOT) cover vehicle maintenance and performance (i.e., brakes, lights, tires, etc.).

"Load Check" (Bill Prinz)–Tabled until next meeting.

"Permit Application Forms" (Bill Prinz, Patty Henshaw, Dennis Ferrier)–New form E-177 ‘Facility Information’ on gate tonnage is unclear, and inconsistent. CIWMB staff advise that the policy of Advisory #25 (rescinded 3/05) has not changed; "materials for daily cover do not count toward gate tonnage." Yet the new Application form (E-177) requires alternative daily cover (ADC) to count toward the permit ‘peak tonnage’. This has been identified as a round table issue (several members identified this as a significant problem area). What are the other LEA’s doing/finding? Is ADC or clean soil included in daily tonnage when it enters the gate? This needs to be discussed at round tables. Question for next roundtable discussion, on how each LEA handles this question on tonnage (What constitutes tonnage?), and what problems do they find with the new forms? Consistency and clarity of CIWMB policy for “materials” (Advisory #25) needs to be discussed by LEAs at Roundtables.

VI. CIWMB Topics, Updates and Discussion

A. Avian Flu and Cattle Die-Off: (Bob Holmes)

State of the State on Animal Disease Discussion:

Avian Influenza: Multi-agency workgroup consisting of California Department of Food and Agriculture (CDFA), Fish & Game, and Department of Health Services (DHS). As birds migrate south from Alaska this fall, the contaminated birds will carry the influenza into regional flocks (semi-domesticated ducks & geese; back yard poultry, and commercial poultry flocks). The Waste Board is prepared to offer guidance to EA/LEA’s & operators as to how to handle each specific issue (it will be posted on the Web).

Cattle Die-Off: 2006 summer heat wave in the Central Valley created an emergency situation when the rendering plant capacity pushed systems over the brink. Large volume of animals had to be addressed for disposal. Alternative disposal methods are being discussed (burial on-site, composting on-site, & landfill disposal). Meanwhile, new expansion plans to increase rendering capacities by 50% are underway.

B. Longer Term Post Closure Maintenance, Beyond 30 Years: (Howard Levenson)

Informal rulemaking started in November/December 2005 to address these issues. The Board also directed staff to study corrective actions and catastrophic events.

C. Legislation/Regulations: (Bob Holmes)

Review of current legislation:

• AB 1688: Authorizes local governments to appoint an Illegal Dumping Officer and would grant officers limited law enforcement authorities (Niello).
• AB 1992: More consistent terminology between the Health & Safety Code and the PRC. The bill clarifies that placing, depositing, dumping, or overflow of solid waste on private property without the owners consent is a misdemeanor (Cancialla).
• AB 2253: Vehicle seizure bill (Hancock).
• AB 2296: Additional legislation relating to financial assurance demonstration applicable to post-closure maintenance activities at solid waste landfills (Montanez).
• SB 1305: Signed by the Governor! Home generated sharps after 9-1-08 would no longer be allowed in the trash. Sharps shall only be disposed of at an approved facility and only in approved sharps containers (Figueroa). Not intended for enforcement by LEA’s, but for worker safety protection at disposal sites.

Regulations - There are three Rule Makings in the works:

• AB 1497 Permit Implementation: Accepting comments through September 26, 2006. On October 10, the Board will adopt the regulations or request an additional 15-day comment period. Note: The sunset on this regulation package is in March/April of 2007 (1-year!).
• Active Disposal Site Monitoring Controls: The 45-day comment period starts on September 15, 2006. Public hearings may be held in the December Committee meeting.
• Temporary Waiver of Terms: (The old “PEP” policy) Defines the power and responsibility of the Executive Director to revoke temporary waiver of terms. What constitutes a temporary emergency? Who declares a temporary emergency?

Up and coming issues:

• Financial assurance mechanisms
• Corrective actions (non-water issues)
• Hearing Officer Appointments (Rulemaking workgroup to look at protocols and procedures for appointing Hearing Officers). EAC point of contact is Jacquie Adams.

D. PR 410 South Coast Air Quality Management District )SCAQMD) proposed rule on odors at Material Recovery Facilities and Transfer Stations: (Bob Holmes)

AQMD has agreed to use a more cooperative and performance based approach. PR 410 will be presented to the governing board on October 6, 2006. Transfer stations will have to submit an Odor Management Plan (OMP) to the AQMD, or an Alternate Odor Management Plan (A-OMP) to the LEA’s for review. The LEA’s can then process the changes as an RFI amendment, and will become the enforcement body.

E. Compliance Toolbox Development: (Paulino Luna/Leonard Grossberg)

A power point presentation of the work group’s development strategies was shown. Objectives were outlined as: The need to properly train new LEA inspectors; a review for experienced LEA inspectors; to promote consistency in evaluating State Minimum Standards (SMS); and to promote consistency on inspection reports.

Discussion centered on a SMS check list (PRC codes for SMS in plain English, only 2 pages which can be used as a pre-inspection tool or during a site inspection), a self-tutorial web page which walks the inspector through a decision tree on what constitutes compliance, areas of concern, or violations. In addition to the self-tutorial, and in an effort to promote statewide consistency, a series of inspection checklists will also be shared for review/input during the upcoming roundtables. It was acknowledged that consideration would be given to site specific locations, the history of compliance, efforts in compliance, experience of the inspector and a disclaimer that “the previous examples were presented in the professional judgment of the inspector.”

With the direction from the EAC and Board Staff, the workgroup requested permission to disseminate the information to the roundtables, and request comments, and examples that could be added to the project/presentation.

F. Training and LEA Conference: (Mindy Fox)

LEA/CIWMB Conference: Best and biggest conference to date. The start for planning for the 2007 LEA/CIWMB Annual Conference in San Diego begins soon! A request for volunteers to join the steering committee has begun.

Master Training Schedule:

• Field Inspector Safety Training–8 Hour training
• Environmental Field Sampling–2 Day training
• Tools for Conducting Informational Public Meetings
• Load Checking

Note: Reimbursement for non-salaried consultants requires the following statement on expense reports: “Business was conducted during the meal due to the length of the EAC agenda.” Written lunch receipts are also required.

G. Universal Waste/Treated Wood Waste Guidance: (Bob Holmes)

Nothing new to report for Universal Wastes. Department of Toxic Substances Control (DTSC) is still working on putting out information on FAQ’s and issues.

DTSC is working on the final treated wood waste regulations development and hopes to have it ready by the end of this year.

H. Proposed Central Valley Compost Waste Discharge Requirements (WDR’s): (Bob Holmes)

The WDR’s were proposed by the Regional Water Quality Control Board (RWQCB) to replace expiring waivers. It was thought that requirements for lined compost leachate ponds and concrete operations pads could kill some facilities. Because of concerns raised and CIWMB discussions with RWQCB, less stringent requirements are being considered.

VII.  Public Comments:

VIII. Meeting was adjourned at 2:39 p.m.

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Last updated: April 11, 2008