Enforcement Advisory Council Meeting

Minutes: April 3, 2007

Meeting called to order 9:35 a.m. by Robert Wiechert.

I. Introductions

II. Agenda Review

No additions

III. Approval of Previous Minutes

Corrections to the September 13, 2006 2nd Draft minutes:

• Page 1-Correct the spelling of "McClellon"

A motion was made, seconded (Grossberg/Pirie) and the minutes for the January 25, 2007 EAC meeting were approved as corrected.

IV. EAC Resolutions: Status and Updates

A. Resolution 2007-02: Permit Application & Instructions

Resolution still being worked on. There were a lot of comments received on tonnage/traffic issues. The resolution is expected out soon. Send any additional comments to Bill Prinz or Robert Wiechert.

B. Resolution 2007-01: Election of EAC Chair

Completed

C. Resolution 2007-03: Formal Comments Regarding Proposed Revisions to the "Temporary Waiver of Terms" Regulations

Rebecca LaFreniere handed out a letter from Patti Henshaw, Orange County. The County suggests the removal of the language that a temporary emergency does not include a collection or disposal labor strike. Also, suggests the deletion of the proposed language "or failure, on the part of the operator, EA or a local government agency, to plan for reasonably foreseeable future events". A public hearing on this package will be on April 9, 2007. Robert Wiechert will attend.

D. E-Filing Data to CIWMB and Solid Waste Information System (SIS) Database Accessibility Sub-Committee Report

Dennis Ferrier was not present to give this update.

E. Resolution 2006-03: Modifying Existing Active Disposal Site Gas Monitoring and Control Regulations

Completed

V.  EAC Discussion Items

A. Modified Permits: Guidance for the Permit Application Form; SWIS Update for Modified Permits; Process for ED Concurrence

Mark de Bie gave a presentation and indicated that this guidance will be live on the CIWMB's website before April 13, 2007 (when the regulations become effective). Jon Whitehill and Bobbie Garcia will update the Permit Toolbox to include these changes.

B. Assistance with Informational Meetings

Bobbie Garcia is putting together FAQs regarding informational meetings and will put on the website.

C. Proposed Changes to Permit Toolbox to Help Implement the New Permit Regulations

See above

D. FAQ's for the New Permit Regulations

See above

E. Notice for Report of Facility Information (RFI) Approvals on the CIWMB Web Site

Posting RFI notices on the CIWMB website will meet the requirement.

F. Transition for 5-year Permit Review Notice (Registration and Standardized) form Board to LEA

After April 13, 2007, permit review notifications will be the EA's responsibility. CIWMB Permitting staff will continue on for a couple weeks beyond this date and will provide a list of facilities and due dates to LEA jurisdictions.

G. Draft Guidance for Inspection Forms for Sites with Multiple Units

Mark de Bie gave a handout and requested comments. Guidance will be formalized in an all LEA e-mail. Rebecca LaFreniere asked if a closed unit of an active landfill will require a separate inspection form. Mark de Bie said he would check with CIWMB Closure staff and include closed units in the draft guidance for additional EAC review before finalizing.

VI. CIWMB Topics, Updates and Discussion

A. Legislation/Regulations

Mark de Bie gave out a hand-out/EAC Legislation Update, dated April 3, 2007

B. E-Waste at Transfer Stations/Landfills

Susan Happersberger gave an update regarding the fraud investigations associated with e-waste. There is a memorandum of understanding (MOU) with the Department of Toxic Substances Control (DTSC) to coordinate this effort. There have been fraudulent activities with inappropriate documenting of non-source anonymous electronics. There is a new requirement for collecting information from business' that drop off over five pieces of e-waste. Sue H. is looking into ways of heading off this sort of issue before it becomes a greater problem and is asking for input from LEAs.

C. State/Local Illegal Dumping Enforcement Task Force Report

Ken Stuart gave an update on the presentation to the March 3, 2007 Permitting and Enforcement Committee Meeting. He was directed to implement the plan with two key points–outreach and technical assistance. He is currently meeting with various groups getting the word out to solve the illegal dumping problem locally with help from the state.

D. San Joaquin Valley Air Pollution Control District (SJVAPCD) Rule 4565

Jacques Franco gave an update and provided a handout. This rule was adopted on March 15, 2007 and effects landfills, composters and land application handling biosolids, animal manure and poultry litter in the SJFAPCD.

E. Reorg Update

Ted Rauh, the new Program Director for the Waste Compliance and Mitigation Program gave an update on the current status of the reorg including information on his background. Implementation is scheduled for July 1, 2007. There was a question regarding the over emphasis on enforcement and concern that the ambiguous enforcement regulations will result in a difficulty to enforce. Ted indicated that enforcement needs to be clarified and this will take some time. He has been directed to focus on this aspect. Other comments included DTSC's Ticket Program and the need to measure success through compliance/education and not necessarily through tickets and fines.

F. PDF Inspection Forms

All LEA E-Mail #2007-19 dated 3/23/07: There will be a free Adobe download available. The cut-off for using the old SWIS forms will be May 1, 2007. Robert Wiechert asked if electronic forms will ever be accepted instead of hard copies. No determination has been made in this regard.

H. Training and LEA Conference:

LEA Conference in San Diego, October 16-18. Operators will be invited and staff is in the final stages of planning.

Other training: Pesticides/Clan Lab, 8 hour Health & Safety Training; Load-Checking, Field Tours, State Minimum Standards. Rachel Morton asked for LEAs to let her know if there were any additional topics under Health & Safety training needed.

VII.  Public Comment Period

VIII. Schedule Next EAC Meeting & Close Meeting

June 19, 2007 (tentative based on SMS training)

Meeting was adjourned at 1:36 p.m.

EAC Archive

Last updated: April 11, 2008