Enforcement Advisory Council Meeting: January 25, 2007

Response to Resolution 2007-03

March 16, 2007

Mr. Robert Wiechert, Chair, EAC
Solid Waste Local Enforcement Agency
Department of Public Health
Division of Environmental Health
777 W 22nd St
Merced, CA 95340

Subject: Response to Enforcement Advisory Council Resolution 2007-03-Formal Comments Regarding Proposed Revisions to the "Temporary Waiver of Terms" Regulations

Dear Mr. Wiechert:

I am writing in response to Enforcement Advisory Council (EAC) Resolution 2007-03, passed at the January 25, 2007 EAC Meeting and received by CIWMB on March 7, 2007. The Resolution provides comments from the EAC to the California Integrated Waste Management Board (CIWMB) as part of the formal rulemaking on the proposed “Temporary Waiver of Terms” regulations.

The EAC requests CIWMB consider the following comments:

1. Revise the definition of a "temporary emergency" in Section 17211.1 (b), by removing the language "a collection or disposal labor strike" from the definition or adding a clarifying clause "except in the event of a public health hazard" when there has been a labor strike and uncollected wastes may present a public health hazard;
2. Include an appeal process for the LEA to appeal the decision of the Executive Director and specify that an appeal should stay the decision of the Executive Director taken pursuant to Section 17211.9 (a) until the appeal is resolved;
3. Restrict the ultimate decision regarding stipulated agreements for temporary waivers to the Executive Director or Deputy Director;
4. Provide guidance to LEAs regarding the preparation of a stipulated agreement or other document to address conditions beyond the control of the operator, such as a criminal investigation by law enforcement at a site; and
5. Consider the use of a temporary waiver when unforeseeable events occur. EAC acknowledges that appropriate actions to address 'reasonably foreseeable events' through the environmental review process, land use documents and/or solid waste facility permits should be taken, however, a temporary waiver would be a better option than wastes illegally dumped along a roadside.

As you know, the CIWMB staff cannot necessarily endorse one set of comments over another during the formal rulemaking period; however, please know that your comments will be considered during staff analysis of comments received during this timeframe.

I want to thank the EAC for continuing to provide essential input into the Board’s rulemaking process and we will continue to work with the EAC to assure that the proposed regulations for "Temporary Waiver of Terms" provide an effective process during temporary emergencies for the optimum protection of public health, safety and the environment.

If you have any questions, please contact me at (916) 341-6311.

Sincerely,

Original signed by

Howard Levenson, Ph.D.
Deputy Director
Permitting and Enforcement Division

Attachment: EAC Resolution 2006-08 (Adobe PDF, 183 KB)

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Last updated: April 11, 2008