Enforcement Advisory Council Meeting

Minutes: June 19, 2007

Meeting called to order 9:40 a.m. by Bill Prinz, Acting Chair.

I. Introductions

II. Agenda Review

A. Greg Pirie requested that C-CORP Odor Evaluation needs to be revisited.

This evaluation focused on the health effects from compost odors. The CIWMB had money that supported a comprehensive study. C-CORP will develop tools to assist with determining odors and develop best management practices dependent on feedstock for managing odors. A final report is pending but tables can be taken from report and posted on website. The CIWMB reorganization has put this project on hold.

B. Informational Item: Dennis Ferrier reported on a Medical Waste issue, specifically Santa Clara County regulates Medical Waste.

Waste Management operator rejected loads of medical waste from medical facilities that included surgical wastes consisting of bloody tissues, fluids, contaminated equipment, etc. The Medical Waste inspectors regulate through education with scheduled inspections. The Health and Safety Code (§117695) states that if infectious waste is treated onsite, it is deemed medical solid waste.

There is discussion occurring in Santa Clara County that medical waste be accompanied by some sort of documentation or process that the waste has been treated through three proposed methods: 1) visual recognition, 2) manifest waste/special handling, or 3) a regulatory process for de minimus amounts of infectious waste identified in waste load (i.e., when does the load have to be completely removed as infectious waste).

EAC members shared that what Mr. Ferrier was describing was illegal disposal and the grounds for an enforcement case. The operator was complying with their load check program and this is no longer an LEA issue. The illegal dumping should be reported to the appropriate enforcement agency (CUPA).

III. Approval of Previous Minutes

Corrections to the April 3, 2007 Minutes:

• Page 1 – IV. (A) Insert missing portion of resolution number "2007-" to read "2007-02: Permit application & Instructions:"

A motion was made, seconded (Pirie/Grossberg) and the minutes for the April 3, 2007 EAC meeting were approved as corrected.

IV. EAC Resolutions: Status and Updates

A. Election of a New Chair

Robert Wiechert has retired from Merced Co. LEA

A motion was moved, seconded (Pirie/Grossberg) to nominate Trey Strickland from the Northern Roundtable as the EAC Chairperson. Mr. Strickland accepted the nomination.

Trey Strickland was elected unanimously as EAC Chairperson. EAC Resolution 2007-04

B. Resolution 2007-02: Permit Application & Instructions

Due to the retirement of the former EAC Chair Robert Wiechert, this agenda item has to be revisited because Mr. Wiechert was the lead.

C. Resolution 2007-01: Election of EAC Chair

Completed

D. 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 proposed authority of the Executive Director be limited. No where else in the regulations does the Executive Director have authority to suspend, limit or terminate an action of the LEA (inspection, enforcement orders, etc). The County further pointed out that if the public health were not impacted the CIWMB would use the LEA evaluation if the LEA was not using the regulations correctly in the opinion of the CIWMB rather than the Executive Director impacting local issues and decisions by terminating a waiver.

The County suggests language be added to the definition of a temporary emergency to address concerns of public health and safety or the environment as determined by the EA. Also, they suggest that during a strike, the LEA cannot issue waivers to the facility or facilities under strike but can to other facilities. The County indicated that in the Final Statement of Reason Mike Bledsoe (in a conference call with Ms. Henshaw) would clarify that an EA can issue waivers to all facilities as needed after the strike is over to bring back operations. The restriction is only during the strike.

Discussion ensued and it was agreed that the EAC will not pursue an EAC Resolution; rather they will allow individual jurisdictions to comment directly on the proposed regulations. Orange County is submitting comments directly.

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

Dennis Ferrier will be setting up a conference call in the near future. Mr. Ferrier stated the original members included himself, Patti Henshaw, Gabe Aboushanab and Bernie Vlach. He further updated the EAC on environmental data reporting, referencing PRC 71050 and stated that some state agencies have embraced electronic reporting, specifically mentioning the State Water Board.

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

Mike Wochnick provided an update on the proposed regulation package. Mr. Wochnick stated the Board approved the package and the package will be submitted to Office of Administrative Law (OAL) later this month. OAL will have 30 days to process the package and it should become effective in later summer 2007.

With regard to "retroactivity", CIWMB staff indicated that an operator can demonstrate that the existing landfill gas system is good enough (effective detection) or retrofit probes (includes installing replacement probes). The regulations do not apply to Pre-88 disposal sites. The regulations apply only to post-88 disposal sites (This item ties with Agenda item V. (B))

A side discussion was initiated regarding the recently completed CIWMB sponsored SCS study on landfill gas probe integrity. A report is anticipated to be released at the end of the month. It is anticipated that a regulatory package will be proposed that includes a requirement for landfill gas probe integrity testing.

V. EAC Discussion Items

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

• Mark de Bie addressed the concerns that were raised by some EAs that the draft guidance were an attempt at underground regulations. Santa Barbara LEA will draft some clarification language. CIWMB Legal evaluated the concern raised about underground regulations and were satisfied that the draft guidance were not an underground regulation.
• Dennis Ferrier provided California Government Code §§ 11340.5(a) and 11342.60 (Administrative Procedure Act). Mr. deBie indicated that he will look into these citations and bring it back to the EAC.
• Rebecca Lafreniere brought up a concern that is shared throughout the state regarding closed sites that have been subdivided and are now owned by multiple property owners. Ms. Lafreniere discussed the need for separate inspections reports for a single site and the limitations of SWIS. The EAC agrees this is problematic and Ms. Lafreniere will write the issue up and forward to Mr. Strickland for EAC discussion (and possible resolution) as a separate agenda item.

B. Retroactivity of the Active Disposal Site Gas Monitoring and Control Regulations

See discussion Agenda item IV. F above.

C. Inspection Forms

Mr. de Bie stated that some LEAs are still using the old inspection forms and the Board is returning the inspection reports. Discussion ensued and it was determined that the individual LEAs should be contacted directly to correct the issue.

D. Other Issues

Nominations for the Ralph Hunter Award are to be sent to Sue Markie.

VI. CIWMB Topics, Updates and Discussion

A. Legislation/Regulations

Bob Holmes provided the following regulations update:

• Active Landfill Gas: staff is working on the rule making file that will be submitted to OAL. OAL has 30 days to process.
• Temporary Waivers: 15 day public comment ends June 29th and the package is scheduled to be heard at the August P&E Committee Meeting.
• Financial Assurance: focusing on Postclosure cost estimates and insurance. Economic fiscal impact analysis is underway.
• Mammalian Tissue Composting Emergency regulations were approved by OAL. The regulations will be in effect for one year to allow for research and eventually in the event of a local emergency may be the basis to support mammalian composting at permitted composting facilities.

Bob Holmes provided the following legislation update:

• AB 679-Illegal Dumping, civil assessment to criminal.
• AB 1048-Clean up language from bill last year. Authorize investigating agency to access Attorney General Information.
• AB 1447–Metallic Discard Act.
• AB 1473–Stay issuance of Cease & Desist (Recycling Facilities)
• SB 55–Biosolids, publicly owned treatment works (POTW) to study alternatives for biosolids.
• SB 470–Dead Animals, CIWMB workgroup developing emergency regulations for dead animal disposal. Agencies participating on workgroup include: Department of Health Services (DHS), California Department of Fish and Game (CDFA), CIWMB, Agriculture Industry, Cattle Industry, Swine Industry, Poultry Industry, Farm Bureau, and UC Davis.
• SB 1020–75% Diversion (under discussion).
• SB 1016-Jurisdictional Diversion Reporting (under discussion)

B. Reorganization Update

Ted Rauh provided an update on the current status of the reorganization. Implementation is scheduled for July 1, 2007. Mr. Rauh introduced Lorraine Van Kekerix who will serve as the Chief of the Compliance Evaluation and Enforcement Division. Mr. Rauh also announces that Mark de Bie will serve as Chief of the Permitting and LEA Support Division and Bill Orr will serve as Chief of the Cleanup, Closure and Financial Assurance Division.

Ms. Van Kekerix provided a brief overview of her background.

C. Training and LEA Conference

Suzanne Hambleton provided an update on the following training opportunities:

• LEA/CIWMB Conference in October in San Diego.
• State Minimum Standards–2 day event. The course will include 10 landfills, 5 composting facilities and 5 transfer stations.
• Treated Wood Waste sponsored by the Department of Toxic Substances Control (DTSC) on new treated wood waste (TWW) regulations
• Beginning Landfill Gas Training

VII.  Public Comment Period

VIII. Schedule Next EAC Meeting & Close Meeting

Next EAC meeting is scheduled for August 7, 2007.

A motion was moved, seconded (Ferrier/Grossberg) and adjourn the meeting at 2:40 p.m.

Meeting was adjourned at 1:36 p.m.

EAC Archive

Last updated: April 11, 2008