Regional Round Table Meeting Notes: Winter 2006

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California Integrated Waste Management Board

Solid Waste Local Enforcement Agency Regional Round Table Meetings

Winter 2006 Round Tables (RT) were conducted in five venues throughout the state. The agendas for each RT may be different because the topics include issues of regional concern. LEAs from each of the venues worked with CIWMB staff to develop the RT agendas. Each RT venue has an LEA Chair, selected by the LEAs in that region. The LEA Chair also serves on the Enforcement Advisory Council (EAC) as a representative of the LEAs in that region. This collection of notes summarizes some of the dialogue occurring at the RTs and may paraphrase a number of concerns or recommendations of the LEA staff that attended. Since not all LEAs and CIWMB staff are able to attend every RT, this summary is being presented to make information available on some of the issues with statewide implications. Further, these summaries may help to focus all parties in efforts to determine if the EAC, California Conference of Directors of Environmental Health (CCDEH) or the CIWMB staff recommends any program changes at the State and local level. This series of RTs were attended by 78 LEA staff representing 45 jurisdictions.

Highlights

Permit Implementation Regulations–Status of Workgroup Efforts on Significant Change: LEAs discussed the proposed lists of minor and significant changes to an operation and the use of the decision tree to decide when a permit revision or modification or no Report of Facility Information action is required. The proposed lists were produced after numerous workgroup meetings with LEAs, CIWMB and operators. At the RTs, the decision tree was well received by all LEAs as an extremely beneficial and effective regulatory tool for deciding if a change requires to be approved through a permit revision. Many LEAs expressed concerns that the use of the lists would take away some of their local discretion and limit their decisions to the examples on the lists. Some LEAs felt that both or only one of the lists may be useful to have in the regulations to provide clear direction to operators on permit requirements when changes in the operations occur. CIWMB staff scheduled at least 2 more workshops on the proposed minor and significant change lists. The proposed regulations will go out for public comment in spring 2006.
Questions? Contact the Becky Williams or Bobbie Garcia

Cal/EPA Enforcement Initiative & Environmental Task Force Participation: The Cal/EPA Enforcement Initiative was developed to implement the Governor’s Action Plan for the Environment. Draft guidance on referring cases for prosecution was developed in response to a need identified during recent prosecutor round table meetings with Cal/EPA legal counsel. Apparently, many prosecutors in the state have expressed an increased interest in taking on environmental cases, however, they do not always hear about potential cases from field staff. At the RTs, copies of the draft protocols for referrals of violations and cases to prosecutors were provided to attendees. Attendees were asked to review the draft protocols, one was developed by the CIWMB for solid waste and tire enforcement and one was from Cal/EPA. LEAs were requested to see if the protocols could be added to the LEAs enforcement program plans (EPP). Also at the RTs, LEAs were polled about their participation in their local environmental task force. Many LEAs said that they did not participate in the local environmental crimes task force because most of the cases discussed at task force meetings did not involve solid waste. Further, should a case be presented, the LEAs mentioned that there is difficulty moving cases forward due to inadequate enforcement tools available to address solid waste violations. A number of LEAs said that they participate in the local task force as the certified unified program agency (CUPA) or hazardous waste representative. LEAs are continuing to review the draft referral protocols. The referral protocols will become part of the Model Enforcement Program Plan also being prepared as part of Cal/EPA’s enforcement initiative.
Questions? Contact Sharon Anderson or Wendy Breckon

LEA/CIWMB Joint Facility Inspections–Consistency Issues: A poll was taken at the RTs on whether there are consistency issues between the CIWMB and LEA inspection reports when a joint facility inspection is completed. Some venues discussed this issue during the LEA to LEA discussion period. In general, most LEAs did not express any concerns and/or mentioned that they have been able to resolve inspection result inconsistencies with the CIWMB inspector. CIWMB management indicated that LEA inspectors could handle inconsistencies by taking the following steps: discuss the issue with the CIWMB inspector, if concerns remain then discuss issues with the inspector’s supervisor, and if still unresolved, then follow up with the P&I Branch Manager, and to the Deputy Director if necessary. There were several LEAs who expressed serious concerns about inconsistencies with CIWMB inspection findings and the handling of the inspection reports. It was clarified that there are two types of CIWMB facility inspections, the mandated 18 month landfill inspection and the pre-permit inspection. The CIWMB will send the 18 month inspection report to either the LEA or operator or both, as the LEA wishes. The CIWMB’s 18 month inspection results do not have to be sent to the operator. Pre-permit inspections are crucial for the Board’s decision on whether to concur in a permit. At the RTs, some LEAs mentioned that a pre-pre-permit inspection may be useful to assist in getting all site issues resolved before the permit goes before the Board.
Questions? Contact the P&I staff liaison for your jurisdiction.

Training and the Conference: The rulemaking on mandatory certification/training requirements for landfill operators and inspectors was discontinued. To increase expertise, compliance and partnership, the Board allocated $150,000 to the LEA training program to more systematically include operators. LEAs said that the CIWMB training program is one of the best and are satisfied that an expanded joint training program will enhance compliance and communication. LEAs are very pleased with all the training offered. LEAs are looking forward to the LEA/CIWMB Conference in August. The LEA/CIWMB Conference provides essential information and serves as an excellent opportunity to network with CIWMB and other LEAs.
Comments? Contact Mindy Fox

Compliance Toolbox Development: A survey was passed out at the RTs as an initial step to gather feedback in the development of an enforcement, compliance and inspection toolbox web site. The purpose of the toolbox is to provide LEAs, operators, CIWMB staff, and members of the public with enforcement and inspection materials and strategies that will allow them to understand, reduce and prevent violations pertaining to all solid waste handling. LEAs were enthusiastic about the toolbox. Some LEAs completed the surveys at the Round Tables, others are responding electronically. The results of the survey will be compiled to provide direction on which issues are of most importance to LEAs.
Comments? Contact Paulino Luna

Certified Appliance Recyclers (Adobe PDF, 305 KB): At the RTs, LEAs were provided with a Department of Toxic Substances Control (DTSC) guidance document on the new laws for appliance recycling (AB 2277). Persons removing hazardous components from appliances must be registered with DTSC as a certified appliance recycler (CAR). Prior to crushing appliances, the crusher must demonstrate that a CAR has completed hazardous component removal. There was very little discussion at the RTs on this issue. DTSC will be posting FAQs on their website as guidance.
Questions? Contact the P&I staff liaison for your jurisdiction.

Universal Waste Guidance: At the RTs, LEAs discussed the expiration of existing regulatory exemptions that allow households and other small quantity generators to dispose of some hazardous wastes (universal wastes) in municipal solid waste landfills. The LEAs discussed the CIWMB enforcement guidance for load checking and other activities related to keeping universal wastes out of the landfills. In general, LEAs were pleased with the CIWMB guidance provided and mentioned that many solid waste handling facilities had already implemented new procedures, such as additional staff training, new signage relative to universal wastes that will not be accepted, and had modified load checking procedures, etc. Many LEAs mentioned that as costs for collection and disposal of universal waste increase, illegal disposal will increase and additional funding is needed for universal waste collection in local jurisdictions. Also discussed at the RTs was the need for better definitions of ‘electronic devices’, more assistance in identifying where mercury devices are found, and a comprehensive list of locations where universal wastes are being accepted. Additional guidance is being developed by CIWMB and DTSC.
Questions? Contact the P&I staff liaison for your jurisdiction.

Cal/OSHA Presentation: The Chair of the South Central Round Table, Matt Fore, had an expert from the local Cal/OSHA Consultation Office give an in-depth and informative presentation on Cal/OSHA authority and programs and referral process for LEAs. The presentation was excellent and provided essential information for making referrals to reduce worker injuries in the field.

Questions or corrections on this Roundtable recap can be directed to Rachel Morton.