| Problem Solving Panel Interest Based Conflict
Management Process from LEA/CIWMB Conference 1999:
Panel Members: CIWMB- Laura Niles, LEA- Patty
Webb, LEA- Bill Prinz, Industry- Melissa St. John (Potrero Hills Landfill)
Raise Issues - Odors are a common complaint. Utilize effective tools,
agency responsibility (state and local), operator responsibility. What triggers LEA
reaction: public complaints, LEA judgement. Clarify definitions: "complaint",
"odor", "nuisance". How do you draw the line between waste issues and
Air Resources Board (ARB) issues?
Issue Statements - (1) At what point does odor become an issue for the
LEA? (2) How can LEA and Operators work together to resolve issues relating to odor
given the issue of jurisdiction?
Discover Interests - Shared: Non-duplicative enforcement, public
relations, future entitlements, political pressure, health risks, preventative approaches.
Different: Level playing field vs. credit for compliance, cost effective solutions, take
LEA out go to ARB. Conflicting: LEA duty.
Generate Options - Create another state agency to handle odor:
"STINCO" (state team investigating complaints on odor); get AQMD involved:
determine jurisdiction, advice; coordinate site visit of involved agencies, one voice to
operator; MOU with Air Resources Board to establish referral policy; establish uniform state guidance; take over all
nuisance complaints through legislation; develop local ordinances to establish authority;
overturn 1220; give nuisance complaints to another co-agency code enforcement; Put in Conditional Use Permit (CUP);
lower property taxes of affected residents; form team: operator, LEA, AQMD joint
investigation; legislation to take back authority over odor and all SWF; agree on self
motivating program; agree on how to investigate sources of odor; use of odor control
chemicals; be willing to discuss cost effective solutions; allow operator to decide who to
deal with, contingent on compliance; alter operations according to environmental
conditions; purchase property; public forums; hire a consultant to investigate; public
education programs; use of deodorants or other cover materials; verify the source of the
odor.
Agreed upon Solutions - The Panel agreed on several short, long, and
very long term goals. Short-term goals: A team approach should be taken when
verifying source, including the operator, LEA and AQMD. The operator will then
alter operations according to finding. A communication and public involvement protocol
should be established. Enforcement should be taken as necessary. Long-term:
Develop an MOU to establish uniform guidance with the Air Resources Board that details a
method of evaluation, complaint protocol, team approach,and enforcement options. Long-long-term:
Legislation |
