Strategic Directives

SD-4: Landfill Management

This page provides information on the CIWMB's Strategic Directive 4 (SD-4). Each of the four subdirectives links to further explanation including baseline measurement, metrics or performance criteria, annual targets, and key activities.

Directive
It is a core value of the CIWMB to protect public health and safety and preserve resources. Accordingly, the CIWMB will assure safe and adequate landfill disposal and long-term maintenance of landfills.

Specifically, the CIWMB will:

1. Assure that 100 percent of active landfills meet state minimum standards as well as permit terms and conditions.
2. Assure that 100 percent of active and closed landfills have plans for postclosure maintenance and appropriate levels of funding for closure, postclosure maintenance, operating liability, and corrective action.
3. Reduce the number of facilities on the noncompliance ("Inventory") list.
4. Study and report to the CIWMB Board by January 1, 2008 what financial requirements should be considered to assure adequate long term post-closure maintenance and corrective action. Completed. Assess what additional financial requirements should be put in place to assure adequate long-term postclosure maintenance and corrective action, promulgate needed regulations, and develop legislative recommendations by July 1, 2009. Continued activity (rev. 2/08).

Strategic Directive 4 is closely linked to SD-3: Minimize Waste, and SD-8: Enforcement/Permitting.

4.1--Assure that 100 percent of active landfills meet State minimum standards as well as permit terms and conditions.

This subdirective addresses a core goal of the Integrated Waste Management Act, protecting public health and safety through environmentally safe disposal. The Board must monitor compliance over time to ensure the requirements continue to be maintained. This subdirective is closely related to SD-4.3, SD-8.3, and SD-8.8.

Baseline
The baseline is the percentage of landfills with violations of the state minimum standards and/or permit terms and conditions as of December 2006. Of the 146 active landfills, nine are listed on the Inventory and 13 have Active Enforcement Orders.

Metrics or Performance Criteria
The Board will measure the compliance rates by active landfills.

Annual Targets
Five percent improvement in landfill compliance rates by December 2008.

Key Activities
Establish landfill performance triggers through coordinated staff efforts to:

• Update the Solid Waste Information System (SWIS) database and continue to track status of evaluation and enforcement activities through this database.
• Work with local enforcement agencies (LEA) to ensure that solid waste issues are identified.
• Obtain Board concurrence on compliance targeting strategy.
• Identify and provide training and technical assistance to meet the needs of LEAs.
• Conduct inspections and take enforcement actions.

4.2--Assure that 100 percent of active and closed landfills have plans for postclosure maintenance and appropriate levels of funding for closure, postclosure maintenance, operating liability, and corrective action.

Closure and postclosure maintenance plans ensure that landfill closure and postclosure maintenance and the eventual reuse of disposal sites will protect public health, safety, and the environment as long as the waste continues to pose a threat. This subdirective is closely related to SD-3.6 and SD-4.4.

Baseline

1. Closure Plans

• 100 percent have plans and financial assurances for closure and postclosure maintenance. All 282 landfills currently have some sort of plan and financial assurance demonstration.
• 95 percent of required have final plans. This percentage is based on 136 of 143 landfills currently required to have Final Closure Plans.
• 74 percent of required have been certified closed. This percentage is based on 107 of 143 landfills that have ceased receiving waste that have completed closure and are in postclosure maintenance.

2. Cost Estimate Regulations

• 45-day comment period will be initiated in summer 2007.

3. Cost Estimates and Financial Assurances

• This baseline will need to reset when the cost estimate regulations and long term financial assurances regulations are finished.

Metrics or Performance Criteria

1. The Board will track landfill closure status.

• Percent of landfills that have plans and adequate financial assurances for closure and postclosure maintenance. This percentage is based on the current regulations.
• Percent of required landfills that have final plans. Final closure plans are required to be submitted two years prior to anticipated final receipt of waste or within 6 months of ceasing operations for environmental reasons. This percentage will vary as landfills reach capacity and are required to submit their final closure plans.
• Percent of required landfills that have been certified closed. Landfills are required to begin implementing their closure schedule within 30 days of final receipt of waste. This percentage will vary as additional landfills reach capacity and/or cease accepting waste and are required to close and as landfills complete closure and enter postclosure maintenance.

2. The Board will revise its Closure/Postclosure regulations.

Annual Targets

1. Closure Plans

• Maintain 100 percent landfills that have plans and financial assurances for closure and postclosure maintenance.
• Maintain 95 percent of required landfills that have final plans.
• Increase to 79 percent required landfills that have been certified closed. Staff believes with a concerted effort an incremental improvement is possible.

2. Complete Cost Estimate Regulations by January 2008. Will need to reset baseline for financial assurances for new cost estimates to reflect the final regulations.

Key Activities

• Track status of LF closure dates.
• Review closure/postclosure plans, certifications and funding.
• Inspect sites routinely and during actual closure construction.

4.3--Reduce the number of facilities on the noncompliance ("Inventory") list.

The focus of this subdirective is to reduce the number of landfills on the Inventory of Non-complying Facilities (Inventory). The Inventory is the formal repository for facilities with chronic violations of the State Minimum Standards and "listing" triggers certain enforcement actions by the LEAs. This subdirective is closely related to SD-4.1 and SD-8.3.

Baseline
The baseline is 13 landfills on the Inventory as of December 2006.

Metrics or Performance Criteria
The Board will track the number of landfills on the Inventory.

Annual Targets
The Board will reduce the number of landfills currently on the Inventory by 4% by December 2008.

Staff needs to coordinate internally and work with LEAs to ensure the SWIS databases is up to date, issues are identified, inspections are conducted and appropriate orders are issued. These activities will result in an increase in landfill compliance rates by December 2008.

Key Activities
Establish landfill performance triggers through coordinated staff efforts to:

• Update SWIS database and continue to track status of evaluation and enforcement activities through this database.
• Work with LEAs to ensure that solid waste issues are identified.
• Obtain Board concurrence on compliance targeting strategy.
• Identify and provide training and technical assistance to meet the needs of LEAs.
• Conduct inspections and take enforcement actions.
• Clarify whether the number of Closed, Illegal, and Abandoned (CIA) sites in violation where the LEA requests investigation and enforcement assistance from the CIWMB.

4.4--Study and report to the CIWMB Board by January 1, 2008 what financial requirements should be considered to assure adequate long term post-closure maintenance and corrective action. Completed. Assess what additional financial requirements should be put in place to assure adequate long-term postclosure maintenance and corrective action, promulgate needed regulations, and develop legislative recommendations by July 1, 2009. Continued activity (rev. 2/08).

This subdirective implements the requirements of Chapter 504, Statutes of 2006 (AB 2296, Montanez) which directs the Board to complete a study on the financial assurances for post-30-year maintenance and corrective actions and to revise its financial assurances regulations accordingly. This subdirective is closely related to SD-3.7 and SD-4.2.

Baseline
Analysis of financial assurance requirements for long-term postclosure maintenance and corrective action will not be available until completion of the study.

Metrics or Performance Criteria
Complete the study and report to the Board by January 1, 2008 as specified in Chapter 504, Statutes of 2006.

Annual Targets

• Completion of the study by December 2007.
• Adopt regulations and develop recommendations for needed legislation to implement the findings of this study by July 1, 2009.

Key Activities

• The contract manager will assure the contactor submits deliverables in the periods specified in the contract.
• Contract deliverables will be shared with advisory consulting stakeholder group for review and comment. Comments received will be analyzed, compiled, and forwarded to the contractor.
• Hold public workshops for consulting group on draft contractor's report and draft staff report.
• Present contractor report, staff analysis, and recommendations to the Board.

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Last updated: November 07, 2008