Enforcement Assistance

Enchiridion

6. Corrective Actions/Remediation

If the findings of an inspection/investigation show that a site poses a nuisance or threat to public health and the environment, the CIWMB may require an owner or operator to take corrective action pursuant to PRC, Division 30, Part 5. The CIWMB may expend funds from the Solid Waste Clean-Up Program Fund (AB 2136) to contract for remedial action should the owner or operator fail to take corrective action. EA Section staff will oversee corrective actions taken at sites where a responsible party is willing and able to finance the work. Where a responsible party has not been identified or where the responsible party is recalcitrant, unwilling or unable to finance the work, the site will be referred to the RCTA Branch.

7. Information Management

7.1 Solid Waste Information System
7.2 Identification Systems

7.1 Solid Waste Information System

The CIWMB's Solid Waste Information System (SWIS) III database will be used by the EA Section for compiling key information about solid waste facilities, operations, and disposal sites{14 CCR 18020}. Key information includes, but is not limited to:

• Inspection tracking
• Enforcement action tracking
• Permits (pending and issued)
• Financial Assurances
• Closure
• Closed, Illegal & Abandoned Sites
• CEQA
• Correspondence tracking

7.2 Identification Systems

The SWIS III numbering format (County Code-EA Code-Site Number, e.g., 01-AA-0001) will be used for identifying active facilities, operations, and closed, illegal and abandoned sites. 

8. Alternative Program Approval

8.1 Alternative Daily Cover
8.2 EA Approvals, Determinations and Requirements
8.3 Alternatives Under the Federally Approved State Program

8.1 Alternative Daily Cover

The CIWMB is the authority that prescribes the quality, quantity and methodology employed in the application of daily cover. Typically, the material used for daily cover is soil. However, alternative materials of an alternative thickness may be approved by the EA with concurrence by the CIWMB.

Revised disposal site daily and intermediate cover regulations were approved and effective as of November 5, 1997. General standards for alternative daily cover (ADC) use are specified in 27 CCR 20690. Proposed uses of ADC materials listed in 27 CCR 20690(b) do not require a demonstration project provided the ADC is used in accordance with the general requirements specified in 27 CCR 20690(a). However, if an operator proposes to use an ADC material not listed in 27 CCR 20690(b), or used differently than specified, a site-specific demonstration project is required. In the event a demonstration project is required, the proposal should include the information as requested in LEA Advisory No. 48. The demonstration project will be monitored and evaluated/inspected by EA Section staff to ensure the proposed ADC meets the minimum standards. Approval of ADC demonstration projects was delegated to the Deputy Director of the P&E Division by memorandum, dated June 13, 1994.

Prior to the on-going use of an ADC material, the EA Section will request that the operator file an RFI Amendment in accordance with 27 CCR 21665 to reflect the proposed change in operation. The RFI Amendment will be processed in the manner described in section 5.4.2. EA Section staff will follow the guidance provided in LEA Advisory No. 48 for ADC proposals.

8.2 EA Approvals, Determinations and Requirements

Title 14 and 27, CCR authorize the EA to approve, determine, or require specific actions with regard to an operation or facility. These sections of Title 27 and Title 14 usually include the language "as approved by the EA", "as determined by the EA", or "as required by the EA". In general, the approvals, determinations, and other requirements the EA is authorized to make are documented in the RFI. However, if the specific approval, determination, or requirement is not documented in the RFI, EA Section staff will notify the operator in writing of their approval, determination, or requirement for that particular section of Title 14 or 27.

8.3 Alternatives Under the Federally Approved State Program

Subtitle D of the Resource Conservation and Recovery Act allows the Director of an Approved State to approve alternative means of compliance with specific areas of 21 federal regulations. U.S. EPA approved the State of California's program, a joint effort of the CIWMB, SWRCB, Regional Water Quality Control Boards (SWRCB), and local enforcement agencies, on October 7, 1993.

Of the 21 total specified areas, the following ten areas fall under the SWRCB's responsibility: 

1. Locate in Wetlands {Code of Federal Regulations, Title 40, Part 258.12}
2. Locate within 200 feet of a Holocene Fault {258.13}
3. Use Alternative Designs {258.40(a)(1)}
4. Use 150 meters as Point of Compliance for Groundwater Monitoring {258.40(d)}
5. Use Alternative Schedule for Groundwater Monitoring {258.50(d)&(g)}
6. Modify Detection Groundwater Monitoring {258.54}
7. Modify Assessment Groundwater Monitoring {258.55}
8. Waive Remediation of Release of a Listed Chemical {258.57}
9. Use an Alternative Schedule for Corrective Action {258.58}
10. Waive Leachate Management {258.61}

Of the remaining 11 areas of flexibility, seven areas will be handled exclusively by the CIWMB and four areas will involve split jurisdictions between the CIWMB and SWRCB. The seven areas of flexibility exclusively within CIWMB jurisdiction are:

1. Use of Alternative Materials of Alternative Thickness other than Six Inches of Soil as Daily Cover {258.21(b)}
2. Waiver of the Daily Cover Requirement Due to Temporary Climatic Conditions {258.21(c)}
3. Use Alternative Schedule for Recording, Implementing a Remediation Plan, and Reporting Methane Gas Releases {258.23(c)(4)}
4. Use of an Alternative Location for Operating Record and Alternative Schedules for Recordkeeping and Notification Requirements {258.29(a)&(c)}
5. Extend the One Year Deadline for Beginning Closure {258.60(f)}
6. Extend the 180 Day Deadline for Completing Closure {258.60(g)}
7. Remove Deed Notation if All Wastes are Removed from a Facility {258.60(j)}

The remaining four areas of flexibility involve both the CIWMB and the SWRCB:

1. Extend Closure Date for Units that Cannot Comply with Location Restrictions {258.16}
2. Use of an Alternative Final Cover Design {258.60(b)}
3. Decrease Postclosure Care Period {258.61(b)(1)}
4. Increase Postclosure Care Period {258.61(b)(2)}

The first area in this group, extension of the closure date for units that cannot comply with location restrictions, is a true split jurisdiction. The CIWMB will handle the airport restriction and the SWRCB will handle the restrictions regarding floodplains and unstable areas. The other three areas, implementation of which would follow existing procedures, involve shared jurisdiction with the SWRCB and the RWQCBs.

In order to implement the areas of flexibility afforded to an approved state under the federal Subtitle D regulations, staff developed a generalized protocol (Word 97, 20 KB or Adobe Acrobat PDF, 12 KB) and a tracking form (Word 97, 21 KB or Adobe Acrobat PDF, 24 KB) for owners/operators to apply for any of the 11 areas of flexibility within the jurisdiction of the CIWMB. The form will be used to track the progress of each application and will be designed to interface with the CIWMB's computer database.

For facilities where alternatives have been previously approved under existing State regulations, EA staff will affirm that (1) the alternative is still desired by the owner/operator and (2) the alternative is in compliance with any revised state regulations. All applications for new alternatives utilizing the generalized protocol must be submitted to the EA Section. Once the decision has been made regarding the application, the applicant will be notified of the decision.

Table 8-1 identifies, for each of the areas of flexibility allowed under Subtitle D, whether or not a change to existing policy is necessary to implement the flexibility, the regulatory agency with jurisdiction, and the level of CIWMB decision making authority. The levels of authority reflect current levels of approval for comparable requests.

The Executive Director was delegated the authority to approve all alternatives allowed by Subtitle D except for the extension of closure dates for facilities that cannot make the required demonstrations regarding location restrictions. Decisions regarding the extension of the closure date for these facilities remain with the CIWMB.

Table 8-1

9. BILLING

9.1 Time Accounting
9.2 Fee Accountability Program
9.3 Base Fee Rate
9.4 Processing

9.4.1 EA Section Staff Duties
9.4.2 Accounting Office Duties

In accordance with PRC 43212 and 43310, the CIWMB may charge reasonable fees to the local governing body, a solid waste facility operator, or a solid waste enterprise to recover operation costs.

9.1 Time Accounting

EA Section staff bill for 100% of the hours spent conducting the EA duties. However, disposal sites inspected by the EA Section on an annual basis that require less than one hour of time during the fiscal year will not be billed. Inspections of these types of sites typically take between 15 to 30 minutes to check for postclosure land use changes. Experience has shown that it is not an efficient use of EA Section or Accounting Office staff's time to compile billing information and prepare subsequent invoices if less than one hour of staff time is spent inspecting (annually) a disposal site. Review of postclosure land use change proposals are considered billable hours.

9.2 Fee Accountability Program

Health and Safety Code Section 57001 requires the CIWMB to implement a fee accountability program to encourage more efficient and cost-effective operation of the programs for which the fees are assessed and to ensure that the amount of each fee is not more than is reasonably necessary. As part of this program, the EA Section committed to collecting data on actual time spent on specific tasks. This information is available from TAS.

9.3 Base Fee Rate

Guidance for the establishment of fee schedules is set forth in PRC 43212 and 43310. The base fee rate (i.e., dollar amount of the billing rate) is computed by the Administration & Finance Division as follows:

Definitions of key terms:

a = Permitting and Enforcement Division Annual Budgeted Costs
b = CIWMB Members + Executive Office Annual Budgeted Costs
c = Legal Office Annual Budgeted Costs
d = Administration & Finance Division Annual Budgeted Costs

• Supporting Division Percentage = SD% = # of P&E Div. staff/# of Total CIWMB staff
• Grand Total Cost = a + (b x SD%) + (c x SD%) + (d x SD%) 
• [# field staff ^[I] x billable hours ^[II] (1659)] = Total Billable Hours
• Grand Total Cost ^[III] / Total Billable Hours = Base Fee Rate

Mileage, transportation, and per diem are add-on costs to the base fee rate on an as-incurred basis.

9.4 Processing

The EA Section prepares billing information for each quarter and forwards this information to the Administration & Finance Division to prepare invoices. Separate invoices are prepared and sent directly to each solid waste facility or disposal site owner/operator. Each quarterly bill includes the time costs, travel costs, and per diem. As of Fiscal Year 98/99, Enforcement Assistance Grants are no longer available to jurisdictions where the CIWMB is serving as the EA. 

9.4.1 EA Section Staff Duties

Step 1--Determine the number of hours spent on each of the facilities and sites in the County for the quarter. The total county time for the 1^st quarter of FY 00/01 was 31.39 hours. 

Step 2--Determine the percent of the total hours for each facility by dividing the subtotal hours of each facility by the total county hours.

Step 3--Compile the total number of hours spent on non-facility related tasks.  Non-facility time for the 1^st quarter of FY 00/01 was 17.50 hours.

Step 4--Compile the per diem and vehicle (miles) costs. 

The EA Section will provide the above information to the Accounting Office within 30 days following the respective quarter.

9.4.2 Accounting Office Duties

Step 6--Multiply facility/site hours by the billable rate. 

Step 7--Multiply the total non-facility related hours by the percent of total hours from Step 2.

Step 8--Multiply the total county travel costs by the percent of total hours from Step 2.

Step 9--Add results of Steps 6-8 to produce the Total Amount Due per facility/site.

Step 10--Prepare invoices and cover letter for each facility/site.

The Accounting Office forwards copies of their invoices to the EA Section. The EA Section will maintain a copy of the invoices in the "EA Section Billing Documents" binder for each fiscal year.

[I] The number of field staff is derived from the most recent organization chart as integrated waste management specialist, waste management engineer, associate waste management engineer and associate engineering geologist within the P&E Division.

[II] The number of billable hours is calculated from the State Administrative Manual available employee hours as 1779 hours less 3 weeks training per year. (1779 - 120 = 1659 billable hours)

[III] Cost amounts are derived annually from budgeted costs per division less travel, contracts and grant expenditures. All costs (i.e., supplies, overhead/indirect costs, etc.) are included in the cost amount identified.

10. Associated Programs

10.1 Overall Program Responsibility

10.1.1 Local Ordinances
10.1.2 Vehicle Information & Inspection Program

10.1.2.1 Vehicle Information
10.1.2.2 Inspections

10.1 Overall Program Responsibility

Although the activities of the EA Section are focused on the closure, enforcement, inspection, and permitting of solid waste facilities and operations and the characterization and inspection of CIA sites, we are responsible for the complete solid waste program within our jurisdictions. Beyond solid waste facilities and operations and CIA sites, other solid waste programs include:

• Compile local solid waste collection, handling, storage, and disposal statutes or ordinances.
• Solid waste handling and collection vehicle information and inspection programs.

10.1.1 Local Ordinances

In most cases, the EA Section does not have the direct authority to implement or enforce local ordinances. The EA Section has compiled the local solid waste collection, handling, storage, and disposal statutes and ordinances for each jurisdiction. When made aware of a violation of a local statute or ordinance by way of a complaint, inspection, referral, etc., the EA Section will notify the local agency with the proper authority (e.g., public works or planning department).

10.1.2 Vehicle Information & Inspection Program

The purpose of a vehicle information and inspection program is to (1) maintain a list of companies/agencies that provide solid waste collection services within a jurisdiction and (2) inspect equipment used for solid waste collection. Since the vehicle information and inspection program may vary from jurisdiction to jurisdiction, based on a local agency's role, the process by which the EA Section will maintain the list of companies and inspect vehicles is described separately for each jurisdiction. In the event a new jurisdiction is undertaken by the CIWMB, the EA Section will update the EASE accordingly.

10.1.2.1 Vehicle Information

Stanislaus County

Solid waste collection vehicle information is maintained by the Stanislaus County Department of Environmental Resources. The EA Section is not responsible for maintaining vehicle information.

Santa Cruz County

EA Section staff is aware of four solid waste collection agencies in the county:  Waste Management of Santa Cruz, City of Santa Cruz, City of Watsonville, and University of Santa Cruz. The following information for each collection agency is maintained: the name, address, telephone number, emergency telephone number, the types of vehicles, and the types of material authorized for handling {14 CCR 17332}.

City of Berkeley

EA Section staff is aware of one solid waste hauling agency in the City of Berkeley: The City of Berkeley, Solid Waste Management Division. The following information for the collection agency is maintained: the name, address, telephone number, emergency telephone number, the types of vehicles, and the types of material authorized for handling {14 CCR 17332}.

City of Paso Robles

Solid waste collection vehicle information is maintained by the San Luis Obispo County Public Health Agency, Division of Environmental Health. The EA Section is not responsible for maintaining vehicle information.

City of Stockton

Solid waste collection vehicle information is maintained by the San Joaquin County Public Health Services, Environmental Health Division. The EA Section is not responsible for maintaining vehicle information.

10.1.2.2 Inspections

Stanislaus County

The solid waste vehicle inspection program is managed by the Stanislaus County Department of Environmental Resources, pursuant to county ordinance. The EA Section does not inspect collection vehicles in Stanislaus County. Complaints received by EA Section staff regarding solid waste collection vehicles will be referred to the Department of Environmental Resources.

Santa Cruz County

According to the Santa Cruz County Environmental Health Department (former LEA), no inspection program for solid waste collection vehicles is or ever was implemented by their department. The health department has indicated that the agency responsible for such inspections is the California Highway Patrol (CHP).  The contact at the CHP is Mr. Steve Anderson (831-662-0511). Inspections are conducted by the CHP on a 24-month cycle for safety requirements and driving records. Copies of the inspection reports can be obtained upon request through either the CHP or respective fleet manager. In addition, drivers are required to conduct daily inspections of their vehicle and records are available upon request.

EA Section staff will inspect vehicles on a complaint basis. However, if unsanitary conditions of a vehicle are observed while at a solid waste facility (at the time of an inspection of a solid waste facility) or while on the road within the jurisdiction, EA Section staff will document the vehicle number, contact the fleet manager, and schedule an inspection. At the time of the inspection, a Solid Waste Vehicle Inspection Form (Word 97, 39 KB or Adobe Acrobat PDF, 52 KB) will be completed and a copy given to the fleet manager with required actions, if any. The inspection will only review and evaluate those aspects of waste collection vehicles and practices which fall within the CIWMB’s authority.

City of Berkeley

EA Section staff will inspect vehicles on a complaint basis. However, if unsanitary conditions of a vehicle are observed while at a solid waste facility (at the time of an inspection of a solid waste facility) or while on the road within the jurisdiction, EA Section staff will document the vehicle number, contact the fleet manager, and schedule an inspection. At the time of the inspection, a Solid Waste Vehicle Inspection Form (Word 97, 39 KB or Adobe Acrobat PDF, 52 KB) will be completed and a copy given to the fleet manager with required actions, if any. The inspection will only review and evaluate those aspects of waste collection vehicles and practices which fall within the CIWMB’s authority.

City of Paso Robles

The solid waste vehicle inspection program is managed by the San Luis Obispo County Public Health Agency, Division of Environmental Health, pursuant to county ordinance. The EA Section does not inspect collection vehicles in the City of Paso Robles. Complaints received by EA Section staff regarding solid waste collection vehicles will be referred to the Division of Environmental Health.

City of Stockton

The solid waste vehicle inspection program is managed by the San Joaquin County Public Health Services, Environmental Health Division, pursuant to county ordinance. The EA Section does not inspect collection vehicles in the City of Stockton. Complaints received by EA Section staff regarding solid waste collection vehicles will be referred to the Environmental Health Division.

Last updated: April 18, 2008