Enforcement Advisory Council Meeting
Minutes: Enforcement Advisory Council Meeting—June 22, 2000
Chair: Ernie Genter
Introductions, Approval of Minutes for March 30, 2000, meeting.
Resolution 98-07 (AB 847 & Appliances)
Legislative change required to down-tier hazardous components to household hazardous waste. Eliot Block sent letter to the Department of Toxic Substances Control (DTSC) requesting change.
Trinity and Sierra counties are having problems with large metal piles due to difficulty in getting rid of metallic discards; greater impacts on rural counties.
Resolution 99-02 (Construction & Demolition Regulations and Workgroup)
No action. Other more urgent regulatory packages have taken precedence over these regulations. Put on hold.
Resolution 99-03 (Organics Workshop)
Issue resolved. No further action required.
Resolution 99-04 (Enforcement Regulations)
Stalemate with SWIG over whether violation' on inspection report can be appealed to Hearing Panel and ultimately the CIWMB.
Meeting with SWIG and CIWMB scheduled for next week to discuss the issue. Discussed e-mailing minutes of this meeting to EAC. Consensus was that a 'v' (violation) does not constitute an enforcement action.
Will probably be on July CIWMB agenda after Board members have been trained by staff re: permitting and enforcement issues. LEAs should be present to represent their views at this meeting.
Discussed possible changes to inspection report with language advising operator of local appeal process. Some discussion of local appeal processes outside of formal Hearing Panel, and these processes are found in Enforcement Program Plan. A roving state panel was suggested as a possible solution to hear v' disputes. CIWMB staff was interested in how various jurisdictions utilized their local hearing processes.
Resolution 99-08 (CEQA Resolution Continuation)
Staff have been added to the CEQA section of the Permitting & Enforcement Division. More attention can be given to this issue in the future.
Resolution 99-09 (10% and Source Separated "Advisory")
This proposal is still in the works. Staff are looking for examples for case studies of this issue to put into the advisory.
See discussion on Resolution 98-07 above.
Lisa Brown of CalEPA will be a presenter at the August LEA/CIWMB Conference.
Closed Sites/Burn Dump Issues
Julie Nauman updated the EAC on a recent meeting with DTSC and Water Board re: Advisory 56 and burn site jurisdiction:
- The meeting was productive and helped to clarify roles. No jurisdictional battle.
- DTSC regional offices and headquarters not reading off same page.
- Concerns about 2136 funds and DTSC were discussed.
- Advisory 56 is still in place. Not ready to pull it back.
- A workgroup is being formed to address this issue.
- 9 PYs have been budgeted for CIA program for:
- Inventory of closed sites
- Enforcement Assistance
- 2 year program to prioritize sites
- 2136 has become a revolving fund
Linda Moulton-Patterson, New Chair
Julie discussed recent meetings with new CIWMB Chair:
- Views Board as a policy body not administrative body.
- Local government background.
- Confident in staff's abilities. Won't micromanage.
- Wants to utilize consent calendar and delegation of items.
- Not leaning towards sub-committees.
- Will try to schedule meetings to accommodate local government travel schedules.
- Will speak at August conference.
- Concern with legalities of staff/Board member briefings.
- CIWMB Member Workshops (handout was distributed)
Inform Members of permitting process not a policy setting workshop. North and south LEAs are encouraged to attend and provide input.
EAC not to be abolished. Julie Nauman is not opposed to the existence of the EAC. Julie believes the EAC is effective. Needs to know status of things in the field. Does not advocate dissolving any of the advisory bodies.
EAC needs to let the CIWMB members know who they are, what they do and how they interface with CIWMB staff. California Conference of Directors of Environmental Health has been more visible than the EAC at the Board level.
LEAs don't speak with one voice.
Reorganization of Roundtable (RT)/TAC meetings discussed. No immediate change in structure was recommended.
Northern TAC/RTs are the same but like separate meetings. Use TACs for technical issues; RTs are for communication between CIWMB and LEAs.
Permit Desk Manual
John Whitehill will update LEAs at August Conference. Web page to be a permit writing toolbox that defines what applicant, LEA, CIWMB need to do with links and checklists.
CIWMB Organizational Chart is now available on the CIWMB web site.
Tire Monofills: Robert Holmes
2 phase process:
Phase one: technical standards for currently operating tire monofills incorporated into Title 27.
Phase two: commingled waste tire disposal to be addressed later.
EAC involvement in regulations? Contact Bob Holmes. Not a concern to many LEAs at this point.
Dr. Dana Humphries put together technical standards dealing with prevention of tire dump fires.
Brian Moss, Calavares County, LEA contact
CalEPA Enforcement/Inspector Training.
Initially a pilot project for CalEPA inspectors will branch out to LEAs in about two years. LEA enforcement approach was discussed vs. case building enforcement approach. CalEPA is big on enforcement.
Mike S. discussed "training the trainer" for authorization to conduct 8 hour refresher courses. Liability concerns about this were expressed.
Organic Recycling Regulation Workshops-Jeff Watson
1000 mailers were sent out to industry, chippers, grinders, composters, regulators, etc.
Attempt to get participants off their respective 'positions'. Get real interests into proposed regulations.
Discussion of odor 'minimization plan'; ministerial, adequate level of detail.
Point of compliance for odor. 'Agreement to Operate' ISO 14000 approach to permitting, compliance. Operating contract.
Cutting edge organics recyclers for possible site visits.
Legislative Audits-Laura Ronneberg
Audit of Sunshine Canyon due to citizen's complaints to legislators. May involve review of other expanding landfills around the state as points of comparison.
Resolution 00-03 Passed by vote of EAC members
To ask Board legal staff to review PRC § 44002 to determine whether this law has been repealed, still valid or needs to be re-introduced. Copies of Deerings analysis of the law was circulated
Next meeting: September 28, 2000
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