2. California Integrated Waste Management Board CIWMB Permitting And Enforcement Committee Discussion of Local Enforcement Agency Evaluations Sacramento, CA March 6, 2006 LEA Support Services Branch www.ciwmb.ca.gov

3. California Integrated Waste Management Board 2 Local Government as Enforcers AB 939 (and prior Statute) created LEAs as Board’s agent for solid waste enforcement CIWMB certifies each LEA CIWMB evaluates each LEA every 3 years Agenda Item 6

4. California Integrated Waste Management Board Program Responsibilities for LEAs 10,000 Inspection Reports 865 Active Sites – Permits 1500 Closed Sites, CIA and others Complaints, Enforcement Orders, Illegal Dumping, Haulers, Diversion Facilities CEQA input Agenda Item 6

5. California Integrated Waste Management Board 4 Basic Communication Structure CIWMB CCDEH Round Tables Environmental Health Department Director Local Enforcement Agencies BOS/Council LEA Program Manager Solid Waste Policy Committe e LEA Staff EAC Permitting and Enforcement Counties/Cities Agenda Item 6

6. California Integrated Waste Management Board 5 Environmental Health Dept. Roles and Responsibilities (REHS) LEA program Tire Enforcement Haz Waste or CUPA programs Food and Restaurant Programs Clean Drinking Water Pools, Septic Medical Waste Oversight Animal/Vector Control Emergency Response

7. California Integrated Waste Management Board 6 CIWMB Grant Assistance to LEAs $1.5 M Local Enforcement Agency Grant Program $6 M Waste Tire Enforcement Grant Program

8. California Integrated Waste Management Board 7 Partnership as The Wheel 1990 Regulation Changes – LEAs Certified 1992 First Steps with Evaluating LEAs 1995 Recognition of Issues 1996 Mutual Partnership Committee Formed 1997 First LEA/CIWMB Conference Commitment to establish formal training 1998 Fine Tuned Efforts in Evaluations Agenda Item 6

9. California Integrated Waste Management Board 8 Trend data on Violations

10. California Integrated Waste Management Board 9 Outside the Evaluation Performance Triggers Flag downward trends Offer assistance Continuous monitoring Improved communication If needed, deficiencies can be flagged for “out of cycle” evaluation

11. California Integrated Waste Management Board 10 First Evaluation Cycle Feedback - 1998 1.No positive aspects and strengths 2.No Emphasis on information, training, and assistance 3.Period not clearly identified, process time-consuming, cumbersome, bureaucratic 4.Concerns and old issues never brought to LEA’s attention 5.Political tool, threat, and statewide consistency concerns 6.Ignored the “big picture”, emphasized “minor” issues, created animosity 7.Inadequate communication between CIWMB P&E Branches themselves and the LEA Agenda Item 6

12. California Integrated Waste Management Board 11 Internal Adjustments 1 st cycle feedback Modified procedures 1998 Data driven evaluation Clear communication Web information Local Enforcement Agency Evaluation Home Page http://www.ciwmb.ca.gov/LEAEval Local Enforcement Agency Evaluation Home Page

13. California Integrated Waste Management Board 12 LEA Evaluations Evaluation staff find an LEA is not fulfilling its duties if: (PRC 43214) 1)The LEA has failed to exercise due diligence in inspections of SWF and disposal sites. 2)The LEA has intentionally misrepresented inspection results. 3)The LEA has failed to prepare, or cause to be prepared, permits, permit revisions, or closure and postclosure maintenance plans. Agenda Item 6

14. California Integrated Waste Management Board 13 LEA Evaluations 4) The LEA has approved permits, permit revisions, or closure and postclosure maintenance plans not consistent with Part 4 and Part 5 of PRC. 5)The LEA has failed to take appropriate enforcement actions. 6) The LEA has failed to comply with, or has taken actions that are inconsistent with, or unauthorized by statute and regulations. Agenda Item 6

15. California Integrated Waste Management Board Evaluation Timeframes Third cycle began in May 2003 projected to conclude in May 2006. (statute requires LEA evaluations once every three years) Fifty one (51) of fifty five (55) LEAs to be completed by May 2006. Four (4) at various steps in the process to conclude this summer. Duration of previous cycle (second cycle) of LEA evaluations approximately five years (January 1998 through December 2002). Agenda Item 6

16. California Integrated Waste Management Board 15 3 rd Cycle LEA Evaluation Findings  Failed to exercise due diligence in the inspection of solid waste facility (ies) and/or disposal site (s) {10}  Failed to prepare or caused to be prepared permits, permit revisions, or closure and postclosure maintenance plans {12}  Failed to take appropriate enforcement action {7}  Failed to comply with, or has taken actions actions inconsistent with, or unauthorized by statute or regulations {3} Agenda Item 6

17. California Integrated Waste Management Board 16 LEA Evaluation Results 3rd Cycle (48 complete) 54% 13% 33% Fulfilling Duties (54%) Fulfilling Most Duties (Findings) (13%) Evaluation Workplan (33%)

18. California Integrated Waste Management Board 17 Status of LEA Evaluation Workplans Completed – seven (7) LEAs completed workplans In-Progress – three (3) LEAs working towards meeting compliance dates established in workplans Under Development – six (6) LEAs developing workplans as a result of current evaluation cycle Agenda Item 6

19. California Integrated Waste Management Board 18 LEA Evaluation Results 2 nd Cycle (Completed 12/02) Agenda Item 6 50% 25% Fulfilling Duties (50%) Fulfilling Most Duties (Findings) 25% Evaluation Workplan (25%)

20. California Integrated Waste Management Board 19 LEA Program Assistance Collaboration with California Conference of Directors of Environmental Health (CCDEH) Sponsorship of Enforcement Advisory Council (EAC) Annual CIWMB/LEA Conference LEA Equipment Loan Program

21. California Integrated Waste Management Board 20 LEA Program Assistance Ongoing training, guidance and technical support SWIS database LEA network -- e-mail, Web, LEA Central Information Center, file transfers between CIWMB & LEAs Hardware, software, Internet service and technical assistance All LEA Emails, Advisories, FAQ webpages LEA Roundtables address local issues with Statewide implications

22. California Integrated Waste Management Board 21 Questions? Howard Levenson, Deputy Director Sharon Anderson, Manager, LEA Support Services Branch Gabe Aboushanab, Supervisor, LEA Program Assistance and Evaluation