1. California Integrated Waste Management Board Special Board Meeting CONSIDERATION OF BOARD ACTION OVER MADERA COUNTY LEA Sacramento, CA October 3, 2005 www.ciwmb.ca.gov

2. California Integrated Waste Management Board 2 PRC section 43207 “No local governmental department or agency, or any employee thereof, which is the operating unit for a solid waste handling or disposal operation shall be the enforcement agency, or an employee thereof, for the types of solid waste handling or disposal operation it conducts unless authorized by the board to act in that capacity.” (emphasis added) Agenda Item 1 Board Action – Madera LEA

3. California Integrated Waste Management Board 3 Title 14 CCR  18011(a)(16) and (17): “(LEA) means an enforcement agency with board certification(s) totally separate from the operating unit(s) of the local governing body. …  18051(d): “An organizational chart documenting the separation of the designated agency from public agencies or departments that are the operating units Agenda Item 1 Board Action – Madera LEA

4. California Integrated Waste Management Board 4 Madera Approved Structure B of S CAO Eng & GSEnv Health Multiple Agencies and Departments Contract Operator LEA Agenda Item 1 Board Action – Madera LEA

5. California Integrated Waste Management Board 5 Madera Creates RMA  Created RMA, included Engineering and Environmental Health Departments within new agency  CIWMB concerns: – LEA and Contract Operator in same agency Agenda Item 1 Board Action – Madera LEA

6. California Integrated Waste Management Board 6 Madera New RMA (unapproved) Agenda Item 1 Board Action – Madera LEA B of S CAO Multiple Agencies and Departments RMA (Single agency) 2 other depts Eng & GSEnv Health Contract Operator LEA

7. California Integrated Waste Management Board 7 Madera Proposed Structure (1)  Placed LEA duties under CAO  CIWMB concerns: – LEA physically located with DEH – How would CAO supervise LEA? Agenda Item 1 Board Action – Madera LEA

8. California Integrated Waste Management Board 8 Madera Proposed Structure (1) Agenda Item 1 Board Action – Madera LEA B of S RMA (single agency) Multiple Agencies and Departments LEA duties Env Health (Physical location of LEA) 4 other Departments Contract Operator CAO

9. California Integrated Waste Management Board 9 Madera Proposed Structure (2)  Same Structure but proposed ordinance language to expressly place LEA supervision with CAO: “LEA functions will not be within the RMA but will remain subject to oversight and supervision by the CAO.” Agenda Item 1 Board Action – Madera LEA

10. California Integrated Waste Management Board 10 Madera Proposed Structure (2) Agenda Item 1 Board Action – Madera LEA B of S RMA (single agency) CAO Multiple Agencies and Departments LEA (not full PY) Env Health4 other Depts Contract Operator

11. California Integrated Waste Management Board 11 Follow-up Communications  CIWMB: potentially OK, but… – Physical location still an issue – New issue of <1 full time REHS for LEA – Part of LEA staff would still be DEH staff  Madera Concerns: – Need for efficiency – CAO concern about supervising LEA – Assert RMA equivalency to CAO Agenda Item 1 Board Action – Madera LEA

12. California Integrated Waste Management Board 12 Madera Proposed Structure (3)  Placed LEA back in DEH under RMA, but removing RMA director ability to hire and fire  CIWMB concerns: – Inconsistent with statute and regulations because Operating Unit and LEA both in same agency – Inadequate staffing Agenda Item 1 Board Action – Madera LEA

13. California Integrated Waste Management Board 13 Madera Current Structure(3) (unapproved LEA) Agenda Item 1 Board Action – Madera LEA B of S CAO Multiple Agencies and Departments RMA (Single agency) 2 other depts Eng & GSEnv Health Contract Operator LEA

14. California Integrated Waste Management Board 14 Title 14 CCR 18072. Technical Expertise. (a) Performance of permitting, inspection, and enforcement duties and responsibilities of comprehensive solid waste enforcement issues shall reside solely within an LEA. The LEA shall have one or more full time staff members dedicated solely for solid waste issues. Agenda Item 1 Board Action – Madera LEA

15. California Integrated Waste Management Board 15 Staff Resources Issue  Current regulations require: – One full-time staff for jurisdictions > 80,000 – Provides for fully trained & dedicated staff – Last amended 2003  Madera 4/04 letter indicated < 1 full-time Agenda Item 1 Board Action – Madera LEA

16. California Integrated Waste Management Board 16 Options for Board Action Per Regulations 1. Assume responsibility for specified duties 2. Conduct more inspections, evaluations 3. Establish probationary schedule for improved performance 4. Withdraw Board’s approval of LEA designation 5. Implement any other measures  Note: 1 and 2 do not deal with core issues Agenda Item 1 Board Action – Madera LEA

17. California Integrated Waste Management Board 17 Staff Recommendation  Relevant options on pages 1-2 of item  Staff recommends Option 1, withdrawing designation approval and decertifying  If County willing to reconsider, staff would instead recommend Option 2, establishing schedule and probationary period Agenda Item 1 Board Action – Madera LEA

18. www.ciwmb.ca.gov