August 9 - Agenda PEP Policy (Permit Enforcement Policy ) Workshop Issues PEP Policy Options Panel Next Steps Application Requirements (Laundry List) Discussion  CIWMB Review Process  Board Action  Permit Issuance Complete/ Correct Application & Timelines Complete/Correct Application & Timelines Panel  LTV Policy  LF Gas  LF Gas and F/A in relation to the LTV Policy LTV Policy Panel Introduction Summary of July 11th Workshop Overview Next Steps

Agenda Review Process Steps CIWMB Review Board Action Permit Issuance August 9 Issue Discussion Permit Enforcement Policy (PEP) Financial Assurances (F/A) and Permit Action Complete/Correct Timeframes Long-term Violation (LTV) Policy Landfill Gas and Land Acquisition

August 9 - Agenda PEP Policy Options (Permit Enforcement Policy ) Workshop Issues PEP Policy Options Panel Application Requirements (Laundry List) Discussion  CIWMB Review Process  Board Action  Permit Issuance Complete/ Correct Application & Timelines Complete/Correct Application & Timelines Panel  LTV Policy  LF Gas  LF Gas and F/A in relation to the LTV Policy LTV Policy Panel Introduction Summary of July 11th Workshop Overview

PEP - Background n Board direction to address outdated permits n Resulting program identified reasons for outdated permits n Permit Enforcement Policy developed to address problems n Board adopted policy in November 1990 n Policy makes clear that all permits have limits n Exceeding limits is a violation requiring enforcement action n Policy applies only to permit violations

PEP - Use of Policy n Between 1990 and 1999 approximately 60 operators were issued a notice and order because of violations in the terms and conditions of the permit tonnage 7 -- hours of operation 4 -- no permit 2 -- expansion 1 -- change in type of operation, i.e., cut & fill to area n The policy continues to be used by LEAs to address problems with pre-1988 permits n The policy has been applied by some LEAs to facilities with permits issued after 1990

PEP -- Options 1)No change, maintain current policy 2)Abolish current policy 3)Further define the criteria for EA consideration in determining compliance timeframes 4)Keep policy with changes 5)Make changes as directed by the Board

PEP Options -- Continued Option 1. No Change, maintain current policy. Option 2. Abolish current policy. Option 3. Further define the criteria for EA consideration in determining compliance timeframes: A hardship or if other compelling reasons exist to maintain the facility design or operation which cause the permit violation -Change in infrastructure -Sole or regional facility in the jurisdiction(s)

All other waste management alternatives were considered and none would relieve the problem -Send waste to another facility -Increase recycling -What did the LEA analyze for this consideration? PEP Options -- Continued

The costs and benefits to public health and environment were thoroughly considered for each alternative -Cost of transportation -Facility remains in compliance -Reduce revenues

The facility design and operation which cause the permit violation pose a threat to the environment or to public health and safety (Example: vertical expansion versus gas violations where gas generation would increase) -CEQA limitations -Complaints - Inspections/violation of State Minimum Standards - Serious threat/;injury/death - Other agency consultation PEP Options -- Continued

The facility design and operation which cause the permit violation are consistent with local planning objectives -Waste increase projections have been accounted for in RFI, etc. -Consistent with General Plan/CIWMP -Meet diversion goals

PEP Options -- Continued Option 4. Keep With Changes: Clarify that PEP shall not be used to allow for changes that have not occurred Allow LEA to issue Notice and Order for Permit violations only. Time period for correction is limited to 180 days, (the current regulatory permit processing timeframe). If the permit is not revised in the 180 day time period, the facility must revert to the original permit terms and conditions. A public hearing would be held to notify the public of the new terms and conditions.

PEP Options -- Continued (Option 4 continued) Issue a N&O allowing the facility to operate under limits established by CEQA until the permit is revised, however long this may take Option 5. Make changes as Directed by the Board.

August 9 - Agenda PEP Policy Options (Permit Enforcement Policy ) Workshop Issues PEP Policy Options Panel Application Requirements (Laundry List) Discussion  CIWMB Review Process  Board Action  Permit Issuance Complete/ Correct Application & Timelines Complete/Correct Application & Timelines Panel  LTV Policy  LF Gas  LF Gas and F/A in relation to the LTV Policy LTV Policy Panel Introduction Summary of July 11th Workshop Overview

PEP Policy Options Panel Discussion

August 9 - Agenda PEP Policy (Permit Enforcement Policy ) Workshop Issues PEP Policy Options Panel Next Steps Application Requirements (Laundry List) Discussion  CIWMB Review Process  Board Action  Permit Issuance Complete/ Correct Application & Timelines Complete/Correct Application & Timelines Panel  LTV Policy  LF Gas  LF Gas and F/A in relation to the LTV Policy LTV Policy Panel Introduction Summary of July 11th Workshop Overview

August 9 - Agenda PEP Policy (Permit Enforcement Policy ) Workshop Issues PEP Policy Options Panel Application Requirements (Laundry List) Discussion  CIWMB Review Process  Board Action  Permit Issuance Complete/ Correct Application & Timelines Complete/Correct Application & Timelines Panel  LTV Policy  LF Gas  LF Gas and F/A in relation to the LTV Policy LTV Policy Panel Introduction Summary of July 11th Workshop Overview

Permit Process Operator Submits Permit Application Package LEA Reviews Application Package LEA Writes and Submits Proposed Permit Board Concurs or Objects to Proposed Permit LEA Issues Permit

Permit Application Package Review Process Operator Submits Permit Application Package LEA Reviews Application Package Board Staff Reviews Package Board Action (44009) LEA Issues Permit

Permit Application Package Review Process Operator Submits Permit Application Package

Application Package - Operator Submittal “Laundry List” *Application Form *Report of Facility Information (RFI) *CEQA Information *Conformance Finding (w/ Waste Management Plan) *Owner/Operator Certification Land use and/or conditional use permits For Disposal sites –Preliminary Closure/Postclosure Plans –Financial Assurance Mechanism –Operating Liability * Standardized also

Permit Application Package Review Process Operator Submits Permit Application Package LEA Reviews Application Package

Permit Package - LEA Submittal “Laundry List” *Copy of proposed permit *Accepted application package Certification that package is complete/correct Compliance with RWQCB orders if applicable *Written public comments Permit review report *CEQA consistency or status of CEQA compliance * Standardized also

August 9 - Agenda PEP Policy (Permit Enforcement Policy ) Workshop Issues PEP Policy Options Panel Application Requirements (Laundry List) Discussion  CIWMB Review Process  Board Action  Permit Issuance Complete/ Correct Application & Timelines Complete/Correct Application & Timelines Panel  LTV Policy  LF Gas  LF Gas and F/A in relation to the LTV Policy LTV Policy Panel Introduction Summary of July 11th Workshop Overview

Permit Application Package Review Process Operator Submits Permit Application Package LEA Reviews Application Package Board Reviews Package

CIWMB Application Package Processing -Full Permit Board Staff Review of Application Package: Evaluate application package for compliance with requirements 27 CCR 21685: Complete and Correct Report of Facility Information, certified by the EA EA’s Five Year Permit Review Report EA’s Proposed Permit Conformance Finding Determination-PRC 50001

CIWMB Application Package Processing-Full Permit (Continued) Board Staff Review of Application Package: Documentation that the Preliminary or Final Closure/Post Closure Maintenance Plan has been deemed complete, if applicable Land Use / Conditional Use Permits, if applicable Documentation of Financial Assurances for Closure, if applicable Documentation of Operating Liability EA finding that CEQA supports the application package

- Purpose n Preliminary - provide basis for cost estimate for closure and postclosure maintenance n Final - provide cost estimate, detailed plan and schedule for closure and postclosure maintenance CLOSURE PLANS

Closure Plan - Due Dates n Preliminary - with application for permit review or revision or new SWFP n Final - 2 years prior to anticipated closure date

Closure Plan - Approval Process n Complete - all areas are addressed although not necessarily adequately n Approvable - all areas are addressed adequately, including –Financial Assurances –CEQA (final plans only)

Closure Plan - Permit Action n Closure Plan only needs to be deemed ‘complete’ for permit action - new, revised, review

Closure Plan - Review Process n LEA/RWB review for complete/approvable n CIWMB reviews (30-day limit) after LEA & RWB have determined plan approvable –Exception - if LEA, RWB, and/or operator requests earlier CIWMB review n Pre CIWMB coordinated review at all stages

Closure Plan - Permit Issues n Revised/Amended/Updated closure plans not submitted with permit review or revision or new permit n CIWMB staff do not review closure plan for determination of appropriateness of cost estimates for financial assurance requirements

FINANCIAL ASSURANCES n Coverage Requirements n Acceptable Mechanisms n Flow Charts of Process

Coverage Requirements n Closure and postclosure maintenance –Total estimated costs n Corrective action for known or reasonably foreseeable releases –Total estimated costs n Operating liability –$1,000,000 per occurrence per site (cap of $5,000,000 annual aggregate)

Acceptable Mechanisms n Trust fund n Enterprise fund (public only) n Surety bond n Letter of credit n Insurance n Self-Insurance & Risk Management (public only) n Federal Certification n Means test (private only) n Local Government Means Test (public only) n Pledge of revenue agreement (public only)

Acceptable Mechanisms n The trust fund, enterprise fund, surety bond, letter of credit, and insurance may be used for all coverage types n The means test for postclosure, operating liability and corrective action only(private only) n Self-Insurance for operating liability only n The pledge of revenue and local government means test for postclosure and corrective action only n The federal certification for closure and postclosure

FAS Review in Conjunction with Plan Review

Financial Assurance Review in Conjunction with Permit Review

Financial Assurances Reviews

Financial Assurances Questions? California Integrated Waste Management Board Financial Assurances Section Garth Adams, Manager(916) Richard Castle(916) Jonalyn Funk(916) Nancy Jestreby(916) Diana Vaughn-Thomas(916)

CEQA

Board Authority and Responsibility Under Solid Waste and CEQA Statutes CIWMB Shall Concur or Object In Issuance or Revision of Solid Waste Facility Permit [PRC 44009(a)] CIWMB Must Review CEQA Documents Prior to Approval [CCR 15004(a)] CIWMB Must Make CEQA Findings Prior to Approval of SWFP [CCR 15096]

Board Responsibilities and Authority Under Solid Waste Statutes Purposes of Waste Management Act [PRC 40000(e) and PRC 40052] Shared Responsibilities [PRC 40001(a)] State (CIWMB) Oversight Responsibilities [PRC 40002] Priority for Environmental Protection [PRC 40051] Board Concurrence Required Prior to Issuance of Revision of SWFP [PRC 44009(a)]

Board Responsibilities and Authority Under CEQA Board Concurrence as a Discretionary Approval [CCR 15002(i)] Board Must Review CEQA Document Prior to Concurrence [CCR 15004(a)] Board is Required to Give Major Consideration to Preventing Environmental Damage [CCR, Section 15021] Board is Required to Adopt Objectives, Criteria, and Specific Procedures for the Administration of CEQA [CCR, Section 15022]

Board Responsibilities and Authority Under CEQA Board Unable to Delegate Review, Consideration, or Findings [CCR 15025] Board May Require Mitigations [CCR 15041] Board May Disapprove Projects to Avoid Impacts [CCR 15042] Board Authority and Requirements as a Responsible Agency [CCR 15096] Board Required to Make CEQA Findings [CCR 15096(h), and 15093] Board Required to File Notice of Determination [CCR 15096(i)]

LEAD AGENCY Prepare and Circulate NOEC for ND or NOP for DEIR Prepare IS/ND or IS/NOC for DEIR Prepare Response to Comments or FEIR Certify FEIR or Adopt ND Approve Project File NOD CIWMB Prepare Suggestions for Type of Document and CIWMB Information Review CEQA Document Prepare Comments CIWMB Staff Review of CEQA Document CIWMB Staff Review SWFP Make Final CEQA Recommendation Board CEQA Finding and SWFP Concurrence Decision File NOD LEA Prepare Suggestions for Type of Document and LEA Information Review CEQA Document Prepare Comments SWFP Application Received LEA Staff Review CEQA Document Prepare Proposed SWFP and Provide LEA CEQA Finding LEA SWFP Approval and Issuance File NOD

CIWMB Application Package Processing - Standardized Permit Board Staff Review of Application Package: Evaluate application package submitted by the EA for compliance with requirements 14 CCR Name and address of the EA and section authorizing eligibility for the standardized tier General facility description Facility information Operator information Report of Facility Information (RFI) CEQA compliance evidence or status of CEQA compliance Conformance finding (w/ Waste Management Plan) Check proposed permit for any terms or conditions not authorized by the standardized permit.

Permit Application Package Review Process Operator Submits Permit Application Package LEA Reviews Application Package Board Staff Reviews Package Board Action (44009)

CIWMB Application Package Processing- Board Role PRC Concur or object to permit within 60 days for a full permit or within 30 days for a standardized permit Reasons the Board may object: Permit is not consistent with state minimum standards Financial assurances for operating liability are inadequate Inadequate financial ability to provide for closure and postclosure

CIWMB Application Package Processing- Board Role PRC (Continued) Reasons the Board may object (continued): The EA has not provided the Board and the applicant with a copy of the proposed permit, at least 65 days in advance of issuance. The permit is inconsistent with standards adopted by the Board Special requirements for transformation facility: Objection to a permit must be transmitted to the EA.

CIWMB Application Package Processing- Board Role PRC (Continued) If the Board does not concur or object within 60 days, the permit can be issued on the 60th day. Exception: When a landfill operator is not in compliance with an enforcement order from the Regional Water Quality Control Board and all of the following conditions exist: The WDRs are pending review in a petition before the State Water Board The petition includes a request for a stay The Water Board has not taken action on the stay request

Permit Application Package Review Process Operator Submits Permit Application Package LEA Reviews Application Package Board Staff Reviews Package Board Action (44009) LEA Issues Permit

CIWMB Application Package Processing- Permit Issuance LEA role: The EA provides the Board and the applicant with a copy of the proposed permit, at least 65 days in advance of issuance; The permit is issued 120 days from the date the application is deemed complete; The EA issues the permit after the Board has concurred in the issuance; Within 15 days of issuing the permit the EA provides copy to the permittee;

August 9 - Agenda PEP Policy (Permit Enforcement Policy ) Workshop Issues PEP Policy Options Panel Application Requirements (Laundry List) Discussion  CIWMB Review Process  Board Action  Permit Issuance Complete/ Correct Application & Timelines Complete/Correct Application & Timelines Panel  LTV Policy  LF Gas  LF Gas and F/A in relation to the LTV Policy LTV Policy Panel Introduction Summary of July 11th Workshop Overview

Definition of Complete and Correct “Complete” means all requirements placed upon the operation of the SWF by statute, regulation and other agencies with jurisdiction have been addressed in the application package “Correct ” means all information provided by the applicant regarding the solid waste facility must be accurate, exact, and must fully describe the parameters of the solid waste facility. Title 27 SECTION 21563

Timelines to Process a Full Solid Waste Facility Permit Operator Application Submittal 150 days before a 5 year Permit Review is due; 150 days before an significant design or operational change; 150 days before opening new facility.

LEA Review and Submittal LEA has 30 days to determine if package is complete and correct. If yes, then LEA has 55 days to submit the package to CIWMB If no, then LEA rejects package and notifies applicant & CIWMB Timelines to Process a Full Solid Waste Facility Permit

Acceptance of Incomplete Application Applicant can request the EA accept an incomplete application package. If yes, EA notifies applicant. Applicant has 180 days to complete the package. If no, EA notifies applicant and CIWMB Timelines to Process a Full Solid Waste Facility Permit

LEA forwards to CIWMB : Proposed permit Application package Certification that permit package is complete and correct Additional items per T 27, Section [f (4) - (7)] CIWMB has 60 days to concur or object to the issuance of the permit.

Timelines to Process a Full Solid Waste Facility Permit CIWMB reviews the following : Proposed permit CEQA conformance Compliance with State Minimum Standards Report of Facility completeness F/A and Operating Liability Funding for Closure (if disposal site) Closure and Postclosure plans (if disposal site) 60 Days

Permit Received: August 9, Days Deadline: October 8, 2000 Board Meeting/ Hearing Date: September 19, 2000 Agenda Item Due to Deputy Director: August 21, 2000 Agenda Item Due to BAWDS: August 30, 2000 Staff Review Time: Days Example of CIWMB Permit Review “Crunch Time”

Timelines to Process a Full Solid Waste Facility Permit Solid Waste Facility Permit If concurred by CIWMB, EA issues the permit to the operator within 120 days of accepting the application as complete and correct.

Timelines to Process a Standardized Solid Waste Facility Permit Operator submits application to EA EA has 30 days to determine if complete and correct EA has 15 days to submit to CIWMB CIWMB has only 30 days to concur or deny

Example of CIWMB Review “Crunch Time” for a Standardized Permit Permit Received:August 9, Day Deadline:Sept 8, 2000 Options: Work with LEA & Operator to hold the permit or waive the timelines Special Board Meeting

Common Complete/Correct & Timelines Problems –Financial Assurance certification is missing – Proposed permit does not match CIWMP –Proposed permit is not consistent with the governing CEQA document –RFI is inadequate or incomplete –Inconsistencies between other submitted documents. –Portions of the application packet come in piece-meal

Potential Solutions n Redefine in regs “complete & correct” n Training for LEAs & operators n Develop common expectations n Letter to LEAs & operators explaining timelines n Develop regs to incorporate CIWMB ability to accept or reject application packages

Potential Solutions (Continued) n Define in reg when a package is “received by CIWMB to start 60-day clock n Address this issue only by evaluating LEA performance n Encourage LEAs to accept packages only on certain days that align with the 120-day clock

August 9 - Agenda PEP Policy (Permit Enforcement Policy ) Workshop Issues PEP Policy Options Panel Application Requirements (Laundry List) Discussion  CIWMB Review Process  Board Action  Permit Issuance Complete/ Correct Application & Timelines Complete/Correct Application & Timelines Panel  LTV Policy  LF Gas  LF Gas and F/A in relation to the LTV Policy LTV Policy Panel Introduction Summary of July 11th Workshop Overview

Complete/Corre ct and Timelines Panel Discussion

August 9 - Agenda PEP Policy (Permit Enforcement Policy ) Workshop Issues PEP Policy Options Panel Next Steps Application Requirements (Laundry List) Discussion  CIWMB Review Process  Board Action  Permit Issuance Complete/ Correct Application & Timelines Complete/Correct Application & Timelines Panel  LTV Policy  LF Gas  LF Gas and F/A in relation to the LTV Policy LTV Policy Panel Introduction Summary of July 11th Workshop Overview

August 9 - Agenda PEP Policy (Permit Enforcement Policy ) Workshop Issues PEP Policy Options Panel Application Requirements (Laundry List) Discussion  CIWMB Review Process  Board Action  Permit Issuance Complete/ Correct Application & Timelines Complete/Correct Application & Timelines Panel  LTV Policy  LF Gas  LF Gas and F/A in relation to the LTV Policy LTV Policy Panel Introduction Summary of July 11th Workshop Overview

LANDFILL GAS (LFG) The Basics & The Issue of Achieving Compliance Through Land Acquisition

ANAEROBIC REACTION Anaerobic Bact. (C 6 H ) n + nH 2 0 3nCH 4 + 3nC0 2

COMPOSITION OF LFG

TYPICAL LANDFILL GAS GENERATION PATTERN

TYPICAL TRACE GASSES Hydrogen SulfideH2S AmmoniaNH3 Vinyl ChlorideC2H3CL BenzeneC6H6 Methylene ChlorideCH3CL TrichloroethyleneC2HCL3

Magnitude of Molecular Concentrations n 1 ppm = 1 red half inch diameter marble in a box 4 ft x 4 ft x 4 ft filled with white marbles n 1 ppb = 1 red marble in a room 40 ft wide x 40 ft long and 40 ft high. n 1 ppt = 1 red marble in a building filled with with marbles, 400 ft wide x 400 ft long and 400 ft high,(approx. 40 stories)

Magnitude of Molecular Concentrations Approximately how many molecules of vinyl chloride are in one liter of air (60 0 F& 1 atm) if the concentration is 1 pptv? Answer: 25,400,000,000 molecules

MOVEMENT OF LFG UNDERGROUND Migration Mechanisms Direction of Movement Factors Effecting LFG Movement

PROBLEMS with LFG Safety Concerns Health Concerns Environmental Concerns -Vegetation and Crop Damage -Ozone Formation -Odor Nuisance -Greenhouse Effects -Limiting Land Value

STATE MINIMUM STANDARDS FOR LFG Inside on site structures: 1.25 % by volume in air At the permitted property boundary: 5.0 % by volume in air

LONG TERM VIOLATIONS Obtaining adequate funding Taking care of CEQA Ensuring an adequate monitoring is in place Obtaining adequate monitoring data Constructing the control system Tuning the control system

SYSTEMS FOR CONTROLLING LFG Active LFG control systems -Gas extraction systems -Air injection systems Passive LFG control methods

EVALUATING LFG AT THE LANDFILL PROPERTY BOUNDARY 27CCR Sec Explosive Gases Control Effect of distance on gas levels at property boundary

PERMITTED vs. FACILITY PROPERTY BOUNDARY California interpretation of property boundary Permit revision required Environmental review Land acquisition proposal

ENVIRONMENTAL ISSUES Water quality Air quality Land value Adjacent land

MAGNITUDE OF THE LAND ACQUISITION ISSUE IN CALIFORNIA

Long-Term Violation Policy

Long-Term Violation Policy (continued) CIWMB’s policy requires following findings: No threat to public health and safety and the environment LEA has prepared an enforcement order with compliance dates Operator has submitted an interim gas control plan Owner/Operator is making a “good-faith” effort

Financial Assurances & Long- Term Violation Policy Owners/Operators are required to provide financial assurance for closure/post-closure maintenance In February 2000, CIWMB concurred in permit where financial assurance was an issue CIWMB staff utilized the LTV policy until Board could analyze & discuss policy applicability

Financial Assurances & Long- Term Violation Policy CIWMB staff used following criteria: Landfill posed no immediate threat to public health and safety or the environment There was an active Stipulated Compliance Order which included a compliance schedule for the deficit Owner/Operator was making a “good-faith” effort to comply

August 9 - Agenda PEP Policy (Permit Enforcement Policy ) Workshop Issues PEP Policy Options Panel Application Requirements (Laundry List) Discussion  CIWMB Review Process  Board Action  Permit Issuance Complete/ Correct Application & Timelines Complete/Correct Application & Timelines Panel  LTV Policy  LF Gas  LF Gas and F/A in relation to the LTV Policy LTV Policy Panel Introduction Summary of July 11th Workshop Overview

Long Term Violation Panel Discussion

August 9 - Agenda PEP Policy (Permit Enforcement Policy ) Workshop Issues PEP Policy Options Panel Next Steps Application Requirements (Laundry List) Discussion  CIWMB Review Process  Board Action  Permit Issuance Complete/ Correct Application & Timelines Complete/Correct Application & Timelines Panel  LTV Policy  LF Gas  LF Gas and F/A in relation to the LTV Policy LTV Policy Panel Introduction Summary of July 11th Workshop Overview

General Testimony