august 9 - agenda

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/CorrectApplication & Timelines Panel

LTV PolicyLF GasLF Gas and F/A in relation to the LTV Policy

LTV PolicyPanel

•Introduction•Summary of July 11th Workshop•Overview

Next Steps Next Steps

cess Agenda Review

Process Steps CIWMB ReviewBoard ActionPermit Issuance

August 9

Issue DiscussionPermit Enforcement

Policy (PEP)Financial Assurances (F/A) and Permit ActionComplete/CorrectTimeframesLong-term Violation (LTV) PolicyLandfill Gas and Land Acquisition

August 9 - Agenda

PEP Policy Options(Permit Enforcement Policy)

Workshop Issues

Discussion

Board Action

Permit Issuance

LTV PolicyPanel

cess PEP - Background

1987 - Board direction to address outdated permits Resulting program identified reasons for outdated

permits 1990 - Permit Enforcement Policy developed to

address problems Board adopted policy in November 1990 Policy makes clear that all permits have limits Exceeding limits is a violation requiring

enforcement action Policy applies only to permit violations

cess PEP - Use of Policy

Between 1990 and 1999 approximately 60 operators were issued a notice and order because of violations in the terms and conditions of the permit 46 -- tonnage

7 -- hours of operation

4 -- no permit

2 -- expansion

1 -- change in type of operation, i.e., cut & fill to area The policy continues to be used by LEAs to

address problems with pre-1988 permits 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

cess 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

cess 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.

(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

Discussion

Board Action

Permit Issuance

LTV PolicyPanel

Discussion

August 9 - Agenda

Workshop Issues

Next Steps

Discussion

Board Action

Permit Issuance

LTV PolicyPanel

August 9 - Agenda

Workshop Issues

Discussion

Board Action

Permit Issuance

LTV PolicyPanel

cess 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

cess Permit Application Package

Review Process

Board Staff Reviews Package

Board Action (44009)

LEA Issues Permit

Review Process

cess 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

Review Process

cess 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

Workshop Issues

Discussion

Board Action

Permit Issuance

LTV PolicyPanel

Review Process

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

Preliminary - provide basis for cost estimate for closure and postclosure maintenance

Final - provide cost estimate, detailed plan and schedule for closure and postclosure maintenance

CLOSURE PLANS

Closure Plan - Due Dates

Preliminary - with application for permit review or revision or new SWFP

Final - 2 years prior to anticipated closure date

Closure Plan - Approval Process

Complete - all areas are addressed although not necessarily adequately

Approvable - all areas are addressed adequately, including– Financial Assurances– CEQA (final plans only)

Closure Plan - Permit Action

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

Closure Plan - Review Process

LEA/RWB review for complete/approvable CIWMB reviews (30-day limit) after LEA

& RWB have determined plan approvable– Exception - if LEA, RWB, and/or operator

requests earlier CIWMB review Pre 1220 - CIWMB coordinated review at

all stages

Closure Plan - Permit Issues

Revised/Amended/Updated closure plans not submitted with permit review or revision or new permit

CIWMB staff do not review closure plan for determination of appropriateness of cost estimates for financial assurance requirements

FINANCIAL ASSURANCES

Coverage Requirements Acceptable Mechanisms Flow Charts of Process

Coverage Requirements Closure and postclosure maintenance

– Total estimated costs Corrective action for known or reasonably

foreseeable releases– Total estimated costs

Operating liability– $1,000,000 per occurrence per site (cap of

$5,000,000 annual aggregate)

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

Acceptable Mechanisms

The trust fund, enterprise fund, surety bond, letter of credit, and insurance may be used for all coverage types

The means test for postclosure, operating liability and corrective action only(private only)

Self-Insurance for operating liability only The pledge of revenue and local government means

test for postclosure and corrective action only The federal certification for closure and postclosure

FAS Review in Conjunction with Plan Review

YES NO

FAS review forfinancial assurance

demonstration

Plan review by LEAand RWQCB for

completeness

LEA and RWQCB receive planand request FAS review

LEA and RWQCBdetermine completeness(all other aspects of plan

also considered)

Plan approved (all otheraspects of plan also

considered)

Mechanism?

Adequate?

FAS reviewfinancial assurance for

adequacy

Financial Assurance Review in Conjunction with Permit Review

YES NO

Permit application received-LEA request FAS review

LEA submits permitto CIWMB

CIWMB review forconcurrence

FAS review foradequacy of mechanism

LEA review for completenessand correctness

FAS review foradequacy of mechanism

Adequate?

Financial Assurances Reviews

YES NO

FAS staff receives updatesfrom operator

FAS staff reviews data anddetermines adequacy of

financial assurancedemonstration

Notify operator ofdetermination

Adequate?

Financial Assurances Questions?

California Integrated Waste Management Board

Financial Assurances Section

Garth Adams, Manager (916) 255-0904

Richard Castle (916) 255-4173

Jonalyn Funk (916) 255-4052

Nancy Jestreby (916) 255-4009

Diana Vaughn-Thomas (916) 255-4045

www.ciwmb.ca.gov

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]

cess 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), 15091 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

Prepare Response to Comments

or FEIR

Certify FEIR or Adopt ND

Approve Project

File NOD

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

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

cess CIWMB Application Package

Processing - Standardized PermitBoard Staff Review of Application Package:

•Evaluate application package submitted by the EA for compliance with requirements 14 CCR 18105.5

•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.

Review Process

Processing- Board Role PRC 44009

•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

Processing- Board Role PRC 44009 (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.

cess CIWMB Application Package Processing-

Board Role PRC 44009 (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

Review Process

LEA Issues Permit

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

Workshop Issues

Discussion

Board Action

Permit Issuance

LTV PolicyPanel

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

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

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

LEA forwards to CIWMB:

•Proposed permit

•Application package

•Certification that permit package is complete and correct

•Additional items per T 27, Section 21650 [f (4) - (7)]

•CIWMB has 60 days to concur or object to the issuance of the 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, 2000

•60 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: 10 - 15 Days

Example of CIWMB Permit Review “Crunch Time”

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 CIWMBCIWMB has only

30 days to concur or deny

Example of CIWMB Review “Crunch Time” for a Standardized

Permit

Permit Received: August 9, 2000

30 Day Deadline: Sept 8, 2000

Options:

•Work with LEA & Operator to hold the permit or waive the timelines

•Special Board Meeting

cess 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-

Potential Solutions

Redefine in regs “complete & correct” Training for LEAs & operators Develop common expectations Letter to LEAs & operators explaining

timelines Develop regs to incorporate CIWMB ability

to accept or reject application packages

Potential Solutions (Continued)

Define in reg when a package is “received by CIWMB to start 60-day clock

Address this issue only by evaluating LEA performance

Encourage LEAs to accept packages only on certain days that align with the 120-day clock

August 9 - Agenda

Workshop Issues

Discussion

Board Action

Permit Issuance

LTV PolicyPanel

Complete/Correct and

Timelines Panel

Discussion

August 9 - Agenda

Workshop Issues

Next Steps

Discussion

Board Action

Permit Issuance

LTV PolicyPanel

August 9 - Agenda

Workshop Issues

Discussion

Board Action

Permit Issuance

LTV PolicyPanel

LANDFILL GAS (LFG)

The Basics &

The Issue of Achieving Compliance Through Land Acquisition

ANAEROBIC REACTION

Anaerobic Bact.

(C6H1005)n + nH20 3nCH4 + 3nC02

COMPOSITION OF LFG

CO2-45%

Methane-55%

Trace-1%

TYPICAL LANDFILL GAS GENERATION PATTERN

TYPICAL TRACE GASSESHydrogen Sulfide H2SAmmonia NH3Vinyl Chloride C2H3CLBenzene C6H6Methylene Chloride CH3CLTrichloroethylene C2HCL3

Magnitude of Molecular Concentrations 1 ppm = 1 red half inch diameter marble in

a box 4 ft x 4 ft x 4 ft filled with white marbles

1 ppb = 1 red marble in a room 40 ft wide x 40 ft long and 40 ft high.

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 (600F& 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

0% LEL

LEAN EXPLOSIVE RICH

100% LEL

0% 100%GAS

LEL15%

METHANE FLAMMABILITY RANGE

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. 20919.5 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

Board adopted long-term violation (LTV) policy inJuly 1994

Initially intended for use when Board served as theEnforcement Agency

No threat to public health and safety or theenvironment

More than 90 days to fully correct or remediate.

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

Workshop Issues

Discussion

Board Action

Permit Issuance

LTV PolicyPanel

Long Term Violation

Panel Discussion

August 9 - Agenda

Workshop Issues

Next Steps

Discussion

Board Action

Permit Issuance

LTV PolicyPanel

General Testimony

august 9 - agenda

complyswf permit processaugust

violation ltv policy

violation policy ciwmb

control systemtuning

gas levels

enforcement order

public health

landfill property boundary

Documents

august 14 2012 complete agenda

august 20, 2013 agenda packet

agenda – august 13, 2013

boe agenda august 26 2014

tuesday, august 9, 2016 6:00 pm naaknigewgamig agenda

alex agenda - august 2014

august 2021 agenda

august 19th complete agenda

disposition august 2021 agenda

agenda- august 20, 2013

houston agenda, august 1993

new member agenda *all times are eastern time zone€¦ ·...

agenda aout -...

august 7, 2019 city council briefing agenda …...city...

agenda august 12 2013

9 september agenda and august approved minutes · the...

august 5 2013 complete agenda

agenda: august 31, 2020 - toronto€¦ · agenda: august...

agenda 2016 possibletimechange - amazon s3 · agenda is...

cpuc public agenda 3443 thursday, august 1, 2019...