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August 9 - Agenda

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

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August 9 - Agenda

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

  2. Agenda Review August 9 • Process Steps • CIWMB Review • Board Action • Permit Issuance • 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

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

  4. PEP - Background • 1987 - Board direction to address outdated permits • Resulting program identified reasons for outdated permits • 1990 - Permit Enforcement Policy developed to address problems • Board adopted policy in November 1990 • Policy makes clear that all permits have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

  5. 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

  6. 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

  7. 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)

  8. PEP Options -- Continued • 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?

  9. 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

  10. PEP Options -- Continued • 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

  11. 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

  12. 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.

  13. 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.

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

  15. PEP Policy Options Panel Discussion

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

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

  18. 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

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

  20. Permit Application Package Review Process Operator Submits Permit Application Package

  21. 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

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

  23. 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

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

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

  26. 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

  27. 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

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

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

  30. 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)

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

  32. 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

  33. 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

  34. FINANCIAL ASSURANCES • Coverage Requirements • Acceptable Mechanisms • Flow Charts of Process

  35. 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)

  36. 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)

  37. 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

  38. FAS Review in Conjunction with Plan Review

  39. Financial Assurance Review in Conjunction with Permit Review

  40. Financial Assurances Reviews

  41. 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

  42. CEQA

  43. 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]

  44. 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)]

  45. 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]

  46. 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)]

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

  48. 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 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.

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

  50. CIWMB Application Package 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

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