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This document presents the findings from the June 14, 2010, public meeting held in Sacramento, CA, discussing local enforcement agency evaluations under the Waste Compliance Mitigation Program (WCMP). It details compliance trends, evaluation cycles, and specific findings regarding the duties fulfilled by enforcement agencies. Key issues include due diligence in inspections and compliance with regulatory requirements. The report aims to identify areas of improvement and foster discussions around effective enforcement mechanisms for waste management facilities in California.
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Waste Compliance Mitigation Program Discussion Of Local Enforcement Agency Evaluations Sacramento, CA June 14, 2010 MSW Facility Operations and Evaluations Branch www.calrecycle.ca.gov WCMP Public Meeting June 14, 2010
Evaluation Cycle Comparison Second Cycle Third Cycle Fourth Cycle • ■Fulfilling Duties • ■ Fulfilling Most Duties • ■ Work Plan WCMP Public Meeting June 14, 2010
LEA Evaluation ResultsCompliance Trends (Attachment 2) • 35 Fulfilled All Duties • 9 more than last (3rd) cycle • 9 Fulfilling “Most” Duties • 1 more than last cycle. • 11 Required Evaluation Workplans • 10 less than last cycle. • 5 required workplans in both cycles WCMP Public Meeting June 14, 2010
4rdCycle LEA Evaluation Findings • Finding 1: Failed to exercise due diligence in the inspections • 10 findings 4th Cycle • 15 findings 3rd Cycle • 21 findings 2nd Cycle • Finding 2: Intentionally misrepresented the results of inspections • 0 findings 4th Cycle • 1 findings 3rd Cycle • 0 findings 2nd Cycle WCMP Public Meeting June 14, 2010
4rdCycle LEA Evaluation Findings • Finding 3: Failed to prepare or caused to be prepared permits, permit revisions, or closureplans • 13 findings 4th Cycle • 17 findings 3rd Cycle • 21 findings 2nd Cycle • Finding 4: Approvedpermits, permit revisions, or closure plans which are not consistent with statute • 0 findings 4th , 3rd, 2nd Cycles • Finding 5: Failed to take appropriate enforcement action • 7 findings 4th Cycle • 9 findings 3rd Cycle • 10 findings 2nd Cycle WCMP Public Meeting June 14, 2010
4rdCycle LEA Evaluation Findings • Finding 6: Failed to comply with, or has taken actions actions inconsistent with, or unauthorized by statute or regulations • 0 findings 4th Cycle • 5 findings 3rd Cycle • 0 findings 2nd Cycle • Maintaining Certification Requirements: • 3 findings 4th Cycle • 14 findings 3rd Cycle • 10 findings 2nd Cycle WCMP Public Meeting June 14, 2010
Changes Since Last Cycle • The evaluation process has remained essentially the same cycle to cycle, except for: • Efficiencies to data gathering and verification process • LEAs are performing better and have more regulations to enforce, i.e. landfill gas regulations • CalRecycle staff are identifying potential issues early so that additional assistance can be provided before an issue becomes an LEA Evaluation Finding • CalRecycle staffing to identify issues early and to perform LEA Training and Assistance is critical to help LEAs address performance issues and maintain the positive trend. WCMP Public Meeting June 14, 2010
Comments & Questions WCMP Public Meeting June 14, 2010