Jim Filbin Aggregates1 Jim Filbin Aggregates Facility No. 40-AA-0041 CIWMB Hearing Panel April 5,...

Jim Filbin Aggregates 1

Jim Filbin Aggregates Facility No. 40-AA-0041CIWMB Hearing Panel

April 5, 2006

• Located at 4398 Santa Fe Road, San Luis Obispo (APN 076-371-012)

• Owned by James P. & Carolyn J. Filbin

• Approximately 13 acres

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Jim Filbin Aggregates Location Map

Site


Background• July 1, 2004 – The CIWMB becomes the solid waste enforcement

agency for San Luis Obispo County per a Memorandum of Agreement.

• September 21, 2004 – Jeff Hackett of the CIWMB’s Enforcement Assistance Section visits the site to discuss the CIWMB's Construction and Demolition and Inert (CDI) Debris Transfer/Processing Regulatory Requirements contained in Title 14 CCR, Chapter 3, Article 5.9. Permission to inspect the site was not granted by the occupant.

• September 29, 2004 – Susan Markie, Supervisor of the CIWMB’s Enforcement Assistance Section sent a letter to Mr. Filbin requesting he contact CIWMB staff by October 15, 2004, to arrange for an inspection of the site to determine the permitting requirements and minimum operating standards.

• October 21, 2004 – Jeff Hackett conducts an aerial assessment of the site with the CHP to evaluate the types and extent of solid waste stored on the property.

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Jim Filbin Aggregates, Aerial Photo 10/21/04, photo by Jeff Hackett

Photo in Hearing Brief, Exhibit G

Santa Fe Rd

wash-out area

(concrete)

soil

concrete

concrete concrete

asphaltasphalt


Background Con’t• November 29, 2004 – Michael Bledsoe of the

CIWMB’s Legal Office sent a letter to Mr. Filbin requesting that he contact CIWMB staff by December 13, 2004, to coordinate an inspection or CIWMB staff will obtain an inspection warrant.

• January 27, 2005 – Michael Bledsoe sent a letter to Mr. Filbin as a follow up to a telephone conversation seeking consent to inspect the site. Consent was not granted.

• May 23, 2005 – An inspection warrant is obtained from the San Luis Obispo County Superior Court.


May 25, 2005 Inspection • Jeff Hackett and Susan Markie served the inspection warrant

to Mr. Filbin and proceeded to conduct an inspection of the property for compliance with 14 CCR, Chapter 3, Article 5.9 – Construction and Demolition and Inert Debris Transfer/ Processing Regulatory Requirements and Article 5.95 – Construction and Demolition Waste and Inert Debris Disposal Regulatory Requirements.

• At the time of the inspection, Mr. Filbin stated the following:– records of the materials received or removed are not

maintained;– concrete, asphalt, and soil have been received at the site

since December 1978; and – the Type A inert debris is not processed and removed on

any regular frequency.• Seven stockpiles of materials were measured (staff estimates

of 57,100+ yds of concrete, 23,100+ yds of asphalt, and 7,500+ yds of soil).


May 25, 2005 Inspection Con’t• Materials received within the jurisdiction of the

CIWMB are primarily concrete and asphalt, which are considered Type A inert debris as defined in 14 CCR 17381(k)(1).

• Type A inert debris was source separated, contained <10% residual, and <1% putrescible.

• There was no evidence that the Type A inert debris was being processed for resale or reuse:– No processing equipment on-site.– No stockpiles of processed material available for resale or

reuse.


Processing• 14 CCR 17381(v) – “Processing” means the

controlled separation, recovery, volume reduction, or recycling of solid waste including, but not limited to, organized, manual, automated, or mechanical sorting; chipping, grinding, shredding, or baling; the use of vehicles for spreading of waste for the purpose of recovery; and the use of conveyor belts, sorting lines or volume reduction equipment.

• The inert debris must be “processed” and sorted for resale or reuse (14 CCR 17381.1(e)(1)).

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Jim Filbin Aggregates, 5/25/05, photo by Susan Markie

Photo in Hearing Brief, Exhibit I

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Jim Filbin Aggregates, 5/25/05, photo by Susan Markie


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Jim Filbin Aggregates, 5/25/05, photo by Jeff Hackett


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Site Inspection Report and Notice of Violation (Hearing Brief, Exhibit I)

• Based on Jeff Hackett and Susan Markie’s observations and discussions with Mr. Filbin, Type A inert debris is not being processed and sorted for resale or reuse within six months of receipt and is a violation of 14 CCR 17381.1(e)(1) – Storage Time Limits.

• Site Inspection Report and Notice of Violation (NOV) were mailed to Mr. Filbin on June 24, 2005, requiring the following:

– Submit a compliance schedule by July 29, 2005, which included a date the owner/operator will begin to process for resale or reuse the existing stockpiles of Type A inert debris.

– Maintain records, including:• Type and quantity of inert debris received;• Documentation that inert debris is processed within six months of receipt; and• Documentation that processed materials are removed within 18 months of processing.

• Responsibility of the owner/operator to provide proof that the storage time limits are not exceeded.

• Type A inert debris not processed for resale or reuse within six months of receipt is deemed to have been unlawfully disposed and subject to enforcement action.


Follow-up to the Site Inspection Report and Notice of Violation

• August 23, 2005 and September 28, 2005 - Jeff Hackett observed the site from Santa Fe Road and noted that large stockpiles of asphalt and concrete had not been reduced in size.

• September 30, 2005 – CIWMB staff had not received any phone call, correspondence, or other communication from Mr. Filbin since transmittal of the Site Inspection Report and Notice of Violation on June 24, 2005.

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View of Jim Filbin Aggregates from Santa Fe Road on 9/28/05, photo by Jeff Hackett.


Notice and Order• Enforcement Agency Notice and Order EA-

2005-05 was prepared and mailed to Mr. Filbin on October 3, 2005, for violations of 14 CCR 17381.1(e)(1) – Storage Time Limits and PRC 44002 – Operating Without A Permit. The Notice and Order required Mr. Filbin to:– immediately cease and desist from accepting any

Type A inert debris; – begin processing the existing stockpiles of Type A

inert debris by November 15, 2005, and complete processing by February 15, 2006; and

– Submit monthly status reports to the CIWMB on the type and quantity of Type A inert debris processed each month.


• October 18, 2005 – Jeff Hackett posted a true and correct copy of Notice and Order EA-2005-05 on the front gate (entrance) to Jim Filbin Aggregates.

• November 3, 2005 – CIWMB Legal Office received an appeal notice from Mr. Filbin, dated October 31, 2005, appealing Notice and Order EA-2005-05.

• November 29, 2005 – CIWMB Legal Office received a request for a three month continuance of the hearing date, originally scheduled for December 5, 2005.

• The hearing was postponed until January 9, 2006, due to Mr. Filbin’s health.

Notice and Order Con’t


Surveillance• December 12, 13, 14, 2005 – Jeff Hackett

observes the site during different times of the day from an adjacent parking lot to see if the site continues to receive Type A inert debris in violation of Notice and Order EA-2005-05.

• Dump trucks and cement trucks were observed unloading Type A inert debris. Pick-up trucks with trailers were also observed using the site and entering with Type A inert debris and leaving the site empty.

• No processing was observed.

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Jim Filbin Aggregates, 12/12/05, photo by Jeff HackettDump truck unloading in “wash-out” area.

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Jim Filbin Aggregates, 12/12/05, photo by Jeff HackettCement truck unloading in “wash-out” area.

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Dump truck unloading

Jim Filbin Aggregates, 12/12/05, photo by Jeff HackettDump truck unloading on asphalt pile.


Surveillance Con’t.

• December 20, 21, 2005 – Jeff Hackett and Susan Markie observe dump trucks and cement trucks unload Type A inert debris at the site.

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Jim Filbin Aggregates, 12/20/05, photo by Susan MarkieDump truck unloading at “wash-out” area.

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Jim Filbin Aggregates, 12/21/05, photo by Susan MarkieDump truck unloading at “wash-out” area.

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Jim Filbin Aggregates, 12/21/05, photo by Susan MarkieCement trucks unloading at “wash-out” area.


January 5, 2006 Agreement

• On January 5, 2006, CIWMB Legal Office received another request from Mr. Filbin’s attorney, Mr. Wiley Ramey, requesting an extension of at least 90 days due to Mr. Filbin’s health.

• Continuance was granted provided Mr. Filbin agreed to the following:– Waive the stay on Notice and Order No. EA-2005-05 and begin

processing material within 15 days (i.e., January 20, 2006); and– Grant access to CIWMB staff to conduct inspections to track

compliance.

• Mr. Ramey signed the agreement on behalf of Mr. Filbin on January 5, 2006.


January 25, 2006 Inspection• Jeff Hackett and Susan Markie inspected the site to evaluate

compliance with the schedule agreed upon in the January 5, 2006 agreement, and requirements of Notice and Order No. EA-2005-05.

• Records of the Type A inert debris received or removed were not available at the time of the inspection.

• Type A inert debris continues to be received at the site in violation of Notice and Order No. EA-2005-05.

• No evidence that Type A inert debris is being processed for resale or reuse within six months of receipt.

• The stockpiles of Type A inert debris continue to grow.• Mr. Filbin is not complying with the provisions of Notice and Order

No. EA-2005-05 or the January 5, 2006 agreement.• Site Inspection Report and Notice of Violation were mailed to Mr.

Filbin on February 17, 2006.

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Jim Filbin Aggregates, 1/25/06, photo by Jeff HackettConcrete stockpile

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Jim Filbin Aggregates, 1/25/06, photo by Susan MarkieAsphalt stockpile.

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Jim Filbin Aggregates, 1/25/06, photo by Susan MarkieTop of concrete stockpile.

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Jim Filbin Aggregates, 1/25/06, photo by Jeff HackettConcrete stockpile.

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Jim Filbin Aggregates, 1/25/06, photo by Susan MarkieCement truck wash-out area.

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Jim Filbin Aggregates, 1/25/06, photo by Susan MarkiePick-up with trailer unloading concrete.


Preliminary Injunction

• March 15, 2006 – San Luis Obispo County Superior Court granted Preliminary Injunction CV 060051 enjoining Mr. Filbin from engaging in or performing, directly or indirectly, the acceptance of Type A inert debris (i.e., no trucks transporting or otherwise containing Type A inert debris may enter the property).


Conclusion• To date, Mr. Filbin has not provided CIWMB staff with a compliance

schedule or records providing proof that the activities at the site are not subject to the requirements of 14 CCR Article 5.9 as previously requested. An EA Notification or permit application has not be received.

• The Type A inert debris storage and handling activities conducted on this site do not meet the requirements of 14 CCR 17381.1 and the site does not qualify as a recycling center since the storage time limits are not being met.

• Surveillance of the site on December 12, 13, 14, 20, and 21, 2005, inspection on January 25, 2006, and surveillance on February 21, 22, and 23, 2006, by Jeff Hackett and Susan Markie, is evidence that Mr. Filbin continues to accept Type A inert debris in violation of Notice and Order No. EA-2005-05.

• The Type A inert debris is considered to be unlawfully disposed and subject to enforcement action. Notice and Order No. EA-2005-05 was issued and is warranted to ensure that Type A inert debris is received, handled, stored, transferred, processed, and/or disposed in accordance with applicable requirements.

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