Solid Waste Fund Site Remediation

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ADEM Update

Association of County

Engineers of Alabama

Annual Conference

May 13, 2015

Overview

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• AST Compliance Assistance Project

Update

• Solid Waste Management Plans

• Unauthorized Dump/Scrap Tire Site

Remediation Programs

• Scrap Tire ROW Cleanup Program

• ADEM Budget

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Aboveground Storage

Tank (AST) Compliance

Assistance Project

Update

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AST Compliance

Assistance Purpose

• Inform local governments of AST compliance requirements

• Inform local governments of Alabama Tank

Trust Fund (ATTF) benefits

• Provide local governments with resources to aid in compliance and ATTF eligibility

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Facilities Targeted in the

AST Project

• County/City Maintenance Shops

• County/City School Systems

• Municipal Wastewater Treatment Facilities

AST Compliance

Assistance Process

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• Contact appropriate local government personnel

• Conduct compliance assistance visits

Provide appropriate informational handouts such as AST notification, SPCC Brochure, and

AST Owner Memorandum

Provide owner/operator with points of contact for questions

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AST Trust Fund Eligibility

Requirements

• Registration of AST with ADEM

• Remain in Substantial Compliance

• Comply with NPDES Permit Requirements

• Comply with SPCC Requirements

• Maintain Financial Responsibility in the

Amount of $10,000 per Release

Progress on AST

Assistance Sites

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ADEM

Office

Decatur

Birmingham

Montgomery

Mobile

Total

Total

Visited

20

8

76

20

124

Total

Sites

37

50

87

40

214

Total

Complete

54.10%

16.00%

87.40%

50.00%

57.90%

adem.alabama.gov

Progress on Priority

Facilities

ADEM

Office

Decatur

Birmingham

Montgomery

Mobile

Total

Priority

Visited

Priority

Sites

Priority

Complete

5

8

50

20

83

5

16

55

20

96

100.00%

50.00%

90.90%

100.00%

86.50%

adem.alabama.gov

Issues Found at Targeted

AST Facilities

• New Tanks Not Registered at Existing Sites or Unregistered Satellite Tank Sites

ADEM Form# 283

• Incomplete or No SPCC Plan

• Secondary Containment Not Maintained

(valves left open or berm having cracks/ holes)

Key Elements of SPCC

Plan (40 CFR 112)

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• Facility Diagram & Description of Facility

• Facility Drainage

• Facility Inspections

• Personnel Training & Oil Prevention Briefings

• Recordkeeping Requirements

• Plan Certification

• Site Security

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AST Compliance

Assistance

Questions?

ADEM Groundwater Branch

334-270-5655

adem.alabama.gov

Local Solid Waste

Management Plans

(SWMP)

Regulatory Background

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A Solid Waste Management Plan (SWMP) is a plan that outlines the collection, transportation, and disposal of solid waste within a jurisdictional boundary.

• Began with the passage of Section 22-27 Article 3 of the

Code of Alabama in 1989.

• Currently there are 89 SWMP in Alabama.

Expiring County SWMP

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2014

• 35 County SWMP Expired

20 Renewed

• 7 Pending (Bullock, Coosa, Lamar, Lawrence, Jefferson, Perry, Washington)

2015

• 20 County SWMP Expiring

• 5 Renewed

2 Pending (Clay, Mobile)

2016-2017

• 4 County SWMP Expiring

adem.alabama.gov

Sumter

Current Status of SWMPs

Lauderdale Limestone

Jackson

Madison

Franklin

Colbert

Lawrence

Marion

Lamar

Pickens

Fayette

Winston

Tuscaloosa

Walker

Morgan

Cullman

Jefferson

Shelby

Dekalb

Marshall

Etowah

Blount

St. Clair Calhoun

Cherokee

Cleburne

Talladega

Clay

Randolph

Bibb

Greene Tallapoosa Chambers

Coosa

Chilton

Hale

Perry

Elmore

Autauga Lee

Marengo

Dallas

Lowndes

Montgomery

Macon

Bullock

Russell

Choctaw

Wilcox

Barbour

Butler Pike

Crenshaw

Clarke

Monroe

Henry

Washington

Conecuh Coffee Dale

Covington

Escambia Geneva Houston

Mobile*

Baldwin

Expires in 2014

Expires in 2015

Expires in 2016-17

Recently renewed

Background (Con’t)

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Who Should Have a SWMP?

• All Counties are Required

• Municipalities may opt out of County Plan and create their own local SWMP (Currently 24)

• Counties can join together to form a regional plan

(last 10 yr. cycle = 1 regional plan formed by 3 counties)

Section 22-27-47

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Local Solid Waste Management Plans

• Each County and any municipality shall submit to the Department a plan for the management of solid waste generated within its boundaries.

• A County’s plan shall include the municipal jurisdictions within it’s bounties except for any municipality that opts out for their own plan.

• Cities which do not choose to exclude themselves from the County’s plan shall be responsible to share the County costs proportionately.

• Counties may combine in the development of a joint solid waste management plan.

• If a County or City does not submit a required plan (nor meets minimum requirements), the Department shall prepare the official plan.

Section 22-27-47

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Local Solid Waste Management Plans (cont.)

Each plan should contain, at a minimum:

1. Describe and explain the general origin, and weight or volume of solid waste currently generated within the jurisdiction’s boundaries.

2. Identify current methods of collection and haulage of solid waste within the jurisdiction.

3. Identify and describe the facilities where solid waste is currently being disposed or processed and the remaining available capacity and the capacity which could be made available through the reasonable expansion of such facilities.

Section 22-27-47

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Local Solid Waste Management Plans (cont.)

4. Provide a description of current or planned recycling programs and an analysis of their impact on waste generated within the jurisdiction.

5. Address the requirements proposed under Subtitle D of the federal

Resource Conservation and Recovery Act to assure proper management of its wastes.

6. Propose procedures for the identification and elimination of unauthorized dumps in the jurisdiction.

7. Describe and explain the general origin and weight of volume of solid waste reasonably expected to be generated annually during the next 10 years.

Benefits of SWMP

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Why is it important to have an updated SWMP?

1. Contracts (Collection, Transportation, and Disposal)

2. Landfill Permitting

3. Recycling Grants Opportunities

Contracts

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Section 22-27-48 of the Code of Alabama states:

“The governing body of a county or municipality has a responsibility for and the authority to assure the proper management of solid wastes generated within its jurisdiction in accord with its solid waste management plan.”

Law Impacts Contracts and Operations of:

• Solid Waste Collection

• Transfer Stations

• Landfills

Landfill Permitting

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Requirements for Approving New or Certain

Modifications to Landfills (Section 22-27-48 of the

Code of Alabama)

• Approved SWMP

• Host Government Approval

• Consideration of the Application by ADEM

NOTE: This does not apply to private industrial landfills.

Landfills

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Requirements for Host Government Approval:

• Public Notice in Newspaper of General Circulation

Date of Public Hearing

Landfill Action to be Considered

Must state the relevance and consistency with the local solid waste management plan

Contact person to obtain additional information and to review both the SWMP and the application of proposed action

• Public Hearing

• Approval by Host Government

Landfills

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• ADEM will not consider applications for new landfills or certain modifications to existing landfills until local host government approval has been granted.

• Proposed landfill actions that require host government approval:

New Landfills

Horizontal Expansion of Facility

Volume Increases

Service Area Increases

Upgrading Classification of Landfill (i.e. C/D to MSW)

Recycling Grants

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Alabama Recycling Fund Grants

• Provide Grants to local governments, authorities, and nonprofit organizations for use in developing, implementing, and enhancing local recycling, reuse and waste minimization projects and programs. Applications due by March 1 st .

• Funding – ARF Funds: ~$10.7 million awarded

FY 2009, ~$1.1 million in grants.

FY 2010, ~$1.7 million in grants.

FY 2011, ~$2 million awarded to 22 projects from 34 applicants.

FY 2012, ~$2 million awarded to 17 projects from 23 applicants.

FY 2013, ~$2.3 million awarded to 19 projects from 31 applicants.

FY 2014, ~$1.6 million awarded to 16 projects from 22 applicants

Eligible Grant Items

adem.alabama.gov

• Recycling Trucks

• Roll Carts

• MRF Construction

• Drop-Off Boxes

• Education Materials

• SWMP Revision

• Separators

• Balers

• Bins

• Facility Costs

• Trucks

• Trailers

• Shredders

• PSA

• Compactors

• Conveyors

• Bags

• Forklift

• Pick-ups

• Scales

adem.alabama.gov

Sumter

Current Status of SWMPs

Lauderdale Limestone

Jackson

Madison

Franklin

Colbert

Lawrence

Marion

Lamar

Pickens

Fayette

Winston

Tuscaloosa

Walker

Morgan

Cullman

Jefferson

Shelby

Dekalb

Marshall

Etowah

Blount

St. Clair Calhoun

Cherokee

Cleburne

Talladega

Clay

Randolph

Bibb

Greene Tallapoosa Chambers

Coosa

Chilton

Hale

Perry

Elmore

Autauga Lee

Marengo

Dallas

Lowndes

Montgomery

Macon

Bullock

Russell

Choctaw

Wilcox

Barbour

Butler Pike

Crenshaw

Clarke

Monroe

Henry

Washington

Conecuh Coffee Dale

Covington

Escambia Geneva Houston

Mobile*

Baldwin

Expires in 2014

Expires in 2015

Expires in 2016-17

Recently renewed

adem.alabama.gov

SWMP Requirements

Questions?

Scott Story, Chief

Solid Waste Engineering Section

(334) 271-7764 sss@adem.state.al.us

adem.alabama.gov

ADEM Solid Waste

Remediation Programs

UAD/Scrap Tire Site

Remediation Programs

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• Provides funding for the remediation of eligible UAD/Tire Pile sites

Funded by a portion of $1/Ton fee on SW

Disposal and $1/Tire fee on tire sales

Sites subject to eligibility requirements

• 110 UAD eligible sites currently on cleanup list

• 16 Tire Pile sites currently in-process for cleanup

UAD Remediation

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• From 2010-2015:

348 UAD sites remediated

~49,000 T of SW removed and properly disposed

155 cleaned up through ICA process

~$11 million expended from SWF

• ~$7 million ICA process

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UAD Remediation

Program

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UAD Remediation

Program

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Unauthorized Dump Site

Remediation

Scrap Tire Site

Remediation

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• From 2010-2015:

122 ST sites remediated

~40,000 ST/~3,000 T SW removed and properly disposed

32 sites cleaned up through ICA process

~$1.9 million expended from STF

• ~$800,000 ICA process

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Scrap Tire Site Remediation

ADEM Scrap Tire ROW

Cleanup Program

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• Established to provide assistance to counties with ST ROW issues.

• Items eligible for reimbursement:

Personnel Costs

Equipment Costs

Costs of Disposal/Beneficial Use of Discarded

Tires

• Subject to certain limitations

adem.alabama.gov

ADEM Scrap Tire ROW

Cleanup Program

• Activities 2011-Present

• 47 of the 67 counties currently enrolled

Removed approximately 480,000 PTE from county rights-of-way

Reimbursed counties ~ 3.6 million

adem.alabama.gov

adem.alabama.gov

Solid Waste Remediation

Programs

Questions?

Brent Watson

(334) 271-7894 baw@adem.state.al.us

FY 2016 Budget

adem.alabama.gov

$7 000 000

STATE GENERAL FUNDS FOR ADEM OPERATIONS

$6 000 000

$5 000 000

$4 000 000

$3 000 000

$2 000 000

$1 000 000

$0

FY 2016 Budget

adem.alabama.gov

• ADEM requested an additional $1.3 million for FY16 above FY15 appropriation

• Governor Bentley’s FY16 budget proposed level funding for ADEM (~$1.0 million)

• Current austerity budget in Legislature would eliminate ADEM from the General

Fund appropriation (“zero-out”) AND would require Department to rebate ~$9.6 million to the General Fund for FY16.

FY 2016 Budget

adem.alabama.gov

• If this austerity budget were to pass:

County ROW program would likely end, or at least be significantly reduced;

Recycling grants would likely cease;

UAD/UASTA remediation would be significantly cut or possibly eliminated;

UST remediation funds could be reduced;

Permit and other fees would likely need to be increased by at least 20% to generated revenue necessary to match federal grants

FY 2016 Budget

adem.alabama.gov

• What can you do?

Explain the importance of ADEM funding to your

County Commissioners and Administrators

Engage ACCA to advocate on ADEM’s behalf

Contact your local legislative delegation and explain the need to adequately fund ADEM at levels at least equal to FY15 amounts

Share this information with other counties, cities and businesses that would be adversely impacted by the elimination of ADEM programs

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