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The transition away from permit-by-rule status. Georgia Inert Landfill Regulations. Michael Smilley, PG Golder Associates Inc. Atlanta, Georgia. OUTLINE. Background Permit-By-Rule Permit-By-Rule Result Amended Rules Potential Impacts of Regulations Important Dates Questions.
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The transition away from permit-by-rule status Georgia Inert Landfill Regulations Michael Smilley, PG Golder Associates Inc. Atlanta, Georgia
OUTLINE Background Permit-By-Rule Permit-By-Rule Result Amended Rules Potential Impacts of Regulations Important Dates Questions
Low Perceived Risk High Perceived Risk BACKGROUND Required Investment
BACKGROUND INERT SOLID WASTE LANDFILLS Earth-like products, concrete, cured asphalt, rock, bricks, yard trimmings and land clearing debris Not likely to produce leachate of environmental concern Liquid that percolates through or is generated by the decomposition of waste material
PERMIT-BY-RULE PERMITTING OF INERT SOLID WASTE LANDFILLS IN GA Permit by rule provision (GA EPD 391-3-4.06) – since 1989 Notification within 30 days of operation Map Documentation from local jurisdiction of compliance with E&S Operational requirements Permitted Facilities Documented Online Over 2000 inert landfills in Georgia as of March 2011 (2285 based on 2011 list) Over 1100 inert landfills in Georgia as of August 2012 (1133 on EPD Database as of August 2012)
PERMIT-BY-RULE Inert Waste Only 1’ Cover Soil Layers of Least Practical Volume Grading Final Cover – 2’ 100’ Buffer Property Line
Permit By Rule – Land Clearing and Inert Debris (LCID) Landfills (<2 acres) PERMIT-BY-RULE Permit By Rule – Structural Fill Landfills REGIONAL PERSPECTIVE (US EPA Region 4) Clean Debris Land Clearing Debris General Permits http://water.epa.gov/scitech/swguidance/standards/criteria/nutrients/region04.cfm
PERMIT-BY-RULE RESULT - How common are these? - Recognized Environmental Condition (REC)?
PERMIT-BY-RULE RESULT PROPER CLOSURE??
PERMIT-BY-RULE RESULT ACCORDING TO EPD RECORDS: Proper closure - 225 1210 are individual subdivision lot inert waste pits that have been abandoned without notifying the homeowner. 1100 still operate or have failed to notify the EPD of closure. Fewer than 100 submit the quarterly disposal reports. Many other environmental impacts exist.
PERMIT-BY-RULE RESULT Weatherwood Subdivision Evacuated 30 families after elevated methane levels were detected in homes. Methane levels were generated by a construction debris landfill under homes.
PERMIT-BY-RULE RESULT INERT WASTE REALITY Env. Sci. Technol. 1997, 31, 911-917
REQUIRES A PROFESSIONAL ENGINEER AMMENDED RULES NEW RULES FOR INERT LEVELS: Buffers Survey Controls Siting Requirements Explosive Gases Control Sequence of Filling (Documentation) Spreading/Compaction/Monthly Cover E&S Vegetation Fire Protection Limited Access Final grading Final Cover Post-Closure Care Insurance Requirements
Inert Waste Only 1’ Cover Soil Layers of Least Practical Volume Grading Cover Monitor Explosive Gas AMMENDED RULES 100’ Buffer Property Line
AMMENDED RULES TOTAL ADDITIONAL COSTS Published estimated by Hawkinsville City Manager – $150,000 initially and $12,000 per year. Post-Closure Care The design must provide post-closure care for 30 years. Can be reduced but cannot be less than 5 years. http://www.romenews-tribune.com/view/full_story/18906698/article-Inert-landfill-operators-object-to-rule-change?instance=home_news_lead_story
AMMENDED RULES GEORGIA HOUSE BILL 320 Subsection (k) – Any inert waste landfill which, as of January 1, 2014, has been certified by a professional engineer registered in accordance with Chapter 15 of Title 43 as being in full compliance with all permit by rule requirements established in the rules and regulations of the division as they existed on January 1, 2012, may continue to operate under such permit by rule requirements. Yea – 159 Nay – 8 Not Voting – 8 Excused - 5
AMMENDED RULES Inert Landfill Compliance Certifications PE will review the historical facility documents and certify compliance. “ I ________ (certifying P.E.) certify that the inert landfill listed above is/was in compliance with the following sections of the Rules for Solid Waste Management in Georgia (Rules), as they existed on January 1, 2012….”
AMMENDED RULES INFORMATION REQUIRED DURING SUBMISSION Copy of required initial notification Assurance that only earth-like products….placed in landfill. 100 feet of property line or structure [Survey Plan] Field evaluation concerning layering of materials [photos] Grading and drainage plans Fire prevention measures Copies of all tonnage reports Other documents demonstrating compliance [zoning, erosion and sediment control plans; NPDES; community affairs regional impact.
New Inert Landfills Existing Inert Landfill [Out of Compliance] ? Certification Submittal [December 31st 2013] DENIED APPROVED AMMENDED RULES Cease Accepting Waste [December 31st 2013] Existing Inert Landfill [In Compliance] NEW RULES OLD RULES Complete Closure [June 1st 2015]
POTENTIAL REGULATION IMPACTS POTENTIAL IMPACTS Operator Opinion: Takes many existing inert landfills out of compliance Makes them cost prohibitive Increases incentive for illegal dumping EPD Opinion: Decreases the number of inert solid waste operators Emphasizes the beneficial reuse of materials Market opportunities for waste companies?
POTENTIAL REGULATION IMPACTS Recession End* Recession Start* * National Bureau of Economic Research
POTENTIAL REGULATION IMPACTS Windrows at the ACC Commercial Compost Facility BENEFICIAL REUSE Composting Facilities Mulching Facilities Concrete Recycling
POTENTIAL REGULATION IMPACTS UNKNOWNS Does the EPD have the capacity to oversee these changes? State budgets continue to shrink EPD office closures in Savannah and Columbus 920 employees in 2002 reduced to 852 in 2011 Proper closure?
SCHEDULE IMPORTANT DATES Deadline to receive compliance certification December 31, 2013 Deadline to stop accepting waste if you don’t receive a waste handling permit December 1,2014 Deadline to complete closure of inert landfill if permit was not obtained June 1, 2015
QUESTIONS? ? Turtle Mound Shell Midden http://upload.wikimedia.org/wikipedia/commons/7/7e/TurtleMound1915_ge0496.jpg