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Regulatory Update

Regulatory Update. Gerald Hardy Chief ADEM Land Division Southern Section AWMA Conference August 10, 2007. Topics. Solid Waste Program Scrap Tire Program School Chemical Cleanout Brownfield/Voluntary Cleanup Program. Solid Waste Program. Current Staffing & Workload

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Regulatory Update

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  1. Regulatory Update Gerald Hardy Chief ADEM Land Division Southern Section AWMA Conference August 10, 2007 adem.alabama.gov

  2. Topics • Solid Waste Program • Scrap Tire Program • School Chemical Cleanout • Brownfield/Voluntary Cleanup Program

  3. Solid Waste Program • Current Staffing & Workload • 2 Compliance Inspectors • 2 Permitting Engineers • 184 permitted landfills; 52 permit renewal, modification, and/or issuance applications pending • FY-07 Performance • 157 Landfill Inspections • 53 Landfill Permits Issued or Modified • 70 Complaints Investigated

  4. Solid Waste Program • State Solid Waste Management Plan Revisions • Local plans not adopted and approved • Regional needs assessments incomplete • ADEM goal to complete revisions to State SWMP by end of 2007, but input from others is needed

  5. Solid Waste Program Challenges • Insufficient Staff • Normally only one inspection per landfill per year and limited investigations of illegal dumping complaints • Insufficient geologist support delays permit reviews • Funding of Program; no support for tipping fees and no support for major revision to permit fees • Uncertainty regarding Statements of Consistency Remains after litigation • Legal challenges to new and modified MSW landfills

  6. Scrap Tire Program Scrap Tire Fund Site Cleanups • Site Cleanup Program in effect with passage of initial regulations contained in ADEM Admin. Code 335-4 in August 2004. • Regulations revised in 2007 provide for a Small Site Cleanup Program by defining sites based on material quantities.

  7. Scrap Tire Program Scrap Tire Fund Large Site Cleanup • Removal activities from the former Four Star Site in Attalla, AL began in August 2006. • Site contained an estimated 8,000,000 whole and processed scrap tires. • As of June 2007 26,380 tons of tires and processed tire materials have been removed from the site.

  8. Scrap Tire Program Site Cleanups through Enforcement Mechanisms • Scrap tire accumulations and illegal disposal sites are addressed through enforcement if innocent landowner provisions do not apply. • ~ 700,000 scrap tires have been removed by property owners and responsible parties. • ADEM requires submittal of cleanup plan and photo-documentation before, during and after site cleanup activities. Closure requires receipts from approved processors or disposal facilities and site inspection by scrap tire program staff.

  9. School ChemicalClean-out Program • FY 2005 Environmental Justice (Title I) Schools Visited • 113 Schools Visited • 36 Schools with Chemicals

  10. School ChemicalClean-out Program • EPA Grant Submission • 2005 • 2006 • Awarded Two Year EPA Grant • October 1, 2006 – September 30, 2008 • $34,000

  11. School ChemicalClean-out Program • Letter to the principals of the 36 schools with chemicals • Requested current inventory of waste chemicals • Letter to 25 Alabama Municipal Solid Waste Landfills • Requested cooperation in receiving waste chemicals from schools • Many agreed to take chemicals at no cost

  12. School ChemicalClean-out Program • Schools Responded with inventories of chemicals • 1965 Containers of chemicals • 716 Hazardous wastes • 1,249 Non-hazardous wastes • One half of the schools had disposed of all chemicals after ADEM’s 2005 visit

  13. School ChemicalClean-out Program • School Chemical Management • Management of chemicals for disposal • Hazardous - sent to TSD • Non-Hazardous - sent to solid waste landfill • Shipping types (toxics, oxidizer/reactive, flammable, acid, caustic, and non-hazardous) • Mercury sent for recycling • Unknowns analyzed by ADEM lab

  14. School ChemicalClean-out Program

  15. School ChemicalClean-out Program • Education Program • Alabama Science in Motion Program • Microscale Chemistry

  16. School ChemicalClean-out Program • Enterprise High School • Hit by tornado • Several students killed • ADEM requested to help with lab chemicals

  17. School ChemicalClean-out Program

  18. School ChemicalClean-out Program • Enterprise not included in EPA grant • Coordination with EPA resulted in agreement to use grant for Enterprise • Coordinated with Alabama Science in Motion to obtain additional logistical help • Moved chemistry lab to alternate location • Disposed of all waste chemicals

  19. School ChemicalClean-out Program • Progress • Nine schools have been cleaned out by ADEM • One school has been cleaned out by EPA using a separate grant • Over 1,500 pounds of chemicals have been removed

  20. School Chemical Clean-out Program • Future • Chemical Waste Management at Emelle, Al has been taking all the school chemicals at a minimal charge. • If Chemical Waste Management’s cooperation continues, ADEM should be able to expand the number of schools assisted.

  21. Brownfields Redevelopment • Upon request, ADEM provides assistance to local governments applying for Federal BF grants to offset assessment or remediation costs. • 20 applications from Alabama for BF Grants submitted to EPA for FY2007. EPA announced that only 4 of these were awarded. • ADEM can conduct site assessments for local governments at no cost to the local government. • Brownfields/VCP training events in Dothan, Prichard and West Alabama were conducted in May-July for local governments, developers & consultants.

  22. Brownfields RLF • ADEM has a revolving loan fund for Brownfields redevelopment. • ALRRLF funded by EPA grant; first grant was for $1million. • ADEM is in the process of loaning the City of Montgomery $700K. The City of Tarrant has applied for $300K. • ADEM applied for additional EPA funding in FY2007 to keep RLF program viable, but was not awarded additional funds at this time. • Currently, RLF monies are available only to local governments and non-profits.

  23. Voluntary Cleanup Program • VCP is available for remediation of many contaminated sites. • Developers or prospective purchasers may get some liability protection for past contamination. • Fee-driven program; ADEM reviews remediation plans and provides oversight of cleanup activities. • Over 250 sites have been enrolled in the program.

  24. Riverwalk Stadium + Montgomery Biscuits = Brownfield Success Story 2006 Southern League Champions Attendance averages 310,000 annually.

  25. Social Security Administration Building – Opening Spring 2008 – 8th Avenue, Birmingham, AL ~1200 Employees

  26. Questions ?

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