Demolition Landfill Discussion

1. Demolition Landfill Discussion Meeting With NCLUCB February 28, 2018 Fred Doran – Burns & McDonnell

2. Types of Permitted Landfills in MN • Industrial Solid Waste Landfill • Captive, or monofill: waste from specific corporation(s) [23] • May be lined or unlined • Merchant: open to many industries [7] • Liner likely required • Demolition Debris Landfill • Class 1: strict waste list, unlined [66] • Class 2: strict waste list + packaging + limited demo-like industrial waste; liner evaluation required [26] • Class 3: more diverse waste list; liner evaluation required [10] • Municipal Solid Waste (MSW) Landfill [21] • MSW Combustor Ash Landfill [8]

3. Acceptable C&D Waste List Bituminous concrete (includes asphalt pavement and blacktop) Concrete (including rerod) Stone Uncontaminated soil Masonry (bricks, stucco and plaster) Untreated wood (including painted, stained and/or varnished dimensional lumber, pallets, tree stumps, grubbing, root balls, particle board, plywood, fencing and dock materials) Siding (includes vinyl, Masonite, untreated wood, aluminum, steel) Wall coverings Electrical wiring and components Roofing materials Duct work Wall board, sheetrock Built-in cabinetry Plumbing fixtures Affixed carpet and padding Ceramic items Conduit and pipes Glass (limited to window and door glass from buildings and structures) Insulation (includes fiberglass, mineral wool, cellulose, polystyrene and newspaper) Plastic building parts Sheathing Molded fiberglass Rubber Drain tile Recognizable portions of burned structures Metal Ceiling tile Wood and vinyl flooring Asbestos-containing materials

4. Unlined Landfills in MN

5. Lined Landfills in MN

6. 2016 MN Waste Generation Data

7. History • 2003: MPCA assembled stakeholder group to consider demolition debris and industrial landfill rules • Effort terminated through House Committee hearing • 2005: Demolition Landfill Guidance Document • Class I, II, and III landfill types • Waste screening at working face • Hydrogeologic evaluation and groundwater monitoring • Liner evaluation • Acknowledge that Class I landfills located in remote areas exist to provide a service to the community so as to avoid or eliminate illegal dumping • The MPCA was tasked to issue a biennial report on the ground water data summarizing the data and noting any trends Draft rules after 1-2 permit cycles

8. MPCA 2005 Guidance Document “The MPCA acknowledges that some demolition landfills accept an extremely small quantity of waste on an annual basis. These Class I facilities are located in remote areas and exist solely to provide a service to the community so as to avoid or eliminate illegal dumping. As such, additional environmental protective measures, such as groundwater monitoring or liners, may be too expensive to allow these landfills to operate. The MPCA will make every attempt to ensure that these factors are considered when determining the need for additional environmental-protective measures at these sites.”

9. History • 2009: Report to Legislature on Management of Industrial Waste and Construction and Demolition Debris in Land Disposal Facilities • Supports transition from guidance to rulemaking • Recommends pre-demolition identification and removal of hazardous materials • Recommends that MPCA needs to evaluate groundwater monitoring data https://www.pca.state.mn.us/sites/default/files/lrw-sw-1sy09.pdf

10. Today’s Issues • MPCA Permit Backlog • Since February 2016 (House Hearing) only 3 of the over 44 expired Demolition Debris Landfill permits have gone on public notice • There are now more expired permits; LOGJAM IS CRITICAL • MPCA Locked up on Groundwater Quality • Reaching conclusions without data evaluation • Using “Duty to Protect Water” and “Nondegradation” rules • Closed-Door policy making; rulemaking through permit • Putting design in permit without proof it will work (e.g., enhanced cover) • Additional permitting costs • Not considering the socio-economic or emergency management need for these facilities NEED EVALUATION REPORT

11. MPCA Monitoring Summary • Data from MPCA in September 10, 2015 Letter • Date or frequency of detections not identified • Data by facility: • 28 Class I Unlined Facilities • 9 Class II Unlined Facilities • 1 Industrial Unlined Cell • 1 Class III Lined Facility • 1 Unknown Facility Type

12. Monitoring Detections Summary Note Class III lined had arsenic, manganese, and boron exceedances

13. Groundwater Data Evaluation Should Consider: • Laboratory QA/QC • Frequency of Exceedances • Risk of Contamination Relative to Receptors • Background or Naturally Occurring • Before or After 2005 Demolition Landfill Guidance • Adjacent Sources • Closed unlined MSW Landfill most common

14. Boron Source: MPCA/MDH/DNR Presentation

15. Manganese Image Source: MDH Memo September 5, 2012

16. Arsenic in MN Drinking Water (MDH)

17. Options to Consider • House/Senate Hearing with MPCA to update permitting progress for demolition debris landfills • Office of Legislative Audit review of rule applicability in permitting • Legislation to require permitting transparency and groundwater evaluation report

18. Questions?