SOLID WASTE MANAGEMENT

1. American Bar Association Forum on the Construction Industry SOLID WASTE MANAGEMENT Presented By: Michael C. Nines, PE, LEED APManko Gold Katcher & Fox, LLP J. Bradford McIlvainArcher & Greiner PC

2. Solid Waste Management Involves: • Collection • Processing • Recovery • Disposal

3. Solid Waste Regulation • 1965 Solid Waste Disposal Act • 1976 Resource Conservation and Recovery Act (RCRA)

4. Waste Management Hierarchy(U.S. EPA) Most Preferred Source Reduction Reuse Recycling and Composting Least Preferred Resource Recovery Incineration Disposal

5. Solid Waste Characterization • In 2010 • 250 million tons of waste was generated in the U.S. (approximately 4-1/2 pounds of waste generated daily per person) • 88 million tons of waste was recycled or composted • Approximately 29 millions tons of solid waste was combusted for energy recovery.

6. Solid Waste Collection and Transfer Residential Collection: Primarily single family residential properties • Commercial Collection: • Businesses • Multifamily Complexes • Industrial Facilities • Schools • Government Complexes • Hospitals • Construction Sites

7. Solid Waste Collection and Transfer Transfer Stations: Collection trucks transfer their loads to large trailers to reduce the distance and number of vehicles to the disposal facility. Material Recovery : Manual and mechanized sorting and packaging of recyclable materials (i.e., glass, plastic, paper, metals)

8. Solid Waste Management Approaches Solid Waste Management Plans: The general purpose of solid waste plans is to achieve environmentally sound management and disposal of solid and hazardous waste, resource conservation, and maximum utilization of valuable resources

9. Solid Waste Management Approaches Recycling: Some communities have implemented programs rewarding residents for recycling. A few communities, mostly California, provide curbside collection of separated organics – i.e. food waste. • Residential: • Recyclables include: • glass bottles • plastic bottles • aluminum cans/foil • tin and bimetal cans • newspaper • cardboard • paper

10. Solid Waste Management Approaches Recycling: • Commercial and Institutional come from: • Businesses and offices • Shopping centers • Government buildings • Schools & colleges • Hospitals • Retirement homes • Restaurants • Other sources

11. Solid Waste Management Approaches Recycling: • Industrial: Industrial sources typically generate recyclables such as: • Beverage bottles and cans • Corrugated cardboard • Paper from office areas and break rooms • Many industrial processes reuse scraps or surpluses as part of their operations.

12. Solid Waste Management Approaches Recycling: • E-Waste: • E-waste is growing rapidly; Technical obsolescence and lower production costs • Computer monitors and older television picture tubes contain an average of 4 pounds of lead that needs to be disposed of. • Besides lead, E-waste can contain: Six other heavy metals • Flameretardants

13. Solid Waste Management Approaches Recycling: • Separate Organics Management (SOM): • Gaining interest in the U.S. • Organic diversion involves segregating and collecting organic waste found in the MSW stream and processing the waste for beneficial use. • Target streams include: • Yard waste • Food waste from schools and restaurants • Source separated organics from homes.

14. Waste to Energy and Conversion Technology • Thermal (combustion-based) • Mass Burn • Modular Combustion • Refuse-Derived Fuel (RDF) • Fluidized Bed

16. Waste to Energy and Conversion Technology • Byproducts of the Combustion Process: • Fly Ash: Consists of various contaminants picked up and removed from the combustion gases • Bottom Ash: The non-combusted waste residue that consists of metals, glass, and other nonorganic materials.

17. Waste to Energy and Conversion Technology Mass Burn: • Nearly 100 mass burn facilities in the U.S. • Waste is combusted through heat and agitation • Waste byproducts include fly ash and bottom ash • Metal recovery. • Produce electric power, heat and hot water • Plant Capacity typically > 500 tons per day (TPD) to more than 3,000 TPD

18. Waste to Energy and Conversion Technology Emerging Waste Conversion Technologies: Simplified Classification Bio-Chemical - Anaerobic Digestion • Thermo-Chemical • Gasification • Pyrolysis Integrated - Fermentation of syngas • Emerging waste technologies seek to maximize conversion of waste materials into energy and useful products with reduced air emission, and less unused by-products.

19. Waste to Energy and Conversion Technology Emerging Waste Conversion Technologies: • Integrated : • The process starts with gasifying an organic feedstock, then uses various fermenting enzymes or catalyst substrates to produce ethanol. • This process is amenable to breaking down plant-based cellulose materials such as agricultural residue, forest material, and waste paper. • First commercial waste (biomass) to ethanol plant in FL 2012

20. Waste to Energy and Conversion Technology Emerging Waste Conversion Technologies: • Thermo-chemical (Gasification): • Is the process that uses heat, pressure, and steam with small amounts of air to convert organic materials into syngas. • The syngas is then either combusted to provide power or converted into other energy products. • Some by-products may be generated ; char (a coal-like high carbon material).

21. Waste to Energy and Conversion Technology Emerging Waste Conversion Technologies: • Bio-Chemical (Anaerobic Digestion): • Is a biological process that breaks down organic material in the absence of oxygen and produces biogas and residual solids as by-products. • The biogas is composed of methane and carbon dioxide and is typically combusted for power. Feedstock preferably source-separated organic waste. • First commercial unit Univ. of Wisconsin 2011.

22. Landfills

23. Landfills

24. Landfills • Regulated by Federal, State and Local authorities. • Federal regulatory standards include: • Location Restrictions • Composite Liner Requirements • Leachate Collection and Removal Systems • Operating Practices • Groundwater Monitoring Requirements • Closure and Post-closure Care Requirements • Corrective Action Provisions • Financial Assurance Provisions

25. Landfills Site Selection / Siting: • Siting a new landfill is a complex, costly and controversial endeavor that involves detailed environmental investigations, engineering design, regulatory review and public involvement. • State & Federal regulations and local zoning rules provide the basic requirements for siting a new landfill, including prohibitions or constraints, geologic conditions, and setbacks (environmental and airports, etc.

26. Landfills Permitting: • MSW landfills typically require local, state and federal approvals for permitting. • States have the authority to regulate and permit MSW facilities. State permits required include construction and operations permits. • Federal approvals are sometimes required for wetlands, air traffic and air quality permitting. • Local permits include land-use zoning, conditional use permits, site development and building permits.

27. Landfills Environmental Controls and Design Considerations • Bottom liners • Leachate collection & treatment systems • Daily, intermediate & finalcover systems • Storm drainage controls • Landfill gas control & utilization

28. Landfills Environmental Controls and Design Considerations • Environmental controls: • Bottom liners- Federal standard requires composite bottom liners and a leachate collection system to collect leachate. • Leachate collection & treatment systems - The purpose of a leachate collection system is to collect and convey leachate off the bottom liner so liquids do not build up, and provide suitable treatment for discharge.

29. Composite Liner filter fabric or graded stone leachate collection layer drainage and protective layer (1 to 2 feet) flexible membrane liner clay, thickness varies(typical thickness, 2 feet leachate collection pipes

30. Double Liner flexible membrane liners leachate collection layers drainage and load layer secondary leak detection optional clay or geo-composite sub-base leachate collection pipes

31. Landfills Environmental Controls and Design Considerations • Environmental controls: • Daily, intermediate & final cover systems: The purpose of the cover system is to minimize infiltration and erosion, the cover must also be designed to support the intended end use. • Storm drainage controls: Landfills required to provide storm water run-on and run off controls through engineered storm water management systems.

32. Landfills Environmental Controls and Design Considerations • Environmental controls: • Landfill Gas Control: • Landfill gas contains methane, carbon dioxide and trace compounds. • Active and passive control systems. • Landfill gases used for beneficial purposes as fuel or for electricity generation.

33. Final Cover

34. Landfills Landfill Operations • Scalehouse • Active Disposal Areas • Odor Control • Waste Placement & Compaction • Cover Placement • Litter Control

35. Landfills Landfill Operations • Personnel: • Landfill Manager • Landfill Supervisor • Equipment Operators & Mechanics • Scalehouse Operators • Environmental Compliance • Spotters • Equipment: • Landfill Compactors • Bulldozers • Dump Trucks • Track Hoes • Scrapers • Water & Fuel Trucks

36. Landfills Closure: Post-closure Care Landfills required to have written closure plans that describe the steps to close the landfill with the required cover and other closure design requirements. • Post-closure care period is the time after the official closure that an owner or operator must maintain and monitor the closed facility. • Minimum care period – 30 yrs.

37. Landfill - Redevelopment :

38. Landfill - Redevelopment

39. Landfills Financial Assurances • Options: • Trust Fund • Surety Payment • Performance bonds • Letter of Credit • Insurance • Corporate Financial Test • Local Gov’t Financial Test • Corporate Guarantee • Local Gov’t. Guarantee • State-Approved Mechanism • State Assumption of Responsibility Objective of assurances is to guarantee the funds necessary to meet the costs of closure, postclosure care and corrective action when needed.

40. “Top 5” Litigious Topics • Facility Siting & Permitting • Waste Flow Control • Personal Injury • Environmental Impacts (i.e, odors, groundwater pollution, etc.) • Facility Construction-related claim

41. Flow Control • Flow control is a regulatory tool used by local governments to require all solid waste be directed to a specific disposal facility. • Often necessary for the development of large municipal waste disposal facilities • Various flow control ordinances have been challenged in the Supreme Court; • United Haulers Association v. Oneida-Herkimer Solid Waste Authority and, • C&A Carbone, Inc. v. Town of Clarkstown, 511 U.S. 383 (1994),

42. Legal Issues Presented by Solid Waste Construction

43. Quantification of Work • Construction of “cells” in landfills requires the removal of extraordinary amounts of very heavy material (dirt and rock) • Payment for excavation work is generally done on a unit-price basis where a unit can be from a volume (cubic yard), weight (ton), or haul unit (a load, for example) • Unit prices determine payment, and precise definition and measurement of units is therefore critical • Dirt and other native materials occupy very different volumes in situ than after excavation, and there are generally accepted mechanisms for converting

44. Quantification of Work • Example of quantification by volume • Requires some specification and measurement of pre-construction field conditions (often a survey stipulated by the parties) • Requires some final measurement of as-built conditions (also usually accomplished by survey) • Contract must give binding effect to method of quantification so as to avoid disputes (for example, load counts or weighed volumes may suggest different – even dramatically different -- quantities of excavation completed)

45. As-Builts in Solid Waste • Importance of As-Builts in Solid Waste Construction • Solid waste facilities are often built in stages (cells) where the addition of a new cell requires construction adjacent to (and integration with) an existing cell. • Operational and regulatory considerations frequently command accurate as-builts for environmental reasons • Imprecise as-builts can lead to conflicts during construction in the nature of differing site conditions when a contractor damages existing facilities or is required to expend unusual effort to compete a tie-in properly.

46. Case Study in Damages • Assumption of Facts Giving Rise to Claim • Owner provides plans and specifications showing precisely where excavated dirt can be placed during construction of landfill cell expansion. The topography apparently allows all the dirt to be placed within 500 yards of the excavation. • As it turns out, the quantity of excavated dirt after expansion is 80,000 cubic yards greater than the disposal areas provided by the owner adjacent to the property, and the owner directs that the dirt be removed to another site 1950 yards away. • The contractor is required to remove 100,000 cubic yards of dirt 1450 yards farther than originally anticipated. • What can the contractor recover, and what issues arise in proving damages?

47. Case Study in Damages • Considerations in quantifying damages based on assumptions • The easiest part of the answer is that the contractor incurs extra costs to drive a haul truck 1950 yards instead of 500 yards. • What if the site is uphill, requires driving through muck, or presents problems dumping the dirt? Industry studies have quantified the expected requirements of excavation in a variety of different conditions. • The additional portage will delay construction of the cell unless the contractor can add additional haul equipment; how do you quantify the delay associated with altering the excavation cycles planned by the contractor?

48. Case Study in Damages • Considerations in quantifying damages based on assumptions • Additional equipment will require additional mobilization • A careful excavator documents its work quantities and capabilities carefully, not only for internal estimation purposes, but also to demonstrate the actual performance of its work. • In the simplest case, for example, a contractor does not want to use a single excavator to load a single truck, then let the excavator to remain idle for twelve minutes while the truck dumps its load and returns. • For example, at the outset of a project an excavator may create video evidence of the entire loading and return cycle, as well as evidence of how much dirt a truck actually holds fully loaded, as the truck’s rated “struck” capacity may not be as important as its actual capacity in the field.

49. Thank You