SWMD New Coordinator Training

1. SWMD New Coordinator Training July 12, 2012 Lazarus Government Center Columbus, Ohio

2. Ohio EPA’s Regulatory Role with Andrew (played by Ernie) New Coordinator Training

3. Regulatory Role Primarily Partners and Supporters of SWMDs • Technical Assistance, Information Sharing, Promoting Successful Programs, Trouble Shooting, Networking Also Play a Regulatory Role • Assuring that statutory and regulatory requirements are met • Compliance Monitoring • Enforcement New Coordinator Training

4. Regulatory Role • Deadlines • Plan Implementation • Statutory Use of Fees • Plan Writing EPA New Coordinator Training

5. Deadlines Annual District Reports • June 1 Quarter Fee Reports • May 15 • August 15 • November 15 • February 15 Plans • Drafts: every 3 or 5 yrs • Finals: due 15 months after draft (18 months for approval) • See web page for schedule New Coordinator Training

6. Deadlines What Happens if I Miss a Deadline? • Notice of Violation (NOV) • 1st Step in Enforcement Process • What Will NOV say? • SWMD is in violation of law • Contact Ohio EPA Immediately New Coordinator Training

7. Deadlines If You Know You Will Miss a Deadline… • We can’t give you an “extension” • Send Ohio EPA a letter saying why going to miss, include schedule for when item will be submitted • You will receive a simpler NOV • No Requirement to “Contact Ohio EPA Immediately” New Coordinator Training

8. Deadlines NOVs: • Both a big and little deal • Big - 1st step in enforcement process • Little – can easily go away • Can establish a “pattern of non-compliance” • NOVs establish a paper trail • This matters if you ever get to an enforcement scenario • Don’t make a habit of missing deadlines • Will receive return to compliance letter when resolved New Coordinator Training

9. Deadlines Final Plans If SWMD fails to obtain approved plan by deadline then: Ohio EPA required to prepare plan Bill SWMD for costs SWMD loses powers SWMD submits quarterly budgets to Ohio EPA SWMD New Coordinator Training

10. Implementing the approved plan New Coordinator Training

11. Plan Implementation SWMDs are required by statute to implement their Plans ORC 3734.55(C)(4) • After approval of the plan . . ., the board. . .shall implement the plan in compliance with the implementation schedule contained in the approved plan. So… • An approved plan is a strategy for action • Requires follow-through • Not “just a plan” New Coordinator Training

12. Plan Implementation What happens if a SWMD does not implement plan as approved? ORC 3734.55(E) • If the director finds that the board . . .has materially failed to implement the district’s plan . . .the director shall issue an enforcement order. . . directing the board to comply with the plan within a specified, reasonable time.” New Coordinator Training

13. Plan Implementation Material failure to implement plan • A finding of “material failure” would be a big deal • Ohio EPA monitors implementation through ADRs, visits, and other communication New Coordinator Training

14. Plan Implementation What is a “material failure” to implement a plan? • “Material” means significant • What is more likely to be considered “Material”? • Programs critical for meeting state plan goals • What is less likely to be considered “Material”? • Delays in program implementation • “Redundant” programs • How something is done vs. what is done e.g. Directly provide vs. contracted New Coordinator Training

15. Plan Implementation A finding of material failure would not come out of the blue • ADR reviews, NOVs, other correspondence would precede a finding Failure to implement a program not the only issue • General obligation to do what is in the plan • No authority to do other things NOT in the plan • The plan governs SWMD activities • Major programs and facilities must be in plan Detailed ADRs and good communication are keys to avoiding problems New Coordinator Training

16. Use of Fees New Coordinator Training

17. Statutory Use of Fees • “10 Allowable Uses” Identified in ORC 3734.57(G) • Use of Disposal and Generation Fees Governed by these fees • Other fee types and revenues may be governed by some or all of these uses as well • ORC 343.08 “Rates and Charges” references back to ten allowable uses • Other revenues may be governed by uses New Coordinator Training

18. Statutory Use of Fees • Plan Development & Monitoring • Plan Implementation • HD Funding – enforcement • County Assistance – “defray added costs of maintaining roads. . .resulting from location and operation of a solid waste facility. . .” • HD Funding – water wells adjacent to landfills • Out-of-State Waste Inspections (probably not legal; virtually never used) New Coordinator Training

19. Statutory Use of Fees • HD & Law Enforcement funding – open dumping and anti-litter • HD Funding – Certification Program (not available) • Municipality/Township Assistance – “defray added costs of maintaining roads. . .resulting from location and operation of composting, energy or resource recovery, incineration, or recycling facility that is either owned by the district or is furnishing . . .services to the district pursuant to a contract or agreement. . .” • Don’t worry about it – it’s never been used (payments to “affected community”) New Coordinator Training

20. Statutory Use of Fees • Quarterly Fee Reports Identify Expenditures • We get the occasional confidential or even anonymous phone call • Ohio EPA working more closely with State Auditor’s Office on fee issues • Good Communication is the Key New Coordinator Training

21. Plan Writing New Coordinator Training

22. Plan Writing • Ohio EPA Required by Statute to write a plan if SWMD fails to meet final plan deadline • No extensions, no exceptions granted • Deadline – 18 months after draft plan is due to Ohio EPA – Schedule on Website • Most Important Deadline New Coordinator Training

23. Plan Writing • We’ve written about 6 in last 10 years • Currently writing 1 plan • The most significant “consequence” that SWMDs experience for failure to meet requirements New Coordinator Training

24. Plan Writing • We can write plan “in house” or contract out to consultant • Cost recovery for certain expenses (including contracted services) • Top-to-bottom evaluation of SWMD & Programs • Core programs • Personnel • Costs/funding • Won’t re-invent the wheel • Won’t hesitate to fundamentally change SWMD programs New Coordinator Training

25. Plan Writing • Ohio EPA can’t change or establish fees • Plan identifies programs, SWMD has to figure out how to fund • We typically identify funding options • Plan can’t provide for Rule-writing Authority • After Plan Issued, SWMD must submit quarterly proposed budgets • Ohio EPA can line-item veto proposed budgets New Coordinator Training

26. Plan Writing • Typically Major “Disfunctionality” leads to Ohio EPA writing a plan • Disagreement between Counties • Off-loading entire plan writing responsibility to consultant • District Coordinator part-time, over-assigned, poorly trained, unfamiliar with process or consequences • Policy Committee Not Engaged • In these cases, experience may end up being positive, not negative New Coordinator Training

27. Regulatory Role • We would much rather support SWMDs than enforce against them • It’s part of our job and we do it when necessary • Close Communication w/ Your Planner is the best strategy to avoiding any of these issues New Coordinator Training

28. Technical Assistance with Christopher New Coordinator Training

29. Resources • Workgroup • DMWM Website • GIS/Maps • Collection Events List* New Coordinator Training

30. Workgroup • Quarterly Meetings • Ohio EPA, Planners, Coordinators, Consultants, Grant Administrators and others • Varied presentations and discussions New Coordinator Training

31. DMWM Website New Coordinator Training

32. GIS/Maps New Coordinator Training

33. Collection Event List* • List of special collections for all Ohio counties • Gathered by Ohio EPA • To Find: DWMW > Planning/SWMD > “How do I get Rid of…” > HHW > Collection List New Coordinator Training

34. Ohio Solid Waste Management Review (HB 592 Review) New Coordinator Training

35. Why the Review? • It has been on Ohio EPA’s ‘to-do’ list for several years • There have been numerous ‘rumblings’ about solid waste legislation in recent years • Timing is right to take a holistic view of the entire system, rather than react to piecemeal initiatives • A full review has been endorsed by Ohio EPA Director Nally New Coordinator Training

36. Process • Phase I: Information Gathering • March – June 2012 • Phase II: Discussion and Census Building • July – October 2012 • Phase III: Formal Proposal • October – December 2012 • Phase IV: Legislative Initiative • 2013 New Coordinator Training

37. Where we are • Phase I meetings have been completed • Nearly 300 participants from over 48 different stakeholders • Phase II kickoff meetings: July 16, 23 and 30 • August: Issue-specific facilitated meetings • August-October: Additional issue meetings and research New Coordinator Training

38. Website New Coordinator Training

39. How to Participate • Get on the email listserv • Attend a Phase II meeting • Submit written comments (hard copy or electronic) • Review and comment on the Formal Proposal • Contact: Christopher Germain 614/728-5317 christopher.germain@epa.state.oh.us New Coordinator Training

40. Phase II Meetings • July 16th in Elyria • Lorain County Transportation & Community Center • July 23rd in Kettering • National Composite Center • July 30th in Columbus • Ohio EPA / WebEx New Coordinator Training

41. Model ProgramsFuture of Solid Waste with Andrew (played by Ernie) New Coordinator Training

42. Recycling Programs and Trends Automated Single-Stream Collection • Give customers a wheeled cart (96-gallon) • Pick up weekly • Significant increases in participation and diversion • Future: Three cart system – Waste/Recycling/Organics New Coordinator Training

43. Recycling Programs and Trends Volume-Based Collection (Pay-As-You-Throw) • Not new, but renewed interest • Being sold from an equity, fairness, cost control perspective Curbside in the Biggest Cities • Cleveland, Toledo, Columbus moving forward • “Big 6” all have programs in place or underway • Ohio EPA will be looking at “Next Tier” cities in the future $ $ $ $ $ $ New Coordinator Training

44. New Recycling Programs and Trends PAYT Drop-Off (Logan County) • Nicely developed permanent recycling drop-off site • Purchase garbage bags at vending machine/recycling is free • Dispose of waste in roll-off container (video monitored) • Price of bags covers operation of site ($2/per) • Perfect for resort/vacation type areas (non-permanent residents) • Self-funded rural option? Mulit-unit housing? New Coordinator Training

45. New Recycling Programs and Trends Recycling Transfer Stations • Unprecedented investment in private sector MRFs in recent years • Much stronger competition for recyclable material • Like disposal, we will see material being shipped longer distances to be processed at large, high-volume MRFs New Coordinator Training

46. New Recycling Programs and Trends • Organics Diversion • Rapid growth throughout state • Mostly commercial businesses • Kroger • Wall-mart • State Fair • Sporting Venues • Interest in Residential Collection as Well New Coordinator Training

47. New Recycling Programs and Trends Waste and recycling consortiums Uniform collection services Improved service Often get better price for more services SWMD New Coordinator Training

48. New Recycling Programs and Trends Waste-to-Energy Technology • Anaerobic Digestion • Akron, Columbus, several others • Pyrolysis/Gasification • Clyde • Cleveland = New Coordinator Training

49. Research,Program Development &Data with Deb Hoffman SWMD New Coordinator Training

50. Overview • Electronic waste (kinda old) • Pharmaceuticals • Product Stewardship • Food Waste • Data New Coordinator Training