July 12 2012 Lazarus Government Center Columbus Ohio Ohio EPAs Regulatory Role with Andrew played by Ernie 7212010 New Coordinator Training 2 Regulatory Role Primarily Partners and Supporters of SWMDs ID: 725069
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Slide1
SWMD New Coordinator Training
July 12, 2012
Lazarus Government Center
Columbus, OhioSlide2
Ohio EPA’s Regulatory Role
with
Andrew (played by Ernie)
7/21/2010
New Coordinator Training
2Slide3
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
7/21/2010
New Coordinator Training
3Slide4
Regulatory Role
Deadlines
Plan Implementation
Statutory Use of Fees
Plan Writing
7/21/2010
New Coordinator Training
4
EPASlide5
Deadlines
Annual District Reports
June
1
Quarter Fee Reports
May 15August 15
November 15
February 15
PlansDrafts: every 3 or 5
yrsFinals: due 15 months after draft (18 months for approval)
See web page for schedule
7/21/2010
New Coordinator Training5Slide6
Deadlines
What Happens if I Miss a Deadline?
Notice of Violation (NOV)
1
st Step in Enforcement Process
What Will NOV say?SWMD is in violation of law
Contact Ohio EPA Immediately
7/21/2010
New Coordinator Training
6Slide7
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 submittedYou will receive a simpler NOV
No Requirement to “Contact Ohio EPA Immediately”
7/21/2010
New Coordinator Training
7Slide8
Deadlines
NOVs:
Both a big and little
d
ealBig - 1st
step in enforcement processLittle – 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 scenarioDon’t make a habit of missing deadlines
Will receive return to compliance letter when resolved
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New Coordinator Training
8Slide9
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
7/12/2012
SWMD New Coordinator Training
9Slide10
Implementing the approved plan
7/21/2010
New Coordinator Training
10Slide11
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”
7/21/2010
New Coordinator Training
11Slide12
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.”
7/21/2010
New Coordinator Training
12Slide13
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
7/21/2010
New Coordinator Training
13Slide14
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
7/21/2010
New Coordinator Training
14Slide15
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 issueGeneral obligation to do what is in the planNo 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
7/21/2010
New Coordinator Training
15Slide16
Use of Fees
7/21/2010
New Coordinator Training
16Slide17
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
7/21/2010
New Coordinator Training
17Slide18
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)
7/21/2010
New Coordinator Training
18Slide19
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”)
7/21/2010
New Coordinator Training
19Slide20
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
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New Coordinator Training
20Slide21
Plan Writing
7/21/2010
New Coordinator Training
21Slide22
Plan Writing
Ohio EPA
Required
by Statute to write a plan if SWMD fails to meet final plan deadline
No extensions, no exceptions grantedDeadline – 18 months after draft plan is due to Ohio EPA – Schedule on Website
Most Important Deadline
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New Coordinator Training
22Slide23
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
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New Coordinator Training
23Slide24
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
PersonnelCosts/fundingWon’t re-invent the wheel
Won’t hesitate to fundamentally change SWMD programs
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New Coordinator Training
24Slide25
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 budgetsOhio EPA can line-item veto proposed budgets
7/21/2010
New Coordinator Training
25Slide26
Plan Writing
Typically Major “
Disfunctionality
” leads to Ohio EPA writing a plan
Disagreement between CountiesOff-loading entire plan writing responsibility to consultant
District Coordinator part-time, over-assigned, poorly trained, unfamiliar with process or consequencesPolicy Committee Not Engaged
In these cases, experience may end up being positive, not negative
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New Coordinator Training
26Slide27
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
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New Coordinator Training
27Slide28
Technical Assistance
with Christopher
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New Coordinator Training
28Slide29
Resources
Workgroup
DMWM Website
GIS/Maps
Collection Events List*
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New Coordinator Training
29Slide30
Workgroup
Quarterly Meetings
Ohio EPA, Planners, Coordinators, Consultants, Grant Administrators and others
Varied presentations and discussions
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New Coordinator Training
30Slide31
DMWM Website
7/21/2010
New Coordinator Training
31Slide32
GIS/Maps
7/21/2010
New Coordinator Training
32Slide33
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
7/21/2010
New Coordinator Training
33Slide34
Ohio Solid Waste Management Review (HB 592 Review)
7/21/2010
New Coordinator Training
34Slide35
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
7/21/2010
New Coordinator Training
35Slide36
Process
Phase I: Information Gathering
March – June 2012
Phase II: Discussion and Census Building
July – October 2012
Phase III: Formal ProposalOctober – December 2012Phase IV: Legislative Initiative
2013
7/21/2010
New Coordinator Training
36Slide37
Where we are
7/21/2010
New Coordinator Training
37
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 researchSlide38
Website
7/21/2010
New Coordinator Training
38Slide39
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
7/21/2010
New Coordinator Training
39Slide40
Phase II Meetings
July 16
th
in Elyria
Lorain County Transportation & Community Center
July 23rd in Kettering
National Composite Center
July 30
th
in ColumbusOhio EPA / WebEx
7/21/2010
New Coordinator Training
40Slide41
Model ProgramsFuture
of Solid Waste
with Andrew (played by Ernie)
7/21/2010
New Coordinator Training
41Slide42
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
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New Coordinator Training
42Slide43
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
7/21/2010
New Coordinator Training
43
$
$
$
$
$
$Slide44
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?
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New Coordinator Training
44Slide45
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
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New Coordinator Training
45Slide46
New Recycling Programs and Trends
Organics Diversion
Rapid growth throughout state
Mostly commercial businesses
Kroger
Wall-martState FairSporting Venues
Interest in Residential Collection as Well
7/21/2010
New Coordinator Training
46Slide47
New Recycling Programs and Trends
Waste and recycling consortiums
Uniform collection services
Improved service
Often get better price for more services
7/12/2012
SWMD New Coordinator Training
47Slide48
New Recycling Programs and Trends
Waste-to-Energy Technology
Anaerobic Digestion
Akron, Columbus, several others
Pyrolysis/Gasification
Clyde
Cleveland
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New Coordinator Training
48
=Slide49
Research,
Program Development &
Data
with Deb Hoffman
7/12/2012
SWMD New Coordinator Training
49Slide50
Overview
Electronic waste
(
kinda
old)
Pharmaceuticals
Product Stewardship
Food
Waste
Data
7/21/2010
New Coordinator Training
50Slide51
Electronic Waste
1.7 million tons of e-waste disposed of in 2006 (landfill or incineration)
2.1 million tons ready for End-of-Life (EOL) management in 2006 (220.9 million units )
Digital Transition, June 2009 sparked awareness
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New Coordinator Training
51Slide52
The E-waste Issue
2007
- 22 SWMDs collected over 1 million pounds of televisions
(approximately 17,000 units)
2008
- 20 SWMDs collected 915,000 pounds of televisions collected
(over 13,000 units)
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New Coordinator Training
52Slide53
Pharmaceuticals
Involved since 2008
Guidance Document
National conversation
In the news…Ohio will start permanent drop-box program
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SWMD New Coordinator Training
53Slide54
Product Stewardship
Midwest Product Stewardship Council
Product stewardship
directs
all those involved in the life cycle of a product to take responsibility for the impacts to human health and the natural environment that result from the production, use, and end-of-life management of the product.
7/12/2012
SWMD New Coordinator Training
54Slide55
Food Scraps
SWMD New Coordinator Training
7/12/2012
55
Urban agriculture
Curbside Residential
Commercial , Industrial, InstitutionalSlide56
Data
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56Slide57
Facility Data Report
Available on website
Valuable tool
(
when you need it)Disposal by landfill
Disposal by countyDisposal by type of wasteTransferred waste
Landfill capacity
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New Coordinator Training
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Other data…
Scrap Tire Data
Compost Data
Material Recovery Facility (MRF) Data
Need something?
Talk to us.
7/21/2010
New Coordinator Training
59Slide60
Deb Hoffman
614.728.5353
deb.hoffman@epa.state.oh.us
Questions?