SOLID WASTE MANAGEMENTSOLID WASTE MANAGEMENT

American Bar AssociationAmerican Bar Association

Forum on the Construction IndustryForum on the Construction Industry

American Bar AssociationAmerican Bar Association

Forum on the Construction IndustryForum on the Construction Industry

Presented By:Presented By:Bruce J. Clark, PE, BCEEBruce J. Clark, PE, BCEE

SCS EngineersSCS Engineers

Danielle J. ColeDanielle J. ColePeckar & AbramsonPeckar & Abramson

InfrastructureCivil Works Projects for Lawyers

Solid Waste Management Involves:

Solid Waste Management Involves:

▪ Collection▪ Processing▪ Recovery▪ Disposal

Solid Waste Regulation▪ 1965 Solid Waste Disposal Act

▪ 1976 Resource Conservation and Recovery Act (RCRA)

Waste Management Hierarchy(U.S. EPA)

4

Source Reduction

Reuse

Recycling and Composting

Resource Recovery

Incineration

Disposal

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.

Solid Waste Collection and Transfer

Residential Collection:Primarily single family residential properties

Commercial Collection:BusinessesMultifamily Complexes Industrial FacilitiesSchoolsGovernment ComplexesHospitalsConstruction Sites

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)

Solid Waste Management Approaches

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

Solid Waste Management Plans:

Solid Waste Management Approaches

Recycling:

Residential:

Recyclables include:glass bottlesplastic bottlesaluminum cans/foiltin and bimetal cansnewspapercardboardpaper

Some communities have implemented programs rewarding residents for recycling.

A few communities, mostly California, provide curbside collection of separated organics – i.e. food waste.

Solid Waste Management Approaches

Recycling:

Commercial and Institutional come from:

Businesses and officesShopping centersGovernment buildingsSchools & collegesHospitalsRetirement homesRestaurantsOther sources

Solid Waste Management Approaches

Recycling:

Industrial: Industrial sources typically generate recyclables such as:Beverage bottles and cansCorrugated cardboardPaper from office areas and break roomsMany industrial processes reuse scraps or surpluses as part of their operations.

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

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.

Waste to Energy and Conversion Technology

▪ Thermal (combustion-based)

Mass Burn Modular Combustion Refuse-Derived Fuel (RDF) Fluidized Bed

Waste to Energy and Conversion TechnologyByproducts 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.

Waste to Energy and Conversion Technology

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

Mass Burn:

Waste to Energy and Conversion Technology

Emerging waste technologies seek to maximize conversion of waste materials into energy and useful products with reduced air emission, and less unused by-products.

Emerging Waste Conversion Technologies:

Thermo-Chemical- Gasification- Pyrolysis

Bio-Chemical- Anaerobic Digestion

Integrated- Fermentation of syngas

Simplified Classification

Waste to Energy and Conversion Technology

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

Emerging Waste Conversion Technologies:

Waste to Energy and Conversion Technology

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).

Emerging Waste Conversion Technologies:

Waste to Energy and Conversion Technology

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.

Emerging Waste Conversion Technologies:

Landfills

Landfills

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

Landfills

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.

Site Selection / Siting:

Landfills

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.

Permitting:

Landfills

Bottom liners Leachate collection &

treatment systems Daily, intermediate & final

cover systems Storm drainage controls Landfill gas control &

utilization

Environmental Controls and Design Considerations

Landfills

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.

Environmental Controls and Design Considerations

Composite Liner

drainage and protective layer (1 to 2 feet)

filter fabric or gradedstone

leachatecollectionlayer

flexiblemembrane liner

clay, thickness varies(typical thickness, 2 feet

leachatecollectionpipes

Double Liner

drainage and load layer

flexiblemembrane liners

sub-base

optional clayor geo-

composite

secondary leak detection

leachatecollectionlayers

leachatecollection pipes

Landfills

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.

Environmental Controls and Design Considerations

Landfills

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.

Environmental Controls and Design Considerations

Final Cover

Landfills

Scalehouse

Active Disposal Areas

Odor Control

Waste Placement & Compaction

Cover Placement

Litter Control

Landfill Operations

Landfills

Equipment:

Landfill CompactorsBulldozersDump TrucksTrack HoesScrapersWater & Fuel Trucks

Landfill OperationsPersonnel:

Landfill ManagerLandfill SupervisorEquipment Operators & MechanicsScalehouse OperatorsEnvironmental ComplianceSpotters

LandfillsLandfills required to have written closure plans that describe the steps to close the landfill with the required cover and other closure design requirements.

Closure: 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.

Post-closure Care

Landfill - Redevelopment:

Landfill - Redevelopment

Landfills

Objective of assurances is to guarantee the funds necessary to meet the costs of closure, postclosure care and corrective action when needed.

Financial Assurances

Options:Trust FundSurety PaymentPerformance bondsLetter of CreditInsuranceCorporate Financial TestLocal Gov’t Financial TestCorporate GuaranteeLocal Gov’t. GuaranteeState-Approved MechanismState Assumption of Responsibility

“Top 5” Litigious Topics

▪ Facility Siting & Permitting

▪ Waste Flow Control

▪ Personal Injury

▪ Environmental Impacts (i.e, odors, groundwater pollution, etc.)

▪ Facility Construction-related claim

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),

Legal Issues Presented by Legal Issues Presented by Solid Waste ConstructionSolid Waste Construction

Quantification of WorkQuantification of Work▪ Construction of “cells” in landfills requires the removal of Construction of “cells” in landfills requires the removal of

extraordinary amounts of very heavy material (dirt and rock)extraordinary amounts of very heavy material (dirt and rock)

▪ Payment for excavation work is generally done on a unit-price Payment for excavation work is generally done on a unit-price basis where a unit can be from a volume (cubic yard), weight basis where a unit can be from a volume (cubic yard), weight (ton), or haul unit (a load, for example)(ton), or haul unit (a load, for example)

▪ Unit prices determine payment, and precise definition and Unit prices determine payment, and precise definition and measurement of units is therefore criticalmeasurement of units is therefore critical

▪ Dirt and other native materials occupy very different volumes Dirt and other native materials occupy very different volumes in situ in situ than after excavation, and there are generally accepted than after excavation, and there are generally accepted mechanisms for converting mechanisms for converting

Quantification of WorkQuantification of Work

▪ Example of quantification by volumeExample of quantification by volume– Requires some specification and measurement of pre-Requires some specification and measurement of pre-

construction field conditions (often a survey stipulated by construction field conditions (often a survey stipulated by the parties)the parties)

– Requires some final measurement of as-built conditions Requires some final measurement of as-built conditions (also usually accomplished by survey)(also usually accomplished by survey)

– Contract must give binding effect to method of Contract must give binding effect to method of quantification so as to avoid disputes (for example, load quantification so as to avoid disputes (for example, load counts or weighed volumes may suggest different – even counts or weighed volumes may suggest different – even dramatically different -- quantities of excavation dramatically different -- quantities of excavation completed)completed)

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.

Case Study in DamagesCase Study in Damages

▪ Assumption of Facts Giving Rise to ClaimAssumption of Facts Giving Rise to Claim– Owner provides plans and specifications showing precisely where Owner provides plans and specifications showing precisely where

excavated dirt can be placed during construction of landfill cell excavated dirt can be placed during construction of landfill cell expansion. The topography apparently allows all the dirt to be expansion. The topography apparently allows all the dirt to be placed within 500 yards of the excavation. placed within 500 yards of the excavation.

– As it turns out, the quantity of excavated dirt after expansion is As it turns out, the quantity of excavated dirt after expansion is 80,000 cubic yards greater than the disposal areas provided by the 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 owner adjacent to the property, and the owner directs that the dirt be removed to another site 1950 yards away. removed to another site 1950 yards away.

– The contractor is required to remove 100,000 cubic yards of dirt 1450 The contractor is required to remove 100,000 cubic yards of dirt 1450 yards farther than originally anticipated.yards farther than originally anticipated.

– What can the contractor recover, and what issues arise in proving What can the contractor recover, and what issues arise in proving damages? damages?

Case Study in DamagesCase Study in Damages

▪ Considerations in quantifying damages based on assumptionsConsiderations in quantifying damages based on assumptions– The easiest part of the answer is that the contractor incurs extra costs The easiest part of the answer is that the contractor incurs extra costs

to drive a haul truck 1950 yards instead of 500 yards.to drive a haul truck 1950 yards instead of 500 yards.– What if the site is uphill, requires driving through muck, or presents What if the site is uphill, requires driving through muck, or presents

problems dumping the dirt? Industry studies have quantified the problems dumping the dirt? Industry studies have quantified the expected requirements of excavation in a variety of different expected requirements of excavation in a variety of different conditions.conditions.

– The additional portage will delay construction of the cell unless the The additional portage will delay construction of the cell unless the contractor can add additional haul equipment; how do you quantify contractor can add additional haul equipment; how do you quantify the delay associated with altering the excavation cycles planned by the delay associated with altering the excavation cycles planned by the contractor? the contractor?

Case Study in DamagesCase Study in Damages

▪ Considerations in quantifying damages based on assumptionsConsiderations in quantifying damages based on assumptions– Additional equipment will require additional mobilizationAdditional equipment will require additional mobilization– A careful excavator documents its work quantities and capabilities A careful excavator documents its work quantities and capabilities

carefully, not only for internal estimation purposes, but also to carefully, not only for internal estimation purposes, but also to demonstrate the actual performance of its work.demonstrate the actual performance of its work.

– In the simplest case, for example, a contractor does not want to use a 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 single excavator to load a single truck, then let the excavator to remain idle for twelve minutes while the truck dumps its load and remain idle for twelve minutes while the truck dumps its load and returns. returns.

– For example, at the outset of a project an excavator may create video 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 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 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 “struck” capacity may not be as important as its actual capacity in the field. field.

Thank YouThank You