swmd new coordinator training july 12, 2012 lazarus government center columbus, ohio

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SWMD New Coordinator TrainingJuly 12, 2012Lazarus Government CenterColumbus, OhioOhio EPAs Regulatory Rolewith Andrew (played by Ernie)7/21/2010New Coordinator Training2Regulatory RolePrimarily Partners and Supporters of SWMDsTechnical Assistance, Information Sharing, Promoting Successful Programs, Trouble Shooting, Networking

Also Play a Regulatory RoleAssuring that statutory and regulatory requirements are metCompliance MonitoringEnforcement

7/21/2010New Coordinator Training3

That is one of the purposes behind the Workgroup3Regulatory RoleDeadlines

Plan Implementation

Statutory Use of Fees

Plan Writing


EPADeadlinesAnnual District Reports June 1Quarter Fee ReportsMay 15August 15November 15February 15PlansDrafts: every 3 or 5 yrsFinals: due 15 months after draft (18 months for approval)See web page for schedule


DeadlinesWhat Happens if I Miss a Deadline?

Notice of Violation (NOV)1st Step in Enforcement Process

What Will NOV say?SWMD is in violation of lawContact Ohio EPA Immediately


6DeadlinesIf You Know You Will Miss a DeadlineWe cant give you an extensionSend Ohio EPA a letter saying why going to miss, include schedule for when item will be submittedYou will receive a simpler NOVNo Requirement to Contact Ohio EPA Immediately

7/21/2010New Coordinator Training7DeadlinesNOVs:Both a big and little dealBig - 1st step in enforcement processLittle can easily go awayCan establish a pattern of non-complianceNOVs establish a paper trailThis matters if you ever get to an enforcement scenarioDont make a habit of missing deadlinesWill receive return to compliance letter when resolved

7/21/2010New Coordinator Training8DeadlinesFinal Plans

If SWMD fails to obtain approved plan by deadline then:Ohio EPA required to prepare planBill SWMD for costsSWMD loses powersSWMD submits quarterly budgets to Ohio EPA7/12/2012SWMD New Coordinator Training9Ohio EPA has prepared solid waste plans for at least 6 SWMDs in the past 6 years. Is in the process of preparing plan for one SWMD.9Implementing the approved plan

7/21/2010New Coordinator Training10Plan ImplementationSWMDs are required by statute to implement their PlansORC 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.SoAn approved plan is a strategy for actionRequires follow-throughNot just a plan

7/21/2010New Coordinator Training11Plan ImplementationWhat 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 districts plan . . .the director shall issue an enforcement order. . . directing the board to comply with the plan within a specified, reasonable time.

7/21/2010New Coordinator Training12Plan ImplementationMaterial failure to implement plan

A finding of material failure would be a big deal

Ohio EPA monitors implementation through ADRs, visits, and other communication

7/21/2010New Coordinator Training13Plan ImplementationWhat 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 implementationRedundant programsHow something is done vs. what is donee.g. Directly provide vs. contracted

7/21/2010New Coordinator Training14Plan ImplementationA finding of material failure would not come out of the blueADR reviews, NOVs, other correspondence would precede a findingFailure to implement a program not the only issueGeneral obligation to do what is in the planNo authority to do other things NOT in the planThe plan governs SWMD activitiesMajor programs and facilities must be in planDetailed ADRs and good communication are keys to avoiding problems

7/21/2010New Coordinator Training15Use of Fees

7/21/2010New Coordinator Training16Statutory Use of Fees10 Allowable Uses Identified in ORC 3734.57(G)Use of Disposal and Generation Fees Governed by these feesOther fee types and revenues may be governed by some or all of these uses as wellORC 343.08 Rates and Charges references back to ten allowable usesOther revenues may be governed by uses

7/21/2010New Coordinator Training17Statutory Use of FeesPlan Development & MonitoringPlan ImplementationHD Funding enforcementCounty Assistance defray added costs of maintaining roads. . .resulting from location and operation of a solid waste facility. . .HD Funding water wells adjacent to landfillsOut-of-State Waste Inspections (probably not legal; virtually never used)

7/21/2010New Coordinator Training18Statutory Use of FeesHD & Law Enforcement funding open dumping and anti-litterHD 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. . .Dont worry about it its never been used (payments to affected community)7/21/2010New Coordinator Training19Statutory Use of FeesQuarterly Fee Reports Identify ExpendituresWe get the occasional confidential or even anonymous phone callOhio EPA working more closely with State Auditors Office on fee issuesGood Communication is the Key

7/21/2010New Coordinator Training20Plan Writing

7/21/2010New Coordinator Training21Plan WritingOhio EPA Required by Statute to write a plan if SWMD fails to meet final plan deadlineNo extensions, no exceptions grantedDeadline 18 months after draft plan is due to Ohio EPA Schedule on WebsiteMost Important Deadline

7/21/2010New Coordinator Training22Plan WritingWeve written about 6 in last 10 yearsCurrently writing 1 plan

The most significant consequence that SWMDs experience for failure to meet requirements

7/21/2010New Coordinator Training23Plan WritingWe can write plan in house or contract out to consultantCost recovery for certain expenses (including contracted services)Top-to-bottom evaluation of SWMD & ProgramsCore programsPersonnelCosts/fundingWont re-invent the wheelWont hesitate to fundamentally change SWMD programs

7/21/2010New Coordinator Training24Plan WritingOhio EPA cant change or establish feesPlan identifies programs, SWMD has to figure out how to fundWe typically identify funding optionsPlan cant provide for Rule-writing AuthorityAfter Plan Issued, SWMD must submit quarterly proposed budgetsOhio EPA can line-item veto proposed budgets

7/21/2010New Coordinator Training25Plan WritingTypically Major Disfunctionality leads to Ohio EPA writing a planDisagreement between CountiesOff-loading entire plan writing responsibility to consultantDistrict Coordinator part-time, over-assigned, poorly trained, unfamiliar with process or consequencesPolicy Committee Not EngagedIn these cases, experience may end up being positive, not negative

7/21/2010New Coordinator Training26Regulatory RoleWe would much rather support SWMDs than enforce against them

Its 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

7/21/2010New Coordinator Training27Technical Assistancewith Christopher 7/21/2010New Coordinator Training28

ResourcesWorkgroup

DMWM Website

GIS/Maps

Collection Events List*


WorkgroupQuarterly Meetings

Ohio EPA, Planners, Coordinators, Consultants, Grant Administrators and others

Varied presentations and discussions


DMWM Website7/21/2010New Coordinator Training31

GIS/Maps7/21/2010New Coordinator Training32

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


Ohio Solid Waste Management Review (HB 592 Review)7/21/2010New Coordinator Training34

34Why the Review?It has been on Ohio EPAs 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


ProcessPhase I: Information GatheringMarch June 2012

Phase II: Discussion and Census BuildingJuly October 2012

Phase III: Formal ProposalOctober December 2012

Phase IV: Legislative Initiative2013


Where we are7/21/2010New Coordinator Training37Phase 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

Website7/21/2010New Coordinator Training38

How to ParticipateGet 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 Germain614/[email protected]/21/2010New Coordinator Training39

Phase II MeetingsJuly 16th in ElyriaLorain County Transportation & Community Center

July 23rd in KetteringNational Composite Center

July 30th in ColumbusOhio EPA / WebEx


Model ProgramsFuture of Solid Wastewith Andrew (played by Ernie)7/21/2010New Coordinator Training41Recycling Programs and TrendsAutomated Single-Stream CollectionGive customers a wheeled cart (96-gallon)Pick up weeklySignificant increases in participation and diversionFuture: Three cart system Waste/Recycling/Organics


Recycling Programs and TrendsVolume-Based Collection (Pay-As-You-Throw)Not new, but renewed interestBeing sold from an equity, fairness, cost control perspective

Curbside in the Biggest CitiesCleveland, Toledo, Columbus moving forwardBig 6 all have programs in place or underwayOhio EPA will be looking at Next Tier cities in the future


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$$Big 6 = Akron, Cincinnati, Columbus, Cleveland, Dayton, Toledo43New Recycling Programs and TrendsPAYT Drop-Off (Logan County)

Nicely developed permanent recycling drop-off sitePurchase garbage bags at vending machine/recycling is freeDispose 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 Recycling Programs and TrendsRecycling Transfer Stations

Unprecedented investment in private sector MRFs in recent yearsMuch stronger competition for recyclable materialLike disposal, we will see material being shipped longer distances to be processed at large, high-volume MRFs

7/21/2010New Coordinator Training4545New Recycling Programs and TrendsOrganics DiversionRapid growth throughout stateMostly commercial businessesKrogerWall-martState FairSporting VenuesInterest in Residential Collection as Well

7/21/2010New Coordinator Training46New Recycling Programs and TrendsWaste and recycling consortiumsUniform collection servicesImproved serviceOften get better price for more services7/12/2012SWMD New Coordinator Training47

47New Recycling Programs and TrendsWaste-to-Energy Technology

Anaerobic DigestionAkron, Columbus, several others

Pyrolysis/GasificationClydeCleveland


=Research,Program Development &Datawith Deb Hoffman

7/12/2012SWMD New Coordinator Training49OverviewElectronic waste (kinda old)PharmaceuticalsProduct StewardshipFood WasteData


50Electronic Waste1.7 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


The E-waste Issue2007 - 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)


PharmaceuticalsInvolved since 2008Guidance DocumentNational conversationIn the newsOhio will start permanent drop-box program

7/12/2012SWMD New Coordinator Training53

Product StewardshipMidwest 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.

7/12/2012SWMD New Coordinator Training54Food ScrapsSWMD New Coordinator Training7/12/201255

Urban agricultureCurbside ResidentialCommercial , Industrial, Institutional

Data7/21/2010New Coordinator Training56Facility Data ReportAvailable on websiteValuable tool (when you need it)

Disposal by landfillDisposal by countyDisposal by type of wasteTransferred wasteLandfill capacity7/21/2010New Coordinator Training57


Other dataScrap Tire DataCompost DataMaterial Recovery Facility (MRF) Data Need something? Talk to us.7/21/2010New Coordinator Training59

59Deb [email protected]?

swmd new coordinator training july 12, 2012 lazarus government center columbus, ohio

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