ADEM Update Association of County Engineers of Alabama Annual Conference May 13, 2015 adem.alabama.gov

Overview AST Compliance Assistance Project Update Solid Waste Management Plans Unauthorized Dump/Scrap Tire Site Remediation Programs Scrap Tire ROW Cleanup Program ADEM Budget

Aboveground Storage Tank (AST) Compliance Assistance Project Update adem.alabama.gov

AST Compliance Assistance Purpose Inform local governments of AST compliance requirements Inform local governments of Alabama Tank Trust Fund (ATTF) benefits Provide local governments with resources to aid in compliance and ATTF eligibility

adem.alabama.gov Facilities Targeted in the AST Project County/City Maintenance Shops County/City School Systems Municipal Wastewater Treatment Facilities

adem.alabama.gov AST Compliance Assistance Process Contact appropriate local government personnel Conduct compliance assistance visits  Provide appropriate informational handouts such as AST notification, SPCC Brochure, and AST Owner Memorandum  Provide owner/operator with points of contact for questions

adem.alabama.gov AST Trust Fund Eligibility Requirements Registration of AST with ADEM Remain in Substantial Compliance Comply with NPDES Permit Requirements Comply with SPCC Requirements Maintain Financial Responsibility in the Amount of $10,000 per Release

adem.alabama.gov Progress on AST Assistance Sites ADEM Office Total Visited Total Sites Total Complete Decatur % Birmingham % Montgomery % Mobile % Total %

adem.alabama.gov Progress on Priority Facilities ADEM Office Priority Visited Priority Sites Priority Complete Decatur % Birmingham % Montgomery % Mobile % Total %

adem.alabama.gov Issues Found at Targeted AST Facilities New Tanks Not Registered at Existing Sites or Unregistered Satellite Tank Sites  ADEM Form# 283 Incomplete or No SPCC Plan Secondary Containment Not Maintained (valves left open or berm having cracks/ holes)

adem.alabama.gov Key Elements of SPCC Plan (40 CFR 112) Facility Diagram & Description of Facility Facility Drainage Facility Inspections Personnel Training & Oil Prevention Briefings Recordkeeping Requirements Plan Certification Site Security

adem.alabama.gov AST Compliance Assistance Questions? ADEM Groundwater Branch

adem.alabama.gov Local Solid Waste Management Plans (SWMP)

adem.alabama.gov Regulatory Background A Solid Waste Management Plan (SWMP) is a plan that outlines the collection, transportation, and disposal of solid waste within a jurisdictional boundary. Began with the passage of Section Article 3 of the Code of Alabama in Currently there are 89 SWMP in Alabama.

adem.alabama.gov Expiring County SWMP County SWMP Expired 20 Renewed 7 Pending (Bullock, Coosa, Lamar, Lawrence, Jefferson, Perry, Washington) County SWMP Expiring 5 Renewed 2 Pending (Clay, Mobile) County SWMP Expiring

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Background (Con’t) Who Should Have a SWMP? All Counties are Required Municipalities may opt out of County Plan and create their own local SWMP (Currently 24) Counties can join together to form a regional plan (last 10 yr. cycle = 1 regional plan formed by 3 counties)

adem.alabama.gov Section Local Solid Waste Management Plans Each County and any municipality shall submit to the Department a plan for the management of solid waste generated within its boundaries. A County’s plan shall include the municipal jurisdictions within it’s bounties except for any municipality that opts out for their own plan. Cities which do not choose to exclude themselves from the County’s plan shall be responsible to share the County costs proportionately. Counties may combine in the development of a joint solid waste management plan. If a County or City does not submit a required plan (nor meets minimum requirements), the Department shall prepare the official plan.

adem.alabama.gov Section Local Solid Waste Management Plans (cont.) Each plan should contain, at a minimum: 1.Describe and explain the general origin, and weight or volume of solid waste currently generated within the jurisdiction’s boundaries. 2.Identify current methods of collection and haulage of solid waste within the jurisdiction. 3.Identify and describe the facilities where solid waste is currently being disposed or processed and the remaining available capacity and the capacity which could be made available through the reasonable expansion of such facilities.

adem.alabama.gov Section Local Solid Waste Management Plans (cont.) 4.Provide a description of current or planned recycling programs and an analysis of their impact on waste generated within the jurisdiction. 5.Address the requirements proposed under Subtitle D of the federal Resource Conservation and Recovery Act to assure proper management of its wastes. 6.Propose procedures for the identification and elimination of unauthorized dumps in the jurisdiction. 7.Describe and explain the general origin and weight of volume of solid waste reasonably expected to be generated annually during the next 10 years.

adem.alabama.gov Benefits of SWMP Why is it important to have an updated SWMP? 1.Contracts (Collection, Transportation, and Disposal) 2.Landfill Permitting 3.Recycling Grants Opportunities

adem.alabama.gov Contracts Section of the Code of Alabama states: “The governing body of a county or municipality has a responsibility for and the authority to assure the proper management of solid wastes generated within its jurisdiction in accord with its solid waste management plan.” Law Impacts Contracts and Operations of: Solid Waste Collection Transfer Stations Landfills

adem.alabama.gov Landfill Permitting Requirements for Approving New or Certain Modifications to Landfills (Section of the Code of Alabama) Approved SWMP Host Government Approval Consideration of the Application by ADEM NOTE: This does not apply to private industrial landfills.

adem.alabama.gov Landfills Requirements for Host Government Approval: Public Notice in Newspaper of General Circulation  Date of Public Hearing  Landfill Action to be Considered  Must state the relevance and consistency with the local solid waste management plan  Contact person to obtain additional information and to review both the SWMP and the application of proposed action Public Hearing Approval by Host Government

adem.alabama.gov Landfills ADEM will not consider applications for new landfills or certain modifications to existing landfills until local host government approval has been granted. Proposed landfill actions that require host government approval:  New Landfills  Horizontal Expansion of Facility  Volume Increases  Service Area Increases  Upgrading Classification of Landfill (i.e. C/D to MSW)

adem.alabama.gov Recycling Grants Alabama Recycling Fund Grants Provide Grants to local governments, authorities, and nonprofit organizations for use in developing, implementing, and enhancing local recycling, reuse and waste minimization projects and programs. Applications due by March 1 st. Funding – ARF Funds: ~$10.7 million awarded  FY 2009, ~$1.1 million in grants.  FY 2010, ~$1.7 million in grants.  FY 2011, ~$2 million awarded to 22 projects from 34 applicants.  FY 2012, ~$2 million awarded to 17 projects from 23 applicants.  FY 2013, ~$2.3 million awarded to 19 projects from 31 applicants.  FY 2014, ~$1.6 million awarded to 16 projects from 22 applicants

adem.alabama.gov Eligible Grant Items Recycling Trucks Roll Carts MRF Construction Drop-Off Boxes Education Materials SWMP Revision Separators Balers Bins Facility Costs Trucks Trailers Shredders PSA Compactors Conveyors Bags Forklift Pick-ups Scales

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SWMP Requirements Questions? Scott Story, Chief Solid Waste Engineering Section (334)

adem.alabama.gov ADEM Solid Waste Remediation Programs

adem.alabama.gov UAD/Scrap Tire Site Remediation Programs Provides funding for the remediation of eligible UAD/Tire Pile sites  Funded by a portion of $1/Ton fee on SW Disposal and $1/Tire fee on tire sales  Sites subject to eligibility requirements 110 UAD eligible sites currently on cleanup list 16 Tire Pile sites currently in-process for cleanup

adem.alabama.gov UAD Remediation From :  348 UAD sites remediated  ~49,000 T of SW removed and properly disposed  155 cleaned up through ICA process  ~$11 million expended from SWF ~$7 million ICA process

adem.alabama.gov UAD Remediation Program

adem.alabama.gov UAD Remediation Program

adem.alabama.gov Unauthorized Dump Site Remediation

adem.alabama.gov Scrap Tire Site Remediation From :  122 ST sites remediated  ~40,000 ST/~3,000 T SW removed and properly disposed  32 sites cleaned up through ICA process  ~$1.9 million expended from STF ~$800,000 ICA process

adem.alabama.gov Scrap Tire Site Remediation

adem.alabama.gov ADEM Scrap Tire ROW Cleanup Program Established to provide assistance to counties with ST ROW issues. Items eligible for reimbursement:  Personnel Costs  Equipment Costs  Costs of Disposal/Beneficial Use of Discarded Tires Subject to certain limitations

adem.alabama.gov ADEM Scrap Tire ROW Cleanup Program Activities 2011-Present 47 of the 67 counties currently enrolled  Removed approximately 480,000 PTE from county rights-of-way  Reimbursed counties ~ 3.6 million

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Solid Waste Remediation Programs Questions? Brent Watson (334)

adem.alabama.gov FY 2016 Budget

adem.alabama.gov FY 2016 Budget ADEM requested an additional $1.3 million for FY16 above FY15 appropriation Governor Bentley’s FY16 budget proposed level funding for ADEM (~$1.0 million) Current austerity budget in Legislature would eliminate ADEM from the General Fund appropriation (“zero-out”) AND would require Department to rebate ~$9.6 million to the General Fund for FY16.

adem.alabama.gov FY 2016 Budget If this austerity budget were to pass:  County ROW program would likely end, or at least be significantly reduced;  Recycling grants would likely cease;  UAD/UASTA remediation would be significantly cut or possibly eliminated;  UST remediation funds could be reduced;  Permit and other fees would likely need to be increased by at least 20% to generated revenue necessary to match federal grants

adem.alabama.gov FY 2016 Budget What can you do?  Explain the importance of ADEM funding to your County Commissioners and Administrators  Engage ACCA to advocate on ADEM’s behalf  Contact your local legislative delegation and explain the need to adequately fund ADEM at levels at least equal to FY15 amounts  Share this information with other counties, cities and businesses that would be adversely impacted by the elimination of ADEM programs