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

OHIO EPA’S REGULATORY ROLE with Andrew (played by Ernie) 7/21/2010New Coordinator Training 2

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 7/21/2010New Coordinator Training 3

Regulatory Role Deadlines Plan Implementation Statutory Use of Fees Plan Writing 7/21/2010New Coordinator Training 4

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 7/21/2010New Coordinator Training 5

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 7/21/2010New Coordinator Training 6

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” 7/21/2010New Coordinator Training 7

Deadlines NOVs: – Both a big and little deal Big - 1 st 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 7/21/2010New Coordinator Training 8

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 7/12/2012SWMD New Coordinator Training 9

IMPLEMENTING THE APPROVED PLAN 7/21/2010New Coordinator Training 10

Plan Implementation SWMDs are required by statute to implement their Plans ORC (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” 7/21/2010New Coordinator Training 11

Plan Implementation What happens if a SWMD does not implement plan as approved? ORC (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.” 7/21/2010New Coordinator Training 12

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 7/21/2010New Coordinator Training 13

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 7/21/2010New Coordinator Training 14

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 7/21/2010New Coordinator Training 15

USE OF FEES 7/21/2010New Coordinator Training 16

Statutory Use of Fees “10 Allowable Uses” Identified in ORC (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 “Rates and Charges” references back to ten allowable uses Other revenues may be governed by uses 7/21/2010New Coordinator Training 17

Statutory Use of Fees 1.Plan Development & Monitoring 2.Plan Implementation 3.HD Funding – enforcement 4.County Assistance – “defray added costs of maintaining roads...resulting from location and operation of a solid waste facility...” 5.HD Funding – water wells adjacent to landfills 6.Out-of-State Waste Inspections (probably not legal; virtually never used) 7/21/2010New Coordinator Training 18

Statutory Use of Fees 7.HD & Law Enforcement funding – open dumping and anti- litter 8.HD Funding – Certification Program (not available) 9.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...” 10.Don’t worry about it – it’s never been used (payments to “affected community”) 7/21/2010New Coordinator Training 19

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 7/21/2010New Coordinator Training 20

PLAN WRITING 7/21/2010New Coordinator Training 21

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 7/21/2010New Coordinator Training 22

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 7/21/2010New Coordinator Training 23

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 7/21/2010New Coordinator Training 24

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 7/21/2010New Coordinator Training 25

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 7/21/2010New Coordinator Training 26

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 7/21/2010New Coordinator Training 27

TECHNICAL ASSISTANCE with Christopher 7/21/2010New Coordinator Training 28

Resources Workgroup DMWM Website GIS/Maps Collection Events List* 7/21/2010New Coordinator Training 29

Workgroup Quarterly Meetings Ohio EPA, Planners, Coordinators, Consultants, Grant Administrators and others Varied presentations and discussions 7/21/2010New Coordinator Training 30

DMWM Website 7/21/2010New Coordinator Training 31

GIS/Maps 7/21/2010New Coordinator Training 32

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 ListCollection List 7/21/2010New Coordinator Training 33

Ohio Solid Waste Management Review (HB 592 Review) 7/21/2010New Coordinator Training 34

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 7/21/2010New Coordinator Training 35

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 /21/2010New Coordinator Training 36

Where we are 7/21/2010New 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 research

Website 7/21/2010New Coordinator Training 38

How to Participate Get on the listserv Attend a Phase II meeting Submit written comments (hard copy or electronic) Review and comment on the Formal Proposal Contact: Christopher Germain 614/ /21/2010New Coordinator Training 39

Phase II Meetings July 16 th in Elyria – Lorain County Transportation & Community Center July 23 rd in Kettering – National Composite Center July 30 th in Columbus – Ohio EPA / WebEx 7/21/2010New Coordinator Training 40

MODEL PROGRAMS FUTURE OF SOLID WASTE with Andrew (played by Ernie) 7/21/2010New Coordinator Training 41

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 7/21/2010New Coordinator Training 42

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 7/21/2010New Coordinator Training 43 $ $ $ $ $ $

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? 7/21/2010New Coordinator Training 44

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 7/21/2010New Coordinator Training 45

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 7/21/2010New Coordinator Training 46

New Recycling Programs and Trends Waste and recycling consortiums Uniform collection services Improved service Often get better price for more services 7/12/2012SWMD New Coordinator Training 47

New Recycling Programs and Trends Waste-to-Energy Technology – Anaerobic Digestion Akron, Columbus, several others – Pyrolysis/Gasification Clyde Cleveland 7/21/2010New Coordinator Training 48 =

RESEARCH, PROGRAM DEVELOPMENT & DATA with Deb Hoffman 7/12/2012SWMD New Coordinator Training 49

Overview Electronic waste (kinda old) Pharmaceuticals Product Stewardship Food Waste Data 7/21/2010New Coordinator Training 50

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 7/21/2010New Coordinator Training 51

The E-waste Issue SWMDs collected over 1 million pounds of televisions (approximately 17,000 units) SWMDs collected 915,000 pounds of televisions collected (over 13,000 units) 7/21/2010New Coordinator Training 52

Pharmaceuticals Involved since 2008 Guidance Document National conversation In the news…Ohio will start permanent drop- box program 7/12/2012SWMD New Coordinator Training 53

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. 7/12/2012SWMD New Coordinator Training 54

Food Scraps SWMD New Coordinator Training7/12/ Urban agriculture Curbside Residential Commercial, Industrial, Institutional

Data 7/21/2010New Coordinator Training 56

Facility Data Report Available on website Valuable tool (when you need it) – Disposal by landfill – Disposal by county – Disposal by type of waste – Transferred waste – Landfill capacity 7/21/2010New Coordinator Training 57

7/21/2010New Coordinator Training 58

Other data… Scrap Tire Data Compost Data Material Recovery Facility (MRF) Data Need something? Talk to us. 7/21/2010New Coordinator Training 59

Deb Hoffman Questions?