Solid Waste Management Plans Update Webinar Training March 5, 2014

Regulations for the Development of Solid Waste Management Plans 9 VAC et seq. Solid Waste Management Plans – Components, Amendments & 5-Year required Updates

Authority Virginia Code § the Virginia Waste Management Act

§ Regional and local solid waste management plans. A. The Board is authorized to promulgate regulations specifying requirements for local and regional solid waste management plans. B. The Board's regulations shall include all aspects of solid waste management including waste reduction, recycling and reuse, storage, treatment, and disposal …, the Board shall consider urban concentrations, geographic conditions, markets, transportation conditions, and other appropriate factors ….

Current Plans  Cities, counties, towns and/or regional planning units of the Commonwealth have developed solid waste management plans and submitted to (and approved by) DEQ  Statutory recycling goal  Current Plans (71) were approved after 2003

Waste Management Hierarchy 9VAC Policy  Source Reduction  Reuse  Recycling  Resource Recovery (waste to energy)  Incineration  Landfilling High Low

Items to Consider for Solid Waste Management Planning 9VAC Planning Requirements  Urban concentrations  Geographic conditions  Markets for reuse or recycling  Transportation for the locality or region

Plan Incorporated Data  Estimates of solid waste generation and disposition  List of existing solid waste collection, storage, treatment, transportation, and disposal facilities * with expected life  Amendments to the SWMP  Strategy for public education and participation * Plan updates on later slides (Amendments)

Plan Incorporated Data [continued]  Provision for necessary funds and resources  Current and predicted needs for solid waste management for an on-going 20 year time period  Milestones in plan over the next 20 years

Recycling 9VAC Recycling Requirements Recycling rate is to be maintained at a minimum 15% or 25% based upon population and other factors

Recycling Reporting 9VAC Recycling rate reporting Initially, every city, county, town or region was to report their recycling rate by April 30 of each year. Under new legislation, after 2012 reporting, some jurisdictions (SWPUs with populations of 100,000 or less) will only be required to report every 4 years. (for the latter, the next reportable year is 2016)

SWPUs Required to Report Annually (17) AlexandriaPrince William County Arlington CountyRappahannock Regional Augusta-Staunton-WaynesboroRegion 2000 CVWMAHampton Roads Regional Fairfax CountySpotsylvania County Loudoun CountyThomas Jefferson Regional Montgomery RegionalVirginia Peninsulas PSA Mt Rogers PDC Newport News Northern Shenandoah Region

Amendments to SWMP 9VAC Amendments to Plan Defines two types of Amendments  Major Amendment - requires public participation before being submitted to DEQ  Minor Amendment - can be submitted directly to DEQ

Amendments [continued] Major Amendment:  Any addition, deletion, or cessation of operation of any solid waste disposal facility  Any increase in landfill capacity  Adoption of a Recycling Action Plan  Any changes that move lower in the waste management hierarchy  Any change to membership in the approved area Major Amendments must be approved by DEQ.

Amendments [continued] Minor Amendment:  Any addition, deletion, or cessation of operations of any facility that is not a solid waste disposal facility.  Any change that moves higher in the waste management hierarchy  Any non-substantive administrative change such as a name change Minor Amendments are submitted to DEQ for notation only. No approval is required from DEQ. The SWPU is the repository for the minor amendments.

SWMP Updates/Amendments Schedule SWMP Updates:  Due every five years – based upon plan approval date, in the form of a letter to DEQ  All amendments (Major or Minor) should be included in the updates. Amendments to the SWMP are submitted as necessary to the plan management.

How often does my plan need to be updated?  On or before each five-year anniversary of the department’s plan-approval date, the planning unit shall submit a letter to the department, by mail or electronic mail, certifying that the required plan elements (9 VAC ), have been maintained and updated (waste generation estimates, Plan schedule increments, and projected on-going 20-year waste management capacity). SWMP UPDATES/AMENDMENTS INFORMATION ( bin/legp604.exe?000+reg+9VAC )

SWMP UPDATES/AMENDMENTS INFORMATION  The generation and disposal rates projected for the next 20 years should be clear and adjusted to current generation and disposal rates (based upon data gathered in last 5 years)  The letter of certification will be used in the department’s assessment of whether any plan amendments are necessary and to ensure compliance with 9 VAC E.

5-Year Update Review Checklist (DEQ)  Estimates of SW Generation (household, business, industrial and Special)  Incorporated Data (milestones for plan implementation, over 20 years)  Solid Waste Management Facilities  Existing and planned (Waste management needs/capacity for next 20 years)  Action to be taken to meet waste management needs

Sample 5-year Update Letter The purpose of this letter is to certify that the key elements of the (SWPU)’s Solid Waste Management Plan (SWMP) are current in accordance with the Virginia Solid Waste Planning and Recycling Regulations, Amendment 2. Under Guidance , DEQ has outlined the information to be provided in the certification letter. Listed below are the items that must be addressed for the update as outline in the regulations and in the guidance document: 1. Waste generation estimates: The waste generation estimate must be current, both in quantities generated and composition. 2. Planning milestones: The scheduled 20-year planning milestones and increments must be discussed and indication provided on how the goals have been met or will be met in the future. 3. Capacity: The projected 20-year waste management capacity verified indicating that the required capacity remains available or that the projects designed to meet the required capacity are on schedule.

Sample 5-year Update Letter Per the guidance document, other items from § 9 VAC C that should be taken into consideration in determining the status of the above items are: o Population information and projections for 20 years. o Estimates of solid waste generation from residential, commercial, institutional, industrial, construction, demolition, debris and other types of sources, including the amount reused, recycled, recovered as a resource, incinerated, and landfilled. o Existing and planned solid waste collection, storage, treatment, transportation, disposal and other management facilities, their projected capacities, expected life and systems for their use. o Milestones in the implementation of the SWMP over the 20-year projection and the parties responsible for each milestone. o The assessment of current and predicted needs for solid waste management for a period of 20 years and a description of the action(s) to be taken to meet those needs.

Sample 5-year Update Letter This letter addresses the information as requested. (Sections to reflect needed updates to the information in the SWMP, identified by page numbers being updated and the new information for that section) o Population and waste generation estimates for next 20 years o Waste tonnage and methods of disposal for the next 20 years o Planning milestones o Disposal capacity available and needed for the next 20 years o Amendments to the SWMP o Public participation strategies As indicated in the above discussion, the (SWPU)’s solid waste management plan continues to meet the requirements of the regulations, and accurately describes the population, waste generation, disposal capacity, and implementation schedule as described in the SWMP for the next 20 years.

What is the difference between Major and Minor amendments? The biggest difference is that major amendments still require the same public participation as required for the solid waste management plan approval, require endorsement/adoption by all members of the SWPU, and the amendment must be approved by DEQ prior to implementation. SWMP UPDATES/AMENDMENTS INFORMATION (continued)

Most minor amendments do not require public participation action as regards to the plan modification, and do not require approval before implementation. Note: some changes to the plan that are considered minor amendments may still require public participation due to the permitting process (example: Transfer Station). SWMP UPDATES/AMENDMENTS INFORMATION (continued)

9VAC Public participation. A.Each solid waste planning unit shall provide for public participation during plan development through such means as public meetings or citizen advisory committees. B. Prior to submission of a SWMP or major amendment, the solid waste planning unit shall publish a notice and hold a public hearing on the plan. (continued on next slide)

When the solid waste planning unit represents multiple government units, the unit submitting a major plan amendment needs to conduct the above public participation requirements only in the county or locality involved in the major amendment. A record of the public hearing, a copy of all written comments and the submitter's response to all comments received shall be submitted with the plan or plan amendment. Statutory Authority: § of the Code of Virginia 9VAC Public participation.

SWMP Summary  The SWMP is your 20 year blueprint. It needs to reflect what is current and planned for the required 20-year term for solid waste management.  Regular reviews of the SWMP are necessary to track changes that should be documented and reported to DEQ. (remember Major and minor amendments)

5-Year Update - Summary  The 5-year update is a way to bring your SWMP current.  The 5-year update is not a full revision of the SWMP.  The 5-year update should be specific to the sections of the SWMP that have been changed or updated.  The 5-year update is a confirmation that the primary direction of the SWMP has not changed.

Questions? DEQ Contacts: Sanjay Thirunagari – Steve Coe – DEQ website for Solid Waste Management Plans information: zation/SolidHazardousWasteRegulatoryPrograms/SolidWaste/ SolidWastePlanning.aspxv