What s in your Trash? Dumpster Audits & Hazardous Waste Enforcement Cases in California

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1 What s in your Trash? Dumpster Audits & Hazardous Waste Enforcement Cases in California Amy Martinez, CHMM Project Manager CB&I Environmental & Infrastructure, Inc. September 1, 2015 A World of Solutions Outline Laws and Regulations California Enforcement Actions Case Study How to Complete a Self Directed Dumpster Audit Planning and Logistics of a Dumpster Audit Data Analysis and Presentation What s Next? A World of Solutions 2 Laws and Regulations A World of Solutions 1

2 Laws and Regulations As part of an official investigation being conducted by the XXX District Attorney's Office and the California Attorney General, pursuant to California Health & Safety Code sections 25180(a)(1), and 25182, we are requesting the assistance of your company, XXX, in allowing our investigators to inspect the contents of a 50 yard roll off bin and (2)3 yard bins belonging to the XXX facility located at XXX in the City of XXX. Violation of the Health and Safety Code, Division 20, Chapters 6.5 and 6.95 and Business & Professional Code Section et seq. Involving violations of hazardous waste management, record keeping, transportation and disposal, training, permit, manifest, and business inventory / emergency plan requirements. A World of Solutions 4 Laws and Regulations California Health & Safety Code (a) (1) Except as provided in paragraph (2), the standards in this chapter and the regulations adopted by the department to implement this chapter shall be enforced by the department, and by any local health officer or any local public officer designated by the director Every civil action brought under this chapter at the request of the department or a unified program agency shall be brought by the city attorney, the county attorney, the district attorney, or the Attorney General in the name of the people of the State of California, and any such actions relating to the same processing or disposal of hazardous wastes may be joined or consolidated. A World of Solutions 5 Laws and Regulations Cal. Health & Safety Code et seq., and Title 22 of the California Code of Regulations Cradle to Grave Scheme Basis for Hazardous Waste Program Purpose: Regulate the management of hazardous waste from the moment it is generated, until it is properly recycled or disposed Long term threats posed by inappropriate handling, storage, use and disposal of hazardous waste (HSC 25100(b)) Generation Transportation Disposal A World of Solutions 6 2

3 Laws and Regulations Hazardous Waste Control Law Establishes standards for regulating the: Generation Determine if waste is a hazardous waste Training Employees handling HWs Processing Properly package and label HW for transport Storage Comply with storage requirements Transportation Use registered HW haulers to transport waste Disposal of Hazardous Wastes Licensed HW facility A World of Solutions 7 Hazardous Waste Defined: A waste, which because of its quantity, concentration, or physical, chemical, or infectious characteristics, may either: Cause, or significantly contribute, to an increase in mortality or serious irreversible, or incapacitating reversible illness, or Pose substantial present or potential hazard to human health when improperly managed A World of Solutions 8 Types of Hazardous Waste Listed in Title 22 of the California Code of Regulations, or Exhibits one or more of the following characteristics: Ignitability Toxicity Reactivity, and Corrosivity Certain Wastes are Presumed Hazardous (Title 22, Appendix X) D001 D002 D003 D004-D043 A World of Solutions 9 3

4 Generator Responsibilities The Generator of a waste is responsible for determining if that waste is a hazardous waste Generator of waste: Any person, by site, whose act or process produces hazardous waste, or whose act first causes a hazardous waste to become subject to regulation All waste streams, including hazardous waste, but most importantly non hazardous waste, must be evaluated and documented Sampling and analytical testing Generator s knowledge Knowledge of the waste generating process Analysis date from other facilities Physical data from SDSs A World of Solutions 10 California Enforcement Actions A World of Solutions California Enforcement Actions CA has pursued various industries, primarily retail and telecom on allegations of illegal waste disposal for nearly a decade Enforcement actions are typically the result of investigations by CA Attorney Generals Office Alameda County District Attorney s General Office San Joaquin County District Attorney s General Office CA Department of Toxic Substances Control Trash dumpsters and compactors have been inspected at retail facilities, distribution centers, and landfills Complaints typically allege the improper handling, storage and disposal of hazardous materials (corrosive, flammable, toxic) that were rendered unsalable or unusable A World of Solutions 12 4

5 DTSC Press Releases Examples of Alleged Mishandling of Materials Storage, Transportation, and Disposal Failure to determine if waste is a hazardous waste Disposing of hazardous waste at a point not authorized California Empty rule Storing hazardous waste onsite beyond the time permitted by law at a facility which does not have a hazardous waste facility permit Containers and Container Labeling Failure to keep hazardous waste containers closed, except when removing or adding hazardous waste Failure to properly label containers of accumulated hazardous waste A World of Solutions 14 Examples of Alleged Mishandling of Materials Record Keeping and Reporting Failure to obtain and keep current all required hazardous waste generator permits required by county/local ordinances Failure to retain copies of all consolidated hazardous waste manifests for 3 years Training Failure to implement, maintain and comply with, an employee training program pertaining to hazardous materials and business and area plans Inspections (LQG Sites) Failure to conduct weekly inspections of hazardous waste storage areas A World of Solutions 15 5

6 Summary of CA Settlements Retailer Year Total Settlement Resulting Actions Walmart 2010 $27.7 Million CA Compliance Team Improved Environmental Compliance and Training Programs Target 2011 $22.5 Million CA Compliance Team Third Party Compliance Audits for three years Annual Settlement Reports AT&T 2014 $21.8 Million Fund hazardous waste minimization projects Third Party Waste Inspections for five years Lowe s 2014 $18.1 Million CA Compliance Team Fund hazardous waste minimization projects Third Party Waste Inspections for five years Annual Status Reports Walgreens 2012 $16.6 Million CA Compliance Team Independent audits to monitor waste disposal Annual Status Reports A World of Solutions 16 Summary of CA Settlements Retailer Year Total Settlement Resulting Actions CVS 2012 $13.75 Million CA Compliance Team Fund hazardous waste minimization projects Rite Aid 2013 $12.3 Million CA Compliance Team Annual Settlement Reports The Home Depot 2007 $9.9 Million Develop VOC policy for select products Adopt a training program for employees that handle architectural coatings K Mart 2009 $8.65 Million Develop and maintain an Environmental Compliance Program Costco 2012 $3.5 Million CA Compliance Team Develop and maintain an Environmental Compliance Program Save Mart 2013 $2.55 Million CA Compliance Team Internal and Third Party Audits Maintain membership in RILA Hire The Wercs or equivalent AutoZone 2007 $1.5 Million Designate person for Environmental Compliance Maintain written procedures for handling hazardous materials and/or hazardous waste Annual Environmental Compliance Audits Safeway 2015 $9.87 Million Third Party Waste Inspections A World of Solutions 17 Penalties and Fines Disposal of a Hazardous Waste: Violation: A person who disposes, or causes the disposal of a hazardous waste at a point that is not authorized (by law). Liable for up to $25,000 for each separate violation Civil penalties may be awarded on the basis of strict liability, negligence, or intentional conduct. The statutory minimum for each intentional disposal of hazardous waste is $1,000 and up to $25,000 for each violation. [HSC 25189(c)] A World of Solutions 18 6

7 Penalties and Fines Up to $25,000 per violation for: Failure to comply with training requirements for personnel who manage hazardous waste, Failure to Determine if a waste is a Hazardous Waste, Failure to properly package and label HW for transport, Failure to use a manifest for all transportation of HW, and Failure to use registered HW transporter A World of Solutions 19 Case Study How to Complete a Self Directed Waste Audit A World of Solutions Planning and Logistics of Conducting a Dumpster Dive 7

8 Planning and Logistics Planning and Logistics area KEY component to the success of your waste audit! Who What type of client is requesting the dumpster audit? What are their primary waste streams? Hazardous Waste/Universal Waste Pharmaceutical and HIPPA Will client attend the audit? Will regulatory agencies attend the audit? Container Size, Quantity, and Type How many bins will be audited? What types of bins (i.e. dumpster, roll off, compactor)? How big are the bins (i.e. 4 CY, 6 CY, 30 YD, 40 YD)? Will audit require a review of solid waste, organics and recycling? A World of Solutions 22 Waste Pickup Schedule When is the trash picked up by the hauler? Who is the hauler? Where are they hauling to? Will transfer station/landfill authorize audit? Store Selection Different store types to audit? Urban vs. rural? High volume vs. low volume? High risk CUPA? Additional Stakeholders Waste Hauler/Solid Waste Facility Licensed HW Hauler Your Staff Planning and Logistics A World of Solutions 23 Equipment Tarps or visquene roll Cones, weights for tarps (wind) Rakes, shovels, pitch forks Tools Screwdrivers, wire cutters, box cutters Ziploc Bags (different sizes) 5 gallon buckets Absorbent material Sharps container Hammer Personal Protective Equipment Tyvek Hard Hat Safety Glasses 2 Types of Gloves Steel toed boots Earing protection/dust mask (Optional) A World of Solutions 24 8

9 Equipment Continued Marking Pens Dry Erase board Duct tape Inventory forms Small table and chair Water/food for works Health and Safety Plan Shade canopy weather A World of Solutions 25 Select stores for audits Make arrangements with waste hauler Make arrangements with transfer station to schedule audits Plan waste audit team Arrive onsite day of audit Standard Procedure Compactor Specifics Team of 5 6 people 4 5 hours per compactor to sort and inventory HW/UW items Compactors typically 9 12 tons of trash A World of Solutions 26 Waste Hauler Extracts Waste *Play Video Clip A World of Solutions 27 9

10 Waste Extraction A World of Solutions 28 Standard Procedure Establish laydown area with materials and supplies Begin identification and segregation of waste materials. Regulated materials will be inventoried and photographed Regulated materials placed in 5 gallon buckets based on waste type. Regulated materials left onsite for waste hauler to manifest and haul. Solid waste managed onsite by transfer station/landfill. Put on appropriate PPE to begin audit Sample Inventory Staging Areas A World of Solutions 29 Waste Sorting A World of Solutions 30 10

11 Waste Inventory A World of Solutions 31 Examples of Hazardous Waste Aerosol Cans Non-empty. Exhibits one or more hazardous waste characteristics. Product, or Propellant A World of Solutions 32 Examples of Hazardous Waste Appliances Containing hazardous chemicals Examples Refrigerators Air conditioners Dehumidifiers A World of Solutions 33 11

12 Examples of Hazardous Waste Batteries Alkaline: (AA, AAA, 9-Volt, D, C, etc.) Lead-Acid Nickel-Cadmium Lithium-ion: A World of Solutions 34 Chemical Containing Anything that would have a MSDS Pourable amount Paint Motor Oil Cleaning Products Pesticides/herbicides Examples of Hazardous Waste A World of Solutions 35 Examples of Hazardous Waste Compresses Gases and Cylinders Propane Fire Extinguishers Butane Lighters Welding Gases 12

13 Examples of Hazardous Waste Electronic Devices -Devices containing any one of the following metals: Lead (Pb), Barium (Ba), Mercury (Hg), Chromium (Cr), Nickel (Ni), Copper (Cu). -E-waste items containing the above listed metals are presumed hazardous for toxicity. A World of Solutions 37 Examples of Hazardous Waste Light Bulbs/Mercury-Containing Lamps -A lamp containing intentionally-added mercury is a listed hazardous waste when discarded. (California Hazardous Waste Number M003). -Fluorescent tubes and CFL bulbs are mercury-added lamps that are hazardous waste when discarded. A World of Solutions 38 Data Analysis & Reporting A World of Solutions 13

14 Develop Summary Report A World of Solutions 40 What s Next? A World of Solutions What s Next? Composting Requirements Various Cities, Counties, and States have mandatory composting requirements City of Portland, San Francisco, and Boston Alameda County, California State of Massachusetts NEW Regulation Organics Recycling Rule in California Enacted January 1, 2015 Recycle organic waste Mandatory reporting Fees for noncompliance A World of Solutions 42 14

15 Enjoy the Adventure! A World of Solutions 43 A World of Solutions 44 15