SOLID WASTE FLOW CONTROL

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1 SOLID WASTE FLOW CONTROL THE ATLANTIC COUNTY EXPERIENCE thus far Gary Conover ACUA Solid Waste Director SWANA NJ Annual Spring Conference April 15 th, 2013

2 ABOUT THE AUTHORITY o $60 million in annual revenue o 250 employees o Full service including solid waste & recycling collection, landfill, composting, recycling center, transfer station and wastewater treatment facility. The ACUA Mission Statement The Atlantic County Utilities Authority is responsible for enhancing the quality of life through the protection of waters and lands from pollution by providing responsible waste management services. The Authority is an environmental leader and will continue to use new technologies, innovations and employee ideas to provide the highest quality and most cost effective environmental services.

4 KEY SOLID WASTE FLOW CONTROL COMPONENTS The Law - N.J.S.A. 13:1E-20 et seq. Solid Waste Management Plan (1975) Solid Waste Management Plans designate receiving facilities for the County generated Solid Waste. The over arching goal is the Protection of human health and the environment. Currently 14 out of 21 Counties have some form of Solid Waste Flow Control included in their Solid Waste Management Plans.

6 KEY SOLID WASTE FLOW CONTROL COMPONENTS The Law - N.J.S.A. 13:1E et seq. NJ Statewide Mandatory Source Separation & Recycling Act (1987) All 21 counties are required to have an updated solid waste management plan. The county plans also identify local strategies to achieve the recycling tonnage targets as set by the State Recycling Goals: 50% of the MSW waste stream & 60% of the overall waste stream

7 ATLANTIC COUNTY SOLID WASTE MANAGEMENT PLAN AMENDMENTS SOLID WASTE FLOW CONTROL The Atlantic County Solid Waste Management Plan Amendment Intra-State Solid Waste Flow Control April 20 th, 2010 and Certified by NJDEP Commissioner August 27 th, 2010 The Atlantic County Solid Waste Management Plan Amended Full Solid Waste Flow Control February 28 th, 2012 and Certified by NJDEP Commissioner August 10 th, 2012 ALL Waste types: 10-MSW, 13-Bulky, 13C C&D, 23-Vegetative, 25-Animal & Food Processing, 27- Industrial, 27I-Incinerator Ash & 27A-Asbestos directed to ACUA SWF for Disposal.

8 SOLID WASTE FLOW CONTROL CHALLENGES Flow Control Axiom Waste will flow to the point of least regulation! Que? Magically turn mixed, Non-source Separated Solid Waste into a Recyclable and Walla you are free to ignore those pesky, SW Flow control rules!

9 SOLID WASTE FLOW CONTROL CHALLENGING FACILITIES Mike Davidson Enterprises, LLC 3051 Willow Grove Rd, Camden Wyoming, DE Revolution Recovery 733 Milnor St., Philadelphia, PA & 1101 Lambson Ln., New Castle, DE Richard S. Burns & Co., Inc Rising Sun Avenue, Philadelphia, PA National Paper Recycling, 1531 Ferry Ave., Camden, NJ (Class A Recycling Center)

10 MIKE DAVIDSON ENTERPRISES, DE

11 DELAWARE DEPT. OF NATURAL RESOURCES & ENVIRONMENTAL CONTROL (DNREC) CEASE & DESIST PRESS RELEASE: MIKE DAVIDSON ENTERPRISES LLC DNREC issues Secretary s Order to Mike Davidson Enterprises LLC facility for permit violations DOVER (Aug. 9, 2012) DNREC Secretary Collin O Mara has issued a Notice of Conciliation and Secretary s Order to Mike Davidson Enterprises, LLC for violations of the facility s Resource Recovery Facility Permit. The order requires the company to take immediate action to address the violations which include exceeding standards for contaminants in mulch produced by the company. The notice was issued after the company failed to act in accordance with an earlier cease and desist order from DNREC issued for continuing to flout environmental regulations. Mike Davidson Enterprises, LLC is permitted to operate a construction and demolition (C&D) recovery facility located at 3051 Willow Grove Road in Camden, Delaware. The company s Resource Recovery Facility permit regulates the facility s processes for handling and managing C&D waste, including production of mulch. Analysis of mulch samples collected May 17, 2012 at the facility by DNREC s Solid & Hazardous Waste Management Section revealed concentrations of arsenic, chromium, and PCBs that exceed regulatory criteria in the company s permit. On June 8, 2012, Secretary O Mara issued a cease and desist Secretary s Order that required the company to discontinue distribution of mulch and to document compliance with the order and the company s permit. DNREC is recommending that, in an abundance of caution, anyone who applied mulch from the facility take measures to prevent human ingestion of the mulch. Customer concerns should be directed to the facility. The cease and desist order expired by law after 30 days, at which time DNREC s Solid & Hazardous Waste Management Section collected additional mulch samples for testing. Analysis of the samples taken July 16 revealed that concentrations of contaminants again were in violation of the permit. The Secretary s action was taken to prevent the facility s distribution of mulch that has failed permit criteria, to require the facility properly dispose of the mulch, and to have the facility ensure that any additional mulch produced will meet its permit requirements. The Delaware Department of Justice, acting on DNREC s behalf, also filed a complaint in Superior Court in June against Mike Davidson Enterprises, LLC to address numerous additional compliance issues. The Secretary s Order and cease and desist order can be found on the DNREC website at For further information, please contact DNREC s Division of Waste & Hazardous Substances at Vol. 42, No. 304

12 ATLANTIC COUNTY SW DESTINED FOR MIKE DAVIDSON ENTERPRISES, DE

13 ATLANTIC COUNTY SW DESTINED FOR MIKE DAVIDSON ENTERPRISES, DE

14 ATLANTIC COUNTY SW DESTINED FOR MIKE DAVIDSON ENTERPRISES, DE

15 MIKE DAVIDSON ENTERPRISES, DE CONCRETE PAD DUMPING AREA

16 MIKE DAVIDSON ENTERPRISES, DE ONE OF THREE VERTICAL BALERS

17 MIKE DAVIDSON ENTERPRISES, DE MULCH PILE, CCA FEL CONTAINERS

18 MIKE DAVIDSON ENTERPRISES, DE RECYCLABLE MATERIALS

19 MIKE DAVIDSON ENTERPRISES, DE DUMP SLIP

20 MIKE DAVIDSON ENTERPRISES, DE SITE INFO 175 Acre Site, old Pickle Factory 50 employees, all material Hand Sorted All stockpiled Material outside Permitted by DE to process C&D waste DNREC Cease & Desist Order: Arsenic, Chromium & PCBs in excess of permitted limits Products: Recyclables, Mulches, Refuse Derived Fuel (RDF), Alternative Daily Cover (ADC), Auto-shredder Fluff as sold as ADC Claims 98% recycling, 2% Residue Rate? RDF not RC in NJ, ADC maybe, C&D Fines as ADC H2S

21 REVOLUTION RECOVERY, PA & DE

22 REVOLUTION RECOVERY, PA & DE

23 REVOLUTION RECOVERY, PA & DE Roofing materials Recovered 98% Recovery Rate Material in pictures ground and made into a Refuse Derived Fuel (RDF) RDF not Recycling in NJ, DE & PA? REA Tax Successfully avoided Atlantic County Solid Waste Flow Control temporarily skirted

24 RICHARD S. BURNS & CO., INC. PHILADELPHIA, PA

25 RICHARD S. BURNS & CO., INC. PHILADELPHIA, PA

26 RICHARD S. BURNS & CO., INC. PHILADELPHIA, PA C&D Recycler Maker of Alternative Daily Cover (ADC) product branded & sold as Barrier Barrier product resembles mulch Landfill Operators like it for easy of use but Barrier product linked to elevated levels of H2S in landfill gas Sheetrock, Gypsum, Wallboard: the smaller the pieces the more readily produces H2S in anaerobic conditions ACUA used this material , stopped because of H2S production issue

27 NATIONAL PAPER RECYCLING, CAMDEN, NJ CLASS A RECYCLING CENTER

28 NATIONAL PAPER RECYCLING, ACCEPTING DRY COMMERCIAL WASTE AS RC? National Paper Recycling accepting Dry Commercial Waste from at least three Atlantic County Businesses: Best Buy, The Christmas Tree Shops & JC Penney Each location visited has a vertical CB Baler & the remaining waste goes into a trash compactor SW Hauler when confronted on this violation then added a small FEL container for trash & compactor still being delivered to National Paper Recycling

29 NATIONAL PAPER RECYCLING, ACCEPTING DRY COMMERCIAL WASTE AS RC?

30 NATIONAL PAPER RECYCLING, SCALE RECEIPT MUNICIPAL ORIGIN N/A?

31 NATIONAL PAPER RECYCLING CARDBOARD COLLECTION & REPORTING

32 NATIONAL PAPER RECYCLING CARDBOARD COLLECTION & REPORTING

33 NATIONAL PAPER RECYCLING CARDBOARD COLLECTION & REPORTING

34 NATIONAL PAPER RECYCLING CARDBOARD COLLECTION & REPORTING National Paper Recycling reporting RC tonnages? 2011 & 2012 just received 2 days ago RC tonnage report received but What exactly is Dry Commercial Waste? Sounds like Type 10 MSW Accepting Dry Commercial Waste from where? Municipal Origin N/A? REA Tax? National Paper Recycling not listed on NJDEP website as a Class A or B RC or IPF?

35 WASTED FLOW CHALLENGING LEGISLATION: NJ STATE SENATE BILL 2528 This bill would provide an exemption from the source separation requirements of municipal recycling ordinances for persons occupying commercial and institutional premises so long as the materials required to be recycled are otherwise recycled in accordance with certain conditions and requirements set forth in the bill. Specifically, the commercial or institutional solid waste generator would be required to provide for the processing of the recyclable materials at a materials recovery facility that is certified by the Department of Environmental Protection as achieving recycling rates consistent with the goals of the Statewide solid waste management plan. In addition, the commercial or institutional solid waste generator would be required to annually provide written documentation to the municipality of the total number of tons recycled from any commercial or institutional waste that is exempted from municipal source separation requirements under to the bill.

36 NJ STATE SENATE BILL S2528 SUMMARY Broad exemption from municipal source separation requirements for commercial & institutional establishments Current version includes reporting requirements, NJDEP certification of the MRF, waste types:10, 13, 13C, & 27 Lots of opposition and concern over this Bill: ANJR, SWANA, County & Municipal RC Coordinators Needed? Every Municipal SS RC Ordinance includes the ability to provide Exemption Bill will be tweaked & will resurface revised

37 SUMMARY & CONCLUSIONS & QUESTIONS Waste will flow to the point of least regulation: Time to start regulating RC? Once SW leaves NJ reporting requirements are not the same as NJ Accuracy of Data that is reported Clearly define SW and what is Recycling: RDF, ADC, Residue Encourage RC without negatively impacting County s ability control SW deposition

38 CONTACT INFORMATION Gary Conover, Solid Waste Director Atlantic County Utilities Authority Phone:

- SUPPLEMENT HISTORY TABLE Title 15 - BUILDINGS AND CONSTRUCTION. Chapter RECYCLING AND DIVERSION OF CONSTRUCTION AND DEMOLITION DEBRIS

- SUPPLEMENT HISTORY TABLE Title 15 - BUILDINGS AND CONSTRUCTION. Chapter RECYCLING AND DIVERSION OF CONSTRUCTION AND DEMOLITION DEBRIS Chapter 15.56 RECYCLING AND DIVERSION OF CONSTRUCTION AND DEMOLITION DEBRIS Sections: 15.56.010 Findings and purpose. 15.56.020 Definitions. 15.56.030 Deconstruction Salvage Recovery. 15.56.040 Diversion