adem update association of county engineers of alabama annual conference may 13, 2015...

ADEM UpdateADEM Update

Association of County Engineers of Alabama

Annual Conference

May 13, 2015

adem.alabama.gov

adem.alabama.gov

OverviewOverview

• 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

Aboveground Storage Tank (AST) Compliance

Assistance Project Update

adem.alabama.gov

adem.alabama.gov

AST Compliance Assistance Purpose

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

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

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

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 SitesProgress on AST Assistance Sites

 ADEM Office

Total Visited

Total Sites

Total Complete

Decatur 20 37 54.10%

Birmingham 8 50 16.00%

Montgomery 76 87 87.40%

Mobile 20 40 50.00%

Total 124 214 57.90%

adem.alabama.gov

Progress on Priority Facilities

Progress on Priority Facilities

 ADEMOffice

Priority Visited

Priority Sites

Priority Complete

Decatur 5 5 100.00%Birmingham 8 16 50.00%Montgomery 50 55 90.90%

Mobile 20 20 100.00%Total 83 96 86.50%

adem.alabama.gov

Issues Found at Targeted AST Facilities

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)

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

AST Compliance Assistance

Questions? ADEM Groundwater Branch

334-270-5655

adem.alabama.gov

Local Solid Waste Management Plans

(SWMP)

adem.alabama.gov

Regulatory BackgroundRegulatory 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 22-27 Article 3 of the Code of Alabama in 1989.

• Currently there are 89 SWMP in Alabama.

adem.alabama.gov

Expiring County SWMPExpiring County SWMP

2014• 35 County SWMP Expired

• 20 Renewed• 7 Pending (Bullock, Coosa, Lamar, Lawrence, Jefferson, Perry, Washington)

2015• 20 County SWMP Expiring

• 5 Renewed• 2 Pending (Clay, Mobile)

2016-2017• 4 County SWMP Expiring

adem.alabama.gov

Current Status of SWMPs

Marengo

Mobile*

Baldwin

Washington

Clarke

Wilcox

Monroe

Escambia

Conecuh

Butler

Covington

Crenshaw

Coffee

Geneva

Pike

Dale

Bullock

Barbour

Russell

Henry

Houston

Greene

Sumter

Choctaw

Hale

Bibb

Perry

Dallas

Chilton

Autauga

Lowndes

Montgomery

Elmore

CoosaTallapoosa

Lee

Chambers

Macon

Lauderdale

Colbert

Franklin

Marion

Lamar

Fayette

Lawrence

Winston

Walker

Limestone

Morgan

Cullman

Madison

Jackson

Marshall

Dekalb

Etowah

Cherokee

St. Clair

Blount

Pickens Tuscaloosa

Jefferson

Shelby

Talladega

Calhoun

Clay

Cleburne

Randolph

Expires in 2014

Expires in 2015

Expires in 2016-17

Recently renewed

adem.alabama.gov

Background (Con’t)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 22-27-47Section 22-27-47

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 22-27-47Section 22-27-47

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 22-27-47Section 22-27-47

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 SWMPBenefits 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

ContractsContracts

Section 22-27-48 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 PermittingLandfill Permitting

Requirements for Approving New or Certain Modifications to Landfills (Section 22-27-48 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

LandfillsLandfills

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

LandfillsLandfills

• 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 GrantsRecycling 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 1st.

• 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 ItemsEligible 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

adem.alabama.gov

Current Status of SWMPs

Marengo

Mobile*

Baldwin

Washington

Clarke

Wilcox

Monroe

Escambia

Conecuh

Butler

Covington

Crenshaw

Coffee

Geneva

Pike

Dale

Bullock

Barbour

Russell

Henry

Houston

Greene

Sumter

Choctaw

Hale

Bibb

Perry

Dallas

Chilton

Autauga

Lowndes

Montgomery

Elmore

CoosaTallapoosa

Lee

Chambers

Macon

Lauderdale

Colbert

Franklin

Marion

Lamar

Fayette

Lawrence

Winston

Walker

Limestone

Morgan

Cullman

Madison

Jackson

Marshall

Dekalb

Etowah

Cherokee

St. Clair

Blount

Pickens Tuscaloosa

Jefferson

Shelby

Talladega

Calhoun

Clay

Cleburne

Randolph

Expires in 2014

Expires in 2015

Expires in 2016-17

Recently renewed

adem.alabama.gov

SWMP RequirementsSWMP Requirements

Questions?Scott Story, Chief

Solid Waste Engineering Section

(334) 271-7764

sss@adem.state.al.us

adem.alabama.gov

ADEM Solid Waste Remediation Programs

adem.alabama.gov

UAD/Scrap Tire Site Remediation Programs

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 RemediationUAD Remediation

• From 2010-2015: 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

UAD Remediation Program

adem.alabama.gov

UAD Remediation Program

UAD Remediation Program

adem.alabama.gov

Unauthorized Dump Site Remediation

Unauthorized Dump Site Remediation

adem.alabama.gov

Scrap Tire Site Remediation

Scrap Tire Site Remediation

• From 2010-2015: 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 Scrap Tire Site Remediation

adem.alabama.gov

ADEM Scrap Tire ROW Cleanup Program

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

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

adem.alabama.gov

adem.alabama.gov

Solid Waste Remediation Programs

Solid Waste Remediation Programs

Questions?Brent Watson

(334) 271-7894

baw@adem.state.al.us

adem.alabama.gov

$0

$1,000,000

$2,000,000

$3,000,000

$4,000,000

$5,000,000

$6,000,000

$7,000,000STATE GENERAL FUNDS FOR ADEM OPER-

ATIONS

FY 2016 Budget

adem.alabama.gov

FY 2016 BudgetFY 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 BudgetFY 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 BudgetFY 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