EPA WASTE WORKSHOP

Hodson Bay Hotel, Athlone, Co.Westmeath.

Thursday 24th October 2013

Enforcement in the Waste Sector in 2013

Jim Moriarty

Manager,

Environmental Enforcement (Waste)

Damien Masterson & Joan Fogarty

Inspectors, OEE, EPA

Observations

Rapidly changing sector – reduction to 9 landfills,

trend to export.

Waste Sector is prone to high level of unexpected

and unscheduled workload which does not fully

lend itself to planned work

Industry regulated by a mix of EPA/Local

Authorities

OEE Enforcement Plan

Initially

Focused on Audits & Inspections

Not communicated to Industry

Now

Enforcement priorities highlighted to the sector

Driven by issues and resolving them

Sector-wide, consistent from site to site

Challenges for 2013

Determination of, and making Financial Provision for,

Environmental Liabilities.

Discrepancies with waste movements between sites

Accurate Classification of Waste Streams

Movement of “inert” material from WTS

Inappropriate and/or unauthorised Storage of waste both

on-site and off-site

Odours

The “Waste Sector” in 2013

6 separate sectors with their own separate

issues

Open Landfills

Closed Landfills

Non-Hazardous Waste Transfer Stations

Hazardous Waste Transfer Stations

Composting facilities

Dumping at Sea (DAS) permit holders

LEMA / ALDER / EDEN

New Terminology - Compliance Investigations (CI’s)

CI’s will originate from a variety of sources –

Audit/Inspections, Incident Notifications, Monitoring Data,

Complaints, etc.

Issues arising are put through a risk matrix looking at severity

and likelihood of impacts

Scoring system classifies issue as High/Medium/Low risk

Systematic, coherent system for prioritising issues based on

risk

Flow Diagram for Compliance Investigations

Compliance Investigations – How they work

Mechanism for identifying issues and tracking a

course of action to conclusion to achieve

positive environmental outcomes

FAILURE to comply with the requirements of a

Compliance Investigation will lead to elevated

enforcement action (including legal actions) by

the EPA

Landfills

A rapidly shrinking sector

Two subgroups – Open and Closed

9 Open Landfills

48 Closed Landfills

Continuing trend of landfills closing

No. of Open MSW Landfills

25

22 21

20 20 20

16 16

13 13

11

9

0

5

10

15

20

25

30

Q3 2010 Q4 2010 Q1 2011 Q2 2011 Q3 2011 Q4 2011 Q1 2012 Q2 2012 Q3 2012 Q4 2012 Q1 2013 Q2 2013

No. of Open MSW Landfills

Quarter & Year

Landfill Priorities 2013

Landfills – Key Areas identified for focus

1. Landfill Gas Management - collection & abstraction infrastructure,

flare/engine, gas field balancing.

2. Leachate Management - collection & abstraction infrastructure, levels,

storage, groundwater/surface water monitoring, leachate break outs

3. Odours, complaints and incidents management

4. Operational Issues - Monitoring, Cover, Capping, Waste Handling &

Records

5. Landfill Gate Fees

6. BMW Diversion

7. Restoration Status

8. Site Management

Findings to date 2013 – Closed Landfills

Restoration works largely complete

Landfill gas infrastructure in place

Poor quality gas leading to shorter flare running times

Leachate management on most sites

Treatment on most closed sites

Leachate quantities not reported in AER

Closed Landfill – EPA Focus 2014

Risk ranking exercise on groundwater impact

from landfills

Monitor management of low calorific value gas

Proper operation and maintenance of gas

management system

Enforce final capping condition

Findings to date 2013 – Open Landfills

Landfill Gas and Odour Management

All Open Landfills are collecting and flaring/utilising gas

Small number (4) have significant level of complaint

Leachate Management

All open landfills extracting and tankering/treating leachate

Occasional exceedances of 1 metre trigger level

Trend towards an on-site pre-treatment requirement

BMW Diversion

Improvement in Quarterly Reporting required

The Transfer Station sector need to co-operate and provide

landfills with the information required in a timely fashion

Complaints and Odour Management

Operational Issues – Odour Complaints, Odour Management

and everything related to it

217 complaints about landfills to date in 2013

Almost exclusively odour related

199 regarding Open Landfills – balance recently closed sites

Significant Issue at specific sites

5 landfills account for 94% of total

1 landfill accounts for 61%

Compliance Investigations

35 CI’s Opened to date for landfills (21 still open)

Regulatory failures mainly related to WMA S53 returns

14 Groundwater and Surface Water Impact – Closed Landfills

9 Odour/Air Quality

- Open Landfills

Non-Compliances by NC Type – All Landfills

Landfill Directive Biodegradable Municipal Waste

Targets

Tonnes of BMW Landfilled per Quarter

0

50000

100000

150000

200000

250000

Q3 2010 Q4 2010 Q1 2011 Q2 2011 Q3 2011 Q4 2011 Q1 2012 Q2 2012 Q3 2012 Q4 2012 Q1 2013 Q2 2013

Tonnes

Quarter & Year

2013/2014/2015

2010/2011/2012

2016

onwards

OEE Approach into 2014

EPA Resources targeted at the Landfills with Issues

Campaigns of EPA Odour Assessments to verify complaints

Landfill Gas Management

Gas Field Balancing

Working faces kept to minimum possible

VOC Surface Emissions Surveys and follow up mitigation

Progress Final Capping in a Phased manner

Impermeable Intermediate Capping if areas being left for any

length

BMW Reporting

Gate Fee (S53A)

Waste Transfer Stations

• Waste Storage

• Waste Records

• Emergency response readiness (Fire risk & waste storage)

• Surface Water & Groundwater impacts

• Dust Impact

• Management of Waste Wood

• Working with Local Authorities

• Assessment of Odour Impact

• Discharges to sewer

Waste Transfer Station Priorities 2013

Description Non-Haz WTS Haz WTS Total Waste Sector

No. of Active Sites in

Sector 54 14

185

37% = WTSs

No. of Site visits 75

12 unplanned visits 11 -

No. of Non-Compliances

Issued 88 33 304

No. of Sites receiving

majority of NONC’s 7 (>71%)

3 sites = 42%

7 (>93%)

1 site = 30% -

No. of Compliance

Investigations Issued 20 issued to 16 sites

40% = 4 sites

10 issued to 4 sites

90% issued to 3 sites

74 issued to 49 sites

61% = WTSs

No. of Complaints

received by EPA

176

80% = 3 sites

45% of Total Waste Sector

14

93% = 2 sites

3.6% of Total Waste Sector

388

Summary of 2013 to date

The Majority of Issues at Waste Transfer Stations in 2013 are occurring at 4 Non-Haz WTSs and 4 Haz WTSs

Waste Transfer Station – 2013 Findings

Non-Hazardous WTS Non-Compliances:

2. Documentation

& Procedures

1. Waste

Management

3. Bunding &

Materials

Handling

(50%) Storage – Duration,

Location, Quantity &

Method

(19%) Inadequate Drainage

Infrastructure – Risk

of SW/GW/Soil

Contamination

(15%) Tracking / Records –

EWC codes; missing

information

42% of NONCs

are occurring at

3 Non-Hazardous WTSs

Non-Hazardous WTS Complaints - Likely Causes:

Waste Transfer Station – 2013 Findings

Odours

Odours

Noise

Air

Air

Odours

Noise

176 Complaints against

Non-Hazardous WTSs

accounts for 19% of Total

Complaints Received in 2013

85% of complaints are

due to Odours at

Non-Hazardous WTSs 80% of complaints

occur at 3 Non-Haz

WTSs

Waste Transfer Station – 2013 Findings

Non-Hazardous WTS Compliance Investigations - Likely Causes & Effects:

Top 5 Causes of Opened CI’s:

With the Effect of/on:

Groundwater/

Soil Quality (11)

Regulatory

Failure (3)

Odour

Impact (7)

Waste Transfer Station – 2013 Findings

Hazardous WTS Non-Compliances:

Waste Management (8)

Documentation & Procedures (5)

Bunding & Materials

Handling (8)

Outstanding Reports (2)

ELV Exceedances (2)

Waste Transfer Station – 2013 Findings

Hazardous WTS Compliance Investigations:

Waste

Water/

Pollution

Odour

• Incorrect EWC

Codes

• Incomplete Waste

Characterisation

• Misreporting waste

types and tonnages

• Storage, Tracking &

Labelling Shortfalls

• Poor Underground Tank

& Pipeline Integrity/

Reporting

• Groundwater

Contamination

• Warning & Trigger Levels

not identified

• FWRA reports not

submitted

• Odorous emissions

from waste processing

activities

Potential Focus for 2014

Waste Characterisation & Tracking of EWC codes

Waste Storage

Waste Management Procedures

Documentation & Reporting

Odours

Integrity of Bunding and Underground Pipelines & Tanks

Materials Handling

Waste tonnages

Compost Sector - 2013

7 out of 9 dedicated composting licensed facilities visited to-

date.

Tonnages and waste types vary considerably

Individual site tonnages ranging from 0 – 51,208 tonnes in 2012

Total waste accepted (2012) for the sector (7 sites) = 124,830t

Waste types including green waste, spent grain, WWTP sludges, other

sludges.

No facility reported taking MSW fines for stabilisation in 2012.

Generally compliant inspections –

3/7 visits had one or more non-compliances detected.

A total of 4 non-compliances detected across all 7 sites.

Waste Sector Relevant Guidance 2013

The Regulation and Management of Waste Wood (about to issue)

Amendments/Clarifications to the Hazardous Waste Classification Procedure & Worksheet

www.epa.ie/pubs/advice/waste/waste/amendmentsclarificationstothehazardouswasteclassif

icationprocedure.html

EWC classification of mixed municipal waste exiting waste management facilities (2012)

www.epa.ie/pubs/advice/waste/municipalwaste/epaviewpointonewcclassificationofmixedmu

nicipalwaste.htm

Guidance on the Management of Contaminated Land and Groundwater at EPA Licensed

Sites (2013)

www.epa.ie/pubs/advice/waste/contaminatedland/contaminatedland/

Draft Guidance Note on Landfill Daily & Intermediate Cover (2011)

www.epa.ie/pubs/consultation/guidancenoteonmswlandfilldailyandintermediatecoverconsult

ationdraft.html

All guidance is available on the EPA Website at: www.epa.ie/pubs/advice/waste/waste/

Summary

Continue communicating sectoral priorities

Continue and expand on engagement with

sector – webinars.

Joined-up enforcement between EPA and

other bodies (Local authorities, TFS

Office, HSA etc)

Deterrence

In any regulated community 5% will violate no matter what

20% will comply no matter what

75% will comply if they believe the 5% who won’t

comply stand a reasonable chance of being caught

and punished!

Chester Bowles

Enforcement

OEE will not tolerate illegal activity and will

take action.

Corranure Landfill case in late 2012 On hearing details of the offences Judge John O’Hagan

convicted the Company and the Council and imposed fines of

€10,000 per week as follows:

• Oxigen Environmental Limited was fined €10,000 per week for

the 78 weeks from 1 October 2007 to 14 February 2009 totalling

€780,000

• Cavan County Council was fined €10,000 per week for the 26

weeks from 14 February 2007 to 30 September 2007 totalling

€260,000

Enforcement

Oxigen case in February 2013 On 11 February 2013 the Environmental Protection Agency prosecuted

Oxigen Environmental at Dublin Metropolitan District Court.

The Company pleaded guilty to: The transfer of waste to a location

which was not an appropriate facility agreed with the Agency.

Judge O’Neill convicted the Company and imposed a fine of

€2,500. Costs of €9,500 were also awarded.

Greater EPA/LA/Garda co-operation from

here on out

EPA / LA working together

0

50

100

150

200

250

300

350

Q 3 2008 Q2 2009 Q1 2010 Q4 2010 Q1 2011 Q3 2011 Q4 2011 Q4 2012 Q3 2013

329 340

225

157

138

46

20 11 5

Number of illegal ELV site

Number of illegal ELV site

“Soil and Stone” recovery at permitted sites

“Soil and Stone” recovery at permitted sites

Finally…

EPA committed to identifying issues, fixing

them and making a difference

Sector itself has a part to play

Closure/ELRA costings and Financial

Provision now a big focus

EPA WASTE WORKSHOP

Hodson Bay Hotel, Athlone, Co.Westmeath.

Thursday 24th October 2013