Ohio’s Solid Waste and C&DD Program Annual Meeting

May 9, 2013

Scrap Tire Cleanup AssistanceUnder 5,000 Scrap Tire Projects

Harry Smail

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ORC 3734.85 (E) allows expenditure of Ohio Scrap Tire Funds for the removal and disposal of:• More than 100, but less than 5,000 scrap tires

(NOT PTE’s) from a site;

• Without subsequent cost recovery; and

• If all six conditions are applicable.

NOTE: Assistance is available to private property owners, businessesand local governments.

Scrap Tire Cleanup Assistance

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• Owner inherited property containing 100 to 5,000 tires, or

• Current owner was the victim of open dumping.

• In both cases, owner did not participate or profit from the open dumping of the scrap tires.

• All six conditions must be met.

Under 5,000 Scrap Tire ProjectsScrap Tire Cleanup Assistance

Scrap Tire Cleanup AssistanceMust Meet All Six Conditions

1. Tires placed after owner acquired title, OR tires placed before owner acquired title by bequest of devise;

2. Property owner did not have knowledge of or took actions to prevent tires from being placed on property;

3. Property owner did not participate in or consent to placing the tires on the property;

4. Property owner received no financial benefit;5. Property title was not transferred to evade liability; and6. Responsible party who placed tires on the property was

not acting as an agent for the property owner.

• Form available on Web Site http://www.epa.ohio.gov/portals/34/document/forms/st

removal cert and consent form.pdf

• To be accepted for consideration, submitted forms must:

Scrap Tire Cleanup Assistance

Include copy of recorded deed with complete legal description as an attachment;

Line out non-applicable 4a or 4b condition; Have notarized signatures of all property owners listed on deed,

or an authorized agent of firm, or a local government official; and

Include site photos and map.

Scrap Tire Cleanup Assistance

4. The undersigned hereby certifies that: (Strike out the non-applicable sentence, 4a or 4b):a. The tires were placed on the property after the owner acquired title to

the property, orb. The tires were placed on the property before the owner acquired title

to the property and the owner acquired title to the property by bequest or devise. ORC 3734.85(E)(1).

On the form line out either 4a of 4b whichever does not apply.

Strike out the entire sentence and not just the letter (a or b).

Scrap Tire Cleanup AssistanceUnder 5,000 Scrap Tire Projects

• Documentation for roadside cleanups:

Statement tires were open dumped in the road right-of-way, Description of where the tires were found:

County Road 1 between Sandy Lane and Shady Road orTwp Road 99 between mile markers 5 and 17(GPS Coordinates are best),

Map with road segments marked also is helpful, & Location where tires are (or will be) staged.

Scrap Tire Cleanup AssistanceUnder 5,000 Scrap Tire Projects

• Options for collection of tires Contractor collects tires if several hundred in one

location ($$$ - Most expensive) Contractor can drop of a trailer at the location you

chose and you can load tires into it ($ - Most cost effective)For short duration events such as organized volunteer roadside

cleanups

Stage tires at a county or township propertyFor ongoing pick up of roadside litterStore tires indoors or cover with a tarpArrange for pickup after several hundred tires are stored

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• 393 sites remediated between October 2005 and July 2012, • 65 additional sites remediated so far during

SFY 13,• Funds available and always looking for

additional sites which meet the criteria, and• Ohio Scrap Tire Program currently scheduled

to sunset June 30, 2013. Expect Legislature will continue the Program.

Scrap Tire Cleanup Assistance

For Further Ohio Scrap Tire Remediation Program Information:

Ohio Environmental Protection AgencyDivision of Materials and Waste ManagementFinancial Assurance and Remediation Unit50 West Town Street, Suite 700Columbus, Ohio 43216-1049

Web Site: http://epa.ohio.gov/dmwm/Home/ScrapTires.aspx Toll Free: (877) 372-2621

Harry E. Smail (614) 728-5323 harry.smail@epa.ohio.gov Connie Livchak (614) 644-2966 connie.livchak@epa.ohio.gov

Ohio’s Solid Waste and C&DD Program Annual Meeting

May 9, 2013

CLOSER Program Projects for SFY14 Connie Livchak

Ohio CLOSER Project Acceptance Criteria

ClosedLandfills & OrphanedSiteEvaluation &RatingTeam (8 people) Goal : Perform Triage Not

Closure

• Ceased operations, NOT closed in accordance to Ohio Rules;

• Enforcement complete, no company or personal assets; and

• Impact to public health, public safety and the environment.

CLOSER Funding

• Financial assurance (since 1990); and/or

• Environmental Protection Remediation Fund; ORC 3734.281 (Eff. 1999); Judgments and settlements to be placed in EPRF; & Use to remediate conditions at SW, open dumps, &

CDD sites.

CLOSER Landfill Locations

Exit C&D Landfill

7099 Fairhill Street, SE.Osnaburg Twp., Stark Co,

OH

Feb. 12, 2003 Philip Revlock

Current Project: Exit C&DD Landfill

• Located in an acid mine drainage area;

• Weak leachate, TDS above 500 ppm;

• Health District has a grant to pump, haul, and treat leachate, but grant not renewed for leachate hauling;

• CLOSER is conducting an environmental evaluation; &

• Pursuing mineral leases to pay for site operations & maintenance and cost recovery.

• Determine leachate’s impact to groundwater, if any, by installing and sampling 4 additional monitoring wells; and

• Ground truth assumptions in theslope stability evaluation by installing5 piezometers, noting depths to subsurface horizons to plug into theslope stability model.

Environmental Evaluation

Portage Landfill Location

7099 Fairhill Street, SE.Osnaburg Twp., Stark Co

Portage Landfill Issues Improper capImproper cap

Leachate outbreaksLeachate outbreaks

Erosion

Portage Landfill Soil for Cap

1388 Stimmel Road Remediation

Photos from Franklin County Public Health

BEFORE AFTER

22,520 total cubic yards of debris removed

Stimmel Road Remediation Partners• Public Partners:

– $150,000 grant from Ohio EPA,– $40,000 in-kind services from Solid Waste Authority of Central Ohio,– $20,000 restitution fund from Franklin County Board of Health, and– $7,500 from Franklin Township (location of the illegal dumpsite).

• Fee Waivers:– $5.00/ton solid waste generation fee waived by Ohio EPA, – $1.70/ton state C&DD tipping fee waived by Ohio EPA, – $4.75/ton State Solid Waste fee waived by Ohio EPA, and– $3.75/ton solid waste gate fee reduction by SWACO.

• Public Partners:– At cost expenses per Central Ohio Contractors’(Loewendick’s) Good Neighbor Fund, and– $49,000 from Allen Trust (property owner).

CLOSER Program Summary• 43 Sites on CLOSER list;• ~ $10 million in Fund 281, but nonrenewable funding;• Financial assurance usually doesn’t cover costs to fix problems;• Amount in fund pays for ~ 2 capping projects;• Maximize funds by obtaining enough information to develop and

implement remedial approach;• Need local partner (health departments) to provide long-term

Operations and Maintenance after CLOSER remediation.