SITING  HAZARDOUS WASTE MANAGEMENT FACILITIES




          Dilemma and Challenge
    This document (SW-951) was prepared

by Pat M. Fox for the Office of Solid Waste.
                                  I

              RECEIVED
       t      rv*  ^ tf'T BRANCH
       f      EPA. REGION V
   U.S. ENVIRONMENTAL PROTECTION AGENCY


           1981; rev. ed.,  1982

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                         HANDBOOKS ON SITING
                HAZAFDOUS WASTE MANAGEMENT FACILITIES
     EPA is developing a series of handbooks on the siting of hazardous
waste management facilities.  This summary is based on  these detailed
studies.  Titles in the series are:

Using Compensation and Incentives When Siting Hazardous Waste Manage-
ment Facilities—A Handbook
   Discusses |he concept of providing compensation or incentives to
   communities for accepting a hazardous  waste management facility in
   their area.  Describes various techniques,  ways to form binding
   agreements, and many cases where compensation or incentives have
   been used successfully.             k

Using Mediation When 'Siting Hazardous Waste Management  Facilities—A
Handbook
   Discusses the new approach of using an independent environmental
   mediator to help people resolve their  differences.   Describes what
   mediation is, what it can be expected  to accomplish,  how to know
   when it is needed, and whom to go to for assistance.

Consulting with the Public When Siting Hazardous Waste  Management
Facilities—A Handbook
   Discusses techniques to help developers and State agencies conHauni-
   cate more effectively with the public.

Identifying Potential New Sites for Hazardous  Waste Management Facil-
ities—A Handbook
   Discusses criteria and procedures that can be used to narrow the
   universe of possible facility locations to those with the most
   potential for withstanding intensive environmental review.

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     Siting "hazardous waste management facilities (HWMFs)  is one of the most im-



portant environmental issues of this decade.   Attempts to site new facilities have



encountered difficult and sometimes insurmountable obstacles in the past.  This



is partly because of concerns everyone shares—economic, health, and environmen-



tal.  In some cases, the adverse effects the cotmunity fears may not materialize,



but, nevertheless, they are very real.  The risks related to management of haz-



ardous waste are not always certain,  and citizens question the ability of gov-



ernmsnt, industry, or anyone else to assure long-term safety.  The fact remains,



however, that HWMFs are needed.                                              .,



     In order to site a facility successfully—allaying negative reactions as



much as possible—developers can use a number of techniques.  The first thing



that must be done, of course, is to find an environmentally acceptable site.



After the site has been selected, the developer ought to  consider a consulta-



tion program that includes all of the publics interested  in the siting. Should



the proposed facility site be controversial,  the parties  nay want to use medi-



ation to help resolve the conflict.  And,  finally,  the developer can ccnpensate



individuals and cornrounities for the costs they bear when  a facility is located



in their area.  He might also provide incentives that will make a hazardous



waste facility more attractive to the comrrunity hosting it.



     This document sunroarizes the techniques  mentioned above.  It is based on a



series of four technical studies conducted by EPA.

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                       IDENTIFYING POTENTIAL SITES






     There is need for general guidelines to identify and select sites for



new HWMFs.  These guidelines can be used to limit the number of possible sites



to those able to withstand the most rigorous environmental and comrunity




review.



                           Environmental Factors



     A developer should consider environmental factors first when seeking



possible sites for a facility.  The most important of these factors are



the following:'



     Soil.  Because they are used for containment, soils are a significant



element to be analyzed.  Texture, permeability, and attenuation capacity



are the most important factors related to soil.  The first two determine



the potential for water and leachate to move through the soil's layers;



the third determines the soil's capacity to remove a certain amount of



hazardous material passing through the soil.  Water generally tends to move



more quickly through sandy (highly permeable) soils than through clay soils.



Thus, less permeable soils are more suitable for land treatment and disposal



facilities.  Soil is not an important factor for incinerators and chemical-



physical treatment and storage facilities except in regard to establishing



a firm foundation. Since deep-well injection does not occur in the soil



zone, it is not affected by characteristics of the soil.



     Hydrology.   This science deals with the properties, distribution, and



circulation of water on the surface of the land, in the soil, and in the



atmosphere.  The developer must know something about the hydrology of the



area where he plans to site his HWMF,  particularly the distance from the

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base of the facility to the nearest underlying aquifer.   This distance can vary



as a result of seasonal fluctuations,  natural events such as severe rainfall,



and seismic activity.  Landfills in extremely arid areas subject to infrequent



but heavy downpours nay not need to be as far from ground-water sources as humid



areas because rainwater usually evaporates quickly from the soil rather than



infiltrating into ground water.  The larger quantities of rainwater in humid



areas, on the other hand, promote the formation of leachate in ground water.



     Ground-water flow patterns are of most concern in siting surface impound-



ments, land treatment facilities, and landfills since these types of HWMFs



have the greatest potential for ground-water contamination.  For aboveground



facilities, such as incinerators and contained treatment units,  the developer



must, however, also consider ground-water flow because of leakage from storage



piles and accidental spills, and deep-well injection because of the zone through



which waste is injected.



     The developer must also take into account the distance between the facility



and surface water.  If there is only a short distance,  the potential exists for



contaminating the surface water because of runoff from heavy rains,  of the under-



ground migration of leachate from the facility,  and of complete washout or partial



destruction of the facility from flooding.



     Geology. The developer should consider the geology of the area in which he



plans to site a facility.  Thus, he must have knowledge of the attributes of the



rocks and their formations and constituents.   This includes the properties of



bedrock (a particularly important consideration in sites to be used for deep-well



injection), seismic activity,  and the potential effects  of mining operations close



to the site.



     Climate.  Although climate does affect the design,  operation,  and closure



of HWMFs,  one might debate the extent since moisture and temperature usually

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change very little over relatively wide areas.   The developer should/ never-



theless, obtain information on atmospheric temperature,  rainfall, evaporation



rates, wind velocity and direction, and soil tenperature and moisture.



     Land disposal facilities are vulnerable to problems from heavy precip-



itation, such as the inability of diversion and runoff structures to handle



excessive amounts of liquid, difficulties in moving transportation equipment,



and the possibility of mudslides on embankments.  Lack of moisture can, on



the other hand, also cause difficulties.  Certain kinds of clays used in



liners, for example, may shrink, which results in cracks.  Also, vapor trans-



portation of wastes occurs more frequently in dry areas.



     Design specifications for facilities in areas with extreme variations



in tenperature must reflect freeze-thaw effects on concrete structures,



liners, collection systems, earthen dikes, and roads.   Land treatment re-



quires heat to trigger biodegradation (microbial activity essentially ceases



when the temperature of the soil is below 5° C).  Thus,  the length of the



season during which land treatment nay occur is limited in many locales.



     Wind speed and direction influence where dust, aersols,  and pollutants



are transported.  Emissions from land treatment facilities and landfills



generally consist of dust and fairly heavy particulates that are not car-



ried long distances.  Incinerators, however, normally have smokestacks or



some outlet that enables pollutants to be emitted more directly into air cur-



rents, thus allowing them to be carried further by the wind.   Areas surround-



ing incinerators and chemical treatment facilities are also more likely to



be affected by tenperature inversions.   Winds can,  however, be used to ad-



vantage.  If a facility is sited downwind from a population center, winds



carry the pollutants away from the center.

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     Topography.  The physical or natural features of an area and their



structural relationships—the area's topography—should be considered by



the developer.  This includes:  the slope of the terrain,  which affects



erosion; the potential for flooding; and vegetation,  which involves roots



and plant cover.  The effects of these topographical  characteristics on



siting HWMFs are obvious.



     Unique Features of an Area.  Areas that are in most respects appro-



priate for the siting of HWMFs nay in some special way be unsuitable.  They



nay, for exanple, be a habitat for a particularly valuable species of plant



or.animal; an area that is aesthectically, ecologically,  or economically im-



portant; or a location with particular archaeological or historic signifi-



cance.



     It is probably wise for the developer to abandon plans to site a fa-



cility in any of these kinds of areas.  In some cases,  such as with endan-



gered species, he nay appeal to the appropriate governmental agency if he



feels there is some overriding reason to locate the facility in a particu-



lar area.  Such an action is usually unwise,  however,  since it would prob-



ably encounter strong public opposition.



     Characteristics of Waste.  It is important to know the characteristics



of the proposed facility's wastes and leachates since their interaction with



the soil determines whether there is a potential for  ground-water contamin-



ation.  Such contamination results from changes in the permeability and at-



tenuation capacity of the soil.



     Land Area Required, Capacity of the Site,  and Costs.   When siting a



HWMF, it is important to obtain an accurate estimate  of the land area that



will be required over the entire life of the facility.   In locations close

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to outcrops of rocks, industrial and conrrunity sites,  and surface water,


expansion of facilities could be impossible.


     Capacity of the site is, of course, related to the land area required.


In addition to the factors limiting the size of the facility, the developer


must also consider the depth to bedrock when he is determining capacity.


     It is obvious that siting costs are higher where it is necessary to


excavate large rock or gravel areas or to build numerous access roads.


Also, it is more expensive to purchase land in urban rather than in rural


areas.  Finally, costs increase with each additional mitigating measure
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needed to create an environmentally acceptable site.


     Contnunity Factors.  The developer should consider community factors


only after a number of environmentally sound sites have been identified.


Conrnunity-related considerations are important, however, and mast be seri-


ously addressed before a site is selected.  These concerns, which include


transportation, land use,  public services, and political boundaries and


jurisdictions, vary in importance.  Some nay actually impose constraints


on the siting of HWMFs.  Zoning and land-use ordinances may, for example,


prohibit them near schools or public areas.  Other factors nay simply re-


sult in one site's being more desirable than another.   Thus, although dis-


tance is not generally a prohibitive factor in transporting hazardous ma-


terials, shorter distances between points of generation and disposal are


more desirable than longer ones.


           Use of Environmental and Ccrmmnity Factors in Siting


     Since each siting of a HWMF is unique, no single set of criteria can


be used in all situations.  Some generalizations can be made, however, re-


garding criteria for specific types of facilities.  Criteria that emphasize

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surface and subsurface geologic features are,  for example,  generally used

for land treatment facilities, surface impoundments,  and landfills.  Prob-

lems related to air pollution (such as wind direction and proximity to pop-

ulation centers) and suitability of soil for foundations usually determine

the criteria for incinerators.

                      Criteria Evaluation Systems

     There are several systems for weighting and ranking criteria used to

select sites for HWMFs.  They consist of procedures for determining the

relative importance of each criterion.  Six systems demonstrate the range
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of complexity: "Report to the Arizona Legislature Regarding the Siting of

a Statewide Hazardous Waste Disposal Facility"; "Technical  Criteria for

Identifying and Screening of Sites for Hazardous Waste Facilities"; "Site

Selection Criteria for Hazardous Waste Facilities"; "Program for the Man-

agement of Hazardous Wastes"; "A Standardized System for Evaluating Waste

Disposal Sites"; and "Development of a Soil-Waste Interaction Matrix for

Assessing Land Disposal of Industrial Wastes."

     These systems employ four general approaches to siting—exclusionary

(where sites are eliminated), inclusionary (where the most  desirable sites

are identified), numerical weighting and ranking,  and nonnumerical weight-

ing and ranking.  Each approach has advantages and disadvantages,  and no

single approach is clearly superior to the others.  The best siting strat-

egy is, therefore,  one that uses a combination of approaches to minimize

the disadvantages and maximize the advantages  of each approach.

                             Siting Procedures

     Two procedures are employed for selecting sites—overlay mapping

and data collection for use in ranking systems.   The  former is best suited

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for inclusionary and exclusionary criteria evaluation systems and the latter



for ranking and weighting systems.   In order to select the most appropriate



procedure, the developer must identify the data needed, which usually is re-



lated to the size of the search area.   Implementation of a well-developed



siting strategy requires the same careful,  unbiased assessments as preparation



of the strategy.



     Once the evaluation criteria and  the strategy for evaluating sites have



been developed and inplemented,  the developer should have three to five pos-



sible sites from which to make his final  selection.  He then reviews the rat-



ing systems he employed to evaluate the strengths  and weaknesses of  each of



the sites.  On the basis of this evaluation,  he arrives at the  most  viable



site.  He then proceeds to convince the public to  accept the facility.
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                           CONSULTING WITH THE PUBLIC






     There is little doubt that the developer of a hazardous waste management



facility will find it helpful to establish a public  consultation program.   Such



a process provides the public infornation on the proposed facility, responds



to the public's questions and concerns regarding the facility,  and exchanges



infornation among all parties involved in the siting.



     A public consultation program is not legally required:   the developer under-



takes it voluntarily.  The program typically begins  when the developer tentatively



selects a specific site for a facility.  It usually  ends when the  appropriate



regulatory body begins deliberations on the permit application.  During that tine



the developer attempts to provide technical,  complex infornation to the public.



The program may educate people about HWMFs in general, but it is primarily de-



signed to give them infornation and establish a dialogue about  a specific



site.






                    Success of Public Consultation Programs



     Many public consultation programs have,  in the  past,  been  unsuccessful.



Developers are often unable to establish credibility with the public.   A. number



of factors cause this situation.  Developers do not  voluntarily provide informa-



tion to the public early in the siting process.   They do not give  the public



the opportunity to express their views on proposed facilities.   And, occasion-



ally, their performance in waste disposal has been less  than satisfactory.



     Developers' major technique for disseminating information  is  the public



meeting, which is not successful by itself.   It is almost impossible to provide



conplex information in such a setting, and there is  little opportunity for



the parties to come to an understanding about their  various  points of view.

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These meetings, in fact, often degenerate into hostile and highly emotional




shouting matches.  Public meetings should not, however, be totally discounted



because they can be effective, especially if used in conjunction with other



elements of a public consultation program.






                Elements of the Public Consultation Program




     A public consultation program consists of planning, making the initial




announcement, disseminating information, monitoring the public response, and




docuraentating and evaluating the effort.  These activities mist be integrated




into the overall process of siting,  which involves technical studies and




regulatory review in addition to the public consultation program.




     Planning.  The developer's initial step in siting a facility is to con-




duct technical studies on a regional scale to identify potential sites.  The




developer begins to plan how to consult with the public when she or he tenta-




tively selects the best possible site, using some of the information from the




studies that were conducted for the selection of the site.




     Making the Initial Announcement.  Before the preparation of specific impact



statements and of detailed studies of the site,  the developer makes the initial




announcement.  Since this announcement signals the beginning of the most intense



stage of the consultation program, it should be well thought out and carefully



planned.  The announcement must provide basic information in a manner that is



easily comprehensible,  and it must address those questions  that most iimediately




concern the public,  such as the rationale for the location of the facility,  the



opportunities for the public to participate in the decisionmaking process, basic




information on the operation of the  facility,  and the major impacts of the facil-




ity on the comtunity.   It must,  furthermore,  convince the public that the consul-




tation program is credible and that  they may use it as source of additional



information.




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     Opposition to the proposed facility usually erupts at this time.  For



this reason it is important that leaders in the community be provided with



full information as soon as possible.  They can then respond in a knowledge-



able way when questioned by their constituents or the media.  Providing this



information does not, of course, guarantee support by these people, but they



will probably be nonconmital and certainly favor the principle of providing



information to the public.  They nay, in addition, help limit the spread of



misinformation and misconceptions.  If, on the other hand,  these leaders do



not have such information, it is highly likely that they will react more



negatively to-the proposed siting.     .                 •..:„,          ; ,



     The initial announcement is disseminated by the local media.  The



developer should, therefore, provide them with press releases and should



conduct briefings and press conferences.   Because the developer mist depend



on community leaders and the media to make the initial announcement, it is



imperative that the information be accurate and complete.  If it is not,



this crucial segment of the consultation program could have a disastrous



effect on the siting process.



     At the same time that the initial announcement is made, the developer



usually applies for a permit to site the facility.  The next stage in the



consultation program—dissemination of information—begins immediately after



the initial announcement.



     Disseminating Information.  The period during which information is



disseminated is the longest in the entire program.  At this time, the devel-



oper must ensure that all organizations and individuals in the connunity



have the opportunity to ask questions.  He must also provide all the answers



and attempt to allay all the concerns raised by the public.



     One of the keys to a successful consultation program is understanding



that "the public" comprises many segments—both organized and unorganized.





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"The public" consists of at least seven components.   First is the general



public; it is conposed of local residents who are not affiliated with organ-



ized groups but who want information concerning the facility.  Second is the



local, organized public, which is made up of existing clubs or groups that



take an interest in the proposed facility and those groups formed specifically



in reaction to the facility.  Third are the decisionmakers—appointed and



elected officials who nay make decisions related to the facility.  Fourth



are regional .or national- public interest groups such as those representing



environmentalists or industry.  Fifth are the media, both local and national.



Sixth are those who will be affected economically, for example, generators



of waste.  Seventh are local experts—individuals with a specific interest



in and a detailed knowledge of the technology of managing wastes.



     The information the developer provides each group should reflect the



interests of the particular group.  The developer must also consider the



characteristics of each group in order to determine the techniques to employ



in disseminating the information.  Among the techniques used in the program



can be information centers, briefings, "hotlines," fact sheets, public meet-



ings, and citizens' advisory connittees.



     The information center is usually in an easily accessible and highly



visible location such as a shopping center.  Extended hours make it possible



for the public to pick up brochures and look at exhibits,  maps, charts, and



reports, at their convenience.  A trained staff and sometimes the developer



are available to answer questions.  Workshops,  briefings,  and other meetings



can be held there, and it is the logical location for an information hotline.



The information center can, in fact,  be the focal point for the entire



public consultation program.




     Briefings provide the site developer and representatives of various



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organizations or publics the opportunity to meet in small groups and to discuss



their specific concerns.  These representatives can then pass on information to



their memberships or constituencies.   No attenpt is made to solve problems or to



resolve issues.  The success of briefings depends on the ability of the developer



and his staff to present information competently and accurately and to retain



credibility.



     By means of the hotline, people can obtain answers to their specific questions.



They need only call a toll-free number that has been made known to them through



advertisements, radio and television announcements,  and various other methods em-



ployed in the consultation program.   Callers may receive specific recorded infor-



mation such as on a forthcoming public meeting; they nay be requested to ask. their



questions on a recording machine, and they will be called back with the answer;



or they may talk to one of the developer's staff who is prepared to answer ques-



tions.  The hotline may operate during normal business hours or be available 24



"hours a day.



     Fact sheets are relatively short documents that provide information on spe-



cific aspects of the proposed facility.  The developer issues them periodically



and thus is able to maintain a continuing and updated flow of information.  Fact



sheets are inexpensive to prepare and produce and can be easily disseminated



through the information center.  They can be passed readily from one person to



another.



     Public meetings are usually ineffective for accomplishing the goals of a



consultation program.  By definition,  they are open gatherings at which the gen-



eral public and the developer share  information.   There are usually formal pre-



sentations followed by a question-and-answer period.   As has been said,  these



meetings often degenerate into emotional,  nonproductive exchanges between the



public and the developer.




     There is,  however,  an option to the traditional public meeting:   the
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large-group-small-group arrangement.   TViis variation on the public meeting begins



with a presentation by the developer.   After the presentation the meeting breaks



up into snail groups presided over by the developer's staff or members of the



comrunity Who have been trained by the staff to be discussion leaders.  This for-



mat provides more personal interaction between the public and the developer and



thus produces a better understanding of one another's point of view.   It also



diminishes the possibility that those who are the most vocal  will dominate the




meeting.



     A citizens' advisory committee consists of the developer, public officials,




and representatives of all groups with an interest in the siting of the facility.



It provides a forum for all participants to discuss and evaluate issues.  Although



it does not have decisionmaking authority, it usually makes recommendations that



are presented to the regulatory body involved in the approval process.  In addi-



tion to providing information to the public through the committee, the developer



establishes his credibility simply by being a visible member  and showing his



willingness to work with the community.



     Monitoring.  While the developer is disseminating information,  she or he



should be monitoring the public's reaction.  Monitoring is important because it '



establishes a dialogue between the public and the developer,  which distinguishes



public consultation from public relations.



     Monitoring involves,  essentially,  feedback for the information program.



There should be mechanisms to record the public's response to the proposed facil-



ity and to the public consultation program.  The developer must  be able to deter-



mine whether the public is receiving and understanding the information being dis-



seminated.  It is essential that questions or concerns that have not been addressed



be identified so that this situation can be rectified.  If this  is done, it is



possible to make changes in the proposed facility and thus eliminate potential



problems.



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     Mechanisms for monitoring vary with the consultation technique.   Question-



naires or cotment sheets can be handed out at the information center.  The devel-



oper might request a written brief from organized groups involved in the consul-



tation program.  A procedure could be established by which the staff can record



questions or comments at the information center and on the hotline.   There might



be frequent debrief ings of the developer's staff who are in contact with the



public.  Methods can be established whereby the numbers of people participating



in the program and their characteristics (such as the amount of education,  place




of residence, affiliations) can be recorded.



     In selecting monitoring mechanisms, the developer must keep in mind that



the results have to be examined, and this involves cost.   It takes considerable



staff time, for example, to analyze questionnaires and coverage in the media.



In addition, the results of some monitoring mechanisms have to be made available



to the public.  People cannot be expected to fill out questionnaires, for



instance, and then never find out the results.   The developer would lose credi-



bility if this were to happen.   Thus,  while monitoring is an absolute necessity,



the amount and kind must be considered seriously since a heavy expenditure may



be involved.



     It is also important to remember that information from other sources,  partic-



ularly those opposed to the facility,  must be monitored. . This information nor-



mally indicates accurately the cormunity's reaction to the facility.   Hence, the



developer should monitor news stories in all the media,  letters to the editor,



editorials, newsletters and other types of information prepared by other groups



involved in the siting process,  and statements made by conrunity leaders.  Should



any of this information be inaccurate or misleading,  a response can be issued by



the developer to correct the situation.




     Documentating and Evaluating.   The developer needs to record What the program





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has done, using the data to evaluate the program.  The developer seeks to achieve



a number of objectives through documentation and evaluation.  First, "he wants to



show the efforts he has made to inform the public on the iitpacts of the proposed



facility.  Second,  he attenpts to demonstrate  that he understands  the  public's



concerns about and objections to the facility.  Third, he tries to establish that




he has done everything possible to mitigate the public's concerns.  Finally,  he



strives to prove that he has met or exceeded any mandatory requirements for inform-



ing and consulting with the public.



     The evaluation report summarizes the  way  the developer has achieved  the objec-



tives of the public consultation program.  It  includes data on the availability



of information:  the number of people attending meetings, using the information



center, and calling on the hotline?  the number of corments and tsriefs  received



from the public; the groups and organizations  participating in the process; cover-



age by the media; the techniques used in the program.  The report  also covers the



comprehensiveness of the information; indicates an understanding of the public's



concerns; discusses the steps taken to respond to those concerns;  and  presents



the alternatives proposed by the public concerning the design and  operation of



the facility.



                     Public and Private Site Developers



     There are no fundamental differences  between the consultation programs of



public and private developers.  These programs vary only in minor  ways, which



are based on the public developer's relationship to the regulatory process.



This means that the public developer must  demonstrate that there is no collu-



sion between him and the body that approves the facility.



     But even this aspect of the program may not differ from that  of the  private



developer.  Many private developers  have worked closely with regulatory agencies
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and, thus, may have to demonstrate their autonomy from these agencies,  'fine pri-



vate developer has the advantage of not having to defend the past and present



waste management practices in the State.  He has the disadvantage/  "however/ of



convincing the public that he will be available in the future to honor his




commitments.





                       The Developer and the Director



                     of the Public Consultation Program



     The validity of the public consultation program may be questioned if the



developer conducts his own program.  To avoid this criticism,  the developer can



find a neutral party to run the program and perhaps even secure an independent



source of funding, but even such programs are based upon local studies done by



the developer.  Successful consultation programs in the past have not, however,



been rejected by the public simply because the developer conducted them.






                   Value of a Public Consultation Program



     The developer is usually not required to conduct a public consultation



program of the type described above; it is done voluntarily.   And/  While



conducting such a program is not a guarantee that all public opposition to



the facility will be overcome,  it is reasonable for the developer to expect



to gain some public and governmental support for his siting effort.  Such



a program should also enable him to solve a number of problems associated



with siting HWMFs at an early stage in the process.
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                                 MEDIATION






     Mediation is a process whereby a disinterested party intervenes among con-



flicting parties to promote reconciliation,  settlement,  or understanding.   Al-



though mediation has not yet been used in siting a HWMF,  the technique is a pos-



sible approach to settlement that should not be overlooked.   It is important,



therefore, that those involved in siting facilities have sane knowledge of the




process.



     It should be recognized at the outset that the objective of mediation is



compromise. ~ Thus, if those involved in a dispute adopt an uncompromising posi-



tion, mediation will not work.  It is usually the last attenpt to resolve dif-



ferences before the parties become involved in lengthy,  expensive litigation.






                           Deciding on a Mediator



     Any group engaged in a dispute involving siting  a HVM?  nay decide to try



mediation to settle that dispute.  The group must consider first whether its



position, and that of the other parties,  may still be flexible and open to com-



promise. If so, the group should attenpt to find a mediator  who suits its needs



and is acceptable to the other parties.  This can be  done by consulting the list



of mediators and mediation organizations published by RESOLVE Center for Envi-



ronmental Conflict Resolution and reproduced in EPA's Using  Mediation When



Siting Hazardous Waste Management Facilities—A Handbook. The group can also



get in touch with its State labor mediation service or a private mediator with



whom someone in the group is acquainted.



     Selecting the proper mediator is extremely important because people's



resources, concerns, and future are in his hands.   The mediator must be accept-



able to all the parties.  If there are any reservations concerning that person,



another mediator would be more effective.



     One should consider several criteria when choosing a mediator.  Mediators



must, first of all, have no stake in the dispute or its outcome.  There should



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be no intellectual, economic, or emotional involvement.   One should also con-



sider the demonstrated experience of the mediator and the mediation organization



and the individual's skills in dealing with people.   Not only is it necessary for



mediators to be experienced in mediation, but it is  imperative that they be able



to make the process understandable to the groups with whom they are working.



Although mediators need not be (and perhaps should not be) technical experts, they



mist become familiar with the political and legal context of the dispute and be



able to understand the language involved.



     Mediators must, of course, be able to devote adequate time to all parties.



The ability to listen is an absolute necessity; mediators who talk more than they



listen will not be successful.  Good judgment must be reflected in handling con-



fidential information.  Mediators have to be able to distinguish between inforna-



tion that can and should be passed on to the other parties and information that



should remain confidential.  Finally, mediators rtust be  sufficiently perceptive



to know if the agreement reached is workable; otherwise  everyone's time and effort



will mean nothing.






                            How Mediation Works



     Anyone who is a party to the dispute or is knowledgeable concerning it can



make the initial contact with the mediator.  That person will inform the mediator



about his or her view of the dispute: parties involved,  issues,  power relation-



ships among the parties,  pressure to negotiate, and  uncertainty concerning the



outcome of litigation.  Unless mediators see no possibility for mediation, they



will discuss the next step—approaching the other parties.   These contacts can



be made by the mediator,  the person from the group that  enlisted his aid, someone



who is trusted by all the parties involved, or some  combination of these individ-



uals.




     When all of the parties agree to try mediation,  the mediator meets with



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each group individually to explain the process,  to discuss  the group's position,



and to determine the group's perspectives.   He also encourages the groups to



ask questions about the process.



     Once all the parties agree to participate,  the mediator normally calls a



joint ireeting that all or most of the parties attend.   In conducting the meeting,



the mediator treats each party equally and grants each an opportunity to present



its views.  At some point all of the groups appoint negotiators to represent them.



When the negotiators feel unsure concerning some point,  the mediator encourages



them to caucus with their technical experts.  The mediator  also caucuses with



the negotiators of the various parties, making suggestions  and encouraging them



to exchange proposals with the other parties. The mediator may even suggest a



proposal.  By this process the parties hope to reach agreement on the specific



terms of the settlement and the ways to implement it.   The  final step is to



to create a mechanism by which the parties can resolve any  future disputes.



They might, for example, set up an advisory committee or establish a process



for arbitrating a controversy.



     One should keep in mind that either the parties or the mediator may decide



at any point to discontinue the process, to select a new mediator* to use a



different technique to resolve the conflict, or  to resort to litigation.





                           Advantage of Mediation



     Even though mediation has not yet been used in settling disputes related



to the siting of HWMFs, there are reasons to believe that it may be useful.



The fact that it has been successful in equally  difficult situations such as



labor disputes argues strongly for its use.  While many of  its advantages



can be perceived in the above discussion,  an important one  has not been men-



tioned:  cost.  Compared to lengthy litigation,  mediation is usually far less



expensive.  Most mediators and mediation organizations operate on grants from



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from foundations or governmental agencies.  These grants usually caver salaries



and reasonable travel expenses.   If any additional expenses are  involved,  a pay-



ment plan can be worked out among the mediator and the parties in the dis-




pute.



     Perhaps the most important  reason to attempt to mediate disputes is that it



usually allows the parties to discuss and compromise on the real issues that divide



them.  Litigation, by contrast,  often focuses  on narrow issues that serve as effec-



tive causes of action,  but that  are not necessarily  issues about which parties have



the strongest feelings.  Mediation can focus on  the  most pressing concerns of each



party, thereby promoting a better atmosphere for compromise and  resolution.
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                          COMPENSATION AND INCENTIVES






     Useful tools in successfully siting facilities are compensation and incentives.



Many potentially adverse effects can,  however, be mitigated before compensation



or incentives are enployed.  A developer could,  for exanple,  redesign the facility



to provide extra protection from ground-water pollution. Or, he could buy addi-



tional property to serve as a buffer between the facility and neighboring property.



     Mitigation is useful for a number of reasons.  It demonstrates commitment



and credibility, which are useful when negotiating with local groups,  and an atti-



tude of good neighborliness, which can be important for a lasting business.  And



it can avoid the payment of compensation.






                                Compensation



     Why is conpensation important? There is no way to avoid all the potential



adverse effects of a HWMF, even if the developer adheres to strict regulatory



requirements and employs mitigation measures. Compensation deals with these




effects.



     There are essentially four types  of compensation:   monetary payments, in-kind



replacement of affected resources or services, contingency  funds and insurance,



and land-value guarantees and payments.



     Monetary payments.  Monetary payments to individuals and conmanities allow



the recipient to decide how to deal with the costs resulting  from the siting of



a facility.  This flexibility is, however, accompanied by possible accusations



of buying off the recipient.  Thus, it is important to have a direct connection



between the burden on the recipient and the payment to offset the burden.  These



payments are best suited to measurable effects and defined  costs.



     Monetary conpensation can be in the form of one-time or  continuing payments.



Payments are in cash or its equivalent and are often known  as "tied impact pay-



ments." This means that the funds can  be used only for stipulated purposes such



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 as  for recreation areas or roads.  Continuing payments may take a number of forms:



 property tax payments, payments in lieu of taxes, gross receipt taxes, tipping



 fees, and adjustments to State-local aid formulas.



     There are many combinations of providers—private developers and States—



 and recipients—individuals, groups, and cormunities.  The form of payment  varies,



 of  course, depending on the particular combination of provider and recipient.



     In-Kind Replacement of Affected Resources or Services.   This type  of  com-



 pensation offsets the burden imposed on a community or individual by replacing the



 particular resource or service.  It works particularly well for those things that



 a developer or a State can provide directly.  While this type of compensation  has



 the advantage of being directly connected with the problem it is addressing and



 of  meeting criticisms of bribery and payoff, it has a number of disadvantages.



 It  does  not, for example, deal completely with such intangibles as the quality of



 life in  a conrunity.  The community may also prefer to replace its own resources



 or  services than have it done by a developer or the State.



     Contingency Funds and Insurance.  Contingency funds and insurance (beyond



 what EPA and some States may require of facilities) constitute promises  to pay



 for adverse consequences of a hazardous waste management facility.  The  conse-



 quences  cannot be reliably predicted and are,  in fact,  unlikely to occur.



     Contingency funds usually either guarantee the performance of the owner or



 operator of a facility or provide protection against unexpected events.  Per-



 formance requirements might include the operations, maintenance,  and closure of



 a facility beyond the legal requirements.   Such unexpected events as accidents,



 fires,  and spills cannot be predicted,  but they can pose problems for the environ-




 ment and for the health of the conrunity.   The contingency fund compensates  for



 damages  caused by these events.




     There are a number of ways to finance contingency funds:  one-time payments,



payments over time,  or additional payments as  they are needed.   States,  developers,



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or both can finance them.  Both insurance and contingency funds can cover a single




facility or a number of facilities.



     land-Value Guarantees or Payments.   The presence of a HWMF say bring about a



decline in property values in the area adjacent to it because of noise, traffic,



odors, and risk of property damage.   Mitigation can lessen these effects, but



usually not eradicate them.  And,  since the value of the property decreases, the



whole contTunity suffers a loss of taxes and revenues.



     Two means to compensate individuals for the decline in  property values are



the purchase of the affected property at fair market value or payment to offset



the loss.  The community can also be compensated by the developer's paying the



cotrnunity the present value of the revenue lost in property  taxes and deduct-



ing this amount from that given to the affected individuals.  He could, as an



alternative, reimburse the community on a continuing basis as funds are available.






                                 Incentives



     Incentives are defined as benefits that are not related to specific adverse



impacts of a facility.  While compensation,  as we define it, may -jtake people



feel neutral about a facility, incentives may actually resolve a controversy



over siting.  They may also produce the goodwill necessary to help a facility



remain in business.



     When considering incentives,  a developer should keep three factors in mind.



First, long-term payments to the community that are tied to  the amount of waste



being disposed of and that are supplemental to compensation  could be more expen-



sive than providing a one-time donation of land or equipment to the community.



Second, the least expensive incentive—supplying disposal services to local



industries or sharing such equipment as a fire truck—may have an equal strategic
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value to other types of incentives.   Third, the greatest danger of incentives is



that they will raise suspicions that the facility is worse than it actually is



or that the developer is acting unethically in some way.



     It is usually not appropriate for States  to  require developers to provide



benefits beyond corrpensation for the adverse effects of a facility.  Developers



feel that it is their prerogative to arrange for  incentives directly with the



cormunity.  They do not oppose, of course,  the States' supplementing their own



incentives.  But, if States do provide incentives, they should clearly explain




to the public why they are doing so.





                           The Role of the  State



     Successful siting of new HWMFs depends largely upon States'  sharing respon-



sibility with the developer.  The degree of support and assistance has,  in the



past, varied from State to State.  The States' attitudes toward ccnpensation and



incentives have ranged from being completely passive, to encouraging their use,



to requiring them of developers, to providing  them directly.   Now, however, many



States are enacting laws that establish systems for siting facilities.  These



laws include creation of siting boards, public participation programs, and incen-



tives for the host cormunity.



     There are several reasons why States may  want to provide  compensation and



incentives directly.  It may be an inducement  for developers to build  facilities



and for the cormunity to accept them.  Provision  of compensation  and incentives



by the State may resolve differences between developers and cormunities  and



thus shorten the process of siting a facility. In States where home rule laws




are strong, the only way to site facilities may be for the State  to provide



compensation and incentives.  Finally,  if the  State, in addition  to the  developer,



provides compensation and incentives, it is less  likely that they would  appear as



unethical.



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     There are, on the other hand,  reasons why States  should not provide ccnpensa-



tion and incentives.  Developers nay consider such provision public interference



in the private sector.  Seme people nay view State involvement as unfairly subsi-



dizing business.  Others,  particularly State hazardous waste management officials,



fear that these payments will establish a precedent for  other public and private



facilities, even though HWMFs are,  indeed, special cases.  The possibility exists



that the State regulatory role could be undermined by  paying compensation and



incentives, -even though they are paid 'to individuals and communities and not to,



the developers.  Many State constitutions forbid long-term monetary payments,



and so special legislation nay have to be enacted every  year to allow continuing



payments.






                          State Financing Methods



     States fund compensation and incentives in three  ways:   from the general



fund; from fees or taxes on operators of facilities or generators of waste;



from grants or loans by Federal agencies.  When States provide compensation



and incentives, they should consider placing the burden  on consumers who buy



more products that generate hazardous waste by-products  rather than consumers



generally.  States may also wish to avoid subsidizing  generators from out of



State who use the facility.  These problems can be avoided by a tax or fee



on all HWMFs and by inter-State arrangements concerning  compensation and ince—



centives, such as joint funding of compensation funds.






               State Requirements for Payments by Facilities



     States nay require compensation by developers.  An  agency or board that



issues permits may be authorized to include compensation among the conditions



necessary for approval of  the permit.   The compensation  must generally be



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related to the impacts of the facility and meet a legal test of "reasonable-



ness."  Any State requirement is likely to be controversial and should be



carefully evaluated before being imposed.





                             Binding Agreements



     It is inportant to recipients that the premised compensation be legally



enforceable, particularly if it is to continue in the future.  A fonral agree-



ment is also a way by which developers can demonstrate their good faith and



oontratment. -If possible-and appropriate,  developers prefer that recipients



premise to support them or at least to refrain from opposing them.



     Two points must be made about agreements concerning the siting of HWMFs.



First, arrangements between local governments and developers to support the



siting of such facilities are not binding on all residents of the coramunity.



Thus, for some adverse impacts, the developer will have to establish agree-



ments with individuals or groups.  Even these agreements,  however, may not



prevent certain factions in the group from opposing by legal means the sit-



ing of a facility.  Second,  local governments cannot contract away their



right to control HWMFs, such as through zoning,  occupancy permits, and build-



ing permits.  Thus,  a developer will find it impossible to gain the promise



he seeks most: a guarantee that he can build and operate his facility.
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                                   CONCLUSION





     The solution to the successful siting of new HWMFs  lies  in developing and



testing safe approaches to manage hazardous waste and in providing information



to the public on these safe techniques to allay fears regarding health and the



environment.  While some of the methods of informing the public discussed in



this document have not been tested for siting HWMFs,  they have proved to be



successful in similar'.types of,activities.  Because of individualized factors



regarding each facility (such as location,  economic strength  of the community,



and types and quantities of waste), various methods in varying ccnfoinations



can be adapted that will result in the siting of facilities that will serve



the ccnminity and industry alike.
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