7ATER QUALITY
..ANAGEMENT GUIDANCE
•PD 3-76-01
RESIDUAL WASTE
MODEL
STATE
LEGISLATION
March, 1976
§ Environmental Protection Agency
Water Planning Division
Washington, D.C. 20460
LIBRARY
U. S. thflsjrtMtt.AL PROTECTION
EDISON, N. J. 08817
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RESIDUAL WASTE: MODEL STATE LEGISLATION
by
Don Macdonald
James M. Cole
William F. Dwyer
Dennis A. O'Leary
Contract No. 68-01-3550
Project Officer
Dr. M.D. Neptune
Office of Water Quality Planning
Environmental Protection Agency
Washington, D.C.
March 1976
LIBRARY
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PREFACE
The work described in this report was conducted under EPA
Contract Number 68-01-3550, entered on 24 September 1975. The mat-
erials contained in the report are directed to the needs of areawide
waste management planners working under Section 208 of Federal Water
Pollution Control Act, Public Law, 92-500, as amended in 1972.
This is one of a series of EPA documents designed to pro-
vide ready reference materials to the Section 208 planners that are
developing solutions to problems of residual waste management.
Companion documents currently in preparation by the Environmental
Protection Agency, Office of Water Planning and Standards, include a
separate manual dealing with agricultural and si 1 vicul tural residual
wastes and a new manual entitled, Residual Waste, Best Management
Practices Handbook, i1lustrating the application of a set of manage-
ment practices to solve or ameliorate some of the more frequently
encountered residual waste problems.
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ABSTRACT
The product of this research is a Section 208 Planner's Handbook which
identifies and discusses legislative and regulatory provisions, which will
permit and control the disposition of residual waste to the land without en-
dangering water quality. Therefore, existing State, county, regional and
municipal laws and regulations for disposal of residuals were researched, and
a comparison of these laws, along with interviews of State officials, pro-
vided the criteria for evaluating the effectiveness of State provisions included
in the Model Legislation.
The focal point of this handbook, from which the analysis and recommen-
dations flow,is a model statute, entitled, "A State Residual Waste Management
and Resource Recovery Act." The statutory scheme is structured to support the
implementation of areawide planning. The approach taken toward the use of
areawide planning is an integrated one. The suggested legislative model add-
resses all phases of the disposal of residual wastes on land or in subsurface
excavations.
The term "Residual Waste" as used in this study \s defined to include
those solid, liquid or sludge substances resulting from man's activities in the
urban, agricultural, industrial and mining environment not discharged to water
after collection and necessary treatment. This handbook deals with laws that
control the disposal of waste and that encourage resource conservation. This
study treats all of the common aspects of regulation, such as permits, inspect-
ions and variances; additionally, it deals with those special considerations
that have a significant effect upon the effectiveness of comprehensive area-
wide planning, these include inter-agency authority, technical assistance,
record keeping, transportation, classifying special wastes, site selection,
closure requirements and enforcement strategies. There are proposed model law
provisions for an area categorized as special residual waste considerations,
such as hazardous waste, feedlot waste, mine tailings and dredged material,
all having a potentially deleterious effect upon water quality.
This handbook is one of a series of EPA documents designed to provide
ready reference materials to Section 208 Planners, who are developing area-
wide solutions to residual waste management problems.
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TABLE OF CONTENTS
CHAPTER I
Section
1.1 Legislative Authority for the Mission of the 208 Planner. . 1-1
1.2 Interaction with Existing Waste Management Agencies .... 1-2
1.3 Strategies Available to the Waste Management Planner. . . . 1-4
1.4 Organization of Legislative Materials 1-5
1.5 Use of Existing Waste Management Legislation 1-6
1.6 Use that is Expected to be Made of This Handbook 1-6
1.7 Research Methodology 1-8
1.8 Relating the Problem to Available Legislative Solutions . . 1-11
CHAPTER I I
2.1 Objectives of this Research 2-1
2.2 Overview 2-1
2.3 Findings 2-1
2.4 Characteristics of State Laws 2-2
2.5 Provisions for Hazardous and Toxic Wastes 2-3
CHAPTER I I I
3.1 Essential Elements of a Legislative Enactment 3~1
3.1.1 Planners Role in Preparing Legislation 3"1
3.1.2 Relationship Between Statutes, Ordinances 6 Regulations . . 3-1
3.1.3 Choice Between New Law and Regulation 3-2
3.1.4 Governmental Levels at Which the Law and Regulations
are Enacted and Enforced 3'3
3.1.5 Problems Addressed by the Standard Sections of
Environmental Management Laws 3"3
3.1.5.1 Policy Declarations 3~3
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3.1.5.2 Definitions Used in the Laws ............... 3-5
3.1.5.3 Authority ......................... 3-5
3-1.5-4 Enforcement Agency (For State or Local Laws) ........ 3-6
3.1.5.5 Define Planning Functions ................. 3-6
3.1.5.6 Rule Making Authority ................... 3-6
3.1.5-7 Powers and Duties of Agency ................ 3-7
3.1.5.8 Permit Issuance Authority ................. 3-8
3.1.5.9 Notice, Hearings and Judicial Review ........... 3-9
3.1.5.10 Injunctions to Abate any Threat to Public Health ..... 3-9
3.1.5.11 Advisory Boards ..................... 3-10
3.1.5.12 Establishment of Title to Residual Wastes ......... 3-10
3.1.5.13 Need for Public Participation & Public Education Regarding
Residual Waste Facilities Requirements and the Public's
Role in Reducing Waste Burdens ............. 3~11
3.1.5-14 Statutory Provision for Areawide Waste Management
Facilities ....................... 3-11
3.1.5.15 Bonds and Insurance Provisions .............. 3~12
3.1.5.16 Need for Technical Clauses Dealing with Repeal, Saving
and Severability .................... 3-12
3.1.5-16.1 Repealers ......................... 3-12
3.1.5.16.2 Savings Clause ...................... 3-13
3.1.5.16.3 Severability Clause .................... 3-13
3.2 Problems Associated with Conservation and Disposal
of Residual Wastes ................... 3-14
3.2.1 Land Disposal of Residual Wastes ............. 3-14
3.2.1.1 Need for Control of Materials Going to a Landfill ..... 3-14
3.2.1.2 Pesticide Containers .................... 3-15
3.2.1.3 Incinerator Ash or Pyrolytic Char ............. 3-15
3.2.1.4 Hazards to Public and Wildlife ............... 3-15
3.2.1.5 Need for Monitoring of Groundwater ............. 3~16
3.2.1.6 Pollution of Groundwater .................. 3-16
3.2.2 Need for Control of Land Used for Disposal Sites ...... 3-17
3.2.2.1 Variances and the "Grandfather" Clause ........... 3-17
3.2.2.2 Control of Land After Use as a Hazardous Waste
Disposal Area ...................... 3-17
3.2.2.3 Conservation and Utilization of Impervious Bottom Sites. . . 3-18
3.2.2.4 Inventory of Potential Residual Waste Disposal Sites .... 3-18
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3.2.3 Waste Piles and Tailing Drainage 3-19
3.2.4 Industrial Wastes, Control of Sources & Disposition 3-19
3.2.4.1 Inventory of Waste Loads 3-19
3.2.4.2 Control Strategy for Industrial Wastes 3-20
3.2.4.3 Tank Cleaning Wastes 3~20
3.2.4.4 Used Motor Oil 3-21
3.2.5 Dredged Material Disposal 3-21
3.2.5.1 Pollution of Groundwaters 3-21
3.2.5.2 Beneficial Use of Dredged Material 3~22
3.2.6 Use or Disposal of Sewage Sludge - Municipal 3-22
3.2.6.1 Application Upon the Land 3-22
3.2.6.2 Safe Application Rates 3-22
3.2.6.3 Sludge Ash 3-22
3.2.6.4 Control of Nuisance 3-23
3.2.7 Agricultural Wastes 3~23
3.2.7.1 Pesticide Containers 3~23
3.2.7.2 Organic Wastes 3-23
3.2.8 Construction and Demolition Wastes 3~24
3-2.9 Control of Transportation of Residual Wastes 3~24
3.2.9.1 Waste Transport Vehicles 3-24
3.2.9.2 Routing Over the Road 3-24
3.2.9-3 Clean Up of Spills - Emergency Procedures 3-25
3.2.10 Litter 3-25
3.2.11 Beverage Container Deposit Laws 3-26
3.3 The Need for Legislative Provisions to Aid in Reuse
and Recovery of Residual Wastes 3~27
3.3.1 A National Survey of Resource Recovery 3~27
3.3-2 State Action to Stimulate Reuse and Recovery of Materials . 3-28
3.3.2.1 Tax Abatement as an Incentive to Reuse 3~30
3-3.2.2 Underwriting Actual Losses in Commercial Recycling
Operation 3-31
3.3.2.3 Making Municipal Solid Waste, Including Shredded
Wood, Available to Utility Companies 3~31
3.3-2.4 Removal of Discriminating Labeling or Advertising
Constraints on Recycled Products 3-31
3.3.2.5 Remove Discriminatory Freight Rates on Recyclable Materials 3~32
VI I
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CHAPTER IV
I SHORT TITLE 4-1
II DECLARATION OF POLICY 4-1
III DEFINITIONS 4-2
IV STATE AGENCY AUTHORtTY/POWERS/DUTIES 4-3
IV(A) Administration of the Act 4-3
IV(B) Technical Assistance 4-5
V PLANNING (STATEWIDE, AREAWIDE, LOCAL) 4-6
VI COMPLIANCE/ENFORCEMENT AGENCY 4-8
VI) OPERATION AND FINANCING OF AREAWIDE PLANS 4-10
VIII AREAWIDE/MUN1CIPAL AUTHORITY - MANAGEMENT 4-11
VI I I(A) Intra-Municipal Authority 4-11
VIII(B) Eminent Domain, Zoning, Preemption 4-12
IX ESTABLISHMENT OF RESIDUAL WASTE DISPOSAL SITES 4-13
IX(A) Criteria Used to Determine Location of Sanitary Landfill . . . 4-13
IX(B) Classifications of Residual Waste Disposal Sites 4-14
X PERMITS 4-16
XI STANDARDIZATION 4-18
XI(A) Requirements and Prohibitions 4-18
XI (B) Variances (Exceptions, Exemptions, "Grandfather Clause" . . . 4-19
XII ENSURING COMPLIANCE 4-20
XI I (A) Enforcement Penalties 4-20
XI I (B) Inspections 4-21
XIII JUDICIAL AND ADMINISTRATIVE PROCEEDINGS 4-21
XIV SITE CLOSURE (COMPLETION, ABANDONMENT) 4-23
XV REUSE, RECYCLE, RECOVERY, INCENTIVES 4-23
XVI ADVISORY COUNCIL AND ENVIRONMENTAL STUDY 4-24
XVII SPECIAL CONSIDERATIONS 4-25
XVI I(A) Hazardous Waste 4-25
XVI I(B) Record Keeping Regarding Wastes 4-2?
XVI I (C) Regulation of Transportation of Residual Wastes 4-28
XVI I(D) Abandoned Motor Vehicles 4-29
XVI I (E) Mine Drainage Control 4-29
XVI I(F) Control Over Confined Animal Feeding 4-30
XVI I(G) Preservation of Wetlands 4-31
XVII(H) Use of Waste Disposal Wells 4-32
XVI I (I) Requirements for the Disposition of Dredge Spoil 4-32
XVI I (J) Regulation of Waste Piles 4-3**
XVI I(K) Litter Control Considerations - Model (B) 4-35
XVI I(L) Summary of Criteria for Land Application of Sludge to Farmland .4-35
XVIII REPEALER ^-36
XIX SEVERABILITY ^-36
XX SAVING CLAUSE 4-36
XXI EFFECTIVE DATE 2t-36
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CHAPTER V
5.1 Criteria for Selection of Provisions 5-1
5-1-1 "Effectiveness" of Residual Waste Management Laws . . . 5-1
5-1-2 General Rules for Selection of Materials for
Inclusion in Model Law 5-2
5-1-3 A Matrix Comparison of Specific Provisions of
State Laws 5-2
5-2 Basis for Inclusion of Sections Selected for the
Model 5-9
5.2.1 Section IV(A) Administration of the Act 5-9
5.2.2 Section IV(B) Technical Assistance 5-9
5.2.3 Section V Planning (Statewide, Areawide & Local) .... 5-10
5-2.k Section VI Responsibilities and Duties of the
Enforcement Agency 5-10
5-2.5 Section VII Operations and Financing of Areawide Plan. . 5-11
5.2.6 Section VI I I(A) Areawide Municipal Authority 5-11
5.2.7 Section VI I I(B)Eminent Domain, Zoning and Preemption . . 5-11
5.2.8 Section IX(A)&(B) Criteria for Location and
Classification of Waste Disposal Sites 5-12
5.2.9 Section X & XI Permits and Standardization 5-13
5.2.10 Section XI(B) Variances 5-13
5.2.11 Sections XII and XIII Enforcement, Penalties
and Inspections 5~13
5.2.12 Section XIV Site Closure 5-U
5.2.13 Section XV Reuse and Conservation Incentive 5-1**
5.2.H Section XVI I (A) Hazardous and Toxic Waste Controls . . . 5-1^
5-2.15 Section XVI I(D) Abandoned Motor Vehicles 5-18
5-2.16 Section XVI I(E) Mine Drainage 5-18
5-2.17 Section XVII(F)&(J) Feed Lot Drainage & Waste Piles . . 5-18
5.2.18 Section XVI I (H) Waste Disposal Wells 5-18
5.2.19 Section XV I I(I) Disposition of Dredge Spoil 5-19
5.2.20 Section XVI I(L) Application of Sludge to Farm Land . . . 5-19
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TABLE OF EXHIBITS
Exhibit "1" Legislative & Regulatory Provisions
by Level of Government
Exhibit "2" A Matrix Comparison of Specific Pro-
visions of State Laws
PAGE
3-4
5-3
TABLE OF APPENDICES
Appendix "A" Glossary of Residual Waste Terminology
Appendix "B" Minnesota Law - Example of Comprehen-
sive Inter-County Planning
Appendix "C" Examples of Residual Waste Study -
Quest ionnai res
Appendix "D" Federal Laws and Regulations
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C-1
D-1
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ACKNOWLEDGEMENTS
The study team is very much indebted to the EPA Project Officer, Dr. M. Dean
Neptune, for his considerable contributions in structuring the research and
for his assistance in the treatment of the residual waste management tech-
nical aspects. We are also indebted to the EPA, Regional 208 Coordinators,
and the State and local solid waste planning agencies which provided the
basic information for this report.
We express our appreciation to the following organizations and individuals
for their cooperation and assistance in this study:
Mr. Gene Mattes
EPA Region III, 208 Coordinator
Curtis Building
6th and Walnut Street
Philadelphia, Pa 19106
Mr. Scott Berdine
EPA Region IV, 208 Coordinator
1421 Peach Tree Street N.E.
Atlanta, Ga 20309
Mr. Kent Fuller
EPA Region V, 208 Coordinator
230 South Dearborn Street
Chicago, 111 60604
Mr. Paul Ferraro
EPA Region VIII, 208 Coordinator
i860 Lincoln Street
Denver, Co 80203
Mr. Paul C. Soltow, Jr. and
Mr. Don M. Hemovich
Bay Area Sewage Service Agency (BASSA)
Hotel Claremont
Berkeley, Ca 9^705
Dr. Joseph E. Hooper, Ph.D.
W. & H. Industries Inc.
A04 North Roxbury Drive
Beverly Hills, Ca 9^720
Mr. David Burack
Regional Waste Water Solids Management Program
Los Angeles/Orange County Metropolitan Area
(LA/OCMA Sludge Program)
P. 0. Box 4998
Whittier, Ca 90607
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Mr. Ronald E. Schwegler
Planning and Development Division
County Sanitation Districts of Los Angeles County
P. 0. Box 4998
Whittier, Ca 90607
Mr. E. J. Smith and
Mr. Ellis Rail
Denver Regional Council of Governments
1776 South Jackson
Denver, Co 80210
Mr. Orvi1le Stoddard
Engineering Section
Colorado, Dept. of Public Health
4210 E. 11th Ave.
Denver, Co 80220
Mr. Mark Lowery
Colorado Land Use Commission
1845 Sherman St.
Room 600
Denver, Co 80203
Mr. Charles Kurker
Solid Waste Management Unit
122 Washington St.
Room 13
Hartford, Ct 06106
Mr. Ross Craft
Environmental Protection Agency
Division of Land Pollution Control
2200 Churchill Road
Springfield, 111 62706
Mr. Lawrence Cramer
Pollution Control Agency
Division of Solid Waste
1935 W. County Road B 2
Ropeville, MN 55113
Mr. Bernhardt Lind
Division of Environmental Quality
Bureau of Solid Waste Management
Trenton, N. J. 08625
Mr. William G. Bentley
Dept. of Environmental Conservation
Div. of Sol id Waste Management
50 Wolf Road
Albany, N.Y. 12201
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Mr. LeRoy K. Rachels
Oklahoma Dept. of Health
Solid Waste Management Division
Northeast 10th and Stonewall
Oklahoma City, Ok 73105
Mr. Ernie Schmidt
Dept. of Environmental Quality
1234 Southwest Morrison
Portland, Or 97205
Mr. William Bucciarelli
Dept. of Environmental Resources
Division of Solid Waste Management
Fulton Building
3rd and Locust Streets
P. 0. Box 2063
Harrisburg, Pa 17120
Mr. Avery Wei 1s
Dept. of Ecology
Solid Waste Resource Recovery Division
Olympia, Wa 98504
We extend a special thanks to the following individuals for their review and
comments on our draft report:
Mr. Albert Marino
Executive Officer
California Solid Waste Management Board
Room 1335, Resources Building
1416 Ninth Street
Sacramento, Ca 3581k
Mr. Stuart R. Shaffer
Comprehensive Planning Organization of the San Diego Region
Suite 52**, Security Pacific Plaza
1200 Third Avenue
San Diego, Ca 92101
Professor Nicholas L. White
School of Law
Indiana University
Bloomington, Ind 47401
XI I
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Chapter I
INTRODUCTION AND METHODOLOGY
1.1 Legislative Authority for the Mission of the 208 Planner
Section 208 of the Federal Water Pollution Control Act Amendments
of 1972, subsection (b)(l), provides for "a continuing areawide waste
treatment management planning process consistent with section 201 of this
act." (1-1).* Subsections (b) (2), (j) and (K) provide that such a planning
process shall include:
a process to control disposition of all residual waste generated
in such areas which could affect water quality; and a process to
control the disposal of pollutants on land or in subsurface exca-
vations within such area to protect ground and surface water
quality.
A review of the Legislative History (1-2) of Section 208 (which was Section
209 of the original, pre-conference Senate Bill) provides some insights as
to the range of activities to be included in the residual waste treatment
plan.
The legislative history makes clear at numerous places that Section
208 applies to all nonpoint sources. It mentions the need to control al1
wastes (page 187), all residual wastes that could affect water quality
(page 300) and ..."all residual waste generated in the area" (page 1455).
In the development of guidance materials for use by Section 208
Planners, residual wastes are defined by the EPA to include:
"Solid, liquid or sludge substances from man's activities
in the urban, agricultural, industrial and mining environ-
ment not discharged to water after collection and necessary
treatment."
These wastes include, but are not limited to: sludges
resulting from water and domestic wastewater treatment,
industrial sludges, utility plant sludges, and mining
sludges; solids resulting from industrial and agricul-
tural process waste materials and from non-process
industrial and commercial wastes (e.g., demolition
wastes, mine tailings, incinerator residues, dredge
spoil, and agricultural waste like crop residues, feed-
lot wastes and pesticide containers); and liquids result-
ing from industrial side streams and from agricultural
processes.
("References are provided at the end of each Chapter)
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1.2 Interaction with Existing Waste Management Agencies
Subsections 208(b)(2), (J) and («), while they are important, will
represent only a fraction of the total energy to be expended by each 208
planning agency. The severity of the residual waste problem (as it impacts
water quality) will be different in the various areas, and the types of
residual wastes contributing to water quality degradation will also
vary, depending upon the powers vested in existing waste management in-
stitutions to control these sources of water pollution.
It is anticipated that the planners will seek and obtain assistance
from existing waste-management agencies in gathering and analyzing data
that describe problems and in the development of alternative areawide
management practices. Existing management agencies should be particularly
helpful in defining the additional legislative and regulatory measures
needed to implement changes in management practices or institutional
arrangements for areawide conservation or disposal of residual wastes.
An overall approach to development of a plan is presented in "Guidelines
for Areawide Waste Treatment Management Planning" published for use by
Section 208 Planners. (1-3)
The approach taken in the development of this guide has been to try
to anticipate the type of technical and institutuional solutions that the
planner will structure in bringing the residual waste problem under control
and then to describe the different kinds of legislative support that might be
utilized to make this solution workable.
In each of the 208 planning areas, the general aims of the residual
waste management portion of the plan is to:
(a) Eliminate promiscuous, illegal or accidental dumping
of wastes;
(b) Prevent surface and groundwater contamination from
existing and planned land disposal operations;
(c) Develop the most economical disposal plans, whether this
be spreading, burying, or incineration to reduce bulk prior
to ultimate disposal;
(d) Obtain assurance that disposal sites will be free from odors,
fires, vectors, explosions and danger to employees and the
public at large;
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(e) Assist in finding beneficial uses for the specific residuals
mentioned in Section 1.1, above, or assist the generators of
such waste loads in developing legally and socially acceptable
disposal procedures that will minimize or eliminate the impact
of these materials on water quality;
(f) Promote resource conservation to reduce the amount of
waste going to land fills;
(g) Provide record keeping and collection data on the types and
quantities of wastes being disposed of upon the land
so that correlation may be made with water quality
monitoring data, for use in subsequent planning activities;
(h) Promote awareness in the private and industrial sectors
of the problems associated with residual waste disposal, so
that the need for source reduction and resource conser-
vation is fully appreciated.
(i) Define institutional arrangements relating charges for
residual waste disposal to those receiving the benefits of
the services provided by the areawide plan;
(j) Reduce litter and causes of groundwater and surface water contamin-
ation by implementing controls at the source of the pollution
causing material.
The emphasis in addressing these problems is to be placed on implementing
to the extent possible, nonstructural solutions, and utilizing existing
institutions to perform waste management functions.
1.3 Strategies Available to the Waste Management Planner
There are a limited number of options open to society in dealing with
the problem of residual wastes, and some of these may be beyond the power
of even an area-wide waste management agency to employ. The three basic
strategies are:
(a) Waste reduction, by extending the life of products and
reducing the packaging materials used in moving these
products. Buying tires with longer life, building auto-
mobiles that last 25 years instead of 10, and reuseable
food and beverage containers are examples of this strategy.
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(b) Resource conservation, by reclaiming and recycling materials
that would otherwise become waste. A start has, of course,
be made in many areas, such as salvaging the metal, glass
and paper fraction for use in making new products, and
shredding wood wastes to make newspaper pulp. A number of
experimental programs are underway to produce oil (via
the pyrolitic process) or electrical energy from steam plants
converted to burn the low energy solid waste produced by
most municipalities. Any beneficial use made of materials
that would otherwise constitute a disposal problem, could
be considered reclamation of a resource.
(c) Environmentally safe disposal of materials for which there
is no other use, within the present bounds of technological
and economic constraints.
Unfortunately, the third strategy will be the one most heavily employed,
until such time as the scarcity of energy and other raw materials tips the
economic scale in favor of the first two. The laws and regulations col-
lected and presented here, attempt to utilize and encourage reduction of
waste, and resource conservation, but emphasis must clearly be placed upon
environmentally safe disposal,both as an interim solution to present
problems and for the management of that increment of residual waste (ashes,
filter cake, etc.) remaining after efforts at reclamation have been
exhausted.
1. k Organization of Legislative Materials
Legislation dealing with some sets of environmental problems can be
packaged neatly into a code section entitled, "Solid Waste Management Act,"
the "Resource Recovery Act" or "The Water Quality Control Act." All or part
of such legislation probably exists in your state. It may be unrealistic
to expect to find a sponsor for a new bill entitled "The Residual Waste
Management and Resource Conservation Act," and have this apply to all wastes
deposited on land or in subsurface excavations and which may have an
adverse impact on ground or surface water quality. For this reason, passage of a
new model law dealing solely with residual wastes may not be feasible. The prin-
cipal product of this research is a description of those problems with which
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the areawide wastes management planner is faced, along with samples of
legislation that other regions have found effective in coping with these
problems. The suggested legislative and regulatory materials are presented
for use on either a piece-meal basis or for adoption as a comprehensive resi-
dual waste management model law in those jurisdictions that have not already
enacted residual waste management legislation.
1.5 Use of Existing Waste Management Legislation
A starting place for this research was provided by the model acts
prepared by the Council of State Governments (1-4), and the National
Association of Counties Research Foundation (1-5). These models have already
achieved a significant level of recognition, and should be utilized wherever
it is practicable to do so. The existing Models are supplemented by para-
graphs taken from statutes and regulations of the 12 states surveyed during
the course of this study. The rationale for inclusion of specific paragraphs
from laws of selected states is presented in Chapter V.
The planner is encouraged to familiarize himself with legislation in his
jurisdiction. The primary objective of this document is to provide the pieces
of legislation that may be needed to fill gaps that may exist in those laws
already available in each state.
Where a provision of an existing Model Act appears to satisfy the need
for legislation identified here, use has been made of such a provision
and it is identified in Chapter IV as "Model". It is hoped that this deference
to existing Models will help to stem the proliferation of overlapping materials
and perhaps simplify the task of the planner.
1.6 Use That is Expected to be Made of This Handbook
The surest way to prevent residuals from causing water quality problems
is to prevent, or to reduce the extent of, their disposal or dispersion on
land or in subsurface excavations in the first place (by employing strate-
gies "a" and "b" as discussed in Section 1.3). To assure that the residual
waste fraction, which cannot be reused or recycled, is disposed of in accor-
dance with an environmentally safe and socially acceptable procedure, the
simplest possible system of laws and regulations providing the necessary
permits, licenses, inspections and specific proscriptions, must be avail-
able for guidance of the waste management agencies.
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The planner, after devising an approach to ameliorate each of the
major residual waste disposal problems that he has identified, must
determine whether or not the plan can be implemented within the framework
of existing laws. In some instances a combination of laws and regulations,
vigorously enforced, will provide the areawide planner with a non-structural
solution, or a "Best Management Practice" for one of the pollution sources
that must be abated in a given area.
An example might be the use of ecological zoning (to limit con-
struction on steep slopes and flood plains), building codes (to require
anti-si1 tat ion measures during and after construction) and a strong
anti-litter law, all of which may be combined to reduce the total pollution
burden from urban runoff to an acceptable level. To implement other manage-
ment practices,the planner must often establish the existence or non-existence
of a particular type of enabling or enforcement provision, without which
a proposed solution may be unworkable.
The problem oriented approach adopted for presentation of "model"
legislation in this report is designed to assist the planner to:
(a) Understand the type of regulatory provisions proved
useful in other jurisdictions;
(b) Locate such law or regulation, which may already be in force
in his own jurisdiction;
(c) Locate the legislative or regulatory body (city, county, state)
that would sponsor, enact or promulgate the needed authority,
and finally,
(d) Make a comparison of samples of statutory or regulatory
language that has proven to be effective in some other
jurisdiction, with the law that is available in his 208
planning area.
It is anticipated that areawide planners will have access to legal
counsel and that use will be made of these services. Many elements of the
model legislation presented in this report must be adapted to fit existing
regulatory agencies and waste management institutions, and professional
personnel from the financing and legal offices in your area should be
consulted for assistance in these tasks.
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1.7 Research Methodology
The first step was to define some of the more frequently mentioned
problems that the prospective Section 208 Planners have discussed in the
residual waste elements of their proposed plans. From this list, a set of
problems was selected that could be resolved, or at least ameliorated,
by legislative authority, from any level of government. This was
accomplished by:
(a) On site interviews with four of the EPA Regional 208
Planning Directors.
(b) A review of the preliminary work plans from 19 EPA
Regions to determine the type of problems that area-
wide planning would encompass.
(c) Interviews with State and regional planners and
waste management operational staffs.
(d) A search of the open literature.
(e) A review was made of 5^ pieces of model and cur-
rently enacted legislation at the Federal, State,
county and city levels, each of which was designed
to help solve specific waste management and water
quali ty problems.
The product of step one is the description of specific needs (in
Chapter 3) related to an areawide planner's waste management problems.
These descriptions indicated the type of legislation that should be
available for the successful implementation of an areawide waste treat-
ment plan. Persons interviewed during this first phase of the project
are mentioned in the Acknowledgement Section of this report.
The second and third steps (which were accomplished concurrently),
required the construction of a list of states, counties and regions that
had developed comprehensive statutes or ordinances dealing with some part
of the total problem of residual waste. This was done with the assistance
1-7
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of the EPA Project Officer, the EPA Regional 208 Directors and references
to exemplary waste management laws found in the literature. Most of these
are Water Quality and Solid Waste Management Laws.
As the list of jurisdictions with noteworthy laws was produced,
contact was made by telephone with the State and local officials concerned,
and copies of their current laws and regulations were obtained.
Upon completion of steps 2 and 3, documentation had been accumulated
on the laws and regulations of the twelve sample states used to
provide an integrated piece of legislation for the control of residual
waste that may have an adverse affect on water quality. The 12 states
selected are:
Alabama Illinois Oklahoma
California Minnesota Oregon
Col. ado New Jersey Pennsylvania
Connecticut New York Washington
In Step **, the study team interviewed by telephone an official in
each of the jurisdictions listed, to obtain background information
regarding the size and scope of the regulatory activities, and the views
of these officials with respect to the efficacy of the law under which
they were operating. The laws of each state were reviewed and, in
preparation for each interview, the salient characteristics of the laws of
each of these jurisdictions were noted on a separate work sheet. The
study team noted that many of the same problems are legislated upon at
several levels of government and at this point Exhibit 1 was developed
to indicate the various levels of government at which a law might be
found.
In Step 5, the work sheet notes regarding the intent of the
various laws were posted to the matrix shown on Exhibit 2, indicating
which jurisdictions had a law or regulation identified as dealing with
one of the problem areas that emerged from the first step.
It is reiterated here for emphasis that neither the matrix, nor
any other statement made in this report is intended, nor can it be
interpreted as a ranking of the effectiveness of the residual waste laws
1-8
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in the jurisdictions included in our sample. This is so for many reasons,
three of which are worth noting: first, all of these jurisdictions were
selected because they have been cited for a forward looking program;
second, some jurisdictions may not have a problem or the State may have
such an effective non-legislative solution to deal with it, that they
don't now need a law, and third, the State may have a piece of legislation
in its Health Code, Governmental Code, Administrative Procedures Act,
Code of Civil Procedure, or even the Evidence Code, that deals with the
problem without respect to the agency that needs such authority, e.g.,
it is available to all departments of the government.
The scope and duration of this project did not contemplate a
comprehensive search of all the codes and regulations of all
jurisdictions in the sample, and the basic requirement was satisfied
when a law or regulation dealing with the specific residual waste problem
was found in the water quality, solid waste or resource recovery acts.
Other codes were searched for only a few states.
In Step 6, notice was taken of the fact that a number of juris-
dictions (and the model law) each dealt with the same problem, and
here the researchers made a value judgment and selected the section that
was reported to be effective by the State agency and was sufficiently
descriptive to be understood by the widest range of potential users. The
rule stated earlier, RE: preference shown to established MODELS, was
followed, and if the language in the model statute was adequate, that
it is the only language recommended in this report. Where the
recognized models are silent, or an enactment found in another jurisdiction
appears to be a worthwhile supplement to the model, or is clearly superior,
the supplemental section is included as an alternative. A citation to the
originating jurisdiction is provided for each Section or Paragraph in the
"Model Legislation", Section ^ of this report.
In Step 7 the study team modified an existing law or regulation,
or prepared a new section dealing with the specific residual waste
problems identified in Step One. These sections are integrated into the
model Residual Waste Management Act presented in Section A.
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1.8 Relating the Problem to Available Legislative Solutions
Starting with the premise that if there were no residual waste pro-
blems to be controlled, there would be no need for waste management laws
or regulations, an examination was made of each section or paragraph of
the existing laws in selected states to determine the problem each was
designed to avert or control. This analysis, which is presented in
Chapter III, provides several benefits: first, it enables the planner
to better appreciate the meaning, intent and the limits to the usefulness
of each of the legislative or regulatory provisions commonly used, and
second, the inclusion of alternative statutory language offers the
planner an opportunity to suggest integrated solutions to several pro-
blems which could be abated by the same set of legislative or regulatory
provis ions.
Section 3-1 presents an analysis of the more or less standard legis-
lative provisions in most laws. These are made a part of the Model
presented in Chapter IV in the interest of providing a comprehensive Residual
Waste Management Act. Section 3-2 presents a description of some of the
recurring, waste-related water quality problems appearing in the 208
Planning Grant Applications, along with recommendations regarding the legis-
lative or regulatory provisions which are included in the Chapter IV Model
Law. Section 3-3 describes some of the problems associated with conserva-
tion through the recycling of waste materials.
Chapter V presents criteria used in selecting sections from
State laws for use in the Model. Four appendices are provided at the
end of this report. Appendix "A" is a compilation of Definitions used
by the 12 States in their waste management laws; Appendix "B" is the
complete text of the Minnesota, multi-county Metropolitan Solid Waste
Disposal Act. This is presented as a model regional waste management
act and is an appendix because it does not fit logically into the Chapter
IV Model law.
Appendix "C" is the patterned interview format used as a check
list in the discussions of waste management laws with State officials.
Appendix "D" is a list of Federal Laws £ Regulations that pertain to water
quality aspects of residual waste.
1-10
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REFERENCES - CHAPTER I
(1-1) Public Law 92-500 Federal Water Pollution Control Act, Amend-
ments of 1972.
(1-2) "A Legislative History of the Water Pollution Control Act
Amendments of 1972,"Reported by the Environmental Policy
Division of the Congressional Research Service of the
Library of Congress, Vol. 1, Jan. 1973, Serial No. 93-1.
(1-3) "Guidelines for Areawide Waste Treatment Management
Planningj' U.S. Environment Protection Agency, Aug. 1975.
(1-4) "1973 Suggested State Legislation - State Solid Waste
Management and Resource Recovery Incentives Act,"
Council of State Governments, Lexington, Kentucky,
1974.
(1-5) "Suggested Solid Waste Management Ordinance for Local
Governments," by National Association of Counties
Research Foundation, Report No. EPA SW-83d, March
1-11
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CHAPTER I I
SUMMARY AND CONCLUSIONS
2.1 Objectives of this Research
The main thrust of this Handbook project was to develop descrip-
tions of the water quality problems associated with residual waste, and
to review the solid waste and water quality laws of twelve sample States
to find effective legislative or regulatory solutions that have been dev-
eloped and are presently in use. Information regarding specific problems
and the effectiveness of State regulating measures was obtained from waste
management, water quality and health officials of the sample States and
of the Federal government. After validating the list of residual waste
problems which are related to water quality, and the efficacy of the laws
and regulations in use, the Model Law (Chapter IV) was constructed using
provisions of the States' Acts.
2.2 Overview
A summary of the subject matter of this research is presented in two
exhibits. Exhibit 1 in Chapter III shows the classifications of the laws
that relate to residual waste and the level of government at which the
legislative enactment or rule making generally takes place. This exhibit
also indicates the level at which these Jaws are enforced. Exhibit 2 in
Chapter V shows the response of each of the sample States to the identified
need for either a law or a rule to assist in the management of residual wastes.
The principal recommendations resulting from this review of existing
residual waste management legislation are embodied in those sections that
are incorporated in Chapter IV, the Model Law. An outline of the Model is
provided at the beginning of the Chapter. A rationale for the inclusion of
each of the sections in the Model Law is presented in Chapter V.
2.3 Fi ndings
At least one State in the sample has a law or regulation dealing with
every one of the residual waste problems. A State section was used for
every subject area except for the control of transportation of hazardous
wastes. A new section was drafted to cover the transportation problem.
2-1
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In every other subject area, the provision(s) incorporated in the Model is
adapted from an existing law or regulation that is effective in one of the
States.
The greatest need for new legislation exists in these three areas:
programs of State and local incentives for resource conservation; specific
provision for permitting the use of sludge on land; wider recognition
of the benefits to the State from comprehensive, "water tight" control of
hazardous wastes.
The first of these problems is beyond the scope of this project.
The second and third a e discussed in Chapter III and Chapter V.
2.k Characteristics of State Laws
The more important characteristics of the laws and regulations of
the twelve States in the sample are displayed in Exhibit 2 in Chapter V.
The extent and the similarity of the response with which all of these states
have met the challenge of managing their residual waste problem is more
remarkable than the differences that appear. Each of the States has provided
a law for all of the standard or common problems of waste management.
Of significant interest to Section 208 Planners is the existence of
authority for areawide waste management planning. Each of the States in the
sample has some form of enabling legislation.
That the persons responsible for implementation of these laws have
the ability to improvise, and so to provide the comprehensiveness not supplied
by the legislation, was apparent from the interviews.
Every State but one has made provision for an advisory council, and
all but two have addressed the problems associated with closing the land
fill sites. California, Oklahoma, Oregon, Pennsylvania and Washington have
provided a definition of solid waste that embraces the definition of Residual
Waste currently used by the EPA. New York's definition of solid waste is
almost as broad as that formulated by the EPA for residual waste. The re-
maining States have provided exceptions that may prove to be important.
Eight of the twelve States DO INCLUDE sewage sludge in their definition of
solid waste, which is encouraging. A reason for the narrower definition may
2-2
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be that those parts of the total residual waste load which are not covered
under the Solid Waste Acts, are controlled and defined by a number of other
agencies of the State; e.g., Departments of Agriculture, Mines or Health.
A number of subject areas are not covered in the solid waste or
water resource law of some States in the sample. It is possible that a
regulation is in existence under one of the laws of that State which was
not included in this review.
2.5 Provisions for Hazardous and Toxic Wastes
The substantive area in which the greatest disparity was found is
the differences in approach that were used in classifying the wastes which
can be safely disposed in an ordinary site versus impervious bottom
landfill sites. All of the States in the sample, except Colorado, Connecticut,
New York and Washington, have a regulation that differentiates between
ordinary (inert) wastes, and special (either oily, hazardous or toxic) wastes
that must be given special handling. In the four States where no spe-
cific regulation of special wastes was found, interviews with State offi-
cials indicated that the special (hazardous, etc.) wastes are treated on
a case by case basis. Many States are without adequate "safe sites" and
must rely on out-of-state disposal or temporary storage as their only solu-
tion to the hazardous waste problem.
The problem of hazardous and toxic wastes was presented in depth
in a 1972 study by the National Association of Counties (2-1) and the solu-
tions suggested therein are discussed in Chapters III and V of this report.
From the standpoint of a Model Residual Waste Management Act, a set of
nationally accepted definitions would be very useful. California has
developed definitions for four categories of wastes and three classes of
landfill sites. These are presented in Chapter IV and discussed in Chapter
V as part of the recommended Model Legislation. These definitions could
be used as a point of departure for a set of State EPA definitions
which might include:
• Ordinary wastes - inert, non-toxic, (will have no
effect or negligible effect on water quality)
• Special wastes - oily, putrescible, (will have minor
effects on water quality)
2-3
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• Hazardous wastes, (will have a significant effect
on water resources)
• Extremely hazardous wastes, (has potential for cala-
matious or irreversible effect on water quality)
For each of these categories standard handling and disposal procedures could
be worked out among the several States.
REFERENCE
(2-1) "Basic Issues on Solid Waste Management Affecting County Govern-
ment," National Association of Counties under EPA Grant #S-80229^,
May, 1973-
2-4
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CHAPTER I I I
PROBLEMS ADDRESSED BY THE MODEL RESIDUAL WASTE MANAGEMENT ACT
3.1 Essential Elements of a Legislative Enactment
Using the premise stated in Section 1.8, that if there were no
problems to solve by legislation, there would be no need for laws, an
attempt is made here to present the rationale for each of the sections
included in the proposed Model Residual Waste Management Act. Many
sections have a very legalistic basis for their existence, and other
sections relate to specific residual waste problems, which are described in
various 208 planning grant applications. This Section (3-1) deals with
the legally, or customarily, required elements of u law. Section 3-2 deals
with the need for specific solutions to waste management regulatory problems,
and Section 3-3 deals with the need for legislation to encourage resource
conservat ion.
3.1.1 Planners Role in Preparing Legislation
It is expected that many 208 planners will participate in the tech-
nical aspects of proposed statutes, regulations or ordinances (or revisions
thereto) in the course of developing a viable waste management plan. It is
hoped that this method of presenting the rationale for the model will provide
some insight into the necessity for the type of formal language used
by writers of laws and regulations. While the planners and the
professional staff of the waste management operating entities will be
called upon to contribute information for new legislat ion,the assistance of
legal counsel should be obtained in preparing drafts for enactment by a
legislative body.
3.1.2 Relationship between Statutes, Ordinances and Regulations
A statute is a law which is a legislative enactment of a Sovereign
State, or the United States. This includes the Federal Government and each
of the Several States. An ordinance is a law and is the legislative enact-
ment of a municipality, either a county or a chartered (home rule) city,
which is empowered by the state to legislate in specified subject areas. The
statutes are enacted by the U. S. Congress or State Legislatures and
ordinances are passed by Boards of Freeholders, Boards of Supervisors, City
Councils, and, in some instances, by the Governing Board of Special Districts.
Rules and regulations are promulgated, after notice and hearings, by
3-1
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administrative agencies, in accordance with guidelines established by an
appropriate legislative body.
The rules and regulations may cover only the subject matter specified
in the enabling legislation which delegated rule making authority to the
agency.
Regulations promulgated by an authorized agency have the same force
and effect as a law passed by the legislative body delegating the rule
making power to the agency. The subject matter of the regulations, usually
the how, when and where aspects of the overall regulatory scheme that is
authorized in the enabling legislation, may be made an integral part of
the law in some states. At the municipal level it is not unusual to
find that the regulations have been passed or enacted by the Board of
Freeholders, Supervisors or Council, and are, in fact, part of an ordinance.
3.1.3 Choice Between New Law and Regulation
A regulation can be revised (with Notice) to reflect, new experience
much more easily than a statute or an ordinance, and the regulations
are written by persons with technical expertise in the residual waste field.
These are the principal reasons that this type of legislative authority is
delegated in the first place.
The thrust of the search for applicable effective legislation did not
permit the research team to discriminate against a useful provision because
it was "only a regulation," for, in fact, other states have similar pro-
visions that are part of the statutes.
If the planner, or areawide waste management activity, finds that the
legislature has passed an enactment under which an existing agency of the
state is empowered to make the regulation or rule required to implement
the plan, interaction with this State Agency will probably produce
the needed authority. A regulation is to be preferred over a statute
because of the initial ease of passage and the greater freedom that the
technical experts have to modify the rule, if required.
3-2
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3-1.^ Governmental Levels at Which the Law and Regulations
Are Enacted and Enforced
Before the planner seeks a new law or regulation, he must be satis-
fied that the act or regulation that he needs does not already exist.
States have adopted a variety of control strategies, and the required authority
may be set forth in the water quality acts, solid waste acts, public health
acts, or environmental protection acts, to name just a few. In some juris-
dictions the required authority exists because a court found it to be
implicit in another act. In some jurisdictions, expressed limitations on
dumping that are contained in a solid waste act are not even used because
the regulatory authority granted in the water quality or public health acts
provide a more effective method of controlling promiscuous dumping.
The combination of enactment/enforcement powers that are exercised
at the state and county levels only, or at the municipal level (whether it be a city
°r a city/county), are shown in Exhibit 1. This will provide the planner
with some insight as to where he may look for an existing law. The planner
may obtain additional assistance from the offices of the City Attorney, the
County Attorney and the State Attorney General.
3-1.5 Problems Addressed by the Standard Sections of Environmental
Management Laws
The following provisions are most often found in legislative enact-
ments (statutes and ordinances), as opposed to regulations, but the problems
faced by the legislators are often present when a regulation is being prepared.
3.1.5.1 Pol icy Declarations
The declaration of policy, which is usually the opening paragraph
of a law, serves several important purposes. It provides the courts and
the citizens of a community with the official public policy, as announced
by the legislative body of that community, regarding this particular pro-
blem. When interpreting this law the courts can be expected to apply a time
honored (3-1) practice of searching for the meaning that advances the policy stated
by the legislature. The policy statement also establishes a constitutional right
to legislate on this subject. The most common basis for legislative action
3-3
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is the exercise of the states' police power (power to protect the health,
safety and welfare of the citizenry) and its power to levy taxes to raise
revenue. While a court of law may find that an enactment does, or does not,
meet this constitutional requirement, irrespective of the policy or stated
purpose of the legislation, it has become customary for legislatures to
state that the purpose of this law is to "protect the public safety, health
and welfare" of the citizens, i.e., it is an exercise of the police power of
the State.
3.1.5.2 Definitions Used in the Laws
There are two problems which legislative bodies attempt to avoid by
providing adequate definitions of their terms; the first is the consti-
tutional prohibition against "vagueness" (3~2) and "overbreadth" (3-3),
and the second involves the propensity of the courts to utilize the ordinary
lay definition of technical words and phrases unless the law makers
have made it clear that the terms in the law are to be interpreted in their
special, technical sense, as shown in the definitions section.
The constitutional problems involving vagueness come to the forefront
when the court is asked to enforce a penal section which an ordinary citizen
(in the opinion of the court) would have difficulty understanding. The over-
breadth problem is encountered when a law prohibits conduct beyond that
which is necessary to achieve the stated purpose of the enactment. The
most serious cases usually involve the infringement of a constitutionally
protected right, such as the right of Free Speech. An example of a finding
that a law is unconstitutional for "Overbreadth," is found in some Litter
Control Ordinances. (3-4) (3~5).
A wide variety of definitions are used in the laws of the 12 states
reviewed and the basis of these differences are not always apparent. To
provide the planner with the widest choice of terminology, the definitions
from all of the laws are alphabetized and presented in Appendix A of this
report.
3.1.5-3 Authority ••
This heading is used to designate a group with the primary respons-
ibility for developing the residual waste management plan. This group is
"Sections 3.1.5-2 through 3.1-5-12 are summarized from Sections 6 to 17 of
"Suggested Solid Waste Management Ordinance for Local Government."
-------
necessary to coordinate residual waste efforts on an areawide basis, and,
because of the special expertise required, a legislative body can feel
free to delegate authority which it could itself, constitutionally exercise.
3.1.5.^ Enforcement Agency (For State or Local Laws)
This section is used to delegate authority and responsibility for
insuring compliance with the waste regulations and laws. Enforcement could
be the responsibility of a group concerned solely with residual waste or a
group enforcing all environmental laws. But the problem to be resolved,
regardless of who enforces, is one of ensuring that someone does have a
clear delegation of authority to enforce the law.
To delineate the duties and authority of the group given primary
responsibility for administration of a waste management ordinance, this
section specifically outlines this authority and responsibility. Much local
authority must be exercised with the approval of, or in conformity with, state
authority. Powers and duties of the agency should be delineated to avoid
confusion as to what the agency can and must do, and to prevent overlap with the
authority of other agencies. This section may describe in detail the powers
and duties of the Administrative Department. This must be done in cooperation
with the Enforcement Agency and an Advisory Board; the plan must be
compatible with the State Plan and submitted to the State for its comment
and approval.
3.1.5.5 Define Planning Functions
The legislative body, when it delegates some of its own authority, is
expected to provide guidelines within which the delegated authority is to be
exercised. The legislative enactment must, therefore, specify what the Manage-
ment plan will show. All present management activities and recommended acti-
vities for future use must be taken into consideration; i.e., population growth,
waste generation, land development regulation system, management aspects such as
organization, financing and regulatory capabilities, and qualitative and
quantitative increases in the residual wastes expected to be generated from
residential, commercial, industrial and agricultural sources.
3.1.5.6 Rule Making Authority
Specific language is required to provide to the agency responsible for
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administration of residual waste plans and ordinances the authority to
regulate and make necessary rules. The California Government Code, Chapter
4.5, Rules and Regulations, §11272 and 11374, are typical of state laws that
limit agency powers to those specifically conferred by a statute.
3.1.5.7 Powers and Duties of Agency
The State constitution and enabling laws of State legislatures must
be taken into account in defining the duties of either a state or municipal
agency. The requirements or minimum standards set forth in Federal or State
laws may preempt a lower echelon body from acting at al1, or may require that
the standard established be equal to or higher than the standards incorporated
in the Federal or other State law. The purposes of the "Powers & Duties"
Clause are as follows:
(a) To specify how the responsible agency must conduct contract
negotiations before committing to a contractor for collection,
disposal, etc. Here the agency is after legal and policy
approval of contracts, as well as guidance on contents of
contracts.
All contracts shall meet the following requirements: be
with consent of local legislative body; prior approval by
Chief Legal Officer; be for not less than "X" years and
not more than "Y" years; meet all insurance requirements
of ordinances, and be awarded to lowest qualified bidder.
(b) To give the agency responsible for overall waste management,
an ability to create local authorities for dealing directly
with the management of residual waste. The more localized
the implementing authority is, the closer the problems
can be analyzed and worked.
The director may be authorized to create one or more waste
management districts within the boundaries of this locality
to provide for efficient and economical disposal.
(c) To determine the most economical number of contractors to
serve a given locality and to issue permits to qualified
contractors in the numbers desired. This prevents
duplicative or uneconomical arrangements.
The director shall determine number of contractors needed
to serve each locality and issue permits to qualified
contractors.
(d) To allow competitive interaction and negotiation between
private contractors and their customers.
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The director shall not set any service charge for non-
residential waste management by private contractors.
(e) To develop a means of controlling disposal from in-
dustrial, commercial and agricultural generators and to
develop information on wastes while allowing industry to
develop their own waste management program.
To issue permits for storage, transport, processing and
disposal of wastes by the generator thereof. The director
shall prepare application forms for all such permits, re-
quiring information on name and address of applicant.
(f) To insure that al.l wastes are collected by the contractors
or agency collecting in the area so that no collectible
wastes are disposed of in an unapproved manner. The
permit reference may allow private industry to develop its
own waste disposal plan.
All generators of wastes other than those operating
under an approved permit shall use the services of the
local government or contractor for the district in which
such waste is generated.
(g) To provide enforcement tools to the agency, it is usually
permitted to issue citations. In all actions involving
permit holders .. the enforcement agency shall cite the
violator to appear before the Administrative Department ..
provided
In all instances ... where inspection reveals
violations of the laws of the state, ordinances of the
localityT^or rules and regulations established by the
enforcement agency or when the enforcement agency is
aware of such violations, the violator shall be cited to
appear in the Superior (Supreme or Municipal) Court at
a date and time shown on the citation.
3.1.5.8 Permit Issuance Authority
The permit is the most basic and pervasive element of a regulatory
scheme. The applicant is required, as a condition of issuance for the permit,
to agree to comply with all laws, rules and regulations and to maintain
certain records and to allow inspection at reasonable times (e.g. during
regular business hours) of the facility and records that are required to be
maintained.
Enforcement of the law is made possible by this right of inspection
and made economically feasible by the summary procedures provided
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for revocation of the permits. Note that unless there is an immediate threat
to the public health, the permit revocation procedure does call for meeting
"due process" requirements, e.g.: Notice and opportunity to be heard. This
is discussed under the "Notice and Hearings" heading, infra.
Permits also provide the basis for collecting fees that defray
the cost of necessary inspection and other compliance measures. Other uses
include the collection of information regarding composition, quantities and
place of disposition of wastes, and when private waste disposal companies are
relied upon to collect residential refuse, the permits control unnecessary
overlap of franchisee routes.
3.1.5.9 Notice, Hearings, and Judicial Review
The due process clause of the fifth amendment to the U. S. Consti-
tution, as it has been interpreted by the Courts, requires that parties
affected by an administrative action (which includes both the rule making
and enforcement functions), is entitled to "notice and an opportunity to
be heard." The manner in which the due process requirement is met varies
from state to state. The procedure to be followed in giving notice to
affected parties, providing for an administrative hearing and an appeal to
the courts, is sometimes set forth in each statute or regulation that affects
members of the general public. Some states have codified the notice, hearing
and review procedure in their Administrative Procedures Act.
3.1.5.10 Injunctions to Abate any Threat to Public Health
A need often exists to obtain speedy relief from an unsanitary dis-
posal operation, and many regulatory laws permit the regulatory agency,
after it has requested abatement of the nuisance, to apply to the court for
a Temporary Restraining Order (TRO), pending issuance of a permanent injunction.
Because an injunction is a request for EQUITABLE RELIEF, most states require
the petitioner for an injunction to show that the damage being caused by the
offender is irreparable, and that the petitioner has no adequate remedy at law.
California, at least, has made provision for waiving the usual equitable
requirements for a showing of irreparable harm and inadequateness of the legal
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remedy, and permits issuance of a Summary TRO that satisfies the need for
truly speedy relief where an offender is endangering water quality. (3~6)
The provision for a Summary TRO can only be made by the State Legis-
lature. Typical language used by a municipality is:
"Injunction - in all cases where a violation .... creates an
immediate threat to safety, health and welfare or environment.
The Agency shall cite the violator ... and order correction to
begin forthwith. If such corrective measures are not taken
The Enforcement Agency shall notify the Chief Legal Officer
who shall immediately apply to "X" court for an injunction."
3.1.5.11 Advisory Boards
Advisory Boards are used to bring a broader range of abilities and
interests to the permit and regulation process. This fosters public interest
and participation and brings the non-bureaucratic view into decisions affecting
the area. A typical legislative provision for such a board would include the
fo11ow i n g:
Appointment ... by majority or local legislative body ...
Terms .... four years with staggered initial terms
Organization and meetings
Duties ... shall advise in preparation of a Waste Management
Plan ... may review permit applications and recommend revisions ...
Shall attend all hearings on rules and regulations ... and may
make recommendations to the Director. Shall attend hearings on
rates, ...
May attend hearings on complaints ...
3.1.5.12 Establishment of Title to Residual Wastes
A problem may develop where scavengers collect segregated wastes, such
as paper, glass or metals that were put out for collection by an authorized
materials reclamation contractor, perhaps under a franchise from local govern-
ment. Under common law principles, the materials placed outside of the
property controlled by the property owner, e.g. at the curb, are considered to
be abandoned by the previous owner. In the absence of law that indicates
the point at which title changes, and prohibits the gathering of wastes
by other than franchised collectors, the intent of a 'city or region-wide
reclamation project may be thwarted by persons that would collect the material
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for sale in the open market. A sample statement might read:
Title to Waste - In absence of agreement to the contrary, title to
all wastes shall rest in the owner of each management activity
or facility in which waste is placed.
3.1.5.13 Need for Public Participation and Public Education
Regarding Residual Waste Facilities Requirements and
the Public's Role in Reducing Waste Burdens
In addition to public hearings on specific regulatory actions and
public participation on an advisory board, both of which involve a small
fraction of the population, the planning decisions should reflect the mood of
the citizenry that may ultimately vote on the bond issues required to bring
the plan to fruition. The legislative action required will come from the local
government and may be in the form of an allocation of funds along with
specific guidance regarding ways and means of communicating the plan to the
public. Specific statutory language is lacking in this field, but the elements
of the required program are contained in the EPA publication, "Developing a
Local and Regional Residual Waste Management Plan." (3-7)
3.1.5.1^ Statutory Provision for Area Wide Waste
Management Faci1i ties
The frequently encountered desire of municipalities to guard the
prerogatives of "Home Rule" and the State's occasional reluctance to finance
inter-county facilities, come into direct conflict with the statewide shortages
of land disposal sites and the economic fact that many approaches to resource
reclamation require large volumes of waste to operate efficiently.
The optimum legislative solution appears to be a combination of inter-
municipal agreements along with State legislation that mandates the development
of area wide residual waste planning. (3-8)
A number of States have recently legislated on this issue, including
California (3-9), Colorado (3-10), Connecticut (3-11), and Oklahoma (3-12).
For a complete description of the range of optional governmental arrangements
for cooperative waste management facilities, see EPA Report SW-^7~ts, "Inter-
Governmental Approaches to Solid Waste Management-(3-13)
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3-1-5-15 Bonds and Insurance Provisions
Private contractors engaged in hauling or disposal operations can
be expected to insure against the risks that are inherent in their business
operation and to post a bond insuring that they will faithfully perform the
services for which they have contracted.
Performance bonds are usually required by State law to protect the
governing body in the event a contractor defaults. Each performance bond
will have a time limit set out in which a claim must be reported to the insur-
ance company. Failure to notify the company in that time will void the policy.
All insurance policies should be reviewed periodically so that the rights
of the locality can be protected.
This section could be expanded to require a performance bond of all
permit holders who discontinue their activities before the expiration date
of the permit, assuring continuance of the activities covered thereby. (3~1^)
Considering the continuing liability of persons who use their land
for disposal of wastes, a bond may also be required as a condition of a permit
that will serve to assure the indemnification of anyone who is damaged as a
result of the waste disposal operation. Such a bond may be required to
guarantee clean-up or provision of an alternate water supply in the event
the land fill later leaches deleterious materials.
3.1.5.16 Need for Technical Clauses Dealing with Repeal,
Saving and Severability
3.1.5.16.1 Repealers. This section is used when a new law super-
sedes sections of an existing law. This is in effect an amendment to existing
laws and should be accorded the same care in construction as any other amend-
ment to a law. In some statutes there is occasionally used an "Omnibus
Repealer," which states that "Any provision of an existing law which is in
conflict with this provision is hereby repealed." An express repealer clause
is not needed if, in fact, no preexisting law is affected. If other laws are
to be repealed, they should be clearly delineated as to chapter, sub-chapter
and section. If your new statute is not reconcilable with an earlier enact-
ment, the courts will find that the earlier one was impliedly repealed by the
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3.1.5.16.2 Savings Clause. This is ordinarily a part of the re-
pealing provision, and it is intended to "save" rights, pending proceedings,
penalties, etc., from possible annihilation which could result from the un-
restricted repeal of the previous statute. State v. St. Louis, 174 Mo 125.
This means that if the City Attorney or District Attorney is in the process
of prosecuting a landfill operator for violation of an ordinance or statute,
and a new law is passed that does not specifically "save" such actions commenced
under the old law, all of the prosecutor's work will have been lost; he must
then begin again under the new law. This would be true even if the new law
provided similar penalties for the offense being prosecuted under the old
law. Davis v. General Motors Acceptance Corporation, 176 Neb. 865 (1964).
3.1.5.16.3 Severabi1ity Clause. This is also referred to as
"separability," and is used to express the intent of the legislative body;
if one or more sections of the enactment are found to be void by a court, then
the other provisions of the law shall remain in force. Such provisions are
of questionable value for several reasons:
(a) If a court finds that a provision is inseverable, the entire act
will be struck down, the severability clause notwithstanding.
The U.S. Supreme Court took such action in Williams v. Standard
Oil Co. , 278 U.S. 235 (1929).
(b) If a court heeded such a request by the legislature in every
instance, it is possible (but not probable) that the only
section of an enactment which would survive disection by the
court would be the repealer clause. This could lead to the
dissolution of all the law that this jurisdiction has on the
books dealing with waste management, (3~15)
(c) The courts can be expected to interpret or construe the enactment
in such a manner that minimum violence will be done to the part
which is salvageable and that part of the law will continue to
serve until the legislature passes a new bill.
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3.2 Problems Associated with Material Conservation and Disposal of Residual
Wastes
3.2.1 Land Disposal of Residual Wastes
3.2.1.1 Need For Control of Materials Going to a Landfill
Fire, explosion, generation of toxic gasses and dangerous levels of
radioactivity are hazards which can best be avoided by close control of the
nature of material being placed in the landfill and, for some materials,
control of the method of placement, and precise location of the materials
within the landfill. Such controls would include:
(a) Notification of possible problems by responsible parties at the
source of the wastes; waste generator should provide a descrip-
tion of the materials being deposited in landfills,.
(b) Knowledge of disposal problems by waste transporters; also
knowledge of the contents of each load and of reactions to
anticipate when incompatible materials are mixed, e.g. sodium
cyanate with waste acid.
(c) Knowledge on the part of the land disposal site operator of
hazards and problems; he should know how to perform certain
tests and have equipment to do so; he should be authorized to
turn away loads that are not acceptable and should keep track of
the location of flammable and other hazardous materials that could
affect water quality and that might also endanger the safety of
site operations personnel. Site operators should be trained to
cope with these emergencies and there should be a contingency
plan with the local disaster agency and/or fire department to
respond in the event of an explosion or conflagration.
Legislative authority having a bearing on the above could encompass:
(a) Identification of substances by source in a bill of lading.
(b) Licensing of waste transporters, including provision for train-
ing and testing of truck operators.
(c) Identification of substances at disposal area by bill of lading
from source.
(d) Licensing or permitting of land disposal areas to include train-
ing of personnel in the identification and proper handling of
wastes.
The authority should also include the ability on the part of the regu-
latory agency to obtain records on the source of industrial wastes, types,
volumes and the dates on which wastes were disposed into each disposal area.
This could be done routinely, as part of the permit or monitoring program.
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3.2.1.2 Pesticide Containers
Pesticide containers are a subject of special interest in many states,
such as California, which have a large articultural industry. The containers,
unless washed and rinsed, should be disposed of only at a toxic waste disposal
site, and should be buried, not burned. Washwater wastes must be brought to
a designated transfer station for removal to a safe disposal site, rather than
being discharged at the farm. If these containers are washed at a cooperage
or at the manufacturing plant, the same rules should apply. Regulatory auth-
ority should encompass surveillance of use of pesticides in the area and, from
that, develop information on use of containers, their disposition, etc. The
waste management agency should also plan for separate burial areas within a
hazardous waste site.
3.2.1.3 Incinerator Ash or Pyrolytic Char
Because of potential heavy metals content these substances should be
considered hazardous or toxic wastes. Either the regulatory or waste manage-
ment operating agency should be authorized to determine the quality and quantity
of ash and char offered to it for disposal in order to pass judgment on the
method of disposition, or to recommend the most appropriate methodologies for
the region.
3.2.1.4 Hazards to Public and Wildlife
Physical hazard to public by entry upon disposal site is not an esoteric
problem, but one which can easily be overlooked. Children or adults wandering
onto disposal sites pose a real public safety problem. Regulatory authority
to require effective exclusion of the public by secure fencing should be ex-
plicit in state and local legislation.
Wildlife, particularly birds, can be quite vulnerable to the danger
from land disposal of certain hazardous or toxic wastes. Terrestrial animals
can, for the most part, be excluded by good fencing. Birds are another matter.
No one has found the solution for protecting waterfowl and other aquatic birds
from landing on ponds of waste oil, acids, etc. When such a solution is found,
the regulatory agency should be able to implement it in that jurisdiction.
State and local law should authorize the permitting agency to call for the
installation of new facilities as necessary to protect animal life.
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3.2.1.5 Need for Monitoring of Groundwater
Monitoring of groundwater by sampling and analysis of chemical content
is of utmost importance. The law should enable or require the imposition of
a self-monitoring program upon the operating agency, and the regulatory agency
should also be authorized to carry out its own check monitoring upon each of
the sites. Elements of the monitoring program should include:
(a) Pre-discharge hydrology and water quality.
(b) Selection of sites and placement of sampling wells and instruments.
(c) Periodic taking of samples and analyses by the operator.
(d) Reports by operator to agency.
(e) Periodic tests by agency.
3.2.1.6 Pollution of Ground Water
Groundwater pollution, once it occurs, is very persistent, can be highly
hazardous in the case of toxic wastes, and will adversely affect water uses.
What does the regulatory agency (either a water quality board, the Health Depart-
ment, or State Environmental Protection Department) do, should groundwater pollu-
tion be detected at a land disposal area? The agency should have remedial
authority under state and local law. It should be able to move against the
site operator or, if that is not possible, to take necessary remedial action
itself, since promptness may be required for the protection of water supplies.
There may be a need to intensify sampling efforts, including construction of
additional monitoring wells to trace the course of the pollution; there may
be need to study the resulting data and issue warning reports to users of ground
water, and there may be need to find and plan substitute water supplies for
affected parties. It is even conceivable that the polluted groundwaters may
have to be extracted and treated to remove pollutants, which could be a large
and costly undertaking.
The law should authorize the regulatory agency to require the operator
to carry out studies and remedial action or, that not being possible, to have
the work performed with provision made to collect the cost of the work from
the operator. At the same time, the law should specify that the operator is
vulnerable to civil and criminal penalty for polluting the state's waters and
that the aggreived parties may collect damages.
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3.2.2 Need for Control of Land Used for Disposal Sites
3.2.2.1 Variances and the Grandfather Clause
Economic and geographic realities will lead to numerous compromises
between that which the planner knows is required, and that which is possible
to attain. To prevent multiple uses developing for the existing non-conforming
private disposal sites, the variance should specify both the effluent limita-
tions (by quantity) and the specific persons entitled to make use of the
facility. Each variance must be reviewed, at least annually, to establish its
potential for water quality degradation. A definite time limit should be
established for discontinuance of the non-conforming disposal practice, even
if it must be extended upon showing of good cause.
3.2.2.2 Control of Land After Use as a Hazardous Waste Disposal Area
The completely full hazardous waste disposal site is not as amenable
to future use as, for example, the completely full sanitary landfill for
ordinary wastes. A regulatory agency should be granted authority to:
(a) Specify procedures for the proper manner of closing a site to
assure that it presents no future hazard, e.g. deep burial by
extra layers of an engineered fill material as final cover,
fencing, posting and making appropriate notations on title
records on file with the county recorder.
(b) Require owner/operator to continue monitoring after closure,
since threat to groundwater will remain for many years.
(c) Carry on its own supplemental monitoring program.
(d) Prohibit any further use of the land occupied by the site or
specify what uses may or may not be made after different periods of
time have elapsed.
(e) Control of material that may be carried off the site for dis-
position elsewhere, in the event that use is to be made of the
site after such removal of toxic substances.
(f) Carry out remedial actions, as above, in the event of ground
water contamination.
To avoid the need for reliance upon the common law tort remedy, which
in most jurisdictions would provide for holding the site operator "strictly
liable" for damages to others, resulting from the presence of the disposal acti-
vity on his land, the statute should clearly fix responsibility to assure
that proper protective measures are taken to safeguard water quality after the
completion of disposal operations (as does the California Administrative Code
§2535(c)).
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3.2.2.3 Conservation and Utilization of Impervious Bottom Sites
Residual waste disposal sites that have satisfactory permeability char-
acteristics are usually difficult to find. Consequently, approved sites
should be considered to have high value and should be protected against over-
utilization for disposal of other types of waste material, i.e. household solid
wastes, inert construction wastes, etc. Without such protection, it is con-
ceivable that new or established impervious bottom residual waste disposal sites
will have to be terminated long before the end of an otherwise useful life as a
toxic and hazardous waste disposal area.
The regulatory agency should be granted authority to restrict the types
of material that may be placed in an approved residual waste disposal site to
those specific residual wastes requiring such special disposition. A volumetric
ratio of solid to liquid wastes should also be specified.
3.2.2.4 Inventory of Potential Residual Waste Disposal Sites
Selection of a satisfactory disposal site involves examination of a
number of technical parameters through a somewhat complicated analytical process.
Not every industrial plant or landfill operator is willing to spend the money
to search out, identify and investigate potentially satisfactory sites prior
to disposing of residual wastes on the land. This leads to the conclusion that
promiscuous dumping will continue unless a regional or state agency takes the
lead in the identification of satisfactory land disposal areas throughout its
jurisdict ion.
As a first step, a regional or statewide water quality or waste manage-
ment agency should be authorized and funded to conduct reconaissance level
studies, resulting in establishment of an inventory of apparently satisfactory
sites. The study should encompass the existing and projected industrial land
uses in the region in order to relate waste sources to disposal locations, as
well as the usual individual site parameters.
After the initial reconaissance, two separate courses of action may
be taken:
(a) A statewide agency does in-depth investigation of site(s) when
use is proposed, prior to issuance of permit, or
(b) person proposing to operate the site does the investigation as
part of an application procedure.
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Appropriate authorization should be granted to the regulatory agency
to enable it to conduct the in-depth study or to see that the study is pro-
perly carried out by another party before site use begins. There should also
be legislative provisions (for ecological zoning) at both state and local level,
to empower a regulatory agency to exercise a reasonable amount of control over
land uses in the vicinity of future disposal areas in its inventory. Without
"Buffer Zones" impervious sites may be consumed, or otherwise encroached upon
for other purposes, and they will be lost to the use for which they may be most
valuable.
3.2.3 Waste Piles and Tailing Drainage
Assuming the 208 planning study will develop an inventory of existing
and potential waste pile drainage and mine tailing drainage locations, this could
lead to the identification of existing or threatened effects upon surface and
groundwater quality. Thus, guidance can be given to management agencies, and to
the owners of such waste piles, regarding "best management practices" to prevent
such drainage from reaching water supplies. Regulatory agencies should, therefore
be authorized by law to conduct inspections of yard and mine tailings drainage
and monitoring data to formulate plans for the prevention and control of run off,
and to disseminate such information to indivdual owners and to other public
agencies that will be affected thereby.
3.2.^ Industrial Wastes, Control of Sources & Disposition
3.2.4.1 Inventory of Waste Loads
A prerequisite for an industrial residual waste plan is an accurate
estimate of all industrial wastes produced in specific areas of the region.
Secondly, the present disposal practices of the region's industrial operations
must be determined and documented. An estimate should also be obtained as
to the quantity of such waste that is currently disposed of outside of this area.
With this information, alternative plans for the effective treatment or dis-
posal of these wastes may be developed and evaluated.
The inventory of industrial waste streams in the region should produce
the tons or gallons per year of each of the following classes of waste. Effec-
tive reuse and disposal plans will also require the location of the source of
the major portion of each of these groups of wastes:
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(a) Toxic inorganics, heavy metals;
(b) Toxic organics;
(c) Oils, oily wastes:
Industri al
Motor Oi1
Oil field, refinery and transportation residues
(d) Solvents, volatile organics
(e) Acids, alkalies, brines
3.2.4.2 Control Strategy for Industrial Wastes
After an inventory of waste loading and present site usage is completed,
a logical approach to solving the problem of industrial wastes, much of which is
currently disposed of into the public sewer or onto private land, is embodied
in the following six step procedure:
0) The adoption and stringent enforcement of rules for discharges
of liquid hazardous wastes.
(2) Acquisition and development of a "safe" interim landfill site
for the immediate acceptance of the major portion of untreated
liquid type hazardous wastes.
(3) The design and initiation of a waste exchange or reuse program to
encourage the conservation of organic and inorganic chemicals.
(4) The sequential construction and operation of a modular central
treatment plant; first for the largest bulk of liquid hazardous
wastes (the heavy metals), followed by the sequentially named
groups listed above.
(5) Development of safe sites adequate to receive long term solid and
liquid waste residues from these treatment facilities.
(6) Development of reuse incentives and disposal controls to assure
proper disposition of industrial, hazardous waste streams.
3.2.4.3 Tank Cleaning Wastes
Tank cleaning wastes can originate in specific industrial operations, at
ship terminals and Naval activities, in railroad yards, in truck terminals and
in gas storage plants. In many cases, the wastes are hauled to a land site
for disposal as residual wastes. Only sites duly approved as hazardous wastes
sites should be used.
In areas with such activities, the 208 planning agencies would be well
advised to inventory all potential and existing tank cleaning operations in
their region. A management agency can then set up guidelines for disposal and
to notify all parties with legitimate interests.
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Encouragement should be given to reclaiming the hydro-carbon content
as fuel or use in new petro or petro-chemical products. Tax write-offs and
or government certified bonds to finance new facilities to reclaim these wastes,
along with preferential treatment by government purchasing activities, would
be appropriate subjects for legislation at the state level.
3.2.4.*» Used Motor Oil
Used motor oil is a particularly troublesome substance to deal with in
a municipal sewage plant and may cause water problems when placed in a landfill.
It is also a prime example of a reusable natural resource. The region needs a
combination of laws that: (1) prohibit its discharge into sewers or on the land;
(2) repeal existing branding requirements that discriminate against re-refined
oil in competition with new oil; and (3) passage of State and local regulations
that give re-refined oil a competitive edge in the market place by specifying
that governments will purchase re-refined oil. The above measure would go far
to remove this source of pollution, particularly as it affects sewage treat-
ment plants. (3-16).
The encouragement of full recovery and re-use of other residual oils,
such as that left in the bottom of "empty tanks" - both land and water borne
(railway and tank truck) and tanker type vessels (which now pump the residue
overborad, outside the 50 mile limit) could also be accomplished by legislation -
again, by prohibiting dumping and offering to buy the processed residual to fill
State and local energy needs. (3~17).
3.2.5 Dredged Material Disposal
3.2.5.1 Pollution of Ground Waters
In the coastal, riverine and lacousterine areas, the land use or other
appropriate planning agencies should determine which upland sites are, or are
not acceptable for deposition of spoil on the land and this should be done in
advance of any dredging permit or other project authorization. One obvious reason
is protection of wetlands. Another is protection of aquifers, which could be
polluted by the salt water drainage from the spoil or by polluting materials
(pesticides, nutrients and toxic organics) in the spoil. In the same areas
of the country, fresh water streams could also be polluted by saline surface
runoff from dredge fill operations.
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3.2.5.2 Beneficial Use of Dredged Material
It should be noted that dredge material has many beneficial uses, and
that advance planning is necessary to assure that a beneficial use is made
whenever possible. The U.S. Army Corps of Engineers is well qualified to pro-
vide assistance in finding such beneficial use. Even low quality dredged
material mixed with coarser material might be of value as "cover" lifts at
sanitary landfill sites. (3-18)
3.2.6 Use or Disposal of Sewage Sludge - Municipal
3.2.6.1 Application Upon the Land
Application of digested sludge, both dry and in liquid form upon the
land, is currently receiving increasing attention as an acceptable and bene-
ficial method of conservation. The 208 planning agency should take cognizance
of the potential for any such activity within its region. Recognizing that
application of sludge will tend to add nitrogen, salts and possibly heavy metals
to the groundwaters, the 208 agency, either alone or in concert with State or
regional water quality control and Public Health Agency should establish an in-
ventory of land areas that are suitable for and could be enhanced by properly
applied sludge. The inventory of available, safe sites should be reviewed and
coordinated with the agencies involved in operating or regulating the sludge
producing facilities.
3.2.6.2 Safe Application Rates
The amount of sludge material that may safely be applied to the land
will vary depending upon soil conditions, rainfall, the rate at which a given
crop can assimilate nutrients, and the amount of heavy metals and other sub-
stances present in the sludge. Some State Health Departments have specified
safe rates under different conditions and other states treat land application
as experimental, permitting it under a program of monitoring and reporting of
results to the State. Where land spreading practices are not common, the ex-
perimental (permit) approach may assist in gaining public acceptance for such
a program (3~ 19).
3.2.6.3 Sludge Ash
Where sludge incineration (to reduce volume) is practiced, disposal of
the char or ashes, which may have significant traces of heavy metals, remains
3-22
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a problem. Regulations for the control of disposal of this material may be
encompassed in hazardous waste disposal rules, if the heavy metal content is
high. If the heavy metal content is negligible, existing definitions of solid
waste may relegate this material to a special landfill area.
3.2.6.** Control of Nuisance
Since liquid sludge, if not properly preprocessed, can be the source of
strong odors when deposited upon the land, the waste management or regulatory
agencies should be authorized to promulgate and enforce standards of stability
for sludges so discharged.
3.2.7 Agricultural Wastes
3.2.7-1- Pesticide Containers
This subject was covered under the discussion of hazardous wastes.
The regulatory agency should have authority to continually inventory levels
of this type of waste in its region and to insure that the bags and/or waste
water are being taken to an approved disposal site. Moreover, the regulatory
agency should have the authority to maintain an overview of pesticide usage
within its region and the ensuing impact, if any, upon water quality.
3.2.7-2 Organic Wastes
Poor storage and disposal practices for organic agricultural wastes
such as manure, vines, silo drainage, can lead to serious problems with ground-
water nitrogen, eutrophication and anoxia of surface waters, increased salinity
of ground and surface waters, odors, flies, etc. In appropriate areas, priority
should be given by the 208 planning agency to an inventory of all sources of
agricultural wastes within its region; to determine specific waste loads; to
evaluate known effects upon surface and ground waters, and to project further
effects. The planning agency will be expected to define acceptable agricul-
tural waste handling and disposal practices, where these constitute a threat
to water quality within its region. It should also include this aspect of
waste management in the public participation program for promotion of these
practices through public education.
The planning agency should also determine whether or not there is need
for organic agricultural waste disposal sites in its region and to locate and
3-23
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protect such sites if the need is found.
Many states have developed comprehensive programs regulating these
aspects of agricultural waste, and enabling legislation is probably avail-
able to obtain new regulations that may be required.
3-2.8 Construction & Demolition Wastes
For the most part, construction waste is relatively innocuous, con-
sisting of broken pavement, stone, bricks, wood, plaster, dirt, asphalt tile
and shingles, etc. Its major problems are dust, unsight1iness, smoke and
rodent harborage. Construction waste can unnecessarily consume area in
municipal solid waste sites and particularly in hazardous and toxic waste sites,
On the other hand, a place must be provided for the deposit of the inorganic
fill fraction and efforts should be made to assure consumption of this residual
as useful material.
The 208 planning agency should include estimates of construction and
demolition waste volumes in its planning and provide the locations of proper
disposal sites to generators of such wastes.
3-2.9 Control of Transportation of Residual Wastes
3.2.9.1 Waste Transport Vehicles
Transportation of residual wastes in equipment that is not suitable
for the job or in defective equipment can be highly dangerous, e.g. acid
leakage or sludge spills on highways. Specifications for the equipment and
procedures for its use should be reviewed, and maintained at the state level
because of mobility of the equipment. Where states have thus far failed to
provide regulations specific to this problem, the Motor Vehicle or Health
Department should have some authority to do so. The State should have an
agency to set standards, which would be applied against the source of the
wastes. For example, if a piece of transportation equipment fails to meet
the standards, the waste producer would be prohibited from placing his wastes
aboard it. (3~20)
3.2.9.2. Routing Over the Road
Routing of intransit wastes of either the special, hazardous
or toxic classes, should be controlled in such a manner that a traffic acci-
dent or equipment malfunction (including leakage) will not endanger water
3-24
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supplies in the area. Permissable routing should also take into account direct
hazards to large numbers of people (downtown areas) and particularly children
(schools should be avoided). Movement of particularly hazardous wastes may
also be restricted to daylight hours that do not coincide with peak traffic
congestion, as a further effort to reduce the probability of accidents.
Hauling permits should prohibit use of roads in vicinity of reservoirs,
rivers and streams. Trucks bearing hazardous or toxic waste should be required
to display an appropriate sign on front, rear and both sides as a warning to
other vehicles and to alert law enforcement patrol cars, in the event a truck
uses a prohibited route.
3.2.9.3 Clean Up of Spills - Emergency Procedures
Accidents in transporting hazardous wastes can lead to serious problems
of toxic impact on the public and on wildlife, pollution of ground and surface
waters, air pollution, fire, explosion, etc. (These problems can also stem from
illicit dumping.) Here, also, the planning agency should encourage waste haulers
and management agencies to work out contingency plans with highway departments,
fire and police departments, hospitals and similar groups to minimize the ad-
verse consequences of accidental dumping of hazardous wastes. Preventive
action in the form of licensing programs and generating awareness among waste
producers, transporters, and site operators, as already mentioned, should help
minimize such episodes.
3.2.10 Litter
Litter is a significant insult to our physical environment in terms
of the BOD loads imposed, either on the sewage treatment works (if storm run-
off is treated) or on the receiving waters after each heavy rain.
Structural solutions to the problem require either the building of
larger treatment plants to receive the combined flow from sanitary and storm
sewers or the investing in new separate storm sewers. These new sewers would
collect all runoff, or just the first flush from each storm, for later impound-
ment and -treatment in either a separate storm-water treatment plant or in a
combined treatment plant. Each of the above is a very costly addition.
3-25
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One of the non-structural solutions is to clean up the streets and
roadside trash and clean out sediment basins in storm drainage mains at re-
gular intervals. Environmentally safe disposal of street sweepings and highway
trash is not a difficult problem, but the collection segment is labor intensive,
and therefore very expensive
A litter law and small animal control law with teeth (say up to $500
fine per violation), that is vigorously enforced and with proceeds dedicated
in advance to litter clean up, is an example of the source reduction strategy
at work. (3-21)
3-2.11 Beverage Container Deposit Laws
A law requiring a deposit on all of the types of containers that may be
used for consumables, which insures the return for re-use or recycling of the
container is a multi-purpose solution. It reduces litter, reduces total waste
loading to be disposed of, and increases the useful life of the container with
a con-committant reduction in the drain on our non-replaceable raw material
and energy resources. The "Oregon" type of beverage container deposit law is
an excellent example.
The EPA, Office of Research and Monitoring sponsored an exhaustive
study of the beverage container problem, in 1972. (3~22) This report examines
the technical, environmental and economic aspects of the mandatory container
return deposit versus a tax on non-returnables that will pay the cost of litter
clean-up (while forcing the expanded use of returnables). A complete list of
the federal, state and local laws that were pending in the legislative bodies
of the country, as of June 1971, is provided as an appendix to this EPA report.
Since both the Vermont minimum deposit act (Vermont Statutes, Title
10 §1521-1525) and the Oregon "Bottle Bill" (Oregon Revised Statutes, §459-810-
459.890) have survived constitutional challenges, more states, cities and counties
will consider this option to the continuous litter pick-up costs they currently
face. 571 P.2d 691, (Ore. App. 173) review denied Dy Oregon Supreme Court (1974).
3-26
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3.3 The Need for Legislative Provisions to Aid in Reuse and Recovery of
Residual Waste
The problems associated with recovery of residual wastes, both economic
and technological, are the subject of numerous private, State and Federal
studies and reports. That there "ought to be a law," most of the experts
can agree, but as to what law or laws can cope with the formidable economic
constraints that presently divert most wastes to dumps or incinerators, seem
to be subject to experimentation for some time to come.
3-3-1 A National Survey of Resource Recovery
Chapter 4D of the Report of the National Commission on Materials
Pol icy (June 1973), draws from the best sources of information available to
the Federal government, to provide a succinct statement of the problem. A
small section of Chapter *tD is condensed and presented below to provide an
indication as to why land filling is still preferred over conservation and
how a regional approach might make conservation more viable. (References
from the Report have been renumbered).
The Economics, Technology, and Organization for Resource Recovery
Economic factors determine whether a material is recycled,
shunted into the waste stream, or left where it stands. Recycling
proceeds through an agreement by two different agents in the mat-
erials system: the owner of obsolete goods and a recycler who
might be able to put the goods to use. Both must see an advantage
in the transaction.
Usually transactions are made by scrap dealers who purchase
waste materials and process them. Sellers (or givers-away) might
be urban waste processing plants, machine shops, or private citi-
zens. Buyers include papermills, secondary smelters and steel mills.
The saying in the industry is that scrap is bought, not sold;
it is a buyer's market. Materials producers will buy and use high-
quality scrap if the cost ;s competitive with costs of virgin mat-
erials. The cost of upgrading most urban waste to an acceptable
quality prices it out of the market. That is the essential chall-
enge.
The remedies lie in economics, technology, and comprehensive
organization for resource recovery. The fundamental requirement,
however, is to create incentives for industrial materials buyers
to use more secondary materials in the interest of efficiency in
use of national resources.
This situation could be brought about by two activities: actions
to create a demand for secondary materials, and actions to create
a supply of secondary materials of such quality and at such a price
that they would arouse demand.
3-27
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In today's market, demand offers the better incentive. Often
voluntary recycling centers can find no markets for the material
they collect. It is as if they were pushing on a string. Such
material will move best when demand pulls them along.
Municipal solid wastes have not been recycled in the past be-
cause disposal in readily available dumping sites was more economi-
cal. The patterns and traditions that developed as a result have
made it more difficult to close the materials system, even though
today the economics begin to favor a closed system.
Some of the major options of the sanitation industry result in
dumping, others in recycling. The options are: (3-23)
(a) Incineration: This is outright burning of wastes, without
energy recovery. Its cost has risen with the public's in-
creased concern about air pollution.
(b) Sanitary landfill: This is disposal and burial of wastes
in the earth. As land around urban areas has become scarce,
waste handling and land acquisition costs have raised the
total cost of this option.
(c) Skimming: This involves separation of several types of
wastes at the source and separate collection followed by
recycling of such components as paper, glass, and metal.
(d) Materials recovery: This involves an aggregate collection,
as with incineration and landfill, followed by material
recovery for recycling by the use of special equipment that
separates and sorts the collected wastes.
(e) Fuel recovery: This uses collected wastes as an energy
source in power plants or industrial furnaces.
Studies by the Environmental Protection Agency of the different
approaches show that skimming, when well executed, is most economical.
Close-in sanitary landfill is the cheapest option after skimming,
followed by fuel recovery, materials recovery, remote landfill, and
incineration. (3~23a)
But cheap landfill is not always an option; some cities are pay-
ing more for disposal than the estimated average costs for materials
or fuel recovery, $4.77 vs. $2.71, respectively. (3-24) For instance,
estimated disposal costs in Philadelphia and San Francisco are as high
as $8 per ton.
Few municipalities opt for resource recovery as opposed to dump-
ing for three reasons:
(1) Inadequate markets for recovered materials. Municipal offi-
cials cannot rely on finding buyers for secondary materials
when virgin materials are favored. As a marginal commodity,
scrap is subject to wide swings in demand and price. If
officials are to have confidence in recovery as an econo-
mical option for waste management, a steady, reliable outlet
for the recovered materials is essential. If demand for the
product drops, the municipality'again has a mountain of ex-
pensive wastes on its hands.
3-28
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(2) Capital costs. Given the volatility of the secondary mat-
erials market, municipalities or private companies are re-
luctant to commit themselves to invest heavily in the soph-
isticated industrial technology required for resource recovery.
Given the uncertainties, recovery seems not to justify the
substantial investment required.
(3) Tradition and structure. Sanitation officials have not been
concerned with recovery of resources in the past. Their
mission traditionally has been to abate waste as a public
nuisance or threat to health, not to treat waste as a resource.
Therefore, sanitary landfill, which required minimal changes
in goals and operating procedures, was adopted where open
dumping became impossible.
Energy recovery is the target of opportunity for municipal govern-
ment today. It is cheap, conservative of resources, and requires only
new technology for its introduction, whereas skimming would require pro-
found changes in consumer habits. In Europe, virtually all new refuse-
burning incineration plants are designed for heat recovery. In the
United States, however, only about ten such incinerators are in use.
The mixed organic fraction of community waste often has an energy con-
tent one-half that of bituminous coal. By mixing this fraction of the
solid waste with coal or fuel oil it is possible to reduce both the
volume of solid waste that must be disposed and the quantity of other
fuel needed by power plants. (3-25).
Use of solid waste for this purpose would require conversion of
present power plants. The solid waste received would have to be sep-
arated, sized and evaluated for heating value. A proper amount of
coal or fuel oil then added would supply the required heat. Any in-
creased capital and operational costs for the power plant could be
offset by disposal cost savings.
Taxes Should Favor Resource Recovery
Over the years, the Federal government has developed tax policies
that encourage extractive industries. Capital gains treatment for pro-
fits, depreciation schedules, depletion allowances, and other tax write-
offs for extractive industries favor use of virgin materials over
secondary materials because these incentives to a degree are reflected
in the price of the end product. A staff study for the Joint Economic
Committee places the amount of Federal tax allowances for development
of natural resources at $1.^5 billion in 1971- These allowances are
incentives to use these resources in preference to secondary materials.
(3-26).
The National Commission on Materials Policy Concluded That:
...before cities can realize the potential of resource recovery,
they must change their attitudes toward solid waste and the institu-
tional structures that deal with it. Many will decide that private
entrepeneurs offer the most efficient mechanism for resource recovery
and will enter into long-term contracts for this service.
...not all cities will find that resource recovery is the most
economical option; each municipality has its own problems and perspec-
tive. Some may wish to enter into agreements with other local governments
to capture economies of scale unavailable to them individually. State
governments should encourage such regional approaches through solid waste
regulatory programs.
3-29
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3-3-2 State Action to Stimulate Reuse and Recovery of Materials
The previous section presented an overview of the problem from the
perspective of the Federal Government. For the most part, initiatives must
come from state and regional entities.
The following paragraphs deal with related problems, for which the
states are developing different legislative solutions.
3.3.2.1 Tax Abatement as an Incentive to Reuse
Many states are reluctant to risk disturbing the delicate mechanism
we call free market pl^ e which responds to supply and demand in ways that
are not always understood. It is argued in some quarters that tax incentives
for reuse of material may not be necessary because prices of virgin materials
will rise as they become scarce, thus encouraging the use of recycled materials
even in the absence of tax incentives. In addition, a substantial amount of
recycling is already occurring, or being planned, because of rising prices
for recyclables. Consequently, the major benefit of a tax reduction for re-
cycling industries would accrue to investment that would have taken place in
the absence of a tax reduction. Little additional investment in recycling
industries would be encouraged by such a tax reduction. Although tax policies
permitting rapid amortization of recycling facilities would encourage the entry
of private capital into the recycling industry by reducing capital costs,
existing industrial waste recycling facilities would receive windfall benefits
from such a provision. (3~27)•
Perhaps because of the fear of "windfall" profits, or a belief that
each business venture should pay its own way, provisions for tax deductions
on pollution control facilities are often limited to "new" equipment and
then only to the extent that the investment is not self amortizing from the
value of the materials reclaimed.
Arizona permits the cities and counties, through pollution control
corporations, to acquire tax exempt lands and pollution control equipment
that may then be leased. This includes existing or new equipment and appears
to cover resource recovery facilities. (3~28)
Article 3 of California's Solid Waste Management and Resource Recovery
Act calls for the formulation of a broad program to stimulate resource recovery
3-30
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The recently formed California Pollution Control Financing Authority certi-
fies tax exempt bonds, the proceeds of which are available as loans to private
industry and municipal governments. (3"29)
3.3.2.2 Underwriting Actual Losses in Commercial Recycling Operation
Another approach to subsidy without much danger of a windfall, is to
pay a private materials reclaimer the difference between the price he actually
receives for reclaimed materials and the price he would have to receive in
order to remain in business. A cost/benefits analysis would have to be made
to determine the maximum differential that the government can afford to pay,
but it is quite likely that the total value to the community of the reduced
waste load, the jobs provided by the reclaimer and the prospect of such an
operation becoming self-sustaining in the future will justify a significant
direct subsidy to private operators during their start-up cycle.
Minnesota has made provision for support of such marginal operations
as they pertain to the reclamation of abandoned automobiles. The state
officials indicate that it is considered to be a good investment. The same
approach would work on a regional basis to»reclaim the materials in rubber
tires and many other waste products. (3~30)
3.3.2.3 Making Municipal Solid Waste, Including Shredded Wood,
Available to Utility Companies
Where a continuous supply of combustible waste materials can be assured,
the promise of free, or low cost wastes, for consumption in boilers that are
modified to burn this material, may provide an adequate incentive to invest
in the conversion process. Connecticut and a number of other states (with
Federal assistance) are implementing such programs on a pilot basis.
3.3.2.4 Removal of Discriminating Labeling or Advertising Constraints
on Recycled Products
California has recently enacted a law which removes the previous label-
ing restriction that included a large legend, "Made from Used Oil." The
California bill applies only to oil that is re-refined to meet S.A.E. standards
and is sold within the state. The Federal Trade Commission still requires
a legend to be placed on the containers of re-refined oil that moves in inter-
state commerce.
3-31
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The new California law also deleted previous requirements which kept
the re-refined oil on separate display racks, and subjected the dealers to
the maintenance of separate records for the sale and storage of the re-
claimed product. (3-31).
3.3-2.5 Remove Discriminatory Freight Rates on Recyclable Materials
A number of states have acted to review the intrastate rate structure,
as it applies to secondary materials. This appears to be within the power
of every state, but will, of course, only have an impact if there is both a
supply and a demand for a particular waste material within that state.
3-32
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REFERENCES - CHAPTER 3
(3-1) Heydon's Case, 3 Co. Rep. 7a, 76 English Reports, 637-39. (158*0.
(3-2) Vagueness defined in Connelly v General Construction Co. 269 U.S.
385, 391 (1926).
(3-3) Overbreadth defined in NAACP v Alabama, 377 U.S. 288, 307 (196*0.
(3-*0 Schneider v State, 308 U.S. 147 v (1939).
(3-5) Van Nuys Publishing Co. Inc. v City of Thousand Oaks, *>89 P.2d
809 (197D-
(3-6) California Health and Safety Code, Chapter 6.5, Article 8, §2518*4,
(1972).
(3-7) Toftner, Richard 0. "Developing a Local S Regional Solid Waste
Management Plan," U.S. Environmental Protection Agency
(SVMOUs.1) 1973.
(3-8) Reitz, A. W. - "Environmental Law," 2nd Edition (1972), No.
American International, Page 2-90.
(3-9) California Government Code Title 7-3 §66780 Solid Waste Management
and Resource Recovery Act of 1972.
(3-10) CRS Section 1 Ch. 106 §§106-8-101 et seq. Local Government Land
Use Control Enabl ing Act of 197**-
(3-11) Entire State of Connecticut in the Planning Area, per CGS Ch. 36lb
§§19-52*tp - 1952*»nn.
(3-12) Oklahoma Statutes Title 63 §§2255 and 2256 Oklahoma Solid Waste
Management Act of 1970.
(3-13) Toftner, R. 0. and Clark, R. M., "Intergovernmental Approaches to Solid
Waste Management," EPA Report No. SW-*i7ts, 1971.
(3-1*0 Summarized trom Section 6-17 of "Suggested Solid Waste Management
Ordinance for Local Government," by National Association of Counties
Research Foundation (197**)-
(3-15) "Handbook of the National Conference of Commissioners on Uniform
State Laws," (1928), pages 59-61.
(3-16) Bulletin No. 4, State of California Solid Waste Management Board,
TIS, Feb. 75.
(3-17) Preliminary San Diego Regional Solid Waste Management Plan
1976-2000, Waste Lubricating Oil, joint City-County Solid Waste
Management Task Force 1X-27 to 1X-31 (1975).
(3-18) "Legal, Policy & Institutional Constraints Associated with Dredged
Material Marketing," R. C. Wakeford 6 D. Macdonald for U. S. Army
Corps of Engineers Dredged Material Research Program, Contract Report
No. D-7**-7, (Dec. 197*0.
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(3~19) Illinois Advisory Committee on Sludge and Wastewater Utilization
on Agricultural Land, Illinois Environmental Protection Agency,
1975.
(3~20) Minnesota Administrative Rules and Regulations; Section SW-3
Minnesota Pollution Control Agency Division of Solid Waste.
(3-21) Model Litter Law by National Institute of Municipal Law Officers.
(3-22) Taylor, H. B., and Mulligan, P. F., "The Beverage Container Problem"
report prepared for office of research and monitoring, U. S. EPA -
Report No. EPA-R2-72-059.
(3-23) "Resource Recovery Processes for Mixed Municipal Waste, Part I,
Technical Review to Economic Analysis," Environmental Protection
Agency, 1973-
(3~23a) Resource Recovery Processes for Mixed Municipal Sol id Wastes,
EPA, 1973-
(3-24) Id.
(3-25) "Systems Study of Air Pollution for Municipal Incinerators," Arthur
D. Little, Inc., March, 1970.
(3-26) "The Economics of Federal Subsidy Programs," Joint Economic
Committee staff study, 1972.
(3-27) "Environmental Rights & Remedies," 197^ Supplement, page 81.
(3-28) Arizona Pollution Control Tax Exemption Law, Title 9, Chapter 12,
Art. 1 §9-1221 and Art. 3 §9-1271 (1972).
(3-29) California Health & Welfare Code, Division 27, §§39600-39637, (1972).
(3-30) Minnesota Statute, Chapter 168B, Abandoned Motor Vehicles, §§1686.10
(1971).
(3-31) Supra reference (3-16).
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CHAPTER IV
A COMPREHENSIVE MODEL LAW FOR RESIDUAL
WASTE MANAGEMENT, DISPOSAL &
RESOURCE CONSERVATION
The purpose of this model statute is to provide areawide waste manage-
ment planners and waste management operating agencies with examples of
legislative and regulatory provisions that are adopted by, and appear
to be effective in other jurisdictions. This model may also be useful
to legislative draftsmen working on problems of residual waste.
As a model it is not expected to be universally applicable, nor to cover
every circumstance and situation. The example of statutes presented
herein will provide assistance in formulating specific language required
to remedy local and areawide situations similar to those for which
other jurisdictions have enacted the statutes reflected in this model.
This statutory scheme should only be used with caution and only after
having determined its compatibility with existing regulations, statues,
policies, and waste management institutions. Constitutional considera-
tions, both federal and state, may play an important role in the inclu-
sion or exclusion of specific sections of this model when planning new
legi slat ion.
Sections of this model are each comprised of examples taken from the
Council of State Governments' model and from actual provisions of states'
statutes and regulations. Generally, the first paragraph under each
major heading is taken from the Council of State Governments' model, which
is in accord with similar provisions in one or more of the states. Addi-
tional sections are excerpted from state laws and regulations found to
be representative or the most comprehensive provisions. The letters to
the right of the provisions indicate the state's law or regulation, in-
dexed in the reference section to this chapter, from which the model
section was selected, (e.g. CA(a): California statute found in the
reference section under California, (a).)
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SECTION
I SHORT TITLE
I I DECLARATION OF POLICY
III DEFINITIONS
IV STATE AGENCY AUTHORITY/POWERS/DUTIES
IV(A) Administration of the Act
Model
(1) Responsibility of Agency
Supplementary Revisions
(1) Agency Established
(a) Composition
(b) Representation
(c) Appointment
(2) Agency Authority
(a) Staff
(b) Cooperation
(c) Funding
(d) Rule Making
(Alternative Provisions for (1) & (2) above)
(3) Agency Adherence to Stated Policy
(a) Local Autonomy
(b) Local Enforcement
(c) State Enforcement
(d) Rights of Citizens to Enforce
(k) Residual Waste Handling to Comply with Provisions of Act
IV(B) Technical Assistance
Supplementary Provisions
(1) Agency Provides Assistance
(a) Prepare Guidelines
(b) Approval of Plans
(c) Exemptions
(d) Conformity to Plan
(Alternative Provision for- (I) above)
(2) Packaging and Containing Technology (Waste Reduction)
(a) Review Innovations in Packaging
(b) Adopt Guidelines to Review
(c) Recommendations to Legislature
V PLANNING (STATEWIDE, AREAWIDE, LOCAL)
(1) Requirement to Submit Plans
(a) Officially Adopted Plans by Single Municipality
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(b) inter-Municipal Planning
(c) Provisions for Growth
(i) Orderly Growth
(ii) Areawide Concept
(ii i ) Cornpat ibility with Existing Plans
(iv) Time Schedule
(v) Revision
(vi) Additional Information
(d) Review of Plan
(e) Agency Authorization
(f) Priorities
(g) Agency Enforcement
(2) Public Participation Encouraged
(3) Plan Compatibility with Comprehensive Plan
(a) With General Plan
(b) With Local Jurisdiction
(c) With Comprehensive Land list-
COMPLIANCE/ENFORCEMENT AGENCY
Mode!
(1) Agency Enforcement Responsibility
Supplementary Revisions
(') Enforcement Action
(a) Appropriate by Agency
(b) Attorney General
• Summary Proceedings
(c) Agency Proceedings
ie Provision to (1) above)
(2) Agency Investigations
(a) Unsafe Conditions
(b) Monitorinq Program
(c) Issuance of Complaint
(3) Any Person May Complain
VII OPERATION AND FINANCING OF AREAWlDE PLANS
Supplemental y Revi s i ons
(1) Grants in Aid
(a) Agency Grants
(b) Legislative Appropriation
(c) Qua! i Tying for Aid
(Alternative Provisions for (1) above)
VI I i AREAWIDE/MUN1CIPAL AUTHORITY - MANAGEMENT
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VI I I (A) Intra-Municipal Authority
S upp 1smeiitary Provisions
(1) Local Units Shall Comply With Act
(a) Survey for Present,and Future Needs
(b) Implementation of Comprehensive Plan
(c) Approval for Inter-Municipal Agreements
(2) Need Local Unit to Manage
• Units May Enter Into Agreements
(3) Local Units Shall Manage Facilities
(a) Contracting
(b) Adopt Regulations
(c) Cooperation
(d) Provide for Growth
(e) Establish User Charges
VI I I (B) Eminent Domain, Zoning. Preempt ion
Supplementary Provisions
(1) Acquisition of Property
(2) Attempt to Purchase Property
« Compliance with Procedures
(3) Need for Consent of Effected Municipality
(A) Rights of Party in Possession
IX ESTABLISHMENT OF RESIDUAL WASTE DISPOSAL SITES
IX (A) Criteria Used to Pete rm me Loca t|ort_of San i ta r_y_ Landf i 11
Supp1e menta r y P rovi &ion s
(1) Permi t Requi red
(.a) Boring Required
fb) Agency Approval
(c) Maps 1.0 be Provided
(d) Limitations on Operation
(e) Supplements to Maps
(2) Prevention of groundwater pollution criteria
i X (B) Cjj3_ssjjjjr.aj:\on s_ _o f Res iduaMjaste Disposal Sites*
Supplementary Frovibions
(1) Class I Disposal Site Criteria
(2) Class i! Disposal Site Criteria
(3) Class Ml Disposal Site Criteria
"Classification of Wastes Discharged to Land
X PERMITS
Model
0) Agency Shall issue Permits
(2) Renewal of Permit
(3) Proof of Performance 3ond
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Supplementary Provisions
(1) Permit Required
(2) Exemptions
(3) Permit Criteria
(4) Agency Approval
(5) Permit Non-Transferable
(6) Permit Required to Alter Facility
(7) Permit Revocation
XI STANDARDiZATI ON
XI(A) Requirements and Prohibitions
Supplementary Provisions
(1) Agency Approval Required to Operate Facility
(2) Compliance with Agency Conditions
(3) Agency Approval of Local Unit Contracts
(a) Filing of Performance Bond
(b) Failure to Perform Contract
(c) Creation of Public Nuisance
(d) Hinder Agency Inspection
XI (B) Variances (Exceptions, Exemptions, "Grandfather Clause")
Supplementary Provisions
(1) Waivers or Modifications
(Alternative Provisions to (1) Above)
XI I ENSURING COMPLIANCE
XI I(A) Enforcement Penalties
Model
(1) Fines and Imprisonment
(2) inspections
Supplementary Provisions
(1) Fines and !mpr isonment
(Altermativs Provisions to (1) Above)
XII (B)
Supplementary Provisions
(1) Agency Inspection to Insure Regulation Compliance
• Reasonableness
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XIII JUDICIAL 6 ADMINISTRATIVE PROCEEDINGS
Supplementary Provisions
(l) Hearings Shall be Recorded and Transcripts Made Available
(2) Public Hearing Regarding Policy Adoption
(3) Appeal from Local Rule or Regulation
(*t) Records of Appeal
(5) Revocation Hearing
• Criteria for Revoking Permit
(6) Hearing to Contest Agency Refusal to Grant Permit
• Judicial Review of Administrative Hearing
(Alternative Provision for- (6) Above)
XIV SITE CLOSURE (COMPLETION, ABANDONMENT)
Supplementary Provisions
(1) Compliance with Requirements
(a) Notice of Intention to Agency
(b) Compliance with Regulations
(c) Additional Requirements
(d) Agency Inspection
(r-.) Subsequent use Agency Approval
(f) Monitoring of Site by Previous Owner
(g) Fii ing of Plat
XV REUSE, RECYCLE, RECOVERY, INCENTIVES
Supplementary Provisions
(1) Incentives
(a) Incentives Listed
(b) Effects of Existing Public Policies
(c) Disposal Taxes Imposed
(2) Imposition of User Fees
(3) Encouragement for Reusable Containers
XVI ADVISOKV COUNCIL AND ENVIRONMENTAL STUDY
Supplementary Provisions
(1) Establishment of Residual Waste Management Advisory Council
« Membership
(Alternative Provision to (Ij Above)
(2) Establishment of Institute for Envirnmental Quality
(a) Carrying Out its Purpose
(b) Duties to investigate. Environmental Concerns
XVII SPECIAL CONSIDERATIONS
XVI I(A) Hazardous Waste
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Supplementary Provisions
(1) Handle in Accordance with this Act
(a) Consignment
(i) Disclosure of Nature of Waste
(ii) Assure Proper Handling
(b) Agency Shall Maintain a List of Hazardous Wastes
(c) Listing is Not a Basis of Any Presumptions
(d) Agency List of Toxic Wastes
(e) Agency List of Flammable and Explosive Wastes
(f) Agency List of Pathogenic Wastes
(g) Agency List of Radioactive Wastes
(2) Agency to Develop Waste Control and Spill Contingency Plan
(3) Use of Only Approved Sites
XVI I (B) Record Keeping Regarding Wastes
(1) Station Records Generally
(a) Weight Volume Records
(b) Special Occurrences
(c) Inspection of Records
(2) Preparation of Hazardous Waste Records
(a) The Manifest
(b) Producer of Waste Record
• Special Handling Instructions
(c) Hauler of Waste Record
(d) Disposer of Waste Record
t To Select Most Appropriate Location for Waste
(e) Agency List of Flammable and Explosive Wastes
XVII(C) Regulation of Transportation of Residual Wastes
(1) Criteria for Truck, Barge, Train and Pipeline
(2) Agency Final Approval
(a) Routing
(b) Equipment Condition
(c) Pipeline Construction
(d) Time Schedule
(e) Maintenance of Facilities
XVII(D) Abandoned Motor Vehicles
(1) License Requirement to be a Collector
(2) Application to Agency
(3) Required Equipment
XVI I(E) Mine Drainage Control
(1) Agency Notification of Permit Violation
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(2) Submittal of Monthly Operation Reports
(a) Information Required
(b) Discharge Limitation
(3) Discharge to Polluted Stream
(4) Discharge to Clean Stream
(5) Control of Surface Water
XVI I (F) Control Over Confined Animal Feeding
(1) Submittal of Detailed Plan and Specifications
(2) Standards for Operation
(a) Prevention of Water Pollution
(b) Conformance to Agency Guidelines
XVI I (G) Preservation of Wetlands
(1) Permit Required to Conduct Activity
(2) Agency to Hold Public Hearing
(3) Compatibility of Proposed Activity
(k) Agency Conditions and Limitations
XVI I (H) Use of Waste Disposal Wells
(1) Restrictions on Location
(a) Filing of Approved Sewage Program
(b) Designated Time Schedule
(2) Nonavailability of Better Method
(3) Permit Required
(4) Discontinuance of Well
(a) Plugging
(b) Depth of Plug
XVI I (I) Requirements for the Disposition of Dredge Spoil
(1) Dredging Defined
(a) Local Governmental Control
(b) Inclusion of Long Range Plans
(c) Activity Discouraged
XVII (J) Regulation of Waste Piles
(1) Prevention of Water Pollution
(a) Compliance with Agency Regulations
(b) Prevention of Runoff
(c) Construction of Treatment Facilities
(d) Adequate Cover Material
(e) Insuring Stability of Disposal Are<
(f) Erosion Prevention
(Alternative Provision for (1) Above)
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XVI I(K) Litter Control Considerations
(Consideration Regarding Provision)
XVII(L) Summary of Criteria for Land Application of Sludge to Farm Land
(Recommendations Taken from The Illinois Advisory Committee on
Sludge and Wastewater Utilization on Agricultural Land, February
1975).
XVIII REPEALER
XIX SEVERABILITY
XX SAVINGS CLAUSE
XXI EFFECTIVE DATE
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STATE RESIDUAL WASTE MANAGEMENT AND RESOURCE RECOVERY ACT
An Act providing for the planning, management, and conservation of residual
waste. Residual waste is defined as that solid, liquid, or sludge substances
resulting from man's activities in the urban, agricultural, industrial, and
mining environment not discharged to water after collection and necessary
treatment. These wastes include, but are not limited to:
Sludges resulting from water and domestic wastewater treatment, industrial
sludges, utility plant sludges, and mining sludges;
Solids resulting from industrial and agricultural process waste materials and
from non-process industrial and commercial wastes (e.g. demolition wastes,
mine tailings, incinerator residues, dredge spoil, and agricultural waste like
crop residues, feedlot wastes and pesticide containers), residual and commercial
sol id waste; and
Liquids resulting from industrial side streams and from agricultural product
processing.
SECTiON !
SHORT TITLE
Model (a)
This Act may be cited as the "Residual Waste Management and Resource Recovery
Incentives Act of (1976).
SECTION I !
DECLARATION OF POLICY
(Findings of Necessity, Purpose, Applicability, Intent of Legislature)
Model (a)
(1) The Legislature of the State finds:
(a) that the people of this state have a constitutional right to a clean
environment and the costs of maintaining a clean environment through
the efficient environmentally acceptable management of residual waste
should be borne by those who use such services;
(b) that municipalities have serious economic, management, and technical
problems in the management of residual waste resulting from residential,
commercial, industrial, agricultural and other activities carried on
in such jurisdictions:
(c) that inefficient and improper methods of managing residual waste
create serious hazards to the public health, cause pollution of
air and water resources, cause accidents and hazards, and increase rodent
and insect vectors of disease, and have an adverse effect on land
values , create public nuisances, and otherwise interfere with comm-
unity life and development;
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(d) that while the management of residual waste is the responsibility
of each municipality, problems of residual waste management have
become a matter statewide in scope and in concern and necessitate
state action through technical assistance and leadership in the
application of new improved methods and processes to reduce the
amount of residual waste and unsalvageable materials and to pro-
mote environmentally acceptable and economical residual waste manage-
ment ;
(e) that the continuing technological progress and improvements in
methods of manufacturing, packaging and marketing of consumer pro-
ducts have resulted in an ever mounting increase, and in a change
in the characteristics, of the mass of material discarded by the
purchaser of such products;
(f) that the economic and population growth of our State, and the im-
provements in the standard of living enjoyed by our population,
have required increased industrial production together with related
commercial and agricultural operations to meet our needs, which have
resulted in a rising tide of useless, unwanted, and discarded mater-
ials; and
(g) that the failure or inability to economically recover material and
energy resources from residual waste results in the unnecessary waste
and depletion of our natural resources.
(2) It is hereby declared to be the purposes of this Act to:
(a) plan for and regulate the storage, collection, transportation, separa-
tion, processing and disposal of residual waste in order to protect
the public safety, health, and welfare and to enhance the environment
for the people of the State;
(b) establish and maintain a cooperative state program of areawide plan-
ning and technical assistance for residual waste management;
(c) provide the authority to, and require that municipalities cooperate to
plan and provide efficient, environmentally acceptable residual waste
management;
(d) require review of the design, and issue permits, for the operation of
residual waste management activities;
(e) promote, through the removal of economic disincentives and by provid-
ing economic incentives, the application of resource recovery systems,
which preserve and enhance the quality of air, water and land resources;
and
(f) promote and assist in the development of markets for recovered and
recycled materials by changing the State commerce, procurement, and
taxation statutes and policies.
SECTION I I I
DEFINITIONS
(For a complete listing of terms and definitions, see the Glossary of Residual
Waste Terms in Appendix A.)
k-2
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SECTION IV
STATE AGENCY AUTHOR!TY/PCWERS/DUTiES
!V(A) Administration of the Act , ,
_ Model(a)
(1) The Department of shall have the responsibility for the
administration and enforcement of this Act. It shall have the power
and its duties shall be to:
(a) administer the State residual waste management program pursuant to
provisions of this Act;
(b) provide technical assistance to municipalities and areawide agencies,
and cooperate with appropriate federal agencies and private organi-
zations in carrying out the duties under this Act;
(c) encourage and recommend procedures for the utilization of self-
financing of residua! waste management systems and inter-municipal
agencies in accomplishing the desired objective of this Act;
(d) promote the planning and application of resource recovery systems
which preserve and enhance, the quality of air, water, and land re-
sources ;
(e) serve as the official State representative for ail purposes of the
Federal Solid Waste Dispose] Act, (P.L. 91~512), or as subsequently
amended, and for the purpose of such other state or federal legis-
lation as has been or may hereafter be enacted to assist in the
management of residual waste.
SUPPLEMENTARY PROVISIONS CO(b)
(1) There is hereby established an agency to regulate the residual waste
management system.
(a) There is hereby established, within the office of the Governor, a
residual waste, management agency. The agency shall consist of nine
members who sha!l be appointed In the manner and shall serve for
terms as set forth in this section.
(b) Five members shall be appointed by the Governor, one from each con-
gressional district, and no more than three members shall be from any
one major political party. Members appointed under this paragraph(b)
shall be for five years. Any vacancies shall be filled by appoint-
ment of the Governor for the unexpired term.
(c) The Governor shall also appoint four members who shall serve at his
pleasure.
(2) The agency enumerated under this Act is vested with authority to:
(a) It shall utilize its own staff for services in the performance
of its duties.
(b) The departments and agencies of state and local government shall make
available to the agency such data and information as are necessary
for it to perform its duties.
(c) The agency may receive and utilize funds from federal or other
governmental agencies and grants and gifts from any other sources.
(d) It shall adopt rules for its conduct and maintain a public record of
its activities, accomplishments and recommendations.
l*-3
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(Alternative Establishment of Agency)
(1) There is established in the Executive Branch of t'-ic. Stave Government, m
agency to be known as the Environmental 'Protection Agency.
(a) This agency shall be under the supervision and direction of the
Director, who shall be appointed by the Governor with the advice
and consent of the Senate.
(b) The Director, in accord with the Personnel Code, shall employ and
direct such personnel, and shall provide for such laboratory and
other facilities, as may be necessary to carry out the purposes of
this Act. In addition, the Director- may by agreement secure such
services as he may deem necessary from any other Department, agency,
or unit of the Stale Government, and may employ and compensate such
consultants and technical assistants as may be required..
(2) The Agency shall have the duties to:
(a) Collect and disseminate such information, accuire such technical data,
and. conduct such experiments as may be required to carry out the pur-
poses of the Act. This includes ascertaining the quantity and nature
of discharges from any contaminant source and data on those sources,
and the operating and arranging for the opercA-icn. of devices for the
monitoring of environmental quality;
(b) Conduct a program of continuing surveillance and of regular or periodic
inspection of actual or potential contaminant sources of public water
supplies and of refuse disposal sites.
(c) Enter at all reasonable times upon any private or public property for
the purpose of inspecting and investigating to ascertain possible
violations of the Act: or of regulations thereunder, or of permits or
terms or conditions thereof, in accordance with constitutional limita-
tions j
(d) Investigate violations of this Act or of regulations adopted there-
under., or of permits or terms or conditions thereof, to prepare and
present enforcement cases and to take such summary enforcement action
as is provided for by this Act;
(e) Administer, in accordance with Title X of this Act, such permit and
certification systems as may be established by this Act or by regu-
lations adopted thereunder;
(f) Require the submission of complete plans and specifications from any
applicant for a permit required by this Act or by regulations there-
under;
(g) Prescribe reasonable fees for perntits required, pursuant to this Act;
(h) Make recommendations for the adoption of regulations;
(i) Represent the State in any and all matters pertaining to plans, -pro-
cedures, or negotiations for interstate compacts or other governmental
arrangements rela.tiny to environmental protection.
(3) State residual waste management and resource recovery policy shall consist CA(a)
of policies, plans, and programs to be established pursuant to Section !l
of this Act.
No provision of this title or any ruling made pursuant thereto is a limit-
ation on any of the following:
(a) The power of a city, county, city and county, or district to adopt
and enforce regulations, not in conflict therewith, imposing consider-
ations, restrictions, or limitations with respect to handling the
disposal of residual wastes.
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(b) The power of a city, county, city and county, or district to declare,
to prohibit, and to abate nuisances;
(c) The power of any state agency in the enforcement or administration of
any provision of law which it is specifically permitted or required
to enforce or administer;
(d) The right of any person to commence and maintain at any time any
appropriate action for relief against a nuisance as defined in the
Civil Code;
(4) All residual waste shall be stored, collected, transported, treated, AL(a)
utilized, processed, reclaimed, recycled and disposed of in a manner
consistent with the requirements of any rules and regulations passed in
accordance with this Act.
IV(B) Technical Assistance
SUPPLEMENTARY PROVISIONS
(1) The aqency shall provide guidelines and technical assistance. CA(a)
(a) The agency shall prepare guidelines for residual waste management
plans and shall provide technical assistance in the preparation, re-
vision and implementation of residual waste management plans.
(b) Until a residual waste management plan of a county or multi-county
area has been approved, any new residual waste transfer station or
disposal sites approved by a city or county after the enactment of
this section shall not commence operations in a city or county with-
out a finding by the agency at a public meeting that the protection
of the public health or public need and necessity, require the
immediate implementation of the sites.
(c) Any site is exempt from this requirement if there is an environmental
impact report notice of completion filed with the State or if a use
permit or approval has been issued for the site by the city or county
prior to the date of enactment of this section.
(d) No person shall establish sites for residual waste disposal, transfer
station, waste processing, or resource recovery not in conformance with
the county residual waste management approved plan. Non-profit private
resources recovery or recycling sites for neighborhood or community
type activities approved by a local governmental entity are exempt
from the requirement. If any local governmental entity determines that
a proposed site in a city or county is not in conformance with the
residual waste management plan of that county, the board may, after
public hearing require conformance to the plan, or approve an amend-
ment to the plan. No person shall establish or operate, or permit the
establishment or operation of a site which is not in conformance with
the plan. At the request of any local governmental entity, the
Attorney General shall bring an action to enforce the provisions of
this article.
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, , MN(b)
(2) The agency shall advise and assist industry and business within the state
in providing and developing packaging and containers consistent with en-
vironmental policies of the State.
(a) The agency shall review new or revised packages or containers. The
agency shall review innovations including, but not limited to, changes
in constituent materials or combinations thereof and changes in clo-
sures. When the agency determines that any new or revised package or
container would constitute a residual waste disposal problem or be
inconsistant with state environmental policies, the manufacturer of
the product shall withdraw it from further consideration until such
time as the manufacturer shall resubmit such product to the agency,
or the agency may, by order made after notice and hearing, prohibit
the sale of the package or container in the state. Any such prohibi-
tion shall continue in effect until revoked by the agency.
(b) The agency shall adopt guidelines identifying the types of containers
and packaging that are subject to its review. Any person may submit
to the agency a sample of a package or container for agency review.
If the agency fails to issue an order prohibiting sale of a package
or container within 120 days after the sample was submitted, the agency
shall not prohibit it thereafter. The agency may, however, for good
cause, order the 120 day period to be extended for an additional
period not to exceed 30 days.
(c) The agency's report to the legislature on progress on abatement of
land pollution shall be supplemented by annual recommendations con-
cerning problems relating to residual waste generation and suggested
remedies, including but not limited to the prohibition of the sale or
use of any package or container.
(Alternative)
(1) The agency is to render assistance. The agency and local health depart- ^°fa}
ments shall render technical advice and services to owners and operators
of residual waste disposal sites and facilities and to municipalities
and counties in order to assure that appropriate measure are being taken
to protect the public health, safety, and welfare. In addition, the de-
partment shall have the duty to coordinate the residual waste program
with all other programs within the agency and with the other agencies of
State and local government which are concerned with residual waste dis-
posal.
SECTION V
PLANNING (STATEWIDE, AREAWIDE, LOCAL)
SUPPLEMENTARY PROVISIONS
(1) Governmental entities are required to submit plans. PA(a)
(a) Each municipality shall submit to the agency an officially adopted
plan for a residual waste management system, or systems serving areas
within its jurisdiction, within two years of the effective date of
this section, and shall, from time to time, submit such revisions of
said plan as it deems necessary or as the
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(c) Every plan, and any revision thereof, shall delineate areas where
residual waste management systems are in existence and areas where
the residual wa*ste management systems are planned to be available
within a ten-year period.
(d) Every plan shal1 :
(i) provide for the orderly extension of residual waste management
systems in a manner consistent with the needs and plans of the
whole area, and in a manner which will not create pollution of
the water or air, nor constitute a public nuisance and shall
otherwise provide for the safe and sanitary disposal of residual
waste;
(ii) take into consideration all aspects of planning, zoning, popula-
tion estimates, engineering and economics so as to delineate with
all practicable precision those portions of the area which may
reasonably be expected to be served by a residual waste manage-
ment sy .,m within the next ten years as well as those areas
where it is not reasonably foreseeable that a residual waste
management system will be needed after ten years;
take into consideration any existing State plan affecting the
development, use and protection of air, water or land resources;
set forth a time schedule and proposed methods of financing the
development, construction and operation of the planned residual
waste management system together with the estimated cost thereof;
(v) include a provision for periodic revision of the plan; and
(vi) include such other information as the department shall require.
(e) The plan shall be reviewed by appropriate official planning agencies
within a municipality including a planning agency with areawide juris-
diction, if one exists, and the county planning for the area and all
such reviews shall be transmitted to the agency with the proposed
pi an.
(f) The agency is hereby authorized to approve or disapprove plans for
residual waste management systems submitted in accordance with this
Act. Any plan which has not been disapproved within one year of
the date of its submission shall be deemed an approved plan. In
case any plan is disapproved, a hearing shall be held thereon before
the agency within fifteen days after request therefore is made
by the municipality, municipalities, county or authority whose plan
is disapproved.
(g) The agency may establish priorities for the time within which plans
shall be submitted and may, in appropriate cases, recommend the
submission of joint plans.
(h) The agency may institute an action in mandamus in a court of general
jurisdiction of the county in which the municipality is located to
compel municipalities to submit plans in accordance with this Act and
the rules, regulations and procedures of the agency.
(2) Public participation is encouraged. CA(c)
(a) The planning must take into account the need for the public to parti-
cipate. There shal! be public participation during development of
the plan. This may be achieved through appointment of a task force
or steering committee composed of city and county representatives,
citizen groups, or members of the local residual waste industry to
assist in developing the plan. Public hearings regarding the plan
shall be held by the responsible entities.
(b) The public must be kept informed regarding how the plan operates.
The general public shall be kept fully informed through the news
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media or other suitable means during the development process of the
plan in order to instill an awareness of the extent to which resi-
dual waste management practices may enhance the environment, pro-
tect the public health and reclaim valuable resources.
(3) The plan must be compatible with existing comprehensive plan.
(a) The plan shall be compatible with any general plan and its appro-
priate elements such as, but not limited to land use, circulation,
public service, conservation and open space".
(b) A plan shall not supersede plans of any local jurisdiction unless
there is agreement by the local jurisdiction and the county or
counties concerned.
(c) Take into account the comprehensive land use plan of each jurisdic- WA(a)
tion.
"Some states permit new landfills irrespective of existing zoning,
other states require conformanoe to existing zoning.
SECTION V I
COMPLIANCE/ENFORCEMENT AGENCY
Model(a)
(1) The agency shall have the responsibility to: prepare, adopt, promulgate,
modify, repeal and enforce rules and regulations governing residual waste
management systems to conserve the air, water and land resources of the State,
protect the public health, prevent environmental pollution and public nuisances,
establish the procedures for permit application, review and issuance, prepare,
issue, modify, revoke and enforce orders, after investigation, inspection,
notice and hearing, prohibiting violation of any of the provisions of this
Act or of any rules and regulations issued pursuant thereto and requiring the
taking of such remedial measures for residual waste management as may be nec-
essary or appropriate to implement or effectuate the provisions and purposes
of this Act.
SUPPLEMENTARY PROVISIONS
(1) Action to enforce regulations or orders are authorized by this Act. OR(a)
(a) The agency may take whatever action is appropriate for the enforce-
ment of its regulations or orders.
(b) The Attorney General is similarly empowered to enforce this Act ll(a)
by an action for mandamus, injunction or other appropriate judi-
cial relief.
(c) The agency may institute proceedings to enforce compliance with or OR(a)
restrain violations of this Act, or any rule, standard, permit
or order adopted, entered or issued pursuant to this Act.
• In any civil action brought pursuant to this Act in which a temp- CA(h)
orary restraining order, preliminary injunction, or permanent in-
junction is sought, it shall not be necessary to allege or prove
at any stage of the proceeding that irreparable damage will occur
should the temporary restraining order, preliminary injunction, or
permanent injunction not be issued, or that the remedy at law is
inadequate, and the temporary restraining order, preliminary injunc-
tion or permanent injunction shall issue without such allegations
and without such proof.
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(Alternative)
(") tin for cement powers arg established by this Act.
(a.) The aocncy may tc.ks whatever action is appropriate for the enforcement
of its rules OP orders.
(b) Whenever a violation creates an emergency which requires irunetiate action
tc nroiect public: health, safety or welfare, the agency shall institute a
proceeding it law or i*i eauity In the name of the State to r^st^ain the
threatened :~.r existing pollution of the air of the State or the waters of
the Stave, the creation of a health or other serious hasafa, OP the erec-
tion of a public nuisance, due to such violation. The agency may act
undsr this section without the necessity cf a prior administrative pro-
ceeding or hearing and entry of an order, or at any time during an admii-
isirative proceeding if a proceeding has been commenced.
(c) /£ the cine of instituting a proceeding under the above section, the aocncii
must file one or more affidavits supporting the relief applied for, to-
getter with a shot'} jause order directed tc the defendart. On the day
the proceeding is instituted or on the aay following, the court shall
•Issue the show cause order, reauiring the defendant to appear at a time
and place specified in the order and to show cause, if any, why the re-
lief applied for should not be granted. The complaint, together with int.
affidavit and a show cause order, shall be seroed, on the defendant as •-,'
summons. The time for the appearance of the defendant may submit counter-
affidavits and both Parties may submit such additional eridence as ma'j uc
appropriate. Prior 1c the trial a temporary restraining order, tempoi'cry
injunction 0* abatement order may be entered pending finaL determination
of the matter ifter a trial on the merits. The hearing on the show cuu.ce
order shall -jonstttute a trial on the merits of the case, fin appeal n'C-<
be takf.n ir Hie usual manner, but there shall be no stay of the order of
the court on appeal. The agency shall not be required to furnish any bona
in such a rroeeeding.
(2) The agency shall hoid investigations; shall make findings; sna!i issue
orders; shall provide notice and judicial review.
(a) Whenever the agency believes that any disposal site or its 0«.,cl
operation is unsafe, or not in compliance with rules or orders,
It may upon its own motion investigate the operation of the dis-
posai s i te.
(b) The agency shall establish and operate a monitoring and sur-
veillance program over all disposal sites or may contract with any
qualified public or private agency to do so. Licensees must allow
neressary access to the disposal site and to its records, including
tho'>e required by other public agencies for such program to operate,
(c) ff such invest igac ion discloses that a violation may exist, the _ county in which the offending activity occurr-
ed that has requested notice of enforcement proceedings.
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(3) Any person may file with the agency a complaint, meeting the requirements
of^sub-section (a) of this section, against any person allegedly violating
this^Act or any rule or regulation thereunder or any permit or term or
condition thereof. Unless the agency determines that such complaint is
suplicitous or frivolous, it shall schedule a hearing.
SECTION V I I
OPERATION A>;D FINANCING OF AREAW1DE PLANS
SUPPLEMENTARY PROVISIONS
(1) The agency is authorized to make, issue and appropriate grants in aid. PA(a)
(a) The agency is authorized to assist counties, municipalities, and
authorities by administering grants to pay up to percent of
the costs of preparing official plans for residual waste management
systems in accordance with the requirements of this Act and the rules,
regulations and standards adopted pursuant to this Act, and for
carrying out related studies, surveys, investigations, inquiries,
research and analyses.
(b) All grants shall be made from funds appropriated for this purpose
by the legislature.
(c) Any municipality may elect to be governed by the provisions of this
Act or to establish with other municipalities a^eawide waste disposal dis-
tricts subject to the provisions of this Act, and such municipality or
area shall thereby become eligible for grants under this section.
{Alternative #2)
(1) The agency mat, in the name of the State make OT contract Co make, uiith- NY (a)
in the 'limitation of the appropriations therefor, a state grant for
payment during any of bh? ten successive fiscal year's, to any municipality
or to tu'o or more municipalities Jointly to cover the entire cost for the
preparation of a comprehensive study,
(A I terna tive Jr?J
(1) The county may levy taxes for residual waste managsment purposes upon MN(a')
all taxable property within the county, which shall not affect the
amount or rate "f taxes which may be levied for other county purposes.
The county may issue general obligation bonds for the acquisition or MN(d)
better-merit of facilities for the program, or for refunding outstanding
general obligation bonds issued for this purpose.
(Alternative #3)
(1) The agency shall determine priorities and allocate available funds among WA(a)
the counties and cities applying for aid according tn criteria esta-
blished by regulations of the department considering population, urban
development, environmental effects of waste disposal, existing waste
handlina practices, and the local justification of their proposed expend-
itures.
The counties and cities si-tall match their planning aid allocated by the
director by an amount not less than percent c" the estimated cost
of such planning. Any federal planning aid made directly to a, county
or city shall not be considered either a state or local contribution
in determining local matching requirements. Counties and cities may meet
their share of planning costs by cash and contributed services.
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SECTION VI I I
AREAWi DE/MUNIC i PAL AUTHORITY - MANAGEMENT
vn i (A) j
SUPPLEMENTARY PROVISIONS PA (a)
(1) Local municipalities shall comply with the. provisions of this Act.
(a) Each municipality or combination of municipalities shall survey the
residual waste management practices within its boundaries and pre-
pare a residual waste management plan co be compatible with the state
plan. The plan will provide 10- and 20-year qualitative and quanti-
tative projections of the residual waste expected to be generated
within the jurisdiction frorr, residential, commercial, industrial
and agricultural sources, and shall be submitted to the department
for its review and approval prior to its local adoption and imple-
ments t ion .
(b) Each municipality snail adopt ana implement the comprehensive resi-
dual waste management plan.
(c) Municipalities with contiguous territories within or adjacent to this
State may, by ordinance or contract, join Jn an inter-mun ic i pa! area-
wide residua! waste management agency.
(i) All municipalities entering into such an areawide residual waste
management agency agreement shall not withdraw therefrom during
the term of such agreement,
(ii)All proposed agreements under this section must be submitted to
and approved by the agency prior to enaccmesit.
(2) The legislative body of a municipality not participating in sn inter-
municipal residual waste management agency shal) :'orm a residual waste
management agency to serve the area within its boundaries.
(a) Any two or more cities5 towns or counties or other public agencies OK(a)
may enter into agreements with one another far joint or cooperative
action pursuant to a residual waste manogemeni: system. Any such
agreement shall specify the following:
( i } its J u ra t i on ;
(ii) the precise organization, composition and nature of any sepai —
ate legal or administrative entity crested thereby together
with the powers delegated thereto;
(iii) its purpose or purposes;
(iv) the manner of financing the joint or cooperative undertaking
and of establishing and maintaining a budget therefor;
(v) the permissible methods to be employed in accomplishing the
partial or complete termination of the agreement; and
(vi) any other necessary and proper matters.
(3) Each governmental unit may operate and maintain residual waste disposal
facilities, and for this purpose may employ all necessary personnel, may
adopt regulations governing the operation thereof, may establish and
collect reasonable, non-discriminatory rates and charges for the use thereof
by any local government unit or person. Such moneys shall be used to pay
all costs of acquisition, operation and maintenance of the facility.
(a) Each qovernmental unit may contract with any person for the operation
and maintenance by such person of any residual waste facility, buch
contract shall provide for the operation and maintenance of such
facility in accordance with any regulations of the agency, council
and the county relating thereto.
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(b) Each governmental ..in < t mjy also adopt ordinances governing the opera-
t:on of residual waste f-ic; lilies by any local government ur.it or
person. Such ordinances shal ' be consistent with applicable regula-
tions adopted by the agi-r c> . The governmental unit nay prescribe a
penalty for the violation of any such ordinance not exceeding the maxi-
'num which may be. spccIFic-d foi a misdemeanor.
(c.) Each gov^nments) ur.J- rrgy ;,,ct under any -iDpropr i ate law providing for
joint or cooperative ?cf':>ri between government units, to accomplish
any specific purpose.
(d) Fach governmental ur i t n^y sell or lease siv property rights, land,
buildings, itruct ores or equipment previously used or acquired for
residual waste disposal purposes. Each governmental unit may convey
to or permit the 'jse of any such property iv/ a local government unit,
vvitri ct without comper,s=>t ion , without submitting the matter to the
voters o4' the count".'.
(e) All moneys received by any governmental (mil: from any residual waste
facility shall be o^ id info the county treasury, placed in a special
fund desiqnatej as ;-r,e r oi'vcy residual waste disposal fund. Such
money s are. to DP usKd only for the operation of the residual waste
jOtinagement sv^tem,
V i ! ! (B) Ei
(t) A county or a city Tay acquire .-.-;al or persona) property through the OR(a)
exercise of the pov/er of etnirient domain for the purpose of operating and
maintaining disposal sites. W-th the consent of the city involved, a
county may acquire propvty for a s;t:e within the limits of s city. With
the consent of a county havl.ig jurisdiction, a city nay acquire property
for a iite CJtsfde the- i '.\n\ L:-. of the city.
(2) Before instituting jn\ c >nde"nnation proceedings to obtain necessary real CT(b)
property, the authority *. naM have made diligent efforts to obtain ssid
property by purcnase or other means satisfactory to the authority a.nd shal!
have ruled, by resolution, that in its judgment the property is not other-
wise obtainable save through condemnation proceedings.
(a) Any condemnation proceedings of "he authority shall be brought >n
acc.ctdance with established administrative and judicial procedures.
(3; Unless the property to be co*v1emr-ed is located in ^n area zoned industrial,
or in an area dt or COHTIOUOUS to an existing residual waste facility or
waste disposal area, th= authority shall, before proceeding with condemna-
tion, first receive the written consent of the municipal authority having
juri sdict. Ion. *
(4) Where ~-i person entitled to an award in proceedings to condemn any real pro-
uerty reniains in ncsse.ss'on of -;^id property after title Js vested In the.
condemnor, the reasonable value of his u-se and occupancy of such property
after title has been vested, or after any other time as fixed by agreement
or by a determination of the court, shell be a Hen against sur.h award.
have different
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SECTION IX
ESTABLISHMENT OF RESIDUAL WASTE DISPOSAL SITES
IX(A) Criteria Used to Determine
Location of Sanitary Landfill
SUPPLEMENTARY PROVISIONS
(1) A permit will be obtained for new or expanded waste disposal sites. C0(a)
A soils, geologic and groundwater report of the characteristics of the
proposed site shall be included as required by the agency. This report
shall be based on a geological investigation and on a published standard
soil survey or equivalent data and shall encompass the criteria below:
(a) A sufficient number of borings or wells shall be drilled to deter-
mine the soil, geology and groundwater conditions. These may be
supplemented by excavations where appropriate.
(i) Borings or wells shall be drilled five feet into the groundwater
or bedrock or 20 feet below the bese of the proposed landfill,
whichever is shallower.
(ii) One boring or well shall be drilled near the point of highest
elevation, ten feet into the groundwater.
(iii)A minimum of one groundwater quality monitoring well shall be
drilled in each dominant direction of groundwater movement.
Location of monitoring wells shall be approved in advance of
drilling by the agency groundwater geologist.
(b) Each site shall meet with the approval of the agency.
(c) Topographic maps shall be provided and shall include as a minimum
the following:
(i) Borrow areas.
(ii) Location of public and private water supplies, wells, springs,
streams, swamps or other bodies of water within one-fourth of
one mile of the proposed landfill site property lines.
(d) Certain factors may serve to limit normal sanitary landfill operations
and information pertaining to these factors shall be included as
follows:
(i) Location of underground and surface mines within one-fourth of
one mile of the proposed landfill site property lines and maps
showing the extent of deep mine workings, elevation of the mine
pool and location of mine pool discharges.
(ii) Location of gas and oil wells.
(iii)Location of high-tension power line right-of-ways.
(iv) Location of fuel transmission pipeline right-of-ways.
(e) Each map shall be accompanied by the following:
(i) Typical cross-sections of lifts, dimensions and elevations of
the base 1 i fts.
(ii) Grades required for proper drainage of lifts.
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(2) Criteria shall be complied with to prevent any possibility of groundwater
pol1ution.
(a) To assure that there is no risk of free flow to groundwater, sites
with less than six Feet of fine soil over limestone or other fissured
rocks, or coarse sand and gravel shall be considered unsuitable.
(b) A site with six or more feet of fine soil over limestone or other
fissured rocks, or coarse sand and gravel, is classed in the: range
of limited suitability.
(c) Depth to the seasonal high water table shall be increased by at
least six Feet for each additional lift depending on the character
of the earth material.
(d) The site shall not have a flooding hazard of greater frequency than
once in 50 years,
(e) The site sha'l be designed and operated in a manner which will control
surface water percolation.
(f) Direct fill into water or flood plain shall not be permitted.
(g) Effective drainage of surface water shall be provided.
(i) Provisions shall be made to manage surface water at the sanitary
landfi11 s i te.
(ii)The grading of the final surface of the fill area shall provide a
slope of not less than 1.0% but not exceeding 15%, except as
approved by the agency.
I X ( B ) C 1 a s s i f ications_ of Residual Waste
D i sposa 1 S i tes _j*Note: Classifications oF Waste
on Page j-t-l'S)
SUPPLEMENTARY PROVISjQMS CA(f)
(1) Class I Disposal Sites are those at which complete protection is provided
for all time for the quality of ground and surface waters from all wastes
deposited therein and against hazard to public health and wildlife resources.
(a) Geological conditions are naturally capable of preventing vertical
hydraulic continuity between liquids and gases emanating from the
waste in the site and usable surface or groundwaters.
(b) Geological conditions are naturally capable of preventing lateral
hydraulic continuity between liquids and gases emanating from wastes
in the site and usable surface or groundwaters, or the disposal area
has been modified to achieve such capability.
(c) Underlying geological formations which contain rock fractures or fissures
of0questionable permeability must be permanently sealed to provide a
competent barrier to the movement of liquids or gases from the dis-
posal site to usable water.
(d) Inundation of disposal areas shall not occur until the site is closed
in accordance with requirements of the regional board.
(e) Disposal areas shall not be subject to washout.
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(f) Leachate and subsurface flow into the disposal area shall be contained
within the site unless other disposition is made in accordance with
requirements of the regional board.
(g) Sites shall not be located over zones of active faulting or where other
forms of geological change would impair the competence of natural fea-
tures or artificial barriers which prevent continuity with usable
waters.
(h) Sites made suitable for use by rnan-made physical barriers shall not
be located where improper operation or maintenance of such structures
could permit the waste, leachate, or gases to contact usable ground
or surface water.
(i) Sites which comply with a, b, c, e, f, and g, but would be subject to
inundation by a tide or a flood of greater than 100-year frequency
may be considered by the regional board as a limited Class I dis-
posal site.
(2) Class II Disposal Sites are those at which protection is provided to water-
quality from Group 2 and Group 3 wastes. The types of physical features and
the extent of the protection of groundwater quality divides Class II sites
into the two following categories:
(2.1) Class 11-1 sites are those overlying usable groundwater and geologic
conditions are either naturally capable of preventing lateral and
vertical hydraulic continuity between liquids and gases emanating
from the waste in the site and usable surface or groundwaters, or
the disposal area has been modified to achieve such capability.
(2.2) Class II-2 sites are those having vertical and lateral hydraulic
continuity with usable groundwater but for which geologicai and
hydraulic features such as soil type, artificial harriers, depth
to groundwater, and other factors will assure protection of the
quality of usable groundwater underneath or adjacent to the site.
(a) Disposal areas shall be protected by natural or artificial features
so as to assure protection from any washout and from inundation which
could occur as a result of tides or floods having a predicted fre-
quency of once in 100 years.
(b) Surface drainage from tributary areas shall not contact Group 2 wastes
in the site during disposal operations and for the active life of
the site.
(c) Gases and leachate emanating from waste in the site shall not unreason-
ably affect groundwater during the active life of the site.
(d) Subsurface flow into t!ir site and the depth at which water soluble
materials are placed shall be controlled during construction and
operation of the site to minimize leachate production and assure
that the Group 2 waste material will be above the highest anticipated
elevation of the capillary fringe of the groundwater. Discharge
from the site shall be. subject to waste discharge requirements.
(3) Class III Disposal Sites are those at which protection is provided to water
quality from Group 3 wastes by location, constiuction and operation which
prevent erosion of deposited material.
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Classification of Wastes Discharged to Land
Group 1 Wastes: are wastes which consist of or contain toxic substances
and substances which could significantly impair the quality of usable
waters.
Group 2 Wastes: are wastes which consist of or contain chemically or
biologically decomposable material which does not include toxic sub-
stances nor those capable of significantly impairing the quality of
usable waters.
Group 3 Wastes: are wastes which consist entirely of non-water soluble,
nondecomposable inert solids.
SECTION X
PERMITS
SUPPLEMENTARY PROVISIONS urtnri , x
MODEL(a)
(1) The aqency is hereby authorized to issue permits for residual waste
management facilities and systems, including design, operation, mainten-
ance, substantial alteration, modification or enlargement. All such
permits shall be nontransferable, shall be for a specified term of years,
and shall be subject to the fees established by the agency. All such
permits so issued shall be conditioned upon the observance of the laws
of the State and the rules and regulations authorized herein.
(2) Each permit holder shall apply for the renewal of each permit held not more
than days prior to the expiration date of each permit to be renewed and
shall tender with the application and a non-returnable fee as established by
the agency.
(3) Each permit application and each permit renewal application shall be sub-
mitted with proof of a performance bond, in a sum established by the
agency, payable to the State and conditioned on the fulfillment by the
permit holders of the requirements of this Act and the rules and regula-
tions authorized herein.
SUPPLEMENTARY PROVISIONS
(1) It shall be unlawful for any person, municipality, county or authority PA(a)
to use or continue to use their land or the land of any other person,
municipality, county or authority as a residual waste processing or dis-
posal area of a residual waste management system or transport residual
wastes without first obtaining a permit from the agency; provided that this
section shall not apply to farmers and they shall not be required to obtain
a permit for normal farming operations.
(a) The statement shall contain such information as may be prescribed
by the agency.
(b) No statement shall be approved by the department when in the op in- NJ(a)
ion of the department such residual waste collection or disposal
system or operation will not meet the standards or criteria set
forth in regulations as may be promulgated under authority of this
Act.
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(2) Permits under this Act •>*"!« 11 not be '"squired tor tre '."oHc-io, > ny faci!'- CT(c)
t ies:
(a) Residual waste facilities at which less than Five (5) tons per year
of solid waste are processed or disposed of provided that Hazardous
or toxic waste is not disposed of at tht. area,
(b) Areas for the dispcs?! of clean till w,hich do nor pollute a round and
surface waters of the State.
(3) Arty person, municipal authority or regional authority who bin Ids. establishes
or alters a residual waste facility must abeam a permit.
(a) Each application shall include all information required by the most
current regu >at ion;, or c.uide lines published !;•, the ager.cv regard'ng
such facility; however, nothing in these re-/ .i:ions shall preven:.
the agency fron- requesting additional infor'.,j'.' on concerning api appli-
cation if it deteminei th.it sucn additions? "iFcrmation is necessary.
(b) For purposes of pernii c appl icdt ion, the ani M«.'; shall cK'^-s i'.:y residual
waste disposal areds. Such classification ma/ include, but need not
he limited JT the foi lowing c;chenie;
(i; existing resid'ja! waste dispose1! areas where no i?\pan: ion wi ! 5
take place;
\ii) existing residual waste disposal crczz where expansion w; i I ta'.e
place;
(i i i }exi s t i fig residual waste 'jreas whi.h w'H be. closed within one year
of the date: of these regulnt ions,
(iv) new residua! waste disposal areas '• c •<: Darrni ttsd after satisfac-
tory review and approval of an app! ', . •').: ' >r,,
{c} Information req^red by the agency shal : iepe'.id upon L!:C c !•:!£. 5 of the
residua! waste disposal areas, Such i r, <".•->••,.;-, i icn shal! be out 1 ir,p-J in
guidelines prepared b/ the agency.
(^) The agency :nay impose any reasonable condi t it-n^ upon an approval ct" ^ residua*
waste faci I i t.y.
(5) The holder of a permit May net transit.!- :t wi tociut p; ior written perniissir'T
of ihe agency.
(6) A disposal site shall not be operated, nia inl \Vi ned or sut-staru fa' 1 v alter- ORjaj
ed, expanded or lmpr(;ved, and a change shall not be made in r^e me r hot! or
type of disposal at a disposal site, unt M the pc-r^on owuiiiq or control I :no
the disposal sic« obtains a oerinit th-?.rivfor froro the agenc-:',
(a) An application shall con Loin a descr^pr'on of the exsstir.g and pro™
oo^ed operation and the existing anrl proposed faci1 ' ties at Ihf .lit-:,
with detalleJ plans and 5;oeci fical ions t'o." any faci !• "ies t.c r.e con-
structec,
(b) Plans, designs and relevont data for the construction ,v allcra.ion PA(i.i)
of residual waste processing and dispos.?! f-nci 1 11 ier. and chf loca-
tion of residual wante process i ig ahd disposal areas sha; I be p* ep£.«rs.-d
by a registesed profess ionol enqinerr an^ slvil 1 be sut'iri ct.rid to "he-
agency for approval prior to the construct io*1, ~ilt::rarioM or operacicn
of such facility or ^griculturs! purposes ?n a Manner which w'i1 not
create a public health hazard or poHu1.i c '<: the 3 \ c or water
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(7) Any permit granted by the agency, as provided in this Act, shall be re-
vocable or subject to suspension at any time the agency shall determine
that the residual waste processing or disposal fjcMity or area:
(a) is, or has been conducted in violation of this Act or the rules, regu-
lations, or standards adopted pursuant to the Act;
(b) is creating a public nuisance;
(c) is creating a health hazard; or
(d) adversely affects the environment or economic development of the area.
SECTION X!
STANDARD IZATION
Xi (A) Requi re.7ii. :ti, and Prohibitions
SUPPLEMENTARY PFiOV I S IONS
(')) Agency approval is required to operate a waste management facility. CA(c)
Each operator of a residual waste management system shall, in order to
continue operation, obtain written approval from the Enforcement Agency
having jurisdiction. In issuing such approval, any conditions necessary
to achieve compliance with standards or a county plan shall be specified.
Such conditions are to he stated in the written approval. Facilities which
were in operation prior to trie effective date of these standards shall be
granted approval to continue .iperation if tne Enforcement Agency determines
that the station reason
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(k) It shall be unlawful for any person, municipality, county, or authority
to:
(a) Dump or deposit or permit the dumping or depositing of any residual
waste onto the surface of the ground without having obtained a permit.
(b) Construct, alter or operate a residual waste processing or disposal
facility or area of a residual waste management system without' a permit
or other approval from the agency or in violation of the rules, regula-
tions, standards, or orders of the department.
(c) Store, collect, transport, process or dispose of residual waste con-
trary to the rules, regulations, standards or orders of the agency or
in such a manner as to create a public nuisance.
(d) Refuse or hinder entry and inspection by an agent or employees of the
agency after such agent or employee identifies himself and giv?s
notice of his purpose.
XI (B) Variances
(Exceptions, Exemptions, "Grandfather Clause")
SUPPLEMENTARY PROVISIONS
(1) Waivers or rnodificat ion of individual mandatory standards may be made CA(c)
only by the agency upon recommendation of the Enforcement Agency and the
local land use authority having jurisdiction. Waivers shall be granted
only to relieve hardships, or to facilitate experimental operations in-
tended to develop new methods or technology. Waivers or modifications
for experimental operations will be considered oniy upon submission of an
acceptable detailed proposal which clearly sets forth the objectives,
goals, procedures, controls, monitoring, reporting time frame, and
other pertinent data regarding the experiment, providing that no signi-
ficant health, safety, or environmental hazards or public nuisances will
be created. Such modifications or waivers shall be limited to a maxi-
mum of two year;*; however, the agency may renew the waiver or modification
for one or more additional two-year periods upon a showing that the ex-
perimental operation is proceeding satisfactorily arid requires additional
time to permit valid conclusions to be drawn regarding the results of the
experiment, Waivers involving health-related standards shall be granted
only with concurrence of the department of health. Upon successful con-
clusion of the experimental operation the agency can grant a permanent waiver
of an Individual mandatory standard.
(1) The agency may issue and grant annually an exemption if in his .judg-
ment no nuisance, or hazarc to public health or- the environment shall
b? created. Any exemption hereby authorized shall expire and become
Vend if by reason of said exemption the operation of a disposal area
shall be or become a nuisance o» hazard to public health o\> the environ-
ment, or contravene any $revision of this Act.
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(Alternative #2)
(i) Mod! fi a.': lion of existing piles, facilities, and operating pr'jcodur-cs WA(b)
for conformanje with the requirements of this Ast shall be accomplished
as pf'irobi-ij as possible and in eonformance to the county or regional,
residual waste. management plan. When the degree of necessary inrorove-
>nent is of such an extent that immediate compliance cannot be acco'n-
pushed, special approval shall be requested from r~k& ule_, NJ('b)
'i'f'^v.la.tlcn or c<.6ninistral-;.T"? order promulgated hereunder,, or uho shall
ew,.;.£ i-"i the residual Wats collection 'business or residual uasto dis-
poi-cl business s.jitnouL ho.vinc: been issued a certificate, of public con-
'vt-iL-t^ncc dful '••.eazs hi ti,, shall be liable to a penally of nor- ;-tore than £ _____
f'-r a fir 3-1 offense, not less than $ or more than 6' ___ _____ for- a second
and er.erv i-iubss^uenf: offense. The penalties herein provided shall be w-
f'n-:rd b": 'r.K^tiaTj 'jroceeiincji'. Instituted hj the aacncy in tne name of the
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(Alternative #2)
(1) In addition to any liability, duty, or other penalty provided by law, the OR(b)
agency may assess a civil penalty for any violation pertaining to residual
waste management. The amount of such civil penalty shall be determined
consistent with the following schedule:
(a) Not less than one hundred dollars ($100) nor more than five hundred
dollars ($500) for violation of an order of the agency.
(b) Not less than fifty dollars ($50) nor more than five hundred dollars
($500) for any violation which causes, contributes to, or threatens:
(i) a hazard to the public health or safety;
(ii) damage to a natural resource, including aesthetic damage and
radio-active irradiation;
(iii) air contamination;
(iv) vector production;
(v) exposure of any part of an ecosystem to environmentally hazardous
wastes, as defined by statute or rule of the agency; or
(vi) a common law public nuisance.
(c) Not less than twenty-five dollars ($25) nor more than three hundred
dollars ($300) for any other violation.
XI I(B) Inspections
SUPPLEMENTARY PROVISIONS
(1) Any authorized official of the agency or the local Enforcement Agency CA(c)
may make inspections of any facility, equipment or vehicle used for
storage, collection, transportation, processing, disposal or reclama-
tion of residual waste, as are necessary to insure compliance with these
regulations.
• Entry shall be made at any reasonable time for the purpose of WA(b)
determining compliance with this Act and relevant laws and regula-
tions.
SECTION XIII
JUDICIAL AND ADMINISTRATIVE PROCEEDINGS
SUPPLEMENTARY PROVISIONS *
(1) All oral evidence and testimony given at the hearing shall be recorded OK(b)
and transcribed. All written evidence and testimony shall be included
as appendices to the transcribed proceedings. A copy of the transcript
of such proceeding may be obtained from the agency upon request and pay-
ment of the costs for making such copy.
(2) Prior to the adoption of state policy for residual waste management, the CA(a)
agency shall hold a public hearing respecting the adoption of such policy.
At least days in advance of such hearing the board shall give notice
of such hearing by publication.
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(3) Any appeal of the application of any local rule or regulation promulgated
pursuant to these standards must be first heard by the local governing
body. If the appeal has been denied by the local governing body, the
agency may hear the appeal. The agency may hear only those appeals which
allege that the application or enforcement of any local rule or regulation
promulgated by the local governing body is an inconsistent, erroneous or
unlawful application or enforcement of these standards. Such petitions
will be filed in accordance with the requirements of the agency and must
be acted upon within a period of , days after period of receipt.
The agency will have the authority to confirm the action taken by the
local Enforcement Agency, require that the local Enforcement Agency re-
consider the action they have taken, or the agency can set aside any
action taken by the local agency and adopt those actions deemed necessary.
(4) All records of the appeals hearings shall be open to inspection by CA(c)
the public.
(5) The agency, after reasonable notice and public hearing, shall temporarily C0(a)
suspend or revoke a certificate of designation that has been granted by
it for failure of a site and facility to comply with all applicable laws,
resolutions, and ordinances or to comply with the provisions of this Act or
any rule or regulation adopted pursuant thereto.
• Those counties desiring to do so, may, pursuant to their permit MN(f)
processing authority revoke permits. In order for the county to
revoke a permit:
(i) The agency shall approve or reverse the revocation;
(ii) The county must receive written approval of the permit revoca-
tion from the agency;
(iii) Where a revocation has been approved by the agency, the appli-
cant must be informed in writing by the county of the reasons
for denial or revocation;
(iv) A revocation of a permit by a county shall be without prejudice
to the applicant's right to an appearance before the agency
within days, or for filing a further or new application
with the county after revisions are made to meet objections
specified as reasons for revocation.
(6) If the agency refuses to grant a permit, the applicant may petition IL(a)
for a hearing before the agency to contest the decision. The agency
shall give day notice to any person in the county where is located
the facility in issue who has requested notice of enforcement oF pro-
ceedings, and shall publish that day notice in a newspaper of general
circulation in that county. The burden of proof shall be on the petition-
er. If there is no final action by the agency within days, petition-
er may deem the permit, issued under this Act.
• Any party adversely affected by a final order or determination of
the agency may obtain judicial review, by filing a petition for
review within days after entry of the order or other
final action.
4-2.2
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(Alternative)
(7) Whenever the agency denies a permit or suspends a permit, it shall, WA(a)
upon request of the applicant or holder of the permit, grant a hearing
on such denial or suspension within thirty days after the request therefor
is made. Notice of the hearing shall be given all interested parties.
Within thirty days after the hearing, the agency shall notify the appli-
cant or the holder of the permit in writing of his determination and
the reasons therefor. Any party aggrieved by such determination may
appeal to the agency by filing with the director a notice of appeal
within thirty days after receipt of notice of the determination of the
agency.
SECTION XIV
SITE CLOSURE (COMPLETION, ABANDONMENT)
SUPPLEMENTARY PROVISIONS
(1) Upon closing of residual waste facilities requirements shall be complied CT(c)
wi th.
(a) If an owner or permittee intends to close a residual waste disposal
facility, he must notify the agency of his intention to do so at
least days prior to the closing.
(b) When closing a residual waste disposal area, the permittee shall
comply with the regulations governing such closing:
(i) concerning grading and seeding;
(ii) concerning final cover;
(iii) concerning vector control; and
(iv) concerning decomposition gases.
(c) The agency may require additional construction or information submitted
to insure the proper closing of any facility so as to preserve and
protect the natural resources and environment of the State.
(d) The agency shall cause to be inspected all residual waste facilities
that have been closed to determine if the closing is complete. It
shall notify the owner of a closed residual waste facility if the
closing is satisfactory.
(e) Information concerning the use of the site following closing shall
also be submitted to the agency for its approval.
(f) The owner or operator of sanitary landfill site shall monitor gas,
water and settling at the completed site for a period of years
after the site is completed or closed. The owner or operator shall
take whatever remedial action is necessary to abate any gas, water
or settling problems which appear during the three year period.
(g) The owner or operator shall file a detailed description of the site,
including a plat, with the appropriate county land recording author-
ity for the county in which the site is located.
SECTION XV
REUSE, RECYCLE, RECOVERY, INCENTIVES
SUPPLEMENTARY PROVISIONS
(1) Recommended incentives are identified as consisting of:
(a) State grants, loans, and other assistance, and disincentives, to ^a'
public agencies and private organizations, and individuals necessary
to accelerate the reclamation and recycling of resources from
wastes.
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(b) The effects of existing public policies, including subsidies and
economic incentives and disincentives, percentage depletion allow-
ances, capital gains treatment, and other tax incentives and dis-
incentives, upon the recycling and reuse of solid wastes, and the
likely effects of the modification of elimination of such incentives
and disincentives upon the reuse, recycling, and conservation of such
resources.
(c) The advantages and disadvantages, and methods of imposing, disposal
taxes on packaging, containers, vehicles, and other manufactured goods,
which charges would reflect the cost of final disposal, the value of
recoverable components of the item and any social costs associated
with the nonrecycl ing or uncontrolled disposal of such items.
(2) A user fee of 15 cents per cubic yard shall be levied on residual waste MM (a)
materials disposed at a permitted landfill. Except that no fee shall
be levied against a company for by-product materials produced by its manu-
facturing, construction, power-generating or mining processes when such
materials are disposed of at the company's private disposal facility.
Such charge shall be collected from the operator of the facility by the
state commissioner of taxation in a manner determined by him. Proceeds
of such disposal charge shall be paid to the general fund of the state
treasury. Any contract in effect, if the parties to the contract mutually
agree, may be renegotiated to reflect increased costs due to the user fee
imposed by this section. The exemption shall terminate upon expiration of
the contract. If a party to such a contract, after a good faith attempt
to renegotiate the contract, is unable to do so and the contract will con-
tinue in effect, exempt from the user fee imposed by this section. The
operator of residual waste disposal facility may require such a party to
display his certificate of exemption at the operator's request.
(3) Reusable/Deposit type of containers are encouraged to be used. Specific
practices are required of dealers and distributors. R(a;
(a) A dealer shall not refuse to accept from any person any empty
beverage container of the kind, size and brand sold by the dealer,
or refuse to pay to that person the refund value of a beverage con-
tainer.
(b) A distributor shall not refuse to accept from a dealer any empty
beverage containers of the kind, size, and brand sold by the distri-
butor, or refuse to pay the dealer the refund value of a beverage
container.
(c) To promote the use in this state of reusable beverage containers of
uniform design, and to facilitate the return of containers to manu-
facturers for reuse as a beverage container, the agency shall certify
beverage containers which satisfy the requirements of this section.
SECTION XVI
ADVISORY COUNCIL AND ENVIRONMENTAL STUDY
SUPPLEMENTARY PROVISIONS
(1) There is hereby established the Residual Waste Management Advisory ^ '
Counci1.
• The council shall consist of thirty-one members, as follows: Fifteen
members representing the planning regions of the State; Eight members
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representing business and industry; arid Eight representing the
general public including environmental and conservation organiza-
tions and interests.
(1) There is 'hereby cheated an independent board to be know*-, as the Po'l'lu- LLjt.aj
tion Control Board, consisting of 5 technically qualified members, no
more than 3 of whom may be of the same politica.1- party, to be appointed
bi, the (fOVernot' with the cdoi",e ond consent of the Cena'se.
(2) There is hereby established within the Executive Branch of the State "-(a)
Government an institute to be known as the Institute for Environmental
Quality, The institute shall be under the supervision =md control of
a director who shall be appointed by the Governor for a term of three years.
(a) The director shall employ such personnel, provide such facilities,
and contract for such outside, services as a;ay be necessary to carry
out the purposes of this Act.
(b) It shall be the duty cf the Institute to investigate practical pro-
blems and implement studies and programs relating to the technology
and administration of environmental protection, to obtain, store,
and process relevant data, and to reconmenoi technological, administra-
tive, and legislative changes and developments respecting environ-
mental quality and re-cycling, reuse and conservation of natural
resources and residual wastes.
SECT! ON Xv/i I
SPECIAL CONSIDERATIONS
XV II (A) Haza r dcu5_ Waste
(1) Whenever hazardous waste is produced and alternate reclatnot ion or reuse PA(b)
is not possible, the collection, transportation, processing and disposal
shall be accomplished in accordance with the provisions of this Act.
(a) There shall be no consignment of waste to another:
(i! without the disclosure of its hazardous nature:
(ii) without the assurance that subsequent handling and disposal shall
be accomplished in a satisfactory manner and in accordance with
the laws and regulations of this Act.
(b) The agency shall maintain a list of hazardous wastes.
(i) The agency shall maintain a multiple list of hazardous or po-
tentially hazardous, materials as determined by experience,
investigation and literature.
(ii) The lists shall be so divided so as to provide an element of
del ! neat ion .
(iii) Any material or substance proven to be hazardous by actual
contamination or Injury shall be placed on the list with the
proper information to guide subsequent handling,
(c) Listing or non-1 ist'ny is not the basis of any conclusive presumptions.
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The naming or omission of any material or substance should not
be construed tc be ultimate determination of classification.
No substance, should be considered wholly free of suspicion as
a hazardous agent solely based on its absence from the agency
1ist ing.
(d) The agency shall maintain a list of toxic wastes,
(i) Each item or class of item shall be listed by common name,
chemical name, trade name or otherwise identified.
(ii) The lower limits of toxicity shall be indicated in the listing.
(iii)Recommended handling and disposal methods when known shall be
added to the listing to assist in upgrading management practices.
Known unsatisfactory handling practices shall be specifically
delineated,
(e) The agency shall maintain 3 listing by flammable and explosive wastes.
Each item or cK-.ss of item shall be listed by common name,
chemical name, trade r.ane or otherwise identified.
The conditions cr limits of fJamnabi 1 ity or expiosiveness shall
be indicated in the listing. The listing ihal1 include a lower
limit of the quantity considered hazardous even though respect-
fully handled.
(iii)Ths recommended handling arid disposal methods shall be added to
the lifting when knov/n- Unsatisfactory handling practices shall
be spec! f ir.al ly delineated.
(f) The agency shall maintain a list of pathogenic wastes.
(?) Each item or class of item shall be listed by common rname,
chemical name, trade name or otherwise identified.
(ii) Quantity limitations whJch contribute to the hazardous quality of
the waste shall 02 provided
(iii) Both desirable and undesirable disposal methods shall be included
in the i i st ing.
(g) The agency shall maintain a list of radioactive wastes.
(i) Wastes shall be described by <; peri fie common name and chemical
name.
(ii) The hazardous materials listing shall not be considered all in-
clusive and shall be updated and expanded as new information
becomes available.
(iii) References concerning the hazardous nature of materials placed
on the listing shall be maintained.
(iv) Federal and State standards for handling and disposal shall be
followed.
(2) Hazardous Waste Control and Spill Contingency Plan: The agency shall MM(a)
study and investigate the problems of hazardous waste control and shall
develop a statewide hazardous waste management plan detailing the loca-
tion of hazardous waste disposal facilities and storage sites throughout
the state and the needs relative to the interstate Transportation of hazard-
ous waste.
(3) No hazardous wastes shall oe deposited in a residual waste disposal site OK^b)
or facility operating under an agency permit unless the site of facility
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has been approved for deposition of such wastes by the agency. Disposal
of hazardous wastes as approved by the agency may include deposition at
a sanitary landfill site, at a separate land disposal site or facility
or by some other method including but not limited to "soil farming tech-
niques" (incorporation into the top layer of soil), resource recovery
facilities or approved type Incineration.
XVI I{ 8 ) Record Keeping Regarding Wastes
SUPPLEMENTARY PROVISIONS
(1) Station records generally: CA(c)
(a) Weight Volume Records. Each station operator shall maintain records
of weights or volumes handled in a manner and form approved by the
agency. Such records shall be sufficiently accurate for overall
planning and control purposes.
(b) Special Occurrences. Eacn operator of a station handling an average
of 100 or more cubic yards of waste per operating day shall maintain
a log of the following information: fires, injury and property
damage accidents, explosions, incidents regarding hazardous wastes,
flooding and other unusual occurrences.
(c) Inspection of Records. The records shall be open to inspection by
authorized representatives, of the agency, the local health entity
and other duly authorized regulatory and anforcement agencies during
normal business hours. Information of a proprietary nature need not
be presented, notwithstanding the reporting requirements of local
government ordinances, contracts or agreements. Records considered
to be of confidential nature shall be treated as confidential infor-
mation by r.ha agency.
(2) Preparation of hazardous waste records: CA(g)
(a) The Hazardous Waste Hauler Record (Manifest) is to be utilized for
recording all hazardous wastes transported to handling facilities
including processing plants, resource recovery facilities, or dis-
posal sites. The Manifest must be carr'ed by all haulers of hazard-
ous wastes whether said hazardous waste is a liquid, solid or sludge
The Manifest sections must be completed by tha waste producer, by
the waste hauler and by the hazardous waste facility operator.
(b) The produce" of the waste must provide his name, pick-up address and
the date the Manifest was prepared. The producer shall also indi-
cate the process, operation* or activity which most accurately des-
cribes the source of the waste. The producer shall describe the
wastes accurately. The description shall include the type of waste,
composition, hazardous properties, and special handling instructions.
A waste producer may retain the services of another party in order
to identify the wastes through analysis or inventory. The ultimate
responsibility for proper identification remains with the producer.
In the case of mixed waste, the producer shall maintain logs or
records of mixing operations so that the composition of the waste
can be estimated,
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e Special Handling Instructions: The. producers must provide
any special handling instructions that may pertain to the
waste. This information is to be provided in order to
facilitate handling and to ensure the safety of personnel
hauling and disposing of the waste.
(c) The hauler of hazardous wastes shall provide his name, business
address, date of pick-up and his State Waste Hauler's Registration
Number and a serial number on the Manifest. He shall indicate the
type of vehicle used, whether vacuum truck, flatbed truck, or other.
(d) The hazardous waste facility operator handling hazardous wastes must
list his name and site address. The weight of the waste shall be
measured or estimated at the site, and the amount shall be indicated
in tons on the Manifest, along v/ith the amount of the State hazardous
waste fee. The operator snail indicate the method of handling the
waste, whether by recovery, treatment, disposal, or a combination of
these methods, and the date received at the facility. in case of
a multi-waste load with a separata Manifest for each waste when the
wastes have been mixed in a common container or tank, the estimated
or measured weight of the entire load shall be indicated on only
one of the Manifests. An operator of a hazardous waste Facility shall
not accept any waste material which he believes to be hazardous un-
less a properly completed Manifest which accurately identifies the
waste is submitted by the hauler.
• The information derived from this record keeping requirement
is to be used by the disposal site operator to select the best
method of handling the material. If disposal is the most appro-
priate method then the record will provide a basis for selecting
the best location in the existing site for deposition of the
waste. The knowledge of the location of wastes within a site
will prevent incompatible materials from mixing with each other
and shall therefore result in a decrease in the production of
poisonous gases and fires at disposal sites.
XVii(C) Regulation of Transportation of _ _R_esiduai Wasteb*
(1) It shall be unlawful to transport or to permit the transportation of any
residual waste, whether by truck, train, barge or pipeline without having
first obtained anenc.y approval. The transportation of residual waste
material shall be accomplished neither in a manner which is contrary to
the rules, regulations, standards or orders of the agency, nor in such
manner as to adversely effect or endanger the health, safety, environment
or economy of the area of destination or of any area through which such
transportation occurs.
(2) The agency shall possess final approval authority over:
(a) Routing-to avoid areas where spilis could have serious deleterious
effects upon the environment and water quality.
(b) Equipment condition - to ensure effective transportation of materials
and maintenance of safe conditions.
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(c) Pipeline construction - to require construction criteria for meeting
the waste demands.
(d) Time schedules regarding transportation - to provide the safest and
most efficient interaction with the general community business.
(e) Maintenance of facilities - to enforce the best management practices
ava ilable.
"The above provisions are suggested as a possible approach to establishing
control over transportation of residual wastes. The legislation which
was studied dealt ineffectively with this area.
XV!I(D) Abandoned Motor Vehicles
(1) Any person may apply to be licensed as a collector by submitting an MN^t;
application to the agency. In the application, an applicant must demon-
strate that he owns or has access to at least one tow truck and equipment
having the capacity to haul two or more abandoned motor vehicles at one
time. The licensee shall also keep a record of all abandoned motor vehi-
cles and other scrap metal collected, which record shall be subject to
review by the site operator and the agency.
(2) Any person may apply to be licensed as a transporter or reducer by submitting
an application to the ao ncy. The applicant must demonstrate:
(a) that he has ready access to a market for any and all abandoned motor
vehicles and other scrap metal which he may reduce;
(b) that he owns or has adequate transportation or reduction equipment;
(c) that he will provide adequate fire-fighting equipment at each regional
col lection si te.
The licensee shall also keep a record identifying all abandoned motor
vehicles and other scrap metal transported or reduced, which record shall
be subject to review by the site operator and the agency. Unless specifi-
cally authorized in writing by the agency, reduction of abandoned motor
vehicles is prohibited by open burning or incineration. In the event of
reduction by means of incineration pursuant to an agency permit, said
person shall have in his possession an affidavit from the permittee holding
a permit from the agency for such incinerator, verifying that the abandoned
motor vehicles in his possession were reduced in an incinerator subject to
an agency permit.
(3) Any person may apply to be licensed as a scrap processor by submitting an
application to the agency. The applicant must demonstrate that he owns
or has access to a hydraulic bailer, shears, shredder or other equipment
capable of converting a large volume of scrap metal to a more usable form.
The licensee shall also keep records. Such records shall be subject to
review by the site operator and the agency. No person shall possess,
process, employ or use abandoned motor vehicles which have been reduced
by open burning or incineration unless the incinerator used in the re-
duction is subject to an agency permit.
XVI I(E) Mine Drainage Control
(1) If, upon investigation, the agency finds a coal mine operating in vio- * '
lation of one or more of the provisions of the mine drainage permit, the
agency may issue a notice informing the permittee of the nature and the
extent of his permit violations and advising him that unless the violations
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are removed by a specified date, the case will be referred for suspension
or revocation of the drainage permit and whatever other action as the
agency may see fit to take.
(2) Monthly operation reports shall be submitted to the agency in all cases
in which treatment is applied to the discharge and for those operations
where the combined flow from the mine exceeds an average daily discharge
rate of 50 gallons per minute.
(a) The permittee shall furnish the following information:
Rate of discharge, for each day during the preceding month;
Analysis of final effluent of one day within each week during
the preceding month.
(b) Mine discharges shall be limited.
Acid. There shall be no discharge of mine drainage which is acid.
Iron. There shall be no discharge of mine drainage containing a
concentration of iron in excess of seven milligrams per liter.
(i i i) p_H. The pH of discharges of mine drainage shall be maintained
between 6.0 and 9.0.
(3) In those cases in which the proposed discharge would be to an already pollu-
ted or unclean stream, or to an insignificant clean stream not devoted to
public use and which in turn flows into a polluted stream, the agency may
grant a permit subject to appropriate conditions and limitations.
(*() In those cases in which the proposed drainage would be into a clean stream
and there is no evidence that the drainage will be acid, the agency may,
unless there is presumptive evidence of potential pollution of the waters
of this State, grant a permit subject to the appropriate conditions. In
those cases in which the proposed discharge would be to a polluted or un-
clean stream whjch in turn flows into a clean stream, the agency may issue
a permit for mine drainage.
(5) Surface water which might otherwise drain into the stripping pit shall be
effectively intercepted on the uphill side of the high wall by suitable
and adequate diversion ditches and conveyed by adequate channels or other
suitable means for discharge to natural water courses outside the entire
stripping operation.
XVI I ( F) Control Over Confined Animal Feeding
(1) A person constructing or commencing to operate a confined feeding or OR(b)
holding operation or waste control facility, or substantially modifying
or expanding an existing confined feeding and holding operation or waste-
control facility shall first submit detailed plans and specifications for
said facility and operation and other necessary information to the agency
and obtain approval of the proposed facility and operation from the agency
in writ ing.
(2) All waste control facilities and confined feeding and holding operations
shall be designed, constructed, maintained, and operated in accordance with
the follow!ng:
(a) All confinement areas, manure handling and accumulation areas and
disposal areas and facilities shall be located, constructed, and
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operated such that manure contaminated drainage waters or other
wastes do not enter the waters of the State at any time.
(b) Unless it can be demonstrated that contaminated drainage can be
effectively controlled by other means, or unless a specific written
variance is obtained, the design, construction, operation and main-
tenance of confined feeding and holding operations and waste control
facilities shall be in conformance with the State's guidelines.
(3) The agency may by specific written variance waive certain requirements of
these regulations when size of operation, location and topography, opera-
tional procedure, or other special conditions indicate that the purpose
of these regulations can be achieved without strict adherence to all of
the requirements.
• The agency may, in accordance with a specific compliance schedule, grant
reasonable time for existing confined feeding or holding operations to
comply with these regulations.
(k) Roof drainage and uncontaminated surface drainage should be diverted such
that it is not allowed to flow through confinement areas or enter waste
water holding lagoons, sumps or tanks.
(a) Where large winter use co Finement areas are exposed to heavy rainfall,
and wastewater storage and disposal capacities are limited, such areas
should be covered to minimize waste water volume.
(b) Waste collection systems utilizing water for flushing manure from floors
should minimize water use, and washwater reuse practices should be
employed wherever possible.
(c) Animal drinking water and atmospheric control sprays should be managed
such that drainage through contaminated areas is minimized.
XVII(G) Preservation of Wetlands
(1) Any person proposing to conduct any activity (e.g. the depositing of resi-
dual wastes) regulated under this Act upon any inventoried tidal wetland
shall file an application for a permit with the agency. The applicant
shall have the burden of demonstrating that the proposed activity will be
in complete accord with provisions of this Act. Such application shall
include a detailed description of the proposed work and a map showing
the area of tidal wetland directly affected, with the location of the pro-
posed use thereon, together with the names of the owners of record of
adjacent lands.
(2) No sooner than thirty days and not later than sixty days after the receipt
of such application, the agency shall hold a public hearing on such appli-
cation at a suitable location in the county where the affected wetland is
situated. At such hearing any person or persons may appear and be heard.
(3) In granting, denying or limiting any permit under this act, the agency
shall consider the compatibility of the proposed activity with reference
to the public health and welfare, marine fisheries, shell fisheries,
wildlife, flood and hurricane and storm dangers, and the land-use regula-
t ions.
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(4) The agency may impose such conditions or limitations as may be necessary
to protect the wetlands of this State. The agency may require a bond,
and require conditions to be met in order to secure to the state compli-
ance with the permit. The agency may suspend or revoke a permit if it
finds that the permittee has not complied with any of the conditions or
limitations set forth in the permit or has exceeded the scope of the
permit. The agency may suspend the permit if the permittee fails to
comply with the terms and conditions of the permit.
XVI I(H) Use of Waste Disposal Wells
(1) Permits for construction, modification, maintenance or use of waste OR(b)
disposal wells may be issued only in those designated geographical areas
for which a city, county or district, legally authorized to provide sew-
age services for the area, complies with the following conditions:
(a) Maintains on file with the sanitary authority a currently approved
sewage program including a plan and time schedule for providing
collection, treatment and disposal of wastes.
(b) The time schedule must be designed to provide an approved sewage
system within the shortest time possible and unless it can be demon-
strated to be non-feasible shall at least comply with the minimum
agency standards.
(2) Permits shall not be issued for construction, maintenance or use of waste
disposal wells where any other treatment or disposal method which affords
better protection of public health or water resources is reasonably avail-
able or possible.
(3) Permits for construction or use of waste disposal wells issued by an
approved permit issuing agency shall include, in addition to other reason-
able provisions, minimum conditions relating to their location, construction,
or use and a time limit for authorized use of said waste disposal wells, not
to exceed a period of five years. Construction and orientation of build-
ing sewers shall be compatible with the approved area sewage plan.
(A) A waste disposal well upon discontinuance of use or abandonment shall im-
mediately be rendered completely inoperable by plugging and sealing the
hole to prevent the well from being a channel allowing the vertical move-
ment of water and a possible source of contamination of the ground water
supply.
(a) All portions of the well which are surrounded by "solid wall" forma-
tion shall be plugged and filled with cement grout or concrete.
(b) The top portion of the well must be effectively sealed with cement
grout or concrete to a depth of at least 18 feet below the surface
of the ground.
XVI I ( l) Requirements for the Disposition of Dredge Spoi|j<;
(1) Dredging is the removal of earth from the bottom of a stream, river, WA(c)
lake, bay or other water body for the purposes of deepening a naviga-
tional channel or to obtain use of the bottom materials for landfill.
A significant portion of all dredged materials are deposited either in
the water or immediately adjacent to it, often resulting in problems
of water qua 1i ty.
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(a) Local governments should control dredging to minimize damage
to existing ecological values and natural resources of both
the area to be dredged and the area for deposit of dredged
mater ials.
(b) Local master programs must include long-range plans for the de-
posit and use of spoil? on land. Spoil deposit sites in water
areas should also be identified by local government in coopera-
tion with the state departments of natural resources, game and
fisheries. Depositing of dredge material in water areas should
be allowed only for habitat improvement, to correct problems of
material distribution affecting adversely fish and shellfish
resources, or where the alternatives of depositing material on
land is more detrimental to shoreline resources than depositing
it in water areas.
(c) Dredging of bottom materials for the single purpose of obtaining
fill material should be discouraged.
"Most states use permit requirements to proscribe deleterious effects
upon water quality because of the deposition of dredge spoil.
XVI I (j ) Rejuj_at Ion of Waste Piles
(1) A detailed design plan and plan of operation shall be submitted that PA(b)
provides for the prevention of water pollution.
(a) The plan shali set forth information pertinent to insure compliance
with agency regulations applicable to water quality criteria and
water pollution control.
(b) Runoff from the top of disposal piles snail not be. allowed to dis-
charge freely onto the surrounding area. Diversion facilities shall
be constructed to control the flow of this runoff. The top of the
pile shall be graded with shallow slopes falling away from the edge
to concentrate the runoff in these diversion facilities. Water runoff
from the adjacent area shall be directed away from the refuse piles.
(c) Construction of any necessary wastewater treatment facilities shall
be done pursuant to a water quality management permit from the agency.
(d) Provision shall be made to minimize that portion of the disposal pile
that will remain exposed to precipitation at any time, and adequate
cover maleridl, both of type and quantity, shall be available.
(e) The following requirements must be met to insure the stability of the
disposal a>~ea.
(i) A minimurr clear spare of 50 feet shall be provided from the outer
perimeter of any disposal pile unless otherwise approved by the
agency.
(ii) Slopes of the disposal piles shall not exceed 15 percent or 9
deqrees. The maximum slope, with agency approval, shall not
exceed thirty-three (33) percent or 18 degrees,
(i i i) The height of disposal piles snail he limited and other measures
shall be taken as necessary to insure the stability of the slopes.
(f) Assurance sha'l be provided to prevent erosion of the disposal area.
Such assurance shall include planting of side slopes and the final
top layer with quick growing vegetation and with trees and shrubs.
« Any construction or other activity which disturbs the surface
of the land shall comply with the agency's erosion and sediment
control rules.
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(Alternative)
(1) All animal manure shall be stored in such a manner as to prevent the MN'f)
creation of a potential pollution hazard to waters of the State.
(a) All storage areas shall be designed so as to restrict seepage,
percolation or other movement of animal manure to around, waters.
(b) All storage areas shall be surrounded by a di'f-'e, wall or curb
of suah dimensions or construction zhat will prevent the entrance
of sunoff from outside areas.
(c) All storage areas shall "be sloped so that drainina liquids can be
collected arid disc-harged from the area at one or more cont"ollcd
discluxrge points.
(d) All storage areas shall be located so as not TO pose a potential
pollution hazard to local wells or sources of potable Mater arid
shall be located at least 100 feet from such wells or water sources.
XVII(K) Li_tter Control Considerations - Model (b)
An anti-litter provision may be as uncomplicated as the section shown below,
that Is excerpted from the Suggested Sol id Waste Management Ordinance for Local
Government (March, 197^, EPA, SW-73d) , or as truly comprehensive as the model
proposed by the National Institute of Municipal Law Officers (NiMLO), which is
referenced in Chapter 3- The choice must be made on the basis of the serious-
ness of the litter problem In each community, and the level of enforcement re-
sources that a community is willing to commit to solving that problem.
The simplest possible provision reads as follows:
Li ttering: It shall be unlawful to place; or allow to be placed,
any sol'd waste upon the roads, streets, pub He or private pro-
perty within this municipality contrary to the provisions of this
ordinance.
Commant_;_ Proper solid waste management requires regulated disposal.
This section and section 25.08, prohibiting dumps, are intended to
eliminate litter and promiscuous dumping.
XVII(L) Summary of Criteria for Land Application of
Sludge to Farm Land
(1-9 ARE THE RECOMMENDATIONS TAKEN FROM THE ILLINOIS ADVISORY COMMITTEE ON
SLUDGE AND WASTEWATER UTILIZATION ON AGRICULTURAL LAND, FEBRUARY, 1975)
(1) It is the intent of this Act that the digested sludge shall be processed
to a point where stability is reached. This stability is the ability of
the digested sludge to resist further change and is ?ccomplished by the
substantial reduction of the volatile content.
(2) The cumulative sludge applied shall not exceed 100 dry tons or 100 pounds
of cadmium per acre, whichever cumulative loading is achieved first. The
annual application sha'l not exceed the nitrogen agronomic rate.
(3) Sludge may be surface applied to land not in excess of five percent slope
or land which does not have over five tons/acre/year soil loss.
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(4) Sludge may be injected or incorporated on lands having slopes Lp to eight
percent, irrespective of soil loss. If the slope exceeds eight percent,
either application method may be usea so long as the annual soil loss does
not exceed five tons per acre.
(5) Sludge shall be applied so as not to exceed nitrogen application rates as
established by the agency.
(6) it is not recommended that sludge be applied in grass waterways. Applica-
tion tc flood plains having a ten year or less frequency will occur only
after approval by the agency.
(7) For soils having the following infiltration rates/hour, the listed minimum
soil depth to the mean annual water table shall be adhered to:
(a) 2-20 inches/hour - ten feet
(b) 2 - .2 inches/hour -• five feet.
(c) less than ,2 inches/hour three feet
(8) Sludge shall not be applied within 150 feet of any water well.
(9) Hard and fast rules for the control of odor cannot be formulated for all
situations because of the multi-varied complexity of the problem.
SECT I ON XV i I ;
REPEALER*
Repeals: These rules and regulations replace and supersede, rules and regu- 'L(b)
lations for Refuse Disposal Sites and Facilities, adopted by the Illinois De-
partment of Public Health on March 22, 1966 and continuing in effect pursuant
to section 49(c) of the Environmental Protection Act ''until repealed, amended
or superseded by regulations under tl,ib act," except that any proceeding arising
from any occurrence happening prior to the applicable provision of these rules
and regulations shall be governed by the above described Rules.
* Complete cite of the Illinois Statute
SECTION XIX
SEVERAL ILITY
Severabi11ty: if any provision of this Act, or ELS application to any person WA(a)
or circumstance is held invalid, the remainder of the Act, or the application
of the provisions to other persons or circumstances is not affected.
SECTION XX
SAVING CLAUSE
Saving Clause: Nothing in this Act shall be deemed to affect, modify, amend pA(a)
or repeal any provision of any act administered by any other department, board,
commission or agency of this State.
SECTION XXI
EFFECTIVE DATE
Effective Date: This Act is an emergency health act and shall lake effect im- PA(a)
mediately.
-------
REFERENCES - CHAFTER IV
The following list of the models and the laws and regulations of
selected states, includes all the legislation studied and comprises
the citations to identify the supplementary legislation presented in
Chapter ! V .
MODELS
(a) The. Model - State Solid Waste Management and Resource Recovery in-
centives Act, developed by The Council of State Governments,
Lexington, Kentucky (1973).
(b) Suggested Solid Waste Management Ordinance for Local Governments,
U. S. Environmental Protect ton Agency, March
Alabama (AL.)
(a) Code on Alabama Title 22 §§3^6-351
Alabama Solid Waste Dispos.il Act 1969 (Amended 1971).
(b) Alabama Solid Waste Management Regulations (1972)
§§ I - XVI.
(c) Alabama Standards for Disposal of Solid Wastes (1969) (No §§
numbers) .
California (CA)
(a) California Government Code Title 7.3 §§ 66700-66793 Nejedly-
Ziberg-DMls Solid Waste Management and Resource Recovery Act
of 1972,
(b) California Health and Safety Code §§ 25100-2518$ Hazardous
Waste Control (1973).
(c) California Administrative Code (CAC) Title lA, Piv. 7, Ch . 2
5 3 §§ 1/1CO-17751 Planning Guidelines for the Preparation of
Solid Waste Management Plans, and Minimum Standards for Solid
Waste Handling and Disposal.
(d) CAC Title 22 Art, 5, Ch . 2 §§ 6000 1-601 80 Hazardous Waste Re-
gu rat ions (1971*).
(e) CAC Title 23 C-. 3, Subchatper 15 §§ 25QO-?552 Waste Discharge
Requirements for Waste Disposal to Land (1972).
(f) State Water Resources Control Board, Waste Discharge Requirements
for Waste Disposal to Land, October 137^, Disposal Site Design
and Operat i on I n format ion .
(g) California Department of Health, LaW_, Jfeju _1 a t j _ons^ _an_d G u i de i i nes
f o r t he Hand 1 ing of Haza rdous Wa s te , February, 1975.
(h) CaliFornia Water Code Ch. 5, Art. 6 §!33o1.
4-36
-------
3. Colorado
(a) Colorado Revised Statutes Ch. 36, Art. 23 §§ 36-23-1-36-25-19
Solid Waste Disposal Sites and Facilities (1971)-
(b) Solid Waste Disposal Sites and Facilities - Regulations §§ 1-8
Colorado State Board of Health (1972).
(c) Colorado revised statutes Ch. 2k, Art. 65 §§24-65-101 to 24-65-
105, Colorado Land Use Act (1973).
4. Connecticut
(a) Connecticut General Statutes (CGS) Ch. 36la §§ 19~524a-19-5240
Solid Waste Management (1970).
(b) CGS Ch. 36lb §§ 19-524p - 19524nn Connecticut Solid Waste Manage-
ment Services Act (1973)-
(c) Connecticut State Agencies Regulations §§ 19-524-1 - 19-524-12
Solid Waste Management Regulations (1975)-
5. Illinois (IL)
(a) Illinois Revised Statutes Ch. Illi §§ 1001-1051 esp. §§
1020-1022 Environmental Protection Act (Title 5 land pollu-
tion and refuse disposal) (1970).
(b) Illinois Solid Waste Rules and Regulations Ch. 7, Pt. 1-2
§§ 101-318, Illinois Pollution Control Board (1973).
6. Minnesota (MM)
(a) Minnesota Statutes (M.S.) Ch. 116 §§ 116.01-116.41 Pollution
Control Agency (19&9, Amend. 1974).
(b) M.S. Ch. 116F-01-116F.08 Recycling of Solid Wastes (1973).
(c) M.S. Ch. 1683 §§ 1683.01-1683.13 Abandoned Motor Vehicles
(1971).
(d) M.S. Ch. 400 §§ 400.01-400.17 Solid Waste Management (1971,
Amend. 1974).
(e) M.S. Ch. 473D §§ 4?3D.01-473D.07 Metropolitan Solid Waste
Di sposal.
(f) Minnesota Administrative Rules and Regulations §§ SW1-83
Minnesota Pollution Control Agency - Division of Solid Waste.
7- New Jersey (NJ)
(a) New Jersey Statutes Annotated (N.U.S.A.) Ch. 39 Laws of 1970
§§ 13:1E-1 - 13:1E-15 Solid Waste Management Act.
(b) N.U.S.A. Ch. 40 Laws of 1970 §§ 48:13A-1 - 48:13A-13 Solid
Waste Utility Control Act.
(c) N.U.S.A. Ch. 363 Laws of 1973 §§ 1-9 New Uersey Waste Control
Act.
(d) N.U.S.A. Title 39 Ch. 11 §§ 39:11-1 - 39:11-11 New Uersey
Motor Vehicle Uunk Law.
(e) New Jersey Administrative Code §§ 7:26-1.1 - 7:26-4.9 Rules
of the Bureau of Solid Waste Management.
4-37
-------
8. New York (NY)
(a) New York Codes Title 27 §§ 27-0101-17-0511 Collection, Treat-
ment and Disposal of Refuse and Other Solid Waste (1971).
(b) New York State Compilation of Rules and Regulations Title 16
Pts. 360, 362, 363 and Pt. 628 §§ 360.1-360.3, 362.1-362.10,
363.1-363.12, 628.1-628.6.
3. Oklahoma (OK)
(a) Oklahoma Statutes Title 63 §§ 2251-1165 Oklahoma Solid Waste
Management Act of 1970.
(b) Rules and Regulations Adopted by the State Board of Health
§§ 1.0-7.5 Rules and. Regulations for the Collection and Disposal
of Solid Wastes and Setting Standards for Sanitary Landfills
(1971, Amend. 1973).
10. Oregon (OR)
(a) Oregon Revised Statutes Ch . 459 §§ 459- 005-459- 995 Solid
Waste Control (1971) .
(b) Oregon Administrative Rules Ch . 340 Division 1 Subdivisions
1, 2, 4 §§ 11-005-11-135, 12-005-12-075, 14-005-14-050
Division 5 Subdivision 1 §§ 51-005-51-080
Division 6 Subdivisions 1,2 §§ 61-005-61-085, 62-005-62-045
Division 7 Subdivisions 1. 2,3, 4 §§ 71-005-74-020
Division
7 Subdivisions 1. 2,3, 4 71-00
8 Subdivision 2 S§ 82-005-82-055-
11. Pennsylvania (PA)
(a) Pennsylvania Statutes §§ 6001-6017 Solid Waste Management Act
(1968, Amend. 1970 and 1972).
(b) Rules and Regulation Department of Environmental/Resources
Title 25, Pt. 1, Subpart C. Art. 1, Ch. 75 §§ 75-1-75-236 (1971);
Ch. 76 §9 76.1-76.52 (1974); Ch. 99 §§99-1-99-40; Ch. 100 §§ 100.1
100.104 (1973); Ch. 125 §§ 125.1-125.104 (1973)-
12. Washington (WA)
(a) Revised Code of Washington Ch. 70.95 §§ 70.95.010-70.95.910
Solid Waste Management (1969).
4-38
-------
CHAPTER V
COMPARISON OF RESIDUAL WASTE MANAGEMENT
LAWS AND RATIONALE FOR INCLUSION
IN THE MODEL LEGISLATION
5. 1 Criteria for Selection of Provisions
5.1.1 "Effectiveness" of Residual Waste Management Laws
The initial intent of this research project was to select those laws
and regulations from a 12 State sample, that have proven to be effective in
areawide management of residual wastes, and combine them into a model stat-
ute for use by Section 208 Planners. This implies that a given provision
of one State's law is more effective than similar provisions being used by
other States. Selection on that basis did not prove to be practical for a
number of reasons, the most significant of which is that the effectiveness
of a given law or regulation is dependent upon more than just the clarity and
comprehensiveness of the official text.
In the course of interviewing waste management officials in the twelve
state sample, it was determined that the effectiveness of a waste management
system is dependent upon the application of available resources and the
active support given by the executive branch of state government. Additional
strength is created through the enactments of the legislature which express
a strong state policy to protect water resources from all forms of waste dep-
osited on or in land. A strongly worded statute will provide little impetus
to the waste management system if the executive branch does not request, and
if the legislature does not appropriate, the requisite funds to support re-
search, facilities, technical assistance and enforcement. All are necessary
elements of an operative and effective regional or local waste management
program.
At least one of the waste management officials interviewed indi-
cated that he didn't need any more laws, but did the personnel to
enforce the laws that he already had. Another official indicated that the
overall effectiveness of waste management was improved with a modest increase
in staff, accompanied by a massive infusion of new interest exhibited by
higher level officials of the State.
5-1
-------
There seems little doubt that other factors, such as the strength of
personality of the senior waste management person, an ability to win "turf
battles" with county or other State agencies, and the political strength of
the public and private interests which may be resisting further regulation.
all have an effect on the real utility of the existing laws of the sample
States.
5.1.2 General Rules for Selection of Materials for Inclusion in Model Law
Upon completion of the "check list" of problems for which legislation
would probably be required, a review was made of the residual waste management
laws and regulations of all the States in the sample. These were sorted
down by subject area and those that appeared (on the surface) to provide the
most adequate coverage were selected for discussion with State officials. In
many instances, the essence of the enactments were the same, although the
language used by each State was different. In this situation, the selection
was made on the basis of brevity or conciseness of the competing provisions.
Where the subject area was slightly different, the separate enactment of
two or more States are included in the model as alternatives. In some subject
areas, only a few of the States have legislation in force (hazardous waste
management) and the selection was made on the basis of State officials comments
regarding its effectiveness and the comprehensiveness of the text. A number
of special problem areas are treated in the model, and the factors con-
sidered in selecting one State's provision over that of another State are
presented in the following sections.
5.1.3 A Matrix Comparison of Specific Provisions of State Laws
The salient characteristics of the laws of the 12 sample States
are shown on Exhibit 2 on the following paqes. The ratings used refer
only to the adequacy of the text of the laws and regulations, and not
to the actual effectiveness of these provisions in the respective States.
As was suggested in the opening paragraph of this chapter, there is much more
to effectiveness than the text of the law. A simple provision such as "Permits
will be obtained for disposal of all wastes that may have an adverse
effect on water quality," if backed by an adequate staff to thoroughly
investigate all permit applications and prosecute all who dispose of
wastes without a permit, might be an effective law.
5-2
-------
EXH i n ! T
'STATE
PFflN
SOLID
CLUt/E
i 'i \ OH OF
WASTE !N-
5 ?LODGE
STATES' DEFINITIONS OF SOU D WASTE
ALABAMA
f.AL I FORM i;'
MC
COLOKADO
COMHCCTICU'i
IH.iNCMS
YtS
NO
YES
Solid Wastes, All putrescible and non-putrescib\e discarded mater-
ials (except household sewage and livestock and poultry wastes) in-
ciudir.g hut not limited tc garbage, rubbish, ashes, street and hiarr-
wjv cleanings, dead animals including offal, abandoned automobile*",
and such industrial wastes as are not controlled by other agencies.
"Solid waste" means all pu'rescible and nun-putrescible solid, semi-
solid, and liquid Wostes, including garbage, trash, refuse, pcoer ,
' rubbish, ashes, industrial wastes, demolition and construction wastes
ao.indoned vehicles and parts thereof, discarded home and industrial
appliances, Ponu^e, vegetable or animal solid and sem'solid wastes,
and othei ('isca'ded solid and semi sol id wates.
"Solid wastes" "nearis garbage, refuse, sludge of sewage disposal
plants, and ctner discarded solid materials, including solid wait-i
materials resulting from industrial, conmercia! and fro™ conrnur i ty
activities, but s!n!l nof include agricultural wastes.
''Solid ','OSU'.'1 rnc.ans useless, unwanted or d i scar3e3~~sbi TrTma Ce Via 1i-,
not exciuolng sertis.o!id and liquid materials other than sewage col-
lected and treated ir, a municipal sewerage system, but shall not in-
"I'.de scrzp materials held for reuse or resale by a scrap mate'ial
dealer.
Solid wastf - refuse. (Refuse is defined <>s "garbage or other
iis'-arded ikVu0"-; a!,)
NEW J!
YES
OKLAHOMA
yrs
"Syiicl wa'-t-T' is garhdqe, refuse and other discarded solid materials
(••tcepl ar^i'iai wa'jie 'ised as fertili/er, including so'ic waste nsferiai
resultlfig fron industr;al, commercial and agricultural operations, £.
fro'^ ccvin,unity activities. Solid waste does jiot include earthen til'
bou'dsrs, rork and other materials normally handled in -_&nst'',jction
or'*?r at i cnri, soiic! or jis^olved materials in domestic ^ev^age.
"Ss'irfl waste" .ivans cjrroage, refuse,
-------
POWERS AND DUTIES, STATE AGENCY
Al
Accomplishment of SW management shall be under direction of Health
Department. There is nothing to limit authority of municipal, county
or district governments or health depa>-tmen ts, Calif, Health Depart-
ment controls the regulation of Hazardous y/aste).
CA
CO
tt
IL
I MN
5
>*—
NJ
HY
OK
OR
PA
Within the Resources Agency there is the State Solid Waste Management
Scare1 who shall formulate and adopt state policy for solid waste
management (The Board shall consider the recommendations of the State
Air Resources Board dnd the State Water Resources Cor-tiol Board
The Colorado Land Use Commission i'j established to carry out act's
purpose. The Commission is authorized co develop resolutions regard-
ing land jse planning to serve as guidelines for county planning
commlssiois and to direct the fincl l«nd use planning program.
The Connecticut Resources Recovery authority is established to
direct the design, construction, financing, planning, management,
ownership, operation and maintenance of solid waste disposal.
An Environmental Protection Agency is established to diiect the
Solid Waste management program, through technical assistance.
planning, and establishment of criteria.
The Pollution Control Agency is established with overall authority
to direct solid waste management including approving plans and
specifications for disposal systems.
The Department of Environmental Protection is charged with the duty
to develop and formulate a state-wide SW iranagement plan and
guide line-; to implement the plan.
The Department of Environmental Conservation is established to enforce
SW managenert. Its duties include approving th? area ana scope of
any conprehensive study prior to its execution.
The Board of Health is directed to develop -•* state-wide soKd
wastes management plan in cooperation with municipal and county
governments.
The Department of Environmental Quality shall provide admit «.tration.
enforcement and implementation of Solid Waste Manacjepant plans
and practices,
The Department of Environmental Resources shall have the responsi-
bility to establish and maintain a cooperative state and local
program of planning and technical and financial csststance ':or com-
prehensive solid waste management.
The Department of Ecology shall be charged with the management
a comprenfnsive state-wide program for solid wa^te management.
of
-------
JUDICIAL ft ADMINISTRATIVE PROCf.EDINGS
Probably covered in tne State's Adminisu
tive Procedures Act
SITT CLOSURE.
Dump clo-iirc, -eouiregents.
Public hearings; S',J Management bd. act., as
review and appeals ugercy. Judicial i'-'-
view to r.ojrcS of general jurisdiction.
Reasonable notict and public hearing.
When pro.', i':ir5 r,;suU in erv .ron^dilal de- i
gradation ;>•• ,Jit>l-t health ha/ard., L'ie |
owner r-»..-. i ..Oiii'V thr enter er't'it ^geccy. '
The e«'i.:- sluM r«n,"o- for ,)r-..Lifn'f a"d I
ly -;',si- fcr at leaf. 5 veers. i
CourL.y c^'^n'-^ioii
d-iys ii ,'d". C.DCC of
o infjnm-0 ' judicial review petitlori -rust b°
timely, "arty adversely affected iray
petition board.
With revocation of a pe;i
ddVo tj—'or to intended ri<*te of i1 is cor;- '
Inspecl'-oi end
Site ope-~tor iiust ha,e on f'1e with
Slate DLportment of Htalth a il00,000
security bond guaraiicieing that the pe
mi tee '.as the resources to properly
close the site.
Inspection and maintenance.
Monitoring of site shall continue for 3
years after site is completed or rl"
A hearing shall oe granted upon a den is! or
suspension of a permit within % day:- after
the request t! ?refor is made.
Recurrent inspection and
5-:
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CLASSES OF DISPOSAL SHES
' Suicificiliy a;Mress ::> cer'vii^ types of
| i.e. PKtic".* cc-i..-..i..erc, i-fec'mus washes, | p
; ca-tdin nduitr us,. *«(>tic ••ir-^ [.uiapir'qs, ti ae i
sjwuns, lo<]S and oenci" ^ l"'-jn «a^tos, but no j
classification >,,v^te,", ;
—t
cps Koa ri divides wa;tss into 3
nroups depenoirr; on tr.yicity or ocssible dani-
i;rj to ysobl0 water.. r..,;>t. of Health regu-
later. na«a!."lous (.j^te. & ;i;>f c'ev^lojific two
groups ".t , '!«:-.5^cn: ind extremelv
drus.
li'ater Resources Board divides land [
and £.)] site?; into 3 c'asses deppn- i
dinn on types ol wastes acceptable
at each Class I,U, '<, III,
CO
'ifSSCia
i Mo Classes
No
r
r
It
Kai^rdoiiC wastes and sii'd'jt? neeJ special
j di,sp:isa! oer'.rit tj". ^; oth'T segrfiqation
of wascps
i No Classes
_4
1 Special disp:7,(ii r^Qj^at OPS apply to
Mii toxic or •li.'c-1.^1 j^. w=sU-=i «r-ii animal
No Classes
NJ
Special ffispo:\ii ;-;"j'i.e''f'lO'is apply to
sewage sl'idge, $r>pti>, ter,'< anrt catch
bdi;n wcstes, ni'iky rfari.es. pcbticides,
No Clasr.es
wastes.
I KV i NO Classes
No Classes
Special disposal recuflatioro
n,, I hazardous waster., higii!,y pytrts
vlv ' srwoge r.o'ii''i or '-i^uidi. la^go Inf.ky
! i te.Tis.
Special disposd1 tequir^d for la«"qa
dsad aiiinuls, S'-v^ge sludges, septic
OR | td'iK pumpiujb, hospital v.astds ar.d
j other ha?ardo>i; waste.
No Classes
i No Clesses
f
! Special .Jis^csa"1 .vcji!l.:*ior.s for
1 sewage sludges ar U curios, V^ar
cus wastes :ma Dulky ite.r».
i No Classes
No
No Classes
5-6
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PLANNING
STATE-WIDE
AREA-WIDE,LOCAL
COMPLAINCE/
ENFORCEMENT
AGENCY
AREA-WIDE MUNICIPAL
AUTHORITY-MANAGEMENT
PERMITS
Comprehensive
Comprehensive
Adequate
Comprehensive
Comprehensive
Adequate
.Marginally
Adequate
Marginally
Adequate
Adequate
Adequate
Comprehensive
Comprehensive
Health
Department
Action
Solid Waste
Management
Board Action
Departmental
Action
Action by
Commissioner
of Public
Health
Agency
Action
Agency
Action
Departmental
Action
Departmental
Action
Departmental
Action
Commission
takes appro-
priate
action
Action by
Deputy for
Enforcement
Jurisdictional
Health Dept.
Action
Local autonomy- county
governing body or muni-
cipal governing body.
Area-wide cooperation
mandated
Area-wide cooperation
mandated - Inter govern-
mental cooperation
Area-wide cooperation
mandated
Limited Local Authority
Area-wide cooperation
mandated (Metropolitan
counties comprehensive
planning mandated)
Limited Local
Authority
Limited Local
Authority
Limited Local Authority
Locals encourated to
enter into agreement
with one another
Area-wide cooperation
mandated - Locals regu-
lations may not conflict
with one another
Area-wide cooperation
mandated - plans shall
be reviewed by appro-
priate planning agencies
with areawide jurisdiction
Limited local autonomy -
each county in coopera-
tion with cities shall
prepare a coordinated
plan
Adequate
Comprehensive
Adequate
Adequate
\
Comprehensive
Comprehensive
Marginally
Adequate
Marginally
Adequate
Adequate
Adequate
Comprehensive
Adequate
5-7
-------
T, "~
i
Al. ! Hu
'V |'C c' • ;>r i-ieru i' G^fli ','ioldte any of the
;> •.,•!-. i."','. -••• t.ht<.<- nit;, and regulations.
V .-.1 i ..,, '< i i be qui I ty of a misdemeanor and
,:!,;i r. ,i i '.. ne "ts1- .hi!'1 $5 nor more than
- ;r,'
• :<> willfully or negligently ooer-
i a c ' r,'" Kr'i'nc^s ing -:t.ition or disposal
J i'**, 3r ;-.o'.i Aiit'iout a permit or not in con-
fj>-.a,,.L .j.'h tnu pern: L i'- gjiity of a mis-
i J :• f j'!0> i '_'. d.iy o; ii.ch operation shall
f. '1 to ?-_•• ':•] !•>: i-h vio'ation ccntinues.
for wii11ul or
... - s ,:; 1 Dt "' ,ble ro a penalty not more
i' -)() ;A-.r- aav i.r be collected in d ( ivil
es fo>" intentional
,J, l.--v. thd;; 6100 nor more than $500
tii.. c.ric ':-jt less than $50 ncr care
~-r • ot'tribjtury violation. Addi-
',';; pi'iislnie; ATI! al'so criminal
;;:'-ic-.rc! :;f vi 3! ill OP, shall he fine not
.., ^ "e than 'JO day?.' Vio-
'f, , i" b"iJ.-.iial".e day. r;iall be considered
vT'iing ." mis act shall abridge rights of
.i1 . i .T, •••- t 'i "die" TI (;oui ty under common
i "i . I1."!' i"'iin-"'' a«
-------
Such an investigation of '•.-: ~i,:<
study and the comment?; req.-t r-.l '•, n
to the comprehensiveness oi -.a
and regulations, by ..-ornrnr i •-,
5-2 Bas i s for Inc1 us i OP o* -<
5 • 2 • 1 Section IV (A / , Mm ',<,-.-<> -
The suggested prov; - i-''-
model (COSG) , with supp lemr- -'—,:
Alabama, and a complete n'1 '. ~.
principal cons iderat i.'tis i.. •' ->•
the State has shown <<>< a i-'i < ' •
Few i nd i vi dua I mun : c ; f>a i i i • -
without taking into , ie sy.'ei'i
affected by the ateawaie u i
The provision frorr '•)<•:- >-•
simply sets out the tyi'ica1 < •• .'
agency. Colorado's |.i ovi-.••/.
in that state is ape r::-3chei' ' •: ••
with more than water- -uaiil; '
is holistic and is d!re':tt.J t>
method of aHmini stra; ion u - <-•
tive. The Cal'lorno :\>\^ ''• i~i--
ach to waste mar:agen-s,r.;_ ul^
in specific areas. ' ~- ;r--
policy that mun ici p-'' : tT (^ "c
expertise. The Ca I i f'>; n t.. ' .-•:
for residual waste n.<-)naq<-,r- '.»i L Ot this
)it /', : ".fet onl>
i ;',,n- -; tat.ures
'"he
.c-rii that
cor cei ned
Note: Where a St^te S-jii.f W,i .:.
in this document, tl.e -v >
sol id where i i ,-ipjjV • • r- , .'
-------
California provision is used because it requires agency approval of local
plans and subsequent conformity to the approved plan. The Minnesota
provision is included because it is the only State in the sample
providing assistance to industry in source reduction through the promotion
of less bulky packaging and the prohibition of packaging that is harmful
to the environment.
5.2.3 Section V, Planning (Statewide, Areawide and Local)
A number of States in the sample have a law requiring that waste
management plans be submitted to the State on a county or areawide basis.
The Pennsylvania law has been in existence the longest and was selected on that
basis. The California law is also very comprehensive and portions of it are
included. In Pennsylvania, State participation in residual waste management
resulted in an areawide approach from the outset. The Pennsylvania provision
is included here because it is typical of those State acts that demand that
all waste management plans be submitted by local governments to the State
agency for approval. It also recognizes that one municipality may not
possess adequate resources or financing to submit plans, so a provision
is made for municipalities to submit joint plans. Pennsylvania's statute
requires that, upon approval of a management plan, the plan be implemented.
To back up this comprehensive program of planning and implementation, the
agency is vested with enforcement authority. California and Washington
have implemented comprehensive planning, requiring local planning to
take notice of the general plan and to be compatible with that plan.
5.2.4 Section VI, Responsibilities and Duties of the Enforcement Agency
Every state in the sample had good enforcement provisions. The COSG
Model provision is a very direct, compact way of establishing an agency's
ability to enforce environmental legislation. This provision describes the
agency procedures which commence with preparation of rules and culminate
with institution of judicial action. The California, Illinois and Oregon
provisions are combined with the COSG provision to offer a more comprehensive
enforcement scheme.
5-10
-------
California has a unique and effective provision i'or securing injunctlvc
relief, I.e. to •"ecelve such "eiief it is not neccs.s.jry to meet the traditional
requirements of irreparable injury or an inadequate remedy at law. Cali-
fornia has thus demonstrated ,3 very strong interest "i>i protection of
water resources,
The Alterative Section makes provision for t'i«: -^qency to institute -2
proceeding at law and in equity when the violation creates a need for
Immediate action. It further enables the agency to acr in a s-jiiinar/
fashion, (without tht need of d pri&r admi ni stt at * '?. T )ceed ; ng! , vhen the
occas i on demands .
5.'i-5 SectJ_£n V I [ , Ope rat i on s and F[ nanc ing of A^eawide Plans
The best method of financing pia.visng :s the one that works bes* Irs
eacp State, The Mode] reflects Henn&y 1 vetniu !s approach to appi-op'- i^t.*
fur.ds tx- pay a f t xed percentage of each I teal i 1 1>: s ' cctal cost. T^is pro-
vides an incentive to do the plaining but assursj that the loca1 gov/ern-
menrs have a stake in the venture. The al rernat i'.--»f lisle.d inc'-urie State
qrants, the levying or taxes and the issuance of *.ct,:^« ^s nietho'Ss of
f ii<"ncin«j.
5-2.6 ec JL)L^ fc v
Along with the emphasi? tf)on tne cstabl ishfiieit of a comprehensive
piisn. the form of inrra-iriur. iclpal authority Is a i sc acd/essed. Again,
although Pennsylvania's direction is toward compat ;b* H ty with a 9&r.eic>!
plan, it recognizes the need i'cr and encourages Io-;jl governmenla 1 units
to develop waste management services u-ithin its boup.da'"ies. The Oklahotw
legislation adds greater definition to local waste Ranageaient pj^nij.
5.2,7 Secl:^ i QJ"> _V j _ J i i ( B ) ___ Em i nen_t_Do!nq_m_1 _Zon_ in£_s no_ P r e e;ri£>J:J_p n
How to site, where to site, and who has the ,iuthoi it> to i'ire, are all
questions of importance when implementing a waste rnanagement plan The
States afiu1 local governments have varying procedures for excrr. issna their
author; Ty rsgarulng eniinant doinain and zoning, Oregon tinri Connecticut were
selected as representing a sound approach in ^^.fercisirig t.Kuse gov?.rrmr.s"iral
powers, and ;n meeting constitutional safeguard::-.
5-1
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I'he States In fhj. sample have taken quit-?, diverse positions on the
questions of preempt ;c" of locai zoning la-ws, Connecticut, ^ho's law is
used In the Mode), rf2S,LJIS-,t D^rmit preemption; the land acquired by eminent
rio.Tuin may only be js^d for a disposal act'vity if the- xoninn,, at the
tirre of condemnation, ,vil! a' low such use. Minnesota and i'linois, among
of bar ^totv's., permit ev^n .'ondemnfed lard to be a«;ed for wastf. disposal
activities, on a proper shewing of necessity, irrespective of existing
zoning. The waste management officials contacted in the course of this
;->sje' ch , are almost jr :-2 Co; '>cc.r icu'; provision on zoriinc does not constitute
an .jnaorserneiit of the "o-pr-'ernpt ion school, nor Is that position condemned.
it is o nwttef for Rao!*. Gf ^..e iegislatur*'. Lo decide, on the hdsis of the
3trte'i own priori tic;.
,r5.2 3 Sjfj;t L2!l_l^l£) ^ f ui ( 8 ) Criteria f o r_ Iocs i tjoii And j.lj^ss j f jca^t j on
The Colorado prr/vision fv cetermiriing the acceptabilit/ of a
proposed Icind^iil o i ce is used because it contains one of the most
detailed cliecl- lists of rectors that must be considered in reviewing
an app "neat ion for a lanafiT' permit.
Ths Caiifornlo provision for site classification is unique among
tn-i Ciate? ssmplfjii, atv-J nay be the only one in the United States that
matcim.-j three tJa^-JS of disposal site to tha groups of v/astes thdt may
be rcnjl'jrted to e?,c.h class of cisposai sice. The history and features
of th's scheme are f!«.v^Joped further in paragraph 5.2. 1^, dealing with
i iaza i Jous was te d i spos 3 1 .
5-12
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5.2.9 Sectjcjrt X and XI Permits and Standard ?zat ion
Every State in the sample utilizes a permit system, and all of
them provide regulatory agencies with significant authority over a wide
range of waste management activities. The COSG Mode! provides information
needed by the State to establish and operate a permitting authority, Permitting
aHows agency control over ^aste manageirent, by setting conditions prior to
any use and provides a basis for initiating prompt remedial action. Tha COSG
Model defines the application, renewal and revocation criteria. The
inclusion of clauses from other states' statutes shows the wider scope of
control which permit programs can provide. Some states' permitting require-
ments were less affective because of substantial exemption provisions.
5.2.10 Sect ion XJ(B) Variances
Al"( of the States in the sample have made some provision to permit
continued use or operation of non-conforming disposal activities until
the affected communities can establish approved, sanitary landfills or other
disposal or conservation options. Almost all of the States require a
showing of necessity or hardship and require a time certain, when the non-
conforming use will be discontinued.
Waste management officials in several States reported that variances
are mis-interpreted by a number of communities to be "Grandfather" clauses
which would permit indefinite operation of an existing, non-conforming
disposal facility. The. term "Grandfather" clause is used in the model
with a set of examples that require a time certain for terminating the
variance, in order tc disabuse the holder of a variance that it may be
a continuing exemption from exii-ting law.
The California provision, which is made the principal example in
the model, makes a special exemption for experimental programs to be con--
ducted under competent sup>erv» s ion. Several of the States in the sample
have s'milar exemptions, without which new disposal procedures cannot
be developed.
5.2.11 _Sect_ujns XJ i and X! ! i Enforcement, Pena It ies and inspections
There Is a wide variety of penalty provisions and severe) are
5-13
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Included in the Model as options. New Jersey has identifier! 1 he party
who is to be punished. Oregon provides that each day <3 violation con-
tinues, a separate offense is committed. Oregon goes on to state that
the remedies expressly provided in the Act in no way derogates from other
remedies. New Jersey is indicated as an alternative because it allows
summary proceedings to be instituted by the agency in the name of the
State. Oregon establishes a scale to determine the degree of imposition
of civil pena!ties.
inspection provisions ?>re very similar, and those of l.'sli fo>riia
and Washington are typical. Judicial and Administrative hearings must
comply with constitutional requirements and are very similar in each State.
5.2.12 Section XIV Sita Closure
Many stages deal with the requirements that must be me*- before closing
a site. Many states did not give sufficient recognition to the possible
harm that can result from improperly closed sites. The Connecticut procedure
defines closing raquircments and the owner/operator responsibilities that
ara of a continuing nature after site abandonment -
5 • 2. ^ 3 Sec t£on^X\i' Reuse and Conservation ly_ent_r/e
Examples of incentive type legislation in the sample States is
sparse. California utilizes the traditional incentives, with the addition
of an innovative "percentage depletion Allowance'' and disposal taxes
Minnesota's approach is to levy a fee upon the amount of materials deposited
in permitted landfills. The Model also Includes a provision for the
reusable/deposit type containers; this Oregon concept \3 designed to reduce
volume at the source and to prevent the accumulacior of residua"; wcisle, and
it is reported to be effective in reducing litte" in that State.
5.2 , 14 Section XV! I (A) ^Hajaj-dousand^ Toxic Wasjte ...Con__tro_ljs
Of the States that have legislated on disposal or hazardous w^sta,
Pennsylvania,, Illinois and California have provided the most complete laws.
A'though the manner of presentation of the confol strategy and review of
pennit application differs, all three states demonstrate awareness cf the
threat posed by hazardous and toxic wastes to their water resource
-------
Illinois law includes a definition of hazardous wastes, encompassing waste
chamicals, explosives, pathological material and radioactive substances.
Minimum standards expressed by each State explicitly call for protection of
surface and ground waters. Special restrictions or conditions may be
imposed upon disposal operations in each state to afford the degree of pro-
tection against water quality degradation that is considered necessary.
The Illinois law and regulations require the applicant to prove to
the Illinois Environmental Protection Agency (IEPA) that the proposed
operation will not cause air or water pollution, or violate any air or
water quality standards. Explicit directions are given to the applicant
concerning documentation necessary for approval. Proof is based upon a
technical study of surface and ground water resources in the vicinity of
the site. Maps and data to be submitted to the state must describe such
salient technical considerations as occurrence of ground and surface waters,
water diversion facilities in the vicinity, soil characteristics, conditions,
condition of the ground water and its flow, a listing of sources and types
of wastes, and the projected effect of the landfill on surface and ground
water qua Ii ty.
Part of the submittal consists of a map, or maps, of the site design,
showing the location of water monitoring wells and gas monitoring wells.
A monitoring program must be designed by the applicant and submitted as
part of the advance technical documents. Any other devices or procedures
necessary to comply with standards must be discussed.
Illinois conducts a two-step permitting procedure. The above
technical information is reviewed by IEPA prior to issuance of a permit
to develop the site. IEPA sets forth conditions in the development permit
which must be met before an operating permit may be requested. If the
applicant cannot prove that the site and proposed design are satisfactory
for a particular waste, permit conditions will not allow disposal of that
waste at the site. Hazardous and liquid wastes and sludges may be accepted
only if the permit authorizes their placement in the fill.
After it determines that the applicant has met all conditions,
IEPA may issue an operating permit. Conditions laid down in the operating
permit include the nature of wastes that may be deposited in the site,
5-15
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water quality monitoring and reporting, and adequate measures to monitor
and control leachate. Exemptions may be granted in the form of an ex-
perimental permit allowing non-conforming operations to be conducted for
two years, provided that some research benefit is to be gained.
The Illinois hazardous waste disposal control program is techni-
cally sophisticated. Its case-by-case investigation of proposed opera-
tions before discharge begins is quite specific to proper control of
residual wastes. Requirements for technical submittals to IEPA, their
review by the agency and lEPA's power to issue prohibitions and/or compre-
hensive conditions provided a substantial check list in examining candi-
date sections for the model law and regulations.
In California, direct regulation of the impact of all residual
wastes and particularly hazardous wastes, upon water quality has been exer-
cised for many years by the State Water Resources Control Board and the
Regional Water Quality Control Boards. Each of the regional boards followed
a system of disposal site and waste classification formulated by the
State Department of Water Resources. Control is exercised through the
approval of waste discharges with limits imposed on case-by-case basis,
for sanitary landfills, industrial dumps and other land disposal areas.
The boards have customarily classified each site according to ground and
surface water occurrence, the geology of the site and the type of waste
material allowed at the site. In 1972, the State Water Resources
Control Board formalized this procedure by adopting the present regulations
for waste disposal to land.
Class I'disposal sites, as defined in the regulations, are those
which are expected to provide complete protection for all 11me, for the
quality of ground and surface waters occurring in that area. These sites
are deemed safe for all wastes to be deposited therein, and the site re-
presents no hazard to public health or wildlife resources. Geological
and hydrological criteria for site classification are set forth in the law.
Group 1 wastes, defined as containing toxic substances and substances which
could significantly impair the quality of usable waters, may be deposited
only in Class I sites. The regulation lists the wastes which are considered
to fall into the Group 1 category.
5-16
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California regulations also formally establish Class II sites, to
receive Group 2 waste category, and these are primarily ordinary municipal
solid wastes. A Class III site and Group 3 waste category accommodates
disposal of inert solid wastes. These are not considered to have as signi-
ficant an impact on water quality as residual wastes deposited in the Class
I and Class II si tes.
In establishing waste discharge requirements for land disposal, the
regional water quality control boards must conform to the State Board's
classification system. Advance technical reports are required before
Regional Board action, much the same as in Illinois and Pennsylvania, and
the technical basis for detailed waste discharge requirements and monitor-
ing to be imposed are very similar. While the California Boards may not
specify site design, they do have authority to prohibit all portions of
an operation and to state the conditions which must be met, and this does
bear indirectly upon design.
The general problems of location and classification of waste disposal
sites, in Sections IX(A) & (B), and this section dealing with just hazardous
waste, tend to overlap at several places. The comments with respect to
the Illinois, Pennsylvania and California regulations actually pertain to
all three sections of the Model Law.
The California provisions (§IX-B) on site classification were used
because they probably represent the trend of future developments in hazard-
ous waste management. The Pennsylvania provisions are utilized in Section
XVII because of the wider range of hazardous materials covered and because
it is the simplest and most concise of the three States providing in-
depth treatment of this subject.
Waste management officials in each of the three States discussed
above indicate that while this regulatory area will remain dynamic for some
time to come, and much more experience is needed in controlling the impact
of these materials on surface and ground water, the laws and regulations in
their States are serving the purpose for which they were intended.
The hazardoi1" ^Le control program is made complete by adding pro-
visions for a "Spill Contingency Plan" taken from Minnesota; the main-
tenance of records by site operators and waste haulers, taken from
California; and a proposed regulation of the movement of hazardous
5-17
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wastes over the road. No provision was found in the sample States that
deals with this latter problem. Section XVI I (C) was drafted to address
the condition described in Chapter III, Section 3.2.9, supra.
5.2.15 Section XVI I(D) Abandoned Motor Vehicles
This section is included because of the innovative procedure that
Minnesota has adopted. By offering an incentive to a scrap reducer, in
the form of a subsidy amounting to the difference between the scrap reducer's
cost of reducing and the value-of the materials recovered, Minnesota is
able to reduce the load on landfills and assure the recovery of natural re-
sources that would otherwise be reburied in the earth. While the applica-
tion described here is limited to automobiles, and does work well in Minnesota,
the concept could be applied to the recovery of other materials where the
market price is slightly below the cost of reclamation.
5.2.16 Section XVI I (E) Mine Drainage
The Pennsylvania provision is utilized here because that State has
had considerable experience in this area of water pollution control and
because this provision reflects the heuristic, case by case methodology
required to balance the legitimately competing State interests involv-
ed.
5.2.17 Section XVI'l(F)s(J) Feed Lot Drainage S Waste Piles
Animal wastes are not a "residual" until they are collected and in
the process of some form of disposition. The State laws and regulations
dealing with this subject do not make that fine distinction, but almost
all of them do encompass the problem of drainage from waste piles in their
regulation. The Oregon provision was selected as being typical of those
in use in the sample States. The Pennsylvania and Minnesota rules in
Section XVI I (J) deal specifically with the drainage from the residual,
e.g. after collection of the waste. The "waste pile" may be manure,
mine tailings or other materials that are subject to leaching.
5.2.18 Section XVI I(H) Waste Disposal Wells
A number of States in the sample have provisions similar to the
Oregon section used in the Model. The salient characteristics of
each are the permit requirement, which allows a thorough investigation of
the possible deleterious effects on water quality, and the requirement
5-18
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of a showing by the permit applicant that NO OTHER TREATMENT OR DISPOSAL
METHOD, which affords better protection, is REASONABLY AVAILABLE.
It would appear that a stringent interpretation of "reasonably
available," would end this source of potential hazard to ground water,
but economic considerations will probably lead permit authorities to find
hardships that warrant continued use of disposal wells.
Well plugging requirements are quite uniform in each of the States
that discuss disposal wells.
5.2.19 Section XV I I(I) Disposition of Dredge Spoil
The law and regulations of most of the States having a provision
dealing with dredged material are uniformly prescriptive, e.g. "thou
shall not place dredge spoil in such a manner that it may contaminate water
resources." The Washington provision used in the model reflects a nor-
mative approach which recognizes that dredged material must go some place.
This provision requires that all local master programs (general plans)
must include long-range uses for dredged material on the land.
5.2.20 Section XVI I(L) Application of Sludge to Farm Land
The States in the sample have not legislated or regulated directly
on this subject. The attitude of the waste management and health officials
who were interviewed on the subject, indicates that most States consider
such practices to be regulated under existing permit laws. As is noted
in Section XI(B), California would probably permit land spreading of
sludge, under terms of a variance, depending upon the chemical analysis
of the substance to be applied to the land.
In Section XVI I(A) (3), the Oklahoma rule would permit "soil farming
techniques" to be used even for heavy metal laden sludge, if the agency
is satisfied that site conditions can be controlled so as to avoid water
pol1ut ion.
The Illinois draft of a proposed law used in the Model, provides
a set of guidelines for controlled use of sludge on land. It is anti-
cipated that safe application rates may vary from region to region,
based upon factors discussed in paragraph 3.2.6, supra.
5-19
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APPENDIX A
GLOSSARY OF RESIDUAL WASTE TERMINOLOGY
Throughout our research of the selected states' statutes and re-
gulations, it became apparent that the area of residual waste has a
vernacular of its own. This Appendix is a glossary of terms with their
definitions; it will prove helpful in standardizing the terms to be
used when drafting legislation and in daily communications within the
residual waste area. The contents of Appendix A are those terms and
definitions currently being used in existing legislation; they were
culled from the acts and regulations of the twelve states involved in
this study.
-------
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,,i Mium-socrf. Si a tut"0;, Kiu.Ol, that,, < •• ) l.its
roam i;j.,'d fO7- .; portod of rrioiv '!;;'.:) 4H iioui> ••>!
oi.'oli.'. propel i~>' j 1 1 ,?ga 1 1 v , 'ill has r^i"'. lined
f .-r a i.etiod of more thin 13 no.T.j <">n public
r>top(->rt ;• snd :s laokJtig vital eoT.porioo ;; ,>atts
such thdl it u i1) an ir.opt-rsbl".' cor.dituon.
(in'i has r=iT"tippd for t ooi'iod of Tnor'J tha;,
4>- hours on j-1 vate proper!;,- without the
oonsea; of lh>- poison in control ol such prop-
erty, (>v) ha^ iemr)ii:f>d fT a period of rroro
than 48 t,our<- en pr:.vjte proper*} . A1'.'"' or
•,vi thii.it the rcn.ser. i. ot the p in eor.t ~>". o
snch property which is J n an inoperable
comli i, L j-i ,-jiK'ti t, r:=u '.t ts?!i no sjhscan ,."' a I ,
oote-iit: j. 1 iinTh<>'" use oon^iatent *-it.;i its u?;ial
i'lnctLfrr, yijf. i it is I'.ODL" in aii cT' !r.:,»;rt
irar.igt' ir Sit ;rtsr^ !.-ui . d ;rig , ! •.' ; ha^1 bf-?i,
vo.1 ur - a": iy S'J.-T ^ndtred bv its u>'ner u & 'T. it
o:' gnvernmoi'i 01 \ pt"~:-;or, duly "licensed
purs.iara to Minnesota StTtutPS 168P.IO ,->nd
taeae reguia f i •->•; o . 4 ol->«sj.i car or p'onet-r
c.ir. rs c'-Tflri'd ir V.iunotot s St.\t i*ic-s , 16°,, 'C
.ha1' not o? coiSiUtii-eri 'if' abundi nert Tr.tor
"eh 3 ^ It; wif-hii1 t '' t I-T
1 Ab^nd'^ned _Vt b;.Mes ' ^icl^dr:^ iGhicUn
mth or without motor power, incljdin.g cars,
tiucks trailers, rm'fcj 1 1 lion.os , !>i,se,-i, etc.,
lc!t Jii bubl!>" ''-" private property tor a:i
extended poriori 01 ti"ie and I'sially J .1 an
iiiopcrabl0 01 hazardous .oidition.
__ ___
working surfsre 01' n hai;dfilJ upon which
solid wastes r,re depot-ir,t--J dirrmp: thf isa
fil] oporat ion, prv-T li^ tl.o plcirc^riif p ^ o1"
shdll mean a::j< contrc Ili^g er.ticy,
puDli'; o™ private, elected, appointed, or
volu'-teer util 17~ ng- m^thoHs approver, by the
Hei<3th Department t- pnrpo?i of
";o,i trol 1 tnp, and t.up.'-'-vj ,-.,ina ti^f- collection
,'nd/or dtsposn! <, C so 'id -.vasct';'; .
11 Agr 1 cu! ( ui ;i_i Ko Lj^^l1" -ol :• cl_f/as t_^j_.. A;,ricul -
tura] So" ,d V-'astPf :n:;uuG v.dstcjs rf-rultirtf.-
from the proc''n ^OR and pr j< tsr : n>i oi 'arm
or .igri ju 11 jrv i product'-, inc.'uojnt nu.ribres,
pj'urii.p's and r - op- ^'t ^o tiuo.s \vherr'\tjj' produced .
'L^nJ-Liy * ViJiiLl-?js' 3bail mean "tnimal
pan\,ip w^T-h it- stored, transporirci o:%
di~pcs<-:f -)f .is an unw-u,(er' was*o iraterial
and \'hn.h puses a pott nt :-.1 pojlutior. hazard
to the ^na, air or waters or the Statp, This
nhdil rr-t include ant'n^.] rnarure usfj as
f'-Tl ilizcr.
-'i,-,hoj!'' ri'he ^o J i J i erf ' due i rom
bi.rnir.g oj wood, corJ , coke, or other
comJ/oatibte maternal u=ed cor boating, or
from incineration of solid wastes, but except-
.hg soli.J CPU': H\if the istora^'J or disposition
ot which is controlled by ^ther ageiU'j.es.
j" is t!,
ooke o'
-"PS .'due from the buiniig
thr.i i.r.mhustible
Dedroc> - the sol if. rock exposed at
the S'irfact; of the earth or overlain by
unfonso1 idat eri rnater tal
5e^d'''JC'k - ttie soiiu rock exposed at
th° surt-i'cf=""f' the eortl' or overlain by
mater.'.al.
3j_!J 1c^__wa_oj._e - J.,irge items of refu&fc
i icluding'bTit not jf.Tiited cr> aupliances ,
furnitaie, targe auto parts, trees, branches,
a:id stamps
buiky J'astje. 'Calky Waste" includes
large items of solid wastes such as appJ iances ,
furniture, large auto parts, rree^, branches,
dlua-.ps and other overside wastes whose lar?f-
r-'ize prei'inrips or coniplif.ai.os Lhetr handling
t>y normal col 1 f-c t1 or. , .j)' >< ess ing or disposal
^il^JSJi— *?_Sl 11 fibjp wastes.
The tern o.ijky w&ste includes, but it not
necossariiy limited to , the lol lowing: tires,
rubble, stmnps, and white nooda.
completely
-------
Col 1 e c t i n p- Agency is any agency.
business~o"r~ pr ivjTla or rm'nieipal corporation
for the collecting of solid waste.
Collect ion Vehicjo or Equipment
includes any veiucTe" or" equipment -Tied
in the collection of residential re:use
or commeiical sol 3d wascc-o.
Collector Collector means z. person
holding a valid license from the Agency to
engage in the collection of afcanaonod nr-tor
vehicles and other scrap treta.!
Construction jipd demoli tion waste -
Waste building raaterials and "rubbTe resulting
from construd ion , remodeling, repair, and
demolition operations en houses, commercial
build-ings, and other structures and pavements.
Construction and Dernol it ion Wastes.
"Constfuction and Demolition Wastes" include
the waste building, .materials, packaging and
rubble resulting frorn construction, remodel-
ing, repair cind demolition operations on
pavements, houses, commercii] buildings and
other struct. if-as.
^S^-^Stjbl°_.P'':'Ju.so includes any
burnable mate rials.
Comaet'cia 1 ^jwau eg - Al i sx-il.i wasi f
emanating 'from establishments engaged in
busines.3. This category includes b".t is not
limited to so; id waste orig.-nating In stores,
markets, office huijdings, restauranrs,
shopping cente-"£, and theaters.
Comnieiv i a > Solid frart e_s i n c 1 u d e
all types" of "solid wa.3trs gereiatod by
stores, offices and other coK>rm=reJ ai
sources, excluding resDdences, ar.o
excluding industrial i* as l e.-.
Compactiou - the r-jrluciioa of volume rf
material under load.
Coingpstir.f or Compost Plant shall mean
an DffTcialTy~™GnU-6TTeiii:ro3iai deg-ia''n~
ticn of organic waste-i yielding a ...sff
and nuisance free proCuei.
Com£osjtJ.ri_g is t!ie process c" bioohemic?. 1
degradation of organic njste under control-lad
conditions.
Composting - th-s sroces;~ in viic.o solid
waste is shreddt-d or ground anrt i i.'Oii bio-
chemically decomposed under conrroil.-d
anaerobic or aerobic condition:-! lo vioic'. a
stable, nuis.^nca-free,haTnis-3 ike prDduct which
may be used a« a noi1 conciit i'.jner
Com_po3_Lj._ng - Compost tn f: me ins the
controlled" biological dccompcsj.ti'-.r, ci
selected solid wafte iu ^ .nannei rtSult'.n^
in an innocuous final product.
A 1'Comp;,-st1ing nlb._nj_' is- a s'-iid waste
disposal facil-itj utiJ'^inp bioc!""-Tnl'-al
degradation t.c .-hp.nR'. cfpc-oiKoc a ft t J <•- po'-tiops
of solid wast" t<> a :iu>]>us-MV«- •r,Htf''ial ,
Container- Pet achaplp - is a partially
•neehaiTzed self-service refuoe storage
couta Luer 'for individual or bulk use, utilizing
spec I a1 equipment for emptying or transporting
to tho dlfposdl site.
____
. is a we- otrengeh kraft paper or
polyothyiene ais.^ardable container that is
free standing, affixed to a wall, or mounted
CP or in special racks or boxes with a
cppacity of 5U to ^5 gallon capacity.
. ._.'aKg-^.Al>di /idual . _
-s a durable, corrosion-resistant, rodent-
resistant. easily cleanable container with
tight fitting lids f-.nd equipped with suitable
handles with a capacity of 32 gallons or less.
Contaminant is any -so lid, liquid, or
qaseous nutter, any odor, or any form of
energy, from whatever source.
Cover pat.etjal means soil or other
suitable mstf-rial used to cover compacted
soiid waste in a solid waste disposal area.
This material shai] have a tertural range of
sandy elny, sand^ clay loam, sandy loam,
loamy iand, clay loam, loam, silty clay loam,
or si Ity loam in accordance with the National
Coopei at ive Soil Survey, ?s raay be amended
frotr time to ^im-i by the U.S. Soil Conservation
Servj ce.
__ "Cove:- Ms.terial"
ne.'ifif !-fiJs c/r other s'.'i table material
that is used to cover corr.pacied soiid
wsste.s in a ',J,ispcsai S;ji»e.
Cover mate^ria_l - soil or other material
that is used to cover compacted solid waste
in a sanitp.r; landfill and that is free of
objects that "vould hinder compaction and free
of content '.hat won ' rJ be conducive to vector
h?rboraR<-', f'-cding or oreedir.K,
Ba_£_ly_Cqv;er '.ncludes that cover
material spread and •-•oinpact.ed on the
entire siirface of the active face of the
sanitary Ja;idfiil at. le^.st at the end of
eich operatiiu' day in order to control
vectors. r:r->, water infiltration, erosion,
'ind to pr?ver.". un--, i.ghtllnoss .
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_ "Bead Animals" include
those anTH)aTa~w5osp carcasses require dis-
posal .
D§£2!2E2^iH.£S.-5&£.f!5 • "Decomposition
Gases" "include gases produced by chemical
or microMa] activity e,ni; any place st whic1?
solid waste is dumped, abandoned, accepted or
dispos^u of by incineration, land filing, com-
posting or any other method.
;1lsJ^jtj.c _waetg or hoi:jieho_la .waste - Solid
waste,' comprised of garbage""and "rubbish, which
normally originates in the residential private
household or apartment 'louse.
Dump. "Dump" means a disposal site
which is exi'osea to the elements, vectors
and scavengers.
''Enginoering data' shall mean information
describing the area of disposal oites in acres,
a description of the access roads and roads
within thp site, a inscription of fencing en-
closing the disposal site, and overall plan
listing the method or methods by which the
disposal site will be filled with refuse and
the i'se to which it wij.1 be placed once the
site is filled and closed.
'Engineering Report Design Criteria''w
shall mean" the Minimum requirements whTcF™
shall be applied to new facilities proposed
for designation as a solid waste disposal site
ar;d f AC il it}>.
Faci^lj^ty - any device, mechanism,
equipment, or area used for storage transfer,
processing, incineration or deposit of solid
waste.
"Feedlot Opeiator" jhali meat: an indiv-
idual, a corporation, a group of individuals,
a partnership, joint venture, owner or any
other business entity having charge or control
01 one or more livestock feedlo*s, poultry lots
or other animal lots.
"Fertile
sh&ll mean (s) animal manure
which is put (.,11 or in the soil to improve the
quality or quantity of plant growth, or (b)
aaimal manure winch is used as a compost soil
-,ondit ".oner , or specialized plant bed
Fill. "Fill" incluaos compacted
solid waste an<3 cover material.
Final Cover. "Final Cover" means
co\er material that represents the per-
manently exposed final sirfacp of a Till
A-3
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Final Kite F»ce.
'Final Cite Fac<;" means
tne final exterior surface o( lite completed
portion of a rill.
Garbage. Garbage is discarded material
resulting from the handling, processing,
storage, preparation, serving and oonsuTpt.ion
of food.
Garbage - Solid waste resulting from
animal, grain, fruit, or vegetable natter used
or intended for use as food.
"Garbage" is all putrescible material
including animal and vegetable wastes, resulting
from the handling, preparation, cooking and
consumption of food, swill and carcases of dead
animals, except sewage, sewage sl'jdiii,, and
human ooiiy wastee.
Garbage. "Garbage" includes all
kitchen and, table food ivaste, and animal
or vegetable waste that attends or results
from the storage, preparation-, cooking or
handling of focd stuffs,
"Garbage" is waste resulting from the
handling, processing, preparation, cooking, aid
consumption of food, and wastes frorr t.ie
handling, processing, storage, and sa'ie of pro-
duce.
Garbage Putrescible animal and vegetable
wastes resulting frorr. the handling, prepara-
tion, cooking and consumption of food, inc-
cluding wastes from markets, storage facilities,
handling and sale of produce and other food
products, and excepting such materials that may
be serviced by garbage grinders ana handled as
household sewage.
''Geological data," shall mean classes of
soil to a reasonable depth from the ground sur-
face, the location and thickness of the signifi-
cant soil classifications throughout the area
of the site and to extend some distance beyond
the boundaries of the site, to include informa-
tion on water elevations, seepage quantities
and water wells 1,000 feet beyond the boundary
of the disposal sice.
Ground water - Water in the ground that
is in the zone of saturation
Groundwater - water occur"ing in the zone
of saturation in any aquifer o; :-oi L
Groundwajer means water present in the
zone of" saturation of an aquifer.
Hazardous Wastes shall include but not
be limited to~~wastes resulting from the manu-
facture or use of pesticides and drjgs (other
than normal household use), pathological
wastes, explosives, radioactive material^, and
like dangerous or toxic materials that should
not be handled in the manner prescribed for
normal wastes.
other so"; id waste, be infectious, explosive,
poisunoufe, highly f 1 aranable , caustic or toxic
or otherwise dangerous or injurious to hu^.an ,
plant or animal life, but does not include
Environmentally Hazardous Wastes as defined in
Section 1, Chap, 699, Oregon Laws 1971.
Ha gar do us waste - Any waste which by
virtue oi" itf qua'."'*" i ty or content presents a
hazard to tha individuals handling it, a haz-
ard to paolic health, or potential pollution to
the air or waters c>1 this Ccnmonwealth or makes
lanu unlit or undesirable for normal use. This
category shall include but 1,3 not limited Co
chemical?, explosives, pathological wastes, and
ive materials.
' !ifi£;frP>''if= I'"'16 *=:!'. ^rc ludj but a/'e not
linn *. eJ i.o, Hxplocivef;, LWviios..1 wastes, radio-
act iv° wsst.es, and ehtr.iicals which are harmful
to tUc- public health or the en'-'ironment .
hazardous wa_§j*§. ~ aoiid waste with inher-
ent properties which make such waste difficult
or dangerous to managd by normal means includ-
ing but nor limited to chemicals, explosives,
pathological wastes, radioac'*'} ve materials, and
wastes likely tc., cause fire.
' llagardo.is Kia_tf;ri_al and toxic substances"
are liouid ~or so fids; which can be dangerous to"
:Mn, animal s.nd plantlife unless properly
neutralized.
Hazardous wastes mfei'.ns solid and liquid
wastes in the following classifications:
(a} Explosive;;; ib) pathogenic wastes; (c)
radioactive wastes, (d) cheirictil wastes which
either create an immediate safety hazard to
persons disposing of the waste or which by
virtue of their chemistry and/or the method of
disposal present a threat, as determined by
the Commissioner, to the quality of gound or
surface waters, (e) hospital operating room
wastes
liazai'dgub ..J11' agj.es . "Hazardous Wastes"
include any waste material or mixture of
wastc-'K which is toxic, corrosive, t1r.nma.bLp.
an irritant, a strong sens it izer, which gener-
ates pressure through decomposition, heat or
other means , if such a watte or mixture of
wastes may cai't,e oubsti'itial personal injury,
serious illness or hai-m to huiians. domestic
ammals. or wildlife, during. T- e.s an approxi-
mate result of any disposal of such wastes or
mixture of wastes as dffined in Article 2,
Chapter 6 5, Section 2M17 01 the Health and
Safety Code The tenr.s ''Toxic", ' corrosive" ,
" flammable ' . "Irritant1 , ar.d "stiong stnsi t izei-1'
uhali be given the same meaning as in the
California HaT,-. rdovs Substances Act (Chapter 13
commencing vnth Section 28740 ot Rivisioi! 21 of
the Health and Safet., Code).
"Hazardous Solid Wasu
is so Ijd waste
that may, bv itself or in combination with
"liejtt- trea ted" means <>. process of drying
or t roaming sewuge sludge where there is an ex-
posure of alj portions: oi the sluage to high
toiiireruturPi. for- a. sufficient time to !;ill ail
pat nogen i<:. crga-iisrjs
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"Hydrological data" shall include aver-
age, maximum, and minimum amounts of precipi-
tation for each month of the year, surface
drainage facilities, streams and lakes adjacent
to the disposal site, irrigation water ditches
adjacent to the site, wells, streams and lakes.
Incineration. Incineration is the pro-
cess of burning wastes, for the purpose of
volume and weight reduction in facilities de-
signed for such use.
Incineration - The process of burning
combustible solid waste to an inoffensive gas
and an inert residue.
"Incineration" is the controlled com-
bustion of solid, liquid or gaseous waste
changing them to gases and to a residue con-
taining little combustible material.
Incinerator shall mean a device designed
to burn that portion of garbage and rubbish
which will be consumed at temperatures gener-
ally ranging 1600 degrees F or over. The un-
burned residue from an incinerator, including
metal, glass and the like shall be called
ashes.
Incinerator. "Incinerator" includes
any equipment used for the volume reduction
or destruction of combustible wates by burn-
ing, from which the exhaust gases pass through
a f]ue.
"Incinerator" means a combustion device
specifically designed for the reduction, by
burning, of combustible solid wastes.
"Incinerator" is a furnace and associa-
ted building designed to burn solid wastes
under controlled conditions, of more than 50
pounds per hour capacity.
Industrial Wastes. "Industrial
Wastes" include all types of solid wastes
and semi-solid wastes which result from
industrial processes and manufacturing
operations.
"Industrial Wastes" are waste by-pro-
ducts at manufacturing operations.
Industrial waste - All solid waste re-
sulting from manufacturing and industrial pro-
cesses such as those carried on in factories,
processing plants, refineries, slaughter
houses and steel mills
"Inert Material" is inactive or neutral
solid waste.
Infectious Wastes.
Wastes" include
' Infectious
(a)Equipment, instruments,
utensils and other fomites ol a disposable
nature from the rooms of patients who are sus-
pected to have or have been diagnosed as having
a communicable disease and must, therefore, be
isolated as required by public health agencies;
(b) laboratory wastes, including pathological
specimens (i e., all tissues, specimens of blood
elements, excreca and secretions obtained from
patients or laboratory animals) and disposable
fomites (any substance that may harbor or
transmit pathogenic organisms) attendant
thereto; fc) surgical operating room patholo-
gic specimens - including recognizable anatomi-
cal parts, human tissue, anatomical human re-
mains and disposable materials from hospitals,
clinics, outpatient areas and emergency rooms,
as is also defined in Section 314 (d) of the
California Administrative Code, Title 17.
Institutional Solid Wastes.
"institutional Solid Wastes" include solid
wastes originating from education, health care,
correctional, research facilities or other
similar facilities.
Institutional waste - All solid waste
emanating from institutions such as hospitals,
nursing homes, orphanages, schools and univer-
sities.
Intermediate Cover.
'Intermediate
Cover" means cover material that is
applied on areas where additional cells are
not to be constructed for extended periods of
time, and therefore, must resist erosion for
a longer period of time than daily cover.
"Junk Automobile" is defined to be the
hulk of body of a motor vehicle essentially
suitable only for one use as scrap metal. Junk
automobile parts constitute the normally re-
cyclable materials obtainable from a motor
vehicle.
"Land Disposal Site" is a disposal site
at which solid wastes are placed on or in the
ground for disposal, such as but not limited
to landfills, sludge lagoons and sludge spread-
ing areas.
Land Pollution. Land Pollution is the
presence in or on the land of any solid waste
in such quantity, of such nature and duration,
and under such condition as would affect in-
juriously any waters of the state, create air
contaminants or cause air pollution.
"Landfill" is a general term meaning all
landfill operations such as sanitary landfills
and modified landfills.
Leachate. "Leachate" includes
liquid that has come in contact with or
percolated through waste materials and has
extracted or dissolved substances therefrom.
"Leachate" is liquid that has percolated
through solid waste
"Leachate" is water that has passed
through a landfill or an accumulation of solid
waste, containing dissolved and suspended and/
or nicrobial contaminents.
Leachate - liquid containing materials
removed from solid waste.
A-5
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Leachate means that liquid which results
from ground or surface water which has been in
contact with solid waste and has extracted
material, either dissolved or suspended, from
the solid waste.
Lift - An accumulation of daily refuse
cells over which an interim cover of at least
12 inches of compacted soil is placed with
the intent of transfersing the site with a
similar lift.
Lift - an accumulation of refuse which
is compacted into a cell and over which com-
pacted cover is placed.
"Light Material" is paper, plastic, card-
board, and other wastes which may be wind trans-
ported.
Liquid Wastes. "Liquid Wastes''
means waste materials which are not
spadeable.
Litter. "Litter" means any post-con-
sumer solid waste which is not deposited in
(1) an authorized solid waste disposal site,
(2) appropriate storage containers or (3) in
other areas designated for disposal of solid
wastes.
"Litter" is solid waste that is scattered
in a careless manner.
"Litter Receptacle" is a specialized
storage container for nonputrescible Litter
approved under the litter control act
"Livestock" shall mean beef and dairy
cattle, horses,swine and sheep.
"Livestock Feedlot" shall mean the
confined feeding, breeding, raising or holding
of livestock in enclosures specifically de-
signed.
Local Government. "Local Government"
includes a local public entity which includes
a county, city, district, or any other special
political subdivision, but does not include
the State.
Maximum high watertable means the highest
elevation reached by the upper level of the
groundwater as determined by prudent engineering
evaluation.
"Metallurgical slag" is the cinder or
dross waste product resulting in the refining
of metal bearing ores.
"Mill-tail ing
___ are that refuse material
resulting from the processing of ore in a mill.
"Mining wastes" are either mill-tailings
or metallurgical slag or both.
Modification - any physical change, or
change in the method of operation, of a solid
waste management facility. For purposes of
permits issued pursuant to thus Chapter, the
Agency may specify conditions under which a
solid waste management facility may be opera-
ted iwthout causing a modification as herein
defined.
"Modified Landfill" is the disposal of
solid waste by compaction in or upon the land
and cover of all wastes deposited, with earth
or other approved cover material at specific
designated intervals, but not each operating
day.
"Natural Resource Systems" means the
total system produced by the interaction or
interdependence of the earth materials, the
atmospheric system and the biologic system
for any designated geographic area. These sys-
tems include but are not limited to the
characteristics and behavior of soil, uneon-
solidated geologic material, bedrock, surface
water, subsurface water, air, climate, and the
biota.
Non-Combustible Refuse- "Non-
Combustible Refuse" includes miscellaneous
refuse materials that are unburnable at ordinary
incinerator temperatures (1300 to 2000 degrees
F).
"Non-digested Sludge" means the sewage
sludge that has accumulated in a digester but
due to a lack of environmental control has only
partially decomposed.
Nuisance.
"Nuisance" includes
anything which is injurious to human
health or is indecent or offensive to the
senses and interferes with the comfortable
enjoyment of life or property, and affects
at the same time an entire community or neigh-
borhood or any considerable number of persons
although the extent of annoyance or damage
inflicted upon the individual may be unequal
and which occurs as a result of the storage,
removal, transport, processing or disposal of
solid waste.
"Nuisance" consists in unlawfully doing
an act, or emitting to perform a duty, which
act or omission either annoys, injures, or
endangers the comfort, repose, health or
safety of others, offends decency, or unlaw-
fully interferes with, obstructs, or tends to
obstruct, any lake or navigable river, bay,
stream, canal, or basin, or any public park,
square, street or highway; or in any way renders
other persons insecure in life, or in the use
of property.
Official plan - A comprehensive plan for
the provision of an adequate solid waste
management system adopted by a municipality,
authority, county or any combination thereof
possessing authority to provide or having
jurisdiction over the provision of such a sys-
tem, and submitted to and approved by the
Department as provided in the act.
A-6
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Open Burning. Open burning is burning
any matter whereby the resultant combustion
products are emitted directly to the open
atmosphere without passing through an adequate
stack, duct or chimney.
"Open Burning" is the burning of solid
wastes in an open area, or pile; or in a
barrel or furnace with inadequate controls
which yields an unsatisfactory residue and an
unsatisfactory air effluent.
Open Burning means the burning of any
material under such conditions that the
products of combustion are emitted directly
into the open atmosphere.
Open Burning is the combustion of any
matter in the open or in an open dump.
Open Dump - A land disposal site which
lacks proper management and is not operated
with compaction and cover.
Open Dump shall mean any officially
recognized place, land or building which
serves as a. final depository for solid wastes,
whether or not burned or buried, which does
not meet the minimum requirements for a
sanitary landfill, except approved incinerators,
compost plants, and salvage yards.
Open Dumping means the consolidation of
refuse from one or more sources at a central
disposal site that does not fulfill the
requiremetns of a sanitary landfill.
Operator - A person who owns, leases, or
manages a solid waste management facility.
Operator means an individual, certified
by the Commissioner, who is responsible for
maintaining the solid waste disposal area
in conformance with regulations and permit.
Operator means the person to whom the
approval to operate a disposal site, transfer/
processing station or collection system is
granted, and who is responsible for the direct
control of the receipt, unloading and
placement or further processing of solid wastes.
Operating Area Operating Area means that
portion of a disposal site which is currently
in use for the unloading and disposal of
wastes,
Operational Data shall include a plan
for overall supervision of the disposal site
to include supervisory personnel and labor.
Pasture - shall mean areas where grass or
other growing plants are used as food for
grazing. A pasture shall be deemed a. livestock
feedlot or poultry lot when the concentration
of livestock or poultry is such that a
vegetation cover is not maintained except in
the immediate vicinity of temporary
supplemental feeding or watering devices.
Permeability - the capability of a
material to pass a fluid.
Permit means a written permit issued by
the Department, bearing the signature of the
Director or his authorized representative
which by its conditions may authorize the
permittee to construct, install, modify or
operate specified facilities, conduct specified
activities, or dispose of solid wastes in
accordance with specified limitations.
Person - Person means any human being,
any municipality or other governmental or
political subdivision or other public agency,
any public or private corporation, any
partnership, firm, association, or other
organization.
Person - The term 'person1 means any
individual, corporation, company, firm,
partnership, association, trust, state
agency, government instrumentality or agency,
institution, county, city, town or municipal
authority or trust, venture, or other legal
entity however organized.
Person means the United States or
agencies thereof, any state or public or
private corporation, local government unit,
public agency, individual, partnership,
association, firm, trust, estate or any other
legal entity.
Person means any individual, firm,
partnership, association or corporation, public
or private, organized or existing under the
laws of the state or any other state, including
federal corporations, but excluding
municipalities, special districts having taxing
powers or other political subdivisions of
the state.
Person - Person includes an individual,
firm, association, copartnership, political
subdivision, government agency, municipality,
industry, public or private corporation or
any other entity whatsoever.
Person - person also includes any city,
country, district, the state or any agency or
department thereof, and the United States to
the extent authorized by federal law or
regulation.
Person shall mean the State, any
individual, partnership, firm, association,
municipality, public or private corporation or
institution, political subdivision or agency
of the State, trust, estate, other legal entity,
or agency, and any successor, representative,
or agency, and any successor, representative,
or agent of the foregoing.
A-7
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Person is any individual, partnership,
co-partnership, firm, company, corporation,
association, joint stock company, trust,
estate, political subdivision, state agency,
or any other legal entity, or their legal
representative, agent or assigns.
Poultry shall mean all domestically
raised fowl,including but not limited to,
chickens, turkeys, ducks, geese and game birds.
Poultry Lot shall mean (a) The place of
confined feeding, hatching, raising, or
holding of poultry in enclosures, yards or pens
where animal manure may be accumulated, or
(b) Range areas not normally used for pasture
or crops, in which animal manure may accumulate
and be carried directly or indirectly to
waters of the State or constitute a potential
pollution hazard.
Premises - premises includes a tract or
parcel of land with or without habitable
buildings or appurtenant structures.
Problem Wastes are bulky wastes,
abandoned vehicles, construction and
demolition wastes, industrial wastes, manure,
fly ash and such other solid waste that may
take special handling.
Processing of Wastes - Any technology
applied for the purpose of reducing the bulk
of solid waste materials or any technology
designed to convert part or all of the waste.
Processing. Processing includes the
reduction,separation, recovery, conversion
or recycling of solid waste.
Processing. is the opera.tion of solid
waste handling that converts it into a useful
product.
Public Waters - include lakes, bays, ponds,
impounding reservoirs, springs, wells, rivers,
streams, creeks, estuaries, marshes, inlets,
canals, the Pacific Ocean within the territorial
limits of the State of Oregon and all other
bodies of surface or underground waters, natural
or artificial, inland or coastal, fresh or salt,
public or private (except those private waters
which do not combine or effect a junction with
natural surface or underground waters), which
are wholly or partially within or bordering
the state or within its jurisdiction
Putrescible Material - is organic material
that can decomposeand may give rise to foul
smelling, offensive products.
Putrescible Wastes - include wastes that
are capable of being decomposed by micro-
organisms with sufficient ranidity as to cause
nuisances because of odors, gases or other offen-
sive conditions, and include materials such as
food wastes, offal and dead animals.
Raw Sewage Sludge - means the accumulated
suspended and settleable solids of sewage de-
posited in tanks or basins mixed with water, to
form a semiliauid mass.
Reclamation - is the disposal process in
which there is hand and/or mechanical segrega-
tion of solid waste for sale and reuse includ-
ing salvage.
Reclamation Site - is a location used for
the processing or the storage of reclaimed
material.
Recycling - is a process of reclamation.
Recycling - means the reuse of recovered
resources in manufacture, agriculture, power
production or other processes.
Recyclable Materials - means a type of
material that is subject to reuse or recycling.
Recycling Operation - means that part of a
solid wastes disposal facility or a part of a
general disposal facility at which recyclable
materials may be separated from other materials
and for further processing.
Recycling - means the process by which sal-
vaged materials become usable products.
Reducer - means a person holding a valid
license from the Agency to engage in the reduc-
tion of abandoned motor vehicles and other scrap
metal.
Reduction - Reduction means the decrease or
diminishment in bulk or mass of abandoned motor
vehicles or other scrap metal by methods approved
by the Agency, including but not limited to,
incineration, crushing, shearing, or baling.
Refuse - includes garbage and rubbish.
Refuse - is any garbage or other discarded
solid materials.
Refuse - is outrescible and nonputrescible
solid wastes, including garbage, rubbish, ashes,
incinerator ash, incerator residue, street clean-
ings, and market and industrial solid wastes, and
including sewage treatment wastes, which are in
dry form.
Refuse - All materials which are discarded
as useless.
Removal - means the act of taking solid
wastes from the place of waste generation either
by an approved collection agent or by a person
in control of the premises.
Removal Frequency - means frequency of re-
moval of solid wastes from the place of waste
generation either by an approved collection
agency or by the owner of the waste.
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Removal of Solid Wastes - means removal
of wastes from the premise where they (ire
generated or stored for disposal to .111 ap-
proved site by an approved collection agency,
by the waste generator or by his authorized
agent.
Residential Refuse - includes till types :>f
domestic garbage and rubbish which originate in
resident lal dwellirgs.
Hesi_due - Soi id riaterials such as ash,
ceramic-;^ gTass, metal «nd unb-ji ,\od organic
substances remaining alter j r.(
Resource j^onservat. Inn Programs - mean:?
programs whj-ch encourage so] id h.aterials con-
servation tid the re.i'jcti on of environmental
impact fro-n soljd wastt, including, nut not
limited to, public education and ijncoaragem-Mi '.
of market demand for reusable or recyclable
materials.. Genert 1 Ly such proerarrs arr subsequent U--.G or ben"fii .
Pesourcc Recover y_Faci lity •• itneun^ afuc-
tu'-es , machinery, or devjeoi which, singly r>r
in combination, are d^signsd, conslructeii and
opt-rated so as to sopai ate , process, connect,
treat or prepare collected solid wajt? in r,uch
a manner that component materials, substances
or recoverable resources may be nsf-J as > rav.
material or for other product-!'- e purposes.
5ss °_y^i£e s _!i§£iiY-p r s_
*^'5o.li^e.? Ji§::li^Ly^jli£i\il;ji " r""ani a
facility utilizing proces^et. -aimed at rei I aim-
ing the material o*~ e.i-rgy values fru:i soli i
wastes.
Resource Recovery Projects - means pro-
jects wrTich result in the design, installation,
implementation, or operation ot' ro=or.rot; re-
covery sysC'jn...? or resouici re?'-very f acj 1 iti e*..
Resource L Recover / S ys iem
re-^ovory wf
>or
ir.eaus any
:;yst-eTi used for the re-^ovory wf mat "rial or
energy from polid .vaste. or >or the ._ ol lect ] on .
transportation, separation, eort.'r.K process-
ing or storage of solio material:, 'ih1!.'!! uius in
ihe rerover,, )]' rnateiiaJs or eu«ii.ry iro'n soj id
waste
Rub_bi_sh - is nonputrescible solid wastes,
including ashes, consisting of both combustible
and nonconibust ibie wastes, such as paper, card-
boE.i d , t ••'n cans, yard clippings, wood, glass
bedding, crockery, or litter of any kind.
•,_ - All solid waste except garbage
and otner decomposable matter. This category
includes but is not limited to a,shes, bedding,
cardboard, cans, crockerv. glass, paper, wood,
and yard cleanings.
Rubbish - includes nonputrescibie
solid wastes .such as ashes, paper, cardboard,
tin cans, yard clippings, wood, glass, bedding,
crockery, plastics, rubber by-products or litter.
Rubbish - Sonputrescible solid wastes
(excluding ashes) consisting of both combustible
and non-combustible wastes. Combustible rub-
bit-ii includes paper, rags, cartons, wood,
Eiir.jiture, rubber, plastics, yard trimmings,
leaves, and similar materials. Non-combustible
rubbi?n includes glass, crockery, metal cans,
moral furniture and like materials which will
n.u burn at ordinary incinerator temperatures
(not less than 1600 degrees F),
Runo_ff - means the portion oi precipita-
T ion o^ applied water that drains from an area
r.s- surface f lov ,
f^a_l\ELgj3 - means separating or collecting
reusable solid or ±iquid wastes for resale or
i,ne business of separating or collecting and
reclaiming reusable solid or liquid wa&tes.
and the form includes but, is not limited to
secondhand dealers, junk dealers and salvage
otturators, however the term does not i Delude
'a) A business Licensed pursuant to
ORS 481-345.
(b) Activities of civic, community, benev-
olent or charitable organizations.
'.<.) Activities for which certificates are
r<-<.juired by ORS 433,400 to 433.6.30.
__
vtaste material
- means the controlled removal of
:,r u ci 1 i zat ion .
Salvaging - che return
rials to beneficial use.
of solid waste raate-
rials
si te.
-iSb'Jla£. i££ ~ *-ne controlled removal of Mate-
from solid nasve processing or disposal
S_ai_Y_a_£,_e - means separating or collecting
reusable solid or liyuiJ wastct for resale or
the business ot separating or collecting and re-
claiming reusable solid or liquid wastes ior reus«s,
Sar it ary_I.j}ndT i 11 - is a method of dis-
posii'.f1, of solid waste on land without creating
Px-'i sani-fii or hazaras to public health or safety.
by utilizing the principles of engineering to
confine the solid waste to the s:aal lest practi-
cal areas, to reduce tt tu the smallest practi-
cal volume, ana to cover it with a layer of
earth at the c-unr.lusi on of each day's operation
or at such iiore frequent intervals as may be
required by the Agency.
A-9
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Sanitary Landfill - is the disposal of
solid waste by compaction in or upon land anc
cover of all wastes deposited with earth or
other approved cover material at lesst once
each operating day,
- ~
land site on which
-- -
engineering principles are utilized to bury
deposits of solid waste without creating
public health or safety hazards or nuisances.
Sanitary Landfill - Sanitary Landfill
means a disposal site employing an engineered
method of disposing of solid wastes in a man-
ner that minimises environmental hoards by
spreading, compacting to the smallest practi-
cal volume and applying cover material over
all exposed wastes at the end of e.ich opera-
ting day. (See also Landfill.)
Landfill - means a disposal site employ-
ing a method of disposing of solid wastes on
land without creating nuisances or hazards to
public health or safety, by utilizing princi-
ples of engineering to confine the wastes to
the smallest practical area, to reduce them
to the smallest practical volume, and to
cover them with a layer of suitable cover
material at specific designated intervals.
(Sae also Sanitary Landfill.)
Sanitary Landfill - means the disposal
of refuse on land without creat'ng nuisances
or hazards to public health or safety, by
confining the refuse to the smallest practi-
cal volume and covering.
Sanitary Landfill - shall mean a con-
trolled area of land upon which so]ic! waste
is deposited, and is compacted and covered
with compacted earth each day as deposited
with no on-site burning of wastes, aid so
located, contoured and drained that it will
not constitute a source of water pollution
as determined by the Alabama Water Improve-
ment Commission.
Sanitary Laridf i 11 - is the final dis-
posal of solid waste on the ]and by a method
employing compaction of the refuse and cover-
ing wi th earih or other inert material .
Scavenging - Lhe uncontrolled removal
of material from a solid waste processing or
disposal site.
Scavenging - is the uncor.t rolled re-
moval of materials at a disposal site or
transfer station.
Scavengi ng - the removal of materials
from a solid waste management facility in
a manner not in conformity .vith the r?pula-
tions governing salvaging.
Scrap Processing - means converging
of abandoned motfcr vehicles and other scrap
metal to a form usable in the manufacture
of new metal products.
Sc rap_Proc es aor - means =. person holding
a valid license fron the 4f-ency to engage in
processing scrap frcm abandoned vehicles and
other scrap metal.
Septic: Tani: Pump: rigs - include ajud^re
and wastewater removed froTi septic tar;ks.
Sev.'age Sludge - influd.es any residue,
excluding grit or screenings, removed from
waste water, whether in 9 dry, serrudry or
t'crm.
Sewage Treatment Residues - course screen-
ings. grit and dewatereci or air-dried sludge
from sewage treatment plants ut\d pmnpiri^s oi
septic tank-sludges which require riisnosal with
municipal solid wastes.
ShrsdcUng •• includes a process af reducing
the particle size of solid wastes thrt^iRh use of
grinding, shredding, mulling or rasping
machines
Sinkhole - meana ,\ hole worn through bed-
rock :nto which surface w;>tcr drains to an
underground channel .
S_i_t_e - any location, place, or tract oT
land and "aci 1 i t i ed , used for solid waste
management .
Site Operator - i.ieans the- operator of a
regional collection site, whether the operation
be a urij.t of government or a pe-rson under con-
tract with a unit, of government to operate the
Sludge - includes the accumulated solids
and/or semisolid^ deposited from wastev/aters
or other fluids.
Solid Wastoa - all putreKciblo and non-
putrescible discarded materials v except house-
hold sewage and i ivestock and poultry wastes)
including but not limited * f> garbage, rubbish,
ashes, street and hignwaj cleanings, dead
animals including ofirl, abandoned automobiles,
and such industrial ws.stos as are not controlled
by other agericiet.
Solid V'astc - means all patrescibiy and
nonputresc-ible solid, senisolid, and liquid
wastes, including garbage, trash refuse, poner,
rubbish, ash-ss . industrial wastes, demolition
and construction w.iaf.s, abandoned vehicle"
and narts thereof, discarded home and industrial
appliances, .Kar.ure. vegetable or anim.il solid
and semisolid wastes and other discarded solid
and semisr>lid wa^tos.
Solid Wastes - means garbage refuse,
sludge of sewayo disposal plantn, ana other
discarded solid niateri ;; Is . including solid
waste materials resulting irom jndustriai,
c.onrnercial , and from community net1 vitipa , but
shall not includo aj r icul turul vaste.s .
A-10
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Solid Waste - means useless, unwanted or
discarded solid materials, net excluding semi -
Solid and liquid materials other than st-wuge
collected and treatea in i municipal sewerage
system, but shall not include scrap materials
held for ro_ise or resalf- by a scrap material
dealer.
Solid Waste -
refc
SolJd vVaste - is? garbage, refuse
other discarded solid materials, eycert
waste used as fertilize)-, including sol
waste materiajs resulting from indxist ? i
commercial and agricultural operations,
from community activities Solid *asce
not include earthen fill boulders, roo
other materials normally handled in con
tion operations, solid or dissolved riit
in domestic sewage or other significant
lutants in water resources, sroh as st'
solved materials in irrigation return i
or other common water pollutants.
id
al ,
and
dues
k anJ
struc-
oi ial
jol-
t, di
lo-vt- ,
Solid Waste - means all pjtres?i t le and
nonputresc: ble soljd ».ud serrisolid wastes
including garbage, rubbish, ashes, industrial
wastes, swill, demolition and construct j on
wastes., abandoned vehicles 01 pans -.hereof,
and discarded commodities
Solid Waste - means garbage, re
other discarded materials rpKul'ing i
dustrial, commercial and agricultural
tions, and from domestic unrt '-.omnium t^
ties, and shal] include all otho" wast
materials including liquids disposed •?
cident thereto except it snol L not inc
solid animal and vegetable wastes
by swine producers licensed by rhe
Department of Agriculture to collect,
pare and feed such 'vastes TCI swine on
own farms .
Ice
ate
pr
tti
i n-
rtc
ted
Solid Was. ';e - means all patiescible and
nonputrescible refu=e in solid 01 semisolid
form including, but not limited -o, garbage
rubbish, ashes or incinerator residue, street
refuse, dead animals, clero 1 1 1 1 cr: wastr-f. ,
construction wastes, solid or semisoii-i "om -
mercial and industrial was OPS and nazardcus
wastes including explosives, pathological
wastes, herbicide and pesticide wa~t"'F
Solid Waste -• means ail p jfescibl f and
nonputrescible wastes, ino Lud.1 rg bat i,<:t
limited to garbage, rubbi=h, refuse -lories,
waste paper and cardboard, sewage sl'idge,
septic tank and cesspool Dumpings or
sludge; commercial, industrial demol
and constiuctioa was res discard^o or
abandoned vehicles or parts theteof ,
carded home ana industridi appliances
manure, vegetable or animal solid t;id
solid wastes, dead anirails ard other
but the term does not include.
othe
litio
(a) tn""1 1 rnnrnenx al ly hazardous wastes as
defined in ORd 459 410.
(b) Materials used for fertilizer or for
(.thor productive purposes or which are salvage-
able as si'ch materials arc used or: lana in
EftricJj iLim'i operations and the tjrov..ing 01
liiirvest] UK of crops and the rais.ug oi fowls
or animals.
_?iJ L5?- J"LaJ' ' Ll ~ mt'an^ materials or sub-
siancpp. discarded or leiectf-d as being spent,
List-lei;p. worthiest, or ir «.:'•• oss to the owner
a* the tine of such di-acd d or rejection, ex-
cer o sewisp.e and <,:n
-------
solid waste by tnjans acceptable iii'd"r regula-
tions adopted by the Bo.ird.
Solid iVastfc Dibpoga 1 - rowans; the. co'lec-
;,ion, storage . "treat'nor.t , utilization, process--
ing, or final disposal OT' t,ciid wtst'-s,
Solid -Vaste Disposal or Disposal - means
the final deposition oi solid wastes onto land,
into til? atmosphere or into the \\at"rs cl the
state.
Pol id Waste Disposal Area - r^ans a loca-
tion utilised tor ultin.ste disposal of wastes
§2-Lii! Wastes Disposal Site at.d Facility
means the location and facility at 'vnicb the
deposit and final treatment of s-jid wastes
occur .
Solid Waste Facility - neans any solid
ivaste disposal area, volume reduction plant,
or other -'acil i ty the purpose of whicn is the
'Jisposal, processing or storage of solid waste
including loading and transports ti :>r facilities
or equipment used in connection wiKi the pro-
cessing of solid wastes
Solid Waste; Management Faci lity - means
any facility employed beyond the i/iitjal solid
WiSte collection prccess including . but not
lim: ted to, transfer stations, hai Lir;;; facili-
ties, rail haul or bavjjc- hsui facilities, pro-
cessing sys.^effls, including resource recovery
facilities or other facilities for r"ducinp,
solid waste volume sanitary ''. andf. 1 Is , plants
and facilities \or compacting, .-omposting or
pyrol liation or solid wastes. ~J ."ci i.ei :. tors
a.nd ntuer solid waste disposal, reduction or
conversion f ac i 1 it IPS.
Solid Bast il Man agr-rer.t - inear.s t !ie pui -
poseful and systematic ' ransport at ' on st-jrape,
processing, recover-, and disposal of solid
waste.
Solid Was t e Hand ] j ng - neans tne storage,
collection, transportation, treatment, utill/a-
tioi, processing, an--' iina] dispose I -jf so^id
wastes .
Sol id ffaste. Haiidliug - rr.eaus ' ne storage,
collection, t ransportaf ion , treatment, utiliza-
tion, processing , and final ciisrosal of so"! id
wastes .
Solid 'Aastj; Handling r o" otr.er seaic
3to_ra_£e _Area - means £.n area p.ss./dated
Aitb c- livestock foediot, poultry lot or
oti'er aninial Ji-t in wtucii animal annur" 'is
placed fcr storage un'il It can bt uLil^ztra
.-13 fertilizer c r re.poved to i. peroanent di.«-
ucsal site. This shall not include animal
manure packs 01 timiulin^ within the feed Jot
area.
3t^orage_i.tvvts - means C33ts of acquisition
rental, const f uctiur . niaiate'ii^ce and operati"!i
of regional ^ol 1 ect ? .or. sites and facilities.
MJ-iS.*?!- "j:^!i&^ " includes materials picked
up by initrnial or rnechynieal swsepinfe of alleys,
streets fir 3idewa!ks, litter from public: litter
re'ieprac1"; 03 'Did material removed fro'r. .latch
basins.
-------
Surface Water - all water the surface of
which Ts exposed to the atmosphere.
Surface Water - means the tidal waters,
harbors, estuaries, rivers, brooks, water-
courses, waterways, lakes, ponds, springs,
marshes, drainage systems and all other sur-
faces, bodies or accumulations of water, natur-
al or artificial, public, or private which are
contained within, flow through or border upon
this State or any portion thereof.
Suspended Solids - are finely divided
mineral and organic substances contained in
the sewage existing in a sewage system.
Tipping Floor - is the unloading area
for delivering solid waste to an incinerator,
transfer station, or reclamation site.
Transfer Station - means a facility at
which refuse, awaiting transportation to a
disposal site, is transferred from one type of
collection vehicle and placed into another.
Transfer/Processing Station or Station -
includes those facilities utilized to receive
solid wastes, temporarily store, separate,
convert, or otherwise process the materials
in the solid wastes, or to transfer the solid
wastes directly from smaller to larger ve-
hicles for transport to their final place of
disposition. (Also see Small Volume Trans-
fer Stations.)
Transfer Station - means a volume re-
duction plant that is a central collection
point for the solid waste of a municipality
or group of municipalities where solid
wastes received are transferred to a ve-
hicle for removal to a solid waste disposal
facility.
Transfer Station - is a fixed, supple-
mental , collection/transporation/disposal
facility, used by persons and route collec-
tion vehicles to deposit solid wastes into
a larger transfer vehicle for transport to
the disposal site. This does not include
a detachable container used for consoli-
dation of the solid wastes from individuals
in rural or small town populations.
Transfer Station - a supplemental
transportation facility used as an adjunct
to solid waste route collection vehicles.
Such a facility may be fixed or mobile and
may include recompaction of solid waste.
Transfer stations are designed to reduce
solid waste hauling costs and to add flexi-
bility to solid waste management systems
by transferring waste materials from
smaller vehicles to larger ones such as
tractor trailers or railroad cars.
Transfer Station - means a fixed or
mobile facility normally used, as an adjunct
of a solid waste collection and disposal sys-
tem, between a collection route and a disposal
site, including but not limited to a large
hopper, railroad gondola or barage.
Transfer Station - a transfer station
is an intermediate solid waste disposal facility
for transferring loads of solid waste to a
transportation unit having a larger capacity.
There may be volume reduction at the transfer
station. A transfer station may be fixed or
mobile.
Transporter - means a person holding a
license from the Agency to engage in trans-
porting abandoned vehicles and other scrap
metal.
Unauthorized Dump - shall mean any collec-
tion of solid wastes either dumped or caused
to be dumped or placed on any property either
public or private, whether or not regularly
used, and not under the control and supervision
of any person or agency.
An abandoned automobile, large appliance,
or similar large item of solid waste shall be
considered as forming an unauthorized dump
within the meaning of these regulations, but
not the careless littering of smaller individual
items as tires, bottles, cans, and the like.
An unauthorized dump shall also mean any solid
waste disposal site which does not meet the
regulatory provisions of these regulations.
Vector - includes any insect or other
arthroped, rodent, or other animal capable of
transmitting the causative agents of human
disease, or disrupting the normal enjoyment
of life by adversely affecting the public
health and well being.
Vector - is a living animal, insect or
other arthroped which transmits an infectious
disease from one person or animal to another
person or animal.
Vector - means an insect or rodent or
other animal (not human) which can transmit
infectious diseases from one person or animal
to another person or animal.
Vector - any living agent, other than
human, capable of transmitting, directly or
indirectly, an infectious disease.
Vector (of disease) - an animal or insect
which transmits infectious diseases from one
person or animal to another by biting the skin
or mucous membrane or by depositing infective
material on the skin, food, or other object.
A-13
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Volume Reduction Plant means a plant
which is designed primarily for the purpose
of reducing the volume of solid waste which
must finally be disposed of, including but
not limited to incinerators, pulverizers,
compactors, shredding and baling plants,
transfer stations, composting plants and
other plants which accept and process
refuse for recycling.
Vital Component Parts Vital component
parts means those parts ol a motor vehicle
that are essential to the mechanical
functioning of the vehicle, including, but
not limited to, the motor, drive train, and
wheels.
Working face means that portion of
the disposal area where the waste is
deposited, spread and compacted prior to
the placement of cover material.
Waste
materials.
means useless or discarded
Waste Management Services means actions
taken to effectuate the receipt, storage,
transportation and processing for resources
recovery and recycling or for ultimate
disposal of solid wastes, including the
sale of products, materials or energy on
behalf of the state, a region, a municipality
or a person by the authority or by any
person or persons acting under contract with
the authority, pursuant to the provisions of
this chapter.
Water Pollution. Contamination of any
water of the Commonwealth which will create
a nuisance or to render such waters
harmful, detrimental or injurious to public
health, safety or welfare, or to domestic,
municipal, commercial, industrial,
agricultural, recreational, or other
legitimate beneficial uses, or to livestock,
wild animals, birds, fish or other aquatic
life, including but not limited to such
contamination by alteration of the physical,
chemical or biological properties of such
waters, or change in temperature, taste,
color or odor thereof, or the discharge
of any liquid, gaseous, radioactive, solid,
or other substances into such waters.
Watertable means that surface of a
body of unconfined groundwater at which
the pressure is equal to that of the
atmosphere.
Watertable - that surface in
unconfined water at which the pressure is
atmospheric and is defined by the levels
at which water stands in wells that
penetrate the water just far enough to
hold standing water.
Working face - any part of sanitary
landfill where refuse is being disposed.
A-14
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APPENDIX B
MINNESOTA LAW - EXAMPLE OF
COMPREHENSIVE INTER-COUNTY
PLANNING
B-1
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CIIAPlliR 4T3D
R'ETROPOLITAN SOLID WASTE DISPOSAL
s«c.
473D.01
473D.02
473D03
473D.04
Legislative purpose »nd policy
Definitions
Metropolitan council, comprehensive plan
Metropolitan counties; solid waste Jtsposai
report
Sec.
473D 05 Metropolitan counties: acquisition of sites
and facilities
47.1D 0«j Rate? and charges
473D 07 Pollution control agency, regulations and
permits
473D.01 IJEGISLATmE PURPOSE AND POLICY. The legislature determines
that for the protection of the public health, safety, and welfare of the people of the
metropolitan area, for the prevention, control and abatement of pollution of air
and waters of the state in the metropolitan area, and for the efficient and economic
disposal of solid waste in the metropolitan area, it is necessary to authorize the pol-
lution control agency to regulate the location and operation of solid waste disposal
sites and facilities in the area, to authorize the metropolitan council to carry on a
continuous, long range program of planning with respect to, and regulate the
location and use of, solid waste disposal sites and facilities in the area, and to author-
rize the counties in the area to acquire, construct, operate, maintain and regulate
solid waste disposal sites and facilities.
473D.02 DEFINITIONS. Subdivision 1. The terms defined in this section
shall have the meanings given them unless otherwise provided or indicated by the
context.
Subd. 2. "Metropolitan area" means the area over which the metropolitan coun-
cil has jurisdiction.
Subd. 3. "Metropolitan council" or "council" means the metropolitan council
established by section 473B.02.
Subd. 4. "Metropolitan county" means any one of the following counties: Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott or Washington.
Subd. 5. "Local government unit" means anv municipal corporation or go^ern-
mental suoaivision other than a metropolitan county located in whole or in part in,
the metropolitan area, authorized by law to provide for the disposal of solid waste.
Subd. 6. "Person" means any individual, partnership, corporation, or other
organization or entity, public or private.
Subd. 7. "Acquisition" and "betterment" shall have the meanings given to them
In chapter 475.
Subd. 8. "Agency" means the Minnesota pollution control agency established
by section 116.02.
Subd. 9. "Solid waste" means garbage, refuse and other discarded solid
materials, including solid waste materials resulting from industrial, commercial
and agricultural operations, and from community activities, but does not include
earthen fill, boulders, brc'-cen rock and other materials nermally handled in con-
struction operations, solids or dissolved material in domestic sewage or other
significant pollutants in water resources, such as silt, dissolved or suspended solids
In industrial waste water effluents, dissolved materials in irrigation remrn flows or
other common water pollutants.
Subd. 10. "Solid waste disposal site or facility" means all property, real or
personal, including negative and positive easements and water and air rights, which
Is or may be needed or useiul for the disposal of solid waste, except property for
the collection of solid waste.
11969 cSlfTs 2]
473D.03 METROPOLITAN COUNCIL, COMPREHENSIVE PLAN. Subdivi-
sion 1. The metropolitan council shall prepare and by rssolauon adopt a compre-
hensive plan for the disposal of solid waste in the metropolitan area for such
period as the council deems proper and reasonable; and, when adopted, such plan
shall be followed in the metropolitan area. In developing the plan the council shall
consider the preservation and best and most economical use of land and water re-
sources in the metropolitan area. The plan shall include a statement of goals and
policies for solid waste disposal, criteria for solid waste disposal sites, the general
B-2
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MJETROPOIJCTAX SOLID WASTE DISPOSAL
and '-ajsacsties of needed disposal sites and facilities, projections of dis-
posal capar.!tic> required, regulations for the operation of disposal sites and
facilities, a description of Disposal techniques which may be used, the t\pe or types
of solid waste i& h« disposed of ui each site or facility, and such other details as the
council de?ms dpjvrotmate. Criteria lor solid v,aste disposal sites and regulations
for she opersl.on or disposal .sires and facilities, included in the plan, shall be consis-
tent w^h regulations adopted by the agency pursuant to section 473D.07. The plan
may be r'-visei as otf:n ?s 'he council deems necessary in the same manner as pro-
for trie idopuo.i rhereol, A copy of the comprehensive pian and each revision
of jhail ^f deiiv^'pf: or mailed to the agency and the county auditor of each
metropolitan count} aifer it h?s been adopted. Prior to the adoption by the council
of ifs comprehensive plan, no metropolitan county or local government unit shall
acauliv any sol'.d waste disposal site or facility unless approved by the council: and
after fbii>posa! sur- or facility in use when the comprehensive plan is
adopted srhali b» discontinued solely because it is not located in an area designated
in f he plan as acceptable lor i'nc location of such sites and facilities.
SuM 2. Piior to the adoption of a comprehensive plan pursuant to subdivi-
sion 1, the council snail hold a public hearing thereon at such time and place in the
metropolitan sr»a a.-- it shall determine. A notice of such hearing shall be published
one* cadi week lor TWO successive -.veeks in the official newspaper of each metro-
politan count;, *y .T- j-ar-h rnprropolitan county and each local government unit
wherein a solfc war.te ussposa) site or facility is or may be located in jiccorjance
with thi plan. The notice shall ^pecily the time, date and place of hearing, and the
tfcc'its ?ii a place *»'iierf 3 copy of tiie proposed comprehensive plan may be examined
by any interested psr jor>,
'
47SI>.1!4 J5i;TBOPOOTA^ COUXTIES; SOLID WASTE DISPOSAI,, RFPOKT.
Eacli jT'i'fTjf.^iiTari COU.TV. upon receipt of the council's comprehensive plan, shall
prepare anu r-afcrrat ;o itse council for its approval, a report including: a descrip-
tion of anj so:id \> asie- disposal site or facility which the county OV.TIS or plans to
actiuue to impIeTrierf the comprehensive plan; the planned method, estimated cost
and time of acnaisition thereof, a description of any improvements which will be
»c snake I'.if sife or facility suitable for solid waste disposal, proposed
Jc" the operator artd maintenance of any such site or facility; an
estimate* of ths i.-inual cost of operation and maintenance of each sue or facility; an
esmaaii oi tnr mrtmi ;nosi revenues which will be received from the operation
uf each site or £ar'Ait> ; ana a proposal for the use of each site when filled. The
r«jj.'orv shall also ir.cluae a complete survey of existing or proposed municipal or
pnvaie so i1 •.-, :ste .ii-po.sai sues and facilities in the county containing mforrnatic'i
sirpilur to iKar rt-quue-: lor county facilities, and a statement of the extent to which
they *U! or m.iy be- used '-j irnpiemcnc the comprehensz'. e plan. The council Shall
approve the r.yori :f it is ir accordance with its comprehensive plan. The report,
when approved by th.t council, shall be implemented by the county. Each report
sot appro--. fid t>y ihe Council snail bt ;era/ried to the county with a statement of the
reasons Jos She council's failure to appro^t jt.
4T300.', MfcTI£OrOLITAX COUNTIES: ACQl'ISITION OF SITES ANP
FACILIII^S. Suodivi.Mt>n I, To accomplish the purpose specified ;n section 473D.04,
each metropoliian rourity may acquire b> purchase, l°ase, gifr or conderr.t.atiun
as pr cvidi-fl M' law, upon such terms and conditions as, it snail determine, including
conTaLfs tor cK'ed and conditional .<3!es contracts, sohd ivaste diiposa* sites or
fscilltifs " h?ch ait: »n accordance wiin ics-'uiations adopteti by the age-'.ry. lii«J
eornprchensnc olan adopted by tne council and tne couniy report at approved by the
eou'Kil, ,'uid m;.y :r:;ri\>ve u: < or.-itruut iiT.pioverr.or.ti on any iiic .-;o acquired. Tae
n^ht of cor.fle-ni.anors s!-.a!! (v t-\eicisL\: in accordance with chapter ilV. A mutr.?-
poJi^an lor arri operate a >-:o)id waste disposal sit»- o',
far-Hit v VM*!JKI the bouridar'es u£ jny city, village, borough or town in die rneUo-
B-3
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(solltan area, without complying with the orovisions oi_ any SfiBing ordinance
adopted after April \~>, K^-J.
?ubd. 2. Each metropolitan county may by resolution authorize tha issuance of
bonds to provide funds for 'ho acquisition or betterment of property rights,
buildings, structures and equipment for a solid waste disposal site or facility,
or for refunding any outstanding bonds issued lor any such purpose, and may
pledge to the payment of such bonds and the interest thereon, i's full iaith, credit
and taxing powers, or the proceeds of any designated tax levier. or Uie gross or net
revenues or charges to be derived from any such site or facility operated by or for
the county, or any combination thereof. Taxes levied for the payment ef sucn bonds
and interest "hall not reduce ihe amounts of other taxes which trie county is
authorized by law to levy. J\o ejection shall be required to author'za 'he issuance of
any such bonds. Fxcepi as otherwise provided, such tends snail be issued and sold
Jaaccordance with the provisions of chapter 473.
Subd. 3. Each metropolitan county may operate and maintain solid waste dis-
posal sites and facilities, and for this purpose may employ all necessary personnel,
may adopt regulations governing the operation thereof, may es.abl.sh and collect
reasonable, non discriminatory rates and charges for the use thereof by any local
government unit or person, estimated to be sufficient, with any other moreys appro-
priated for su'h purpose, to pay all costs of acquisition, operation and maintenance
thereof.
Subd. 4. Each metropolitan county may contract with any person for the
operation and maintenance by such person of any solid waste disposal site or
facility owned by it. Such contract shail provide for the operation arid maintenance
of such site 01 facility in accordance with any regulations of the agency, the metro-
politan council and the county relating thereto.
Subd. 5. Each metropolitan county may also adopt ordinances governing the
operation of soL;a waste disposal sites,or faol.ties ;n the cour.Ty oy an> local govern-
ment unit or person. Such ordinances shall be consistent with applicable regulations
adopted by the agency or the metropolitan council. Tne county may prescribe a
penalty for the violation of any such orainance not exceeding the maximum which
may be specified for a misdemeanor. Any ordinance prescribing a penalty for viola-
tion shall be published at least once in the official nev/spaper of the county.
Subd. 6. J~ach metropolitan county may accept gifts, may apply for and
accept grants or loans of money or other property from the United States, the
state, the metropolitan council, any local government nnir, or an> person, for solid
waste disposal purposes, may enter into any agreement required in connection there-
with, and may hold, use, and dispose of such money or property in accordance with
the terms of the gift, grant, loan or agreement relating thereto.
Subd. 7. Each metropolitan county and local government ur.it may act under
the provisions of section 471J59 or any other appropriate lav.' providing for joint or
cooperative action between government units, to accomplish any purpose specified
insection 473D.01 to 473D.06.
Subd. 8. E'sch metropolitan county may ssli or lease any property rights, land,
buildings, structures or equipment previously used or acquired for solid waste dis-
posal purposes.. Such property may be sola in the manner provided by section 458.196.
Fq?h metropolitan county may convey to or permit the use at any such property
by a local government ur.it, with or without compensation, without submitting the
matter to the voters of the county. No property nghts or land, improved or unim-
proved, acquired pursuant to this section, may be disposed ol in any manner unless
and until the county shall have auomitteu to rhe metropolitan council for review and
comment the terms on and the use for which the property will be disposed of. The
council shall review and comment on uie proposed disposition within SO days after it
has received the data relating thereto from the county.
Subd. 9. AU moneys received by any metiopoUtan county from any source
specified in sections 473D.01 to 473D.05 shall be paid into the county treasury, placed
in a special fund designated as the county solid waste disposal lund, and used omy
for the purposes authorized in those sections, as appropriated by the county board,
subject Co any lawful restrictions, conditions, or pledges applicable thereto.
L£9«9cS47.?5j
473D.06 KATES AND CHARGES, On or before July 1, 1969, and thereafter
whenever appropriate, each metropolitan county and local government unit shail
submit to the metropolitan council a schedule of rates and charges in effect or pro-
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47SD.07 METKOPOLfTAN SOUS* WASTE
pO3*t3 for the us? of a;iy solid w-ist?" disposal site or fuiR't,1- n\vne"j or operated by
or on tfs behalf, to^evhm- v. :;n a s. a:em&:it ot t!i.- h isu; ivr vufh oharf?s"3. Each
county or local government urif ~sili us;? t;v seheri'jif v a:<"3 av.U ''haiT,^ ajjv
mitted f;y it until it submits to the i-r>cnri; a .-ii/foic-j,: :u •-,«ri-Jii.-. £;ch person vy;u,-
has applied to the agency for a penr:.;* tc cu:nrrt>iui;e cr cORt".' o trs? onorsiion c7 a
solid waste aisrosal site or facility 5" the metre-poll ;r,n ar~v • -.*«'.;i also stbrmt to thi»
metropolitan council a schedule o^" ta'.-s. aria charge?. i» !••>?>,*; c.r proposed i/.r the
use o£ the solid waste d'spo.'-al sitj or facility, r:.'d si'-ali : otuy tnft council oi any
changes therein \vithi/j ; 7:! days a f t.-r -UCTI cha"^c J3 pi/.'c ra v; <"r£ pjr.
POJLLUTIOIV
Subdivision 1, The poiiuiion ccifroi agency, to .iba^ or or^ic-nt pollution cf air
and waters of the state in me mforopaluan art-a, shall ••f.ioT-t roguJsiionr; relalirig
to the location and opei-a!c3 A^s'l f'.cilii.cs ir the m--tr;;
politan area. In adcp^in^ such ••" ru'a'.ior'-- rn? ''^rn.-:/ ^".^i1 consi'"'.'.'r <'spo"u.""b!'_
air arid water pollution siar.Jaid, lord ano u-^ter i.s: r.o/ iMnv.nors, ^ct.j"uphy,
topograohj, natural tirsir.ag'?, prevjjil;r.t v-eathf ac"5>:isi-
ton and operation of siich site? an-r tatiJHics, anc any otr.or la-:.-toru it rr,&y hs.i] contnu* operation or. or
after January 1, 1970, if any solir* t-ra^te d)s:?is;i Kite c» t;.;'iljiy; uiiJcso a T€finit. ti.r
the operation thereof has been is-aueo. by th'- agency , '-r ^itiess trie ^ue cr far'iity
is aporoved for t*"rr;n.>rapy nn^r»rir»r: 1-'•» i««:c-i- prxr f. th!; iSMiiar^x- ut z. >r-
mit"
Subd. 3. The agency in&y prescril»e yfrtii.'. and p< v.nu c"t,pi>e-r..:on forms, and
may request apphcaTs to subnii In I'^itir.'? a1! i.itV.rfraur.fi dP>-.%:''ijd r"lev*ant by tl/e
agency. The agxwy, ;T an> ^mpi-jy^f? or ?Tpn' thp.-*»c-^. >-tr'; -'Ui,"orr/id by i>, way
examinp any boo!-&, papers, records or tr.prnorai-ulji of i,,t> ^puLca: i (.•••• r'.oini.'R ro
ics solid waste dijpcsiji site or laci/ity, and rnfc,y .'nte; en v:\ jTcpfrty, publsc nr
private, for the purpose of obfii.itri^r inforrr.aiion, ^ovdact:;-.^ M-.rvpys or rr.ak'.'sg
investigations rclat"»e to the jocaf:"n or ouMatror. <_ f r» soliu ,',;al jites
and iaciJities by .ir-y rn^tropo'itaii cfur*"', local govunrroj ' vi?t or p;-!5on wfiere
the operation thers.if is cons-Lstetrt nith ajplica!:.!^ ' -?£.;7i!?! ',•*•:•; cdop'cr! hy t!'*.
agency' pursuant to .subdivision t, niwvided f'iar. i?s>ifn 'or ;h«
operation of a solid \va;»le disposal •site or fa.rility f" < & rn^'or-ohtan art a wrJfh
is not in acooraan^1 vjth nic me'iorjoUtan cou'-.cU's coni;-rc!>en'/>-e ;.-\in ]7ie metrr>-
politar council «;hai,' detcrmirp whc;ner a _M-rrr.it ir :'a riuur'it.itx 'v.th its ?<>ri-
prehensivp plan, for this purpose tnp apcr.c^ sh:.li .":-nil a co;\v uf ejeh pera?l.~
appJjcaticrt a.id a.'iy 5upuor*n? irjior/natio.-i furn-shc-i fr.- thf apr-Uca-ii t^> ft*-
metropolitan councn witrin 15 od1;"^ after rcc«:.pt ci" 'S-? iijplii.'atir:! .Tid 3»I cthei-
information requpsted from the aijt,!, ?t her: -'ne ptr;nr!-;ive
plan, if the council Joes not JSOTS ir-s rictermint'iion to *.;p :,genc'y within the 33 day
period, the permit shall be dw-mfri To be in rtr-.'orugp.c? with the c nauYfs romprc-r.en-
sive plan.
Subd. 4. Kegiilations adapted pursue. rrt to .'•.•ubdivii-":'- t may be ^KforcecJ by the
y in the manner provided >r,
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APPENDIX C
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c +J SHORT FORM RESIDUAL WASTE QUESTIONNAIRE
O 4J
(SI
Legislation to be covered in interviews and Review of Laws. Each of
these must be addressed in our model law. If NONE of the states or
cities have a successful provision - we must DRAFT one for the report.
• Incentives of any kind - for going beyond minimum requirements
of act
• Requi rement for areawide waste management
• Monitoring System Provisions
• Authority to issue or withold
Permits
Licenses
• To collect • To open land fill
• To transport • To operate land fill
• To deposit on land
• Sanctions for non-compliance
• Civil - damages - TRO
• Criminal - fines - jail?
• Re: Organizational form of implementing agency
• Name of agency(s)
• Number of agencies sharing some part of responsibility
• All responsibility merges
Not applicable • A Governor's Office
to city or • 1 level below Gov. Office
county ords. • 2 levels " " "
• 3 levels
• Organization has authority to and does provide:
• Planning and management statewide
• Consistent enforcement of the law
(Agency enforcing )
• $/Effective programs for alternative:
• Selector
• Operator
Financing of sol id
waste operations
For due process - notice and an
opportunity to be heard
No. of people in state office (and recent trends) dedicated
to implementing total program?
S.W. People: Population of state = ratio =
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c
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u
-2-
Does the statute (ordinance) or the regulations
or policy statement provide for:
• Site selection procedure, what does it say:
• Public education
• Public health
Transportation of solid waste
" several classes of waste
Reuse/recovery incentive
Waste reduction program
• Oregon type container deposit
Washington type disposal tax
• Auto abandonment fee/fine
Characteristics of permit system
Requirements for issuance
Severabi1ity?
Duration
Amendabi1i ty
Renewabi1i ty
Revocabi1i ty
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RESIDUAL WASTE QUESTIONNAIRE
OBJECTIVE: To obtain data with which to judge the effectiveness of
Residual Waste Legislation
1. a) Has there been an increase for expenditures for support and
implementation of current residual waste programs to meet
federal water quality standards over that of prior programs?
b) Is it costing more or less to handle waste loads under the
new legislation?
c) Is the data available which shows the cost per ton before and
after the new law?
Before:
After:
2. a) How many impervious bottom sites or other "safe" disposal sites
are presently available for use?
b) Is there data available which shows the increased or decreased
tonnage being deposited into these areas?
(Express comparison in tons/year or as a percentage)
c) Is the increased tonnage a direct result of segregating and
directing residual waste which must be disposed of In these
sites for best environmentally safe disposal?
3. Can you identify any resulting new products or new uses of
residual waste material which have been developed through
recycling or reuse programs?
k. Is it possible to provide data showing what tonnage of waste was
attributed to licensed carriers under prior requirements, compared
to tonnage transported by qualified carriers under current criteria?
Is this tonnage data helpful to you in planning future site needs?
In knowing what is going into the land fills?
5. a) Do you monitor leachates and run off from disposal sites? (is there
data available to show the frequency of the monitoring, i.e., routinely,
when a water quality problem is suspected).
b) Have the requirements promulgated by the current legislation caused
a reduction in the amount of residual wastes re-entering an area's
ground water or surface water once it has been deposited upon the
land?
c) Is there any solid statistical evidence of a change?
6. a) What sanctions are provided for enforcing compliance with the
current legislation? (e.g., administrative hearings,, civil and
criminal sui ts).
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6. b) Do you have available data which shows the yearly frequency with
which enforcement actions are used?
c) Has the number of actions instituted increased significantly
under the new law?
d) With respect to the penalties provision do thev achieve the
desired resu'!t(s)?
e) What percentage of enforcement actions result in agreements to
comply, fines, penalties and/or sanctions?
7. a) What, is the policy for employing the various sanctions incorporated
within the. current legislation for enforcement"' (Use 01" conferences
or warnings before imposition of more stringe^': sanctions).
b) What strength has the current legislation a'ldt ; •••> the force and
effect of "warnings'"?
c) Can you compare the number of repeat violators under prior legis-
lation with the number of repeaters under current legislation?
(any change at al1 ?)
d"i Has the provision for stringent penalties ?i,«.s $10,900/day when
in violation) caused a significant reduce for* in the number of
repeat violators?
8. a/ What incentives have been used or are contemplated for ube to
encourage industry to process, recycles o1" r.j.-jse residual waste
materials? (e.g., Tax abatement up to ccsl". of pre-processing equipment),
Other?
b) Have these incentives reduced or increased (measurably) the
residual waste load on landfills?
9. Are. new ioca! or state iaws needed to encourage reuse or recycling,
and 1f so, what provisions would be most effective? e.g., Lower
freight rates for secondary materials.
10. What major or minor revisions are to be made to the initial legislation
or to the implementation of the specific legislation?
11. a) !s there a state body which will/can provide technical inputs for
area residual waste plant?
b) Is this assistance contributing sigriificantly to Lhe solution of
the residua! waste problem? (Can you identify specific benefits,
e.g., reduction of waste loads on waters and/or landfills?
12. Are there sections of the residua! waste legislation which significantly
detract from the authority and strength of the agency established
to implement the residual waste program?
13. How comprehensive are the legislative previsions identifying and
regulating HA_^252y!J^!§.?
a) Are these suostanca.s regulated by a separate authority'1
Wo-jld ? single authority be more effective?
1'i. What criteria do you or would you use to measure the effectiveness
of New Residual Waste Legislation?
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15. Do the county or local agendas ha^s any serious constrain'.? on
their use of 'Vv ner.t domain" tc condemn and acquire, sites suit-
able for an impervious bot»om laud fiii? What type of legis-
lation or policy statement 's needed to strengthen your power
;'T this; ares? (it" ! L is important to vru) .
lo. Minnesota anJ 'ilinois hava law that pre-empts local zoning
iiuthority in inciting (siting) new landfills.
'i] Dos-.. /our -it-itt, havjr stat.- 1- provision tr fensure <2 continued decrease, of
automobile ab:'.>: v.-.inf? (e.g., tax on au*'o saies imposed to
create a fund ,••: itlss, fines).
D) ! r. there any pf1, ia:on made For |>enr:i '.t I ng motor vehicle bodies to
be used benef ic '.xl !•-• in "land fills? (e.g., land reel ariat ion,
?.ro'i i en coot ro) /
18. The concept of t'es/ervje container deposit!; as a control mechanism
has been frnpir.rr:>'i*.ei; in Or 6900.
3) Do«s your state, f^rvz^e this !:tax'' as a viable alternative?
b) What amoi'Tt wc'i.ld be ijr.cep^.able to your constituency? (e.
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APPENDIX D - FEDERAL LAWS AND REGULATIONS
The following is a list of federal laws and regulations that
deal directly or indirectly with residual wastes. The 208 planner
may find some or alj of the following laws or regulations useful
or informative in dealing with residual waste problems in his
area,
1. 33 U.S.C. (United States Codes) §-(Section) 1151 et. seq.
Federal Water Pollution Control Act Amendments of 1972.
This act authorizes 208 planning grants and mandates
consideration of residual wastes in areawide planning.
It; is the act which gave authority for the following
regalations„
(a; 40 C.F.R. (Code of Federal Regulations) part 35
''Grants to Designated Areawide Waste Treatment
Management Planning Agencies and to State
Agencies", This regulation outlines grant con-
ditions, procedures, plan content and approval.
(b) 40 C.F.R. Part '126 "Areawide Waste Treatment
Management Planning and Responsible Planning
Agencies". This regulation sets criteria for
establishing 203 areas and procedures for desig-
nation as a 208 area.
(c) 40 C.F.R. Part 40. This regulation sets procedures
and requirements for obtaining research and demon-
stration grants for waste recycling or reuse.
(d; 40 C.F.R. Part. 45. This regu.'ation sets procedures
for obtaining' grants for education of personnel
on waste treatment, disposal, reuse ere.
(e) 40 C.F.R. Part 110 "Discharge of Oil'-', This
regulates oil spills or discharges onto lands
contiguous to navigable waters.
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(f) 40 C.F.R. Part 1510 "National Oil and Hazardous
Substance Pollution Contingency Plan". This
provides regulations governing a federal plan to
clean up spills of substances that present a threat
to navigable waters,
42 U.S.C. §3251 et. seq. Solid Waste? Disposal Act. of
1965 (as amended by the Resource Recovery Act of 1970).
This act provides federal assistance fcr :-,ol id waste
planning and management and is the sutb.oritv for the
following regulation.
40 C,F.R. Part 243 "Storage and Collection of
Residual, Commercial and Institutional Solid
Wastes". This regulation sets requirements for
waste handling by federal agencies ana is a
recommendation for state ar.o local activities in
solid waste management,
86 Statutes Federal Insecticide, Fungicide arid
Rodenticide Act of 1972. This act was designed to
control the dangers to health and environment pre-
sented by the above pesticides and is the authority
for the following regulation.
40 C.F.R. Part 165 "Regulations for t.'/io Acceptance
of Certain Pesticides and Recommend Procedures
for the Disposal and Storage of Pesticides and.
Pesticide Containers".
42 U.S.C. &1857 et. seq. "Clean Air Aor" , This lav
gives authority for the following regulation,
40 C.F.R. §§60.50-60.54 (Subpart E) "Standards
for Performance of Incinerators". This regulation
would impact incineration of residual wastes,
The following regulations were issued under various
laws authorizing regulations by the Department of
Transportation and the Interstate Commerce Ccnimission.
(a) 49 C.F.R. Parts 170-179, These regulations deal
with transportation of "Hazardous" materials in
D-2
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interstate commerce and would impact transportation
of most hazardous wastes.
(b) 49 C.F.R. Part 1062 "Special Regulation For For-Hire
Motor Carriers Engaged in the Transportation for
Recycling or Reuse of Waste Products in Furtherance
of Recognized Pollution Control Programs".
The following regulation was authorized by a law relat-
ing to the Department of Agriculture (7 U.S.C. §1989).
7 C.F.R. Part 1823 "Association Loans and Grants -
Community Facilities, Development, Conservation,
Utilization". This regulation sets guides for
obtaining federal loans (through Farmers Home
Administration) to rural areas, for among other
things, solid waste disposal facilities.
D-3
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