TIES TIED: PROBLEMS AND SOLUTIONS James E. Malia Janice Morrissey ------- James E. Malia, Ph D is a rural sociologist. Most recently he directed the Tennessee Valley Authority's Center for Rural Waste Management until the program was discontinued in the fall of 1994. Janice Morrissey is completing her doctoral research in sociology at the University of Tennessee, Knoxville. She has worked for ten years in the areas of social impact assessment and environmental policy. ------- RURAL COMMUNITIES AND SUBTITLE D PROBLEMS AND SOLUTIONS James E, Malia Janice Morrissey DECEMBER 1994 Tennessee Valley Authority, Center for Rural Waste Management j United States Environmental Protection Agency, Region IV ------- TABLE OF CONTENTS Acknowledgments 1 Executive Summary. 3 Introduction 7 Albemarle Regional Solid Waste Management Authority, North Carolina 23 Atkinson County, Georgia 33 Coffee County, Alabama 43 Floyd County, Virginia 51 Jefferson County, Tennessee 63 New River Resource Authority, Virginia 73 lift County, Georgia 83 Tri-County Solid Waste Management Authority, North Carolina 91 ------- Rural Communities and Subtitle D: Acknowledgments ACKNOWLEDGMENTS Funding for this project was provided by the Environmental Protection Agency, Region IV office. Additional support was provided by the Tennessee Valley Authority through its Center for Rural Waste Management. An advisory committee provided help at critical times. The committee members critiqued the ideas discussed in this study, helped identify the case study communities, and provided comments on our initial draft of the material. Their input was invaluable and much appreciated. Thank you to: • Mark Davis, EPA, Region IV, Atlanta, Georgia • Chris Garkovich, University of Tennessee, Community Technical Assistance Service, Knoxville, Tennessee • Larry Kehrer, ECOS, Inc., Chapel Hill, North Carolina • Martha Mclnnis, EnviroSouth, Montgomery, Alabama • Scott Mouw, North Carolina Office of Waste Reduction, Raleigh, North Carolina • Pat Therrien, Appalachian Regional Recycling Consortium, Radford, Virginia • Helen Wanning, Coastal Georgia Regional Development Center, Brunswick, Georgia A very special thanks needs to be given to the many people who provided information for this publication. Their willingness to tell us about their programs and comment on our initial draft made this study possible. We appreciate 'all their help and the many considerations they gave us. We want to thank: Randy Arno, Anne Blindt, Hayward Cribb, Lynn Croy, Howard Dickerson, Marie Hayes, Fred Milliard, Gary Holiway, Paul Jordon, Joe Klein, Karen Moore, Mae Morris, Barbara Nugent, Tom O'Brien, Jerry Parks, Wilson Paulk, Mark Pool, Don Potts, Mark Pugh, Juan Ruiz, Bill Sheehan, Paul Steele, Clark Tanner, Hunter Walker, and Wayne Walker. We recognize that there are many others we could have talked with to gain a deeper understanding of the solid waste programs described in this study. We did not intend, however, that this would be an exhaustive study of these programs. Nor was the sample of communities we selected intended to be representative of all the rural communities successfully complying with Subtitle D. Our purpose was to describe a few successful programs ------- Rural Communities and Subtitle D: Acknowledgments so that other rural communities would know some of the alternatives they have for developing Subtitle D compliant programs. Names and phone numbers are included with each case study to contact for more detailed information. We do, however, want to recognize that there were other people whose input was crucial to the success of the programs described in this document. We apologize that we were not able to talk directly with you. In describing the programs, we have tried to be as accurate as possible. Material for this project, however, was collected before September, 1994. Thus, any changes in the programs after this date are not included in the publication. Finally, we want to acknowledge the effort that many rural communities are making to successfully manage their solid waste in ways that are environmentally responsible, cost efficient, and in concert with community values and interests. Your solutions are an apt demonstration that rural communities have alternatives for managing their solid waste, and that by using creativity and a combination of local and outside resources, rural communities can forge quality programs. Many other communities can learn from your experiences. James E. Malia Janice Morrissey October 14, 1994 ------- Rural Communities and Subtitle D: Executive Summary EXECUTIVE SUMMARY On October 9, 1991, the Environmental Protection Agency (EPA) issued regulations for municipal solid waste landfills under Subtitle D of the Resource Conservation and Recovery Act. These regulations contain location restrictions, facility design and operations criteria, ground-water monitoring requirements, corrective action measures, conditions for closing and performing post- closure care, and assurance for financial responsibility. Initially, landfill owners/operators had until October 9, 1993 to comply with most of the provisions of Subtitle D. Later, however, the effective date for many owner/ operators was extended to April 9, 1994. The Subtitle D regulations were promulgated to make the disposal of solid waste materials safer for the environment and for human health. As a result of these regulations, however, constructing and managing a landfill now requires considerable engineering and management expertise, the use of new technologies, and ample financial resources. Because many rural communities lack these resources they are at a disadvantage when required to construct and manage Subtitle D landfills. Community officials need to find additional funds to build and manage new landfills as well as close old landfills that cannot be made to comply with the Subtitle D criteria. To raise funds locally requires allocating less funds elsewhere and, in most instances, raising fees or taxes. Thus, costs are the most significant issue that must be resolved if rural communities are to successfully build and manage Subtitle D compliant landfills. If local funding options are not possible, cooperating with other areas to build a regional landfill is a viable option to obtain economies of scale. Regional landfills are not always politically acceptable, however. And local officials do not always have the political skills and experience to build regional associations and make them survive over time. Thus, control of waste management issues within their jurisdiction and cooperating with other communities are two additional issues that local officials may have to address if they are to implement successful solid waste disposal programs. This publication describes the experiences of eight communities in the Southeast that are successfully managing one or more of the issues of costs, control, and cooperation to implement successful solid waste disposal Thus costs are the most significant issue that must be resolved if rural communities are to successfully build and manage Subtitle D compliant landfills. ------- Rural Communities and Subtitle D: Executive Summary programs. The study highlights the successes achieved by these communities, the special challenges they face, and the creative ways they have found to comply with Subtitle D. The solutions and experiences of these eight programs offer valuable lessons for other rural communities. A sample of what can be learned from these programs is presented below. Albemarle Regional Solid Waste Management Authority, North Carolina By sharing employees and infrastructure already in place, waste management officials can reduce costs and build on cooperative arrangements already in place. Smart negotiating with private waste management companies can result in contracts that avoid put-or-pay arrangements, achieve price stability, and maintain ownership of transfer stations and other key components of a waste management system. The solutions and experiences of these eight programs offer valuable lessons for other rural communities. Atkinson County, Georgia • The right combination of sound economic planning, availability of low-interest credit, and proactive citizen involvement can enable a small rural county to maintain autonomy and control over its waste stream. • A well thought out citizen participation program can lead to the selection of a politically acceptable site for a landfill. Coffee County, Alabama Public entities can build and manage a Subtitle D landfill that can successfully compete with any private facility on price and quality of service. By building a landfill where the environment is right, rather than engineer the environment to make the landfill fit, and by using public employees and equipment to construct the landfill, costs can be kept to a minimum. Floyd County, Virginia • A transfer station is a viable option for a small rural county. One can be built for a low cost and adapted for future expansion or converted for use as a recycling facility. By negotiating short-term renewable contracts, a county can buy time to consider long-term options. An active group of local citizens can be effective in distributing solid waste management information to the public and force a careful scrutiny of all alternatives. ------- Rural Communities and Subtitle D: Executive Summary Jefferson County, Tennessee Changing regulations and deadlines can create a great deal of expense and work for counties that have developed a Subtitle D landfill in a timely fashion and may include costly permit revisions in mid-stream. A Subtitle D landfill can be built and managed successfully by a single rural county, particularly if it takes advantage of locally available resources. New River Resource Authority, Virginia • When siting a new landfill, nearby citizens' concerns may be reduced by agreeing to an independent groundwater monitoring and testing procedure along with a complaint procedure that guarantees responsive action and replacement of water supplies if contamination of drinking waste occurs. A volunteer citizens committee, when given adequate financial support, can be highly effective in researching and screening alternative waste management options. Tift County, Georgia • Extending landfill life is the best way to avoid future costs, a factor that may outweigh current cost-per-ton disposal costs. A volume-based system, such as pre-purchased bags, is an effective way to pay for landfill development, while reducing the amount of garbage that has to be buried. Tri-County Solid Waste Management Authority, North Carolina • In developing cooperative work relations, perceptions of equality of benefits and effort are important. If participants believe that arrangements are equitable, they will be satisfied. Building a successful cooperative arrangement to solve waste management problems can lead to successful cooperative ventures in other areas as well. Rural communities are not locked into a single alternative... they have the freedom and the resourcefulness to craft unique solutions that meet their particular needs. Most importantly, the experiences of these communities demonstrate that rural communities do have alternatives when it comes to developing solid waste disposal programs. Rural communities are not locked into a single alternative, nor do they need to feel pressured into agreements that may not be in the best long-term interests of the community. Rural communities have the freedom and the resourcefulness to craft unique solutions that meet their particular needs.. Hopefully this publication will stimulate thinking ------- Rural Communities and Subtitle D: Executive Summary about these alternatives and provide the motivation rural public officials and citizens need to adopt solutions that best serve the long-term well- being of their communities. ------- Rural Communities and Subtitle 0: Introduction INTRODUCTION Solid waste has always been with us. In the past, population densities were low and technology was minimal. As a result, the impacts of discarding waste materials were insignificant. In time, however, population numbers increased, social and economic conditions concentrated populations, and technology became more complex. The amounts and toxicity of solid waste now had the potential to harm human and animal health. As a result, more elaborate measures had to be taken for disposing of waste materials. But change came slowly. In most urban settings, backyard burning or the town dump were the most common ways to dispose of solid waste materials. Because of an abundance of land, rural areas had even more options - private fields and forests, roadways, or streams. Because improper waste disposal threatened the environment and presented a risk to human health, local, state, and federal laws were passed to regulate the disposal of solid waste materials. The impact of these early laws was felt primarily in urban areas. In rural areas, disposing of solid waste remained a private matter with little outside intervention to direct individual choices. Today, the laissez faire practices of waste management are gone. Uroan and rural areas alike are now bound by strict state and federal mandates. New laws dictate how waste materials are to be handled and how landfills and other disposal facilities must be constructed and managed to protect water sources, to not pollute the air, and to be aesthetically acceptable. The most recent standards for municipal solid waste landfills are specified in the Subtitle D regulations of the Resource Conservation and Recovery Act. These new regulations were issued by the Environmental Protection Agency (EPA) in October, 1991 to be effective in October, 1993. The deadline was later changed to April, 1994. These new regulations demand much of any community in terms of financial and managerial resources. Because rural areas have less money, less managerial expertise, limited access to technology, insufficient information about solid-waste management options, and less decision-making influence at the policy level than do urban areas, they are particularly challenged by the Subtitle D legislation. Rural public officials must secure substantial funds through new taxes or user fees, hire outside experts, or enter into regional associations that are uncomfortable or unfamiliar. New solid waste New laws dictate how waste materials are to be handled and how landfills and other disposal facilities must be constructed and managed. ------- Rural Communities and Subtitle D: Introduction management regulations have forced rural public officials and rural citizens to confront a host of issues that are new to them and for which they have little experience to draw on in deciding how to resolve. The alternatives are expensive and the wrong decisions can have disastrous results for rural communities. Despite the odds, however, many rural public officials are meeting the challenges imposed by Subtitle D and implementing successful solid waste disposal programs. This publication describes the experiences of eight rural Southeastern communities that are successfully implementing Subtitle D compliant solid waste disposal programs. It begins with a brief overview of the new regulations and a discussion of rural issues and problems. Then it continues with a discussion of rural waste management issues and the successes experienced by the communities in this study. The study concludes with a description of the solid waste program in each of the eight communities. SUBTITLE D In 1976, the United States Congress passed the Resource Conservation and Recovery Act (RCRA). RCRA was amended in 1984 and the Environmental Protection Agency (EPA) was directed to develop new regulations for the disposal of non-hazardous solid waste. Because the new regulations are described in Subtitle D of RCRA, they are generically referred to as "Subtitle D.* The regulations were promulgated in October of 1991 to be effective on October 9,1993. The date was later changed for smaller landfills, however, to April 9, 1994. The extension applied to most rural areas. These most recent amendments to the Subtitle D legislation have brought about dramatic changes in how both public and private entities construct and manage landfills. States are required to take the lead in implementing the regulations, including permitting and enforcement. The federal government will provide only technical assistance to the states and will enforce Subtitle D only in those states that do not implement the new rule. In developing their permitting and enforcement regulations, states can exceed the federal requirements. As a result, most states have initiated new state solid waste management laws and planning requirements. In general, the states have passed on the responsibility for developing and implementing solid waste plans to counties or regional entities comprised of one or more counties. 8 ------- Rural Communities and Subtitle D: Introduction New regulations The new regulations specify criteria for the location, operation, design and monitoring of new landfills. In addition, the regulations describe closure and post-closure care and require that landfill owners demonstrate the ability to pay costs for these, as well as costs related to any needed corrective actions. These regulations apply to all landfills, new or old, that receive waste after the effective date. Location restrictions: New landfills and lateral expansions of landfills are restricted in or near airports, floodplains, wetlands, fault areas, seismic impact zones, and unstable areas. Landfills located within 10,000 feet of any runway used by jet or turbojet aircraft or within 5000 feet of a runway used by piston-type aircraft must demonstrate that the facility does not pose a bird hazard to aircraft. Landfills cannot restrict the flow of a 100- year flood or reduce the water storage capacity of the floodplain. New landfills cannot be constructed in wetlands. The design of new facilities must consider the stability of the area in terms of soil conditions, geologic, geomorphologic, and man-made features. Operating criteria: Landfill owners must exclude disposal of hazardous waste, PCBs, and most liquid waste. Owners must implement a program that includes random inspection, operator training, and record keeping to ensure that these materials are excluded from the landfill. Six inches of cover are required at the end of each day, and operators must eliminate open burning, control disease-carrying insects and animals, and control public access. Surface water run-on and runoff controls must be installed to handle a 25-year storm. And operators must implement a program to monitor and control the build up of methane gas. Design criteria: New and existing landfills must provide groundwater protection by ensuring that the level of contaminants do not exceed the limits established by the federal Safe Drinking Water Act. In states with EPA-approved programs, the design can be site-specific as long as it meets performance standards and is approved by the state. In states without an approved EPA-program, landfill owners must design and build the landfill according to a design developed by EPA. The EPA design requires a composite liner, which includes a synthetic material over a 2-foot layer of clay, and a leachate collection system. ------- Rural Communities and Subtitle 0: Introduction Groundwater monitoring: All landfills must have monitoring wells to establish background groundwater quality levels. These wells must be sampled every six months. If a release occurs, assessment monitoring must begin immediately to characterize the nature and extent of the release. After the nature and extent of a release is known, corrective action must begin. Closure and post-closure: The new regulations require that all landfill owners must develop a closure plan and install a final cover that minimizes both erosion and infiltration of liquids into the landfill. Financial assurance: Landfill owners must demonstrate the financial ability to cover the costs of closure, post-closure care, and corrective action in the event of an accidental release. Changing regulations and effective dates The EPA received information from a number of states and communities describing problems they were experiencing in meeting the original Subtitle D implementation date of October 9,1993. These problems included: uncertainty regarding the timing of approval of state landfill programs, changing requirements, delays in gaining access to new waste management facilities, and overall financial and operational difficulties. After considering the concerns, EPA extended the deadline to comply with many of the criteria. EPA's intention was not to lessen the requirements but only to provide additional time to prepare for implementing the regulations. The effective dates were changed as follows. The financial assurance requirement was extended from April 9, 1994 to April 9,1995. Compliance with the landfill design and monitoring criteria was extended from October 9,1993 to April 9,1994 for small landfills that receive less than 100 tons/day of material, are not a Superfund site, and are in a state that has submitted an application to EPA for approval of its permit program by October 9,1993. In addition, some states allowed the continuing use of a current landfill as long as no lateral expansion was involved. There were also changes in the regulations, particularly in the requirements for liners. Changing regulations, when combined with the extended deadlines, hurt the communities and private companies who had made early decisions and were already well underway with permitted construction plans. Particularly - 10 - ------- Rural Communities and Subtitle D: Introduction hard hit were those landfills that were counting on receiving waste from other nearby communities. Because Subtitle D landfill tipping fees were higher relative to noncompliant landfills, the landfills with lower tipping fees continued to receive waste. As a result, the Subtitle D landfills experienced a significant loss of revenue - revenue that was needed to pay for the construction and operation of the facility. While many communities undoubtedly appreciated and benefited from the extended deadlines, for many other communities, it was a disservice that harmed them financially and reinforced their cynicism about federal and state regulations. RURAL AREA CHARACTERISTICS A number of factors help define what it is to be rural: low population density, a prevalence of resource-dependent industries, and open country side that Is some distance from an urban center and that may have an abundance of physical features - lakes, forests, and mountains - to attract urban visitors. These characteristics, which are the essence of ruralness, also create barriers to effective solid waste management practices. Population density The low population and housing densities of rural areas make waste management more complicated and costly in the same way it makes delivery of other public service, such as electricity, water, and sewers, more expensive. It takes more money on a per unit basis to service fewer people, a problem intrinsic to the rural way of life. Whether the solid waste management problem is how to collect the garbage, how to run a recycling program, or how to generate taxes to pay for a new landfill, a dispersed population makes the solution more difficult and more expensive than in areas with a large, concentrated population base. A number of factors help define what it is to be rural: low population density, a prevalence of resource-dependent industries, and open country side that is some distance from an urban center. Resource-dependent economies The economics of rural areas most often are based on resource-dependent occupations like agriculture, mining, forestry, or tourism. These industries create special waste management problems. Either they generate large amounts of waste materials, or they generate inconsistent amounts of waste that demand a high level of service at one point in time and a low level of service at other times. Resource-dependent economies also are strongly associated with low incomes and poverty, conditions that significantly complicate waste management planning and services. Increased rural industrialization 11 ------- Rural Communities and Subtitle D: Introduction puts added pressure on the waste management system by generating increased amounts of waste materials, materials that many times rural landfill managers have limited experience in handling. Rural residents generally have lower incomes than nonrural residents, and poverty is more common. Currently a higher percent of nonmetropolitan residents live in poverty than do metropolitan residents, 17% compared to 12% in the 1990 census. When there are few citizens, and when these citizens have little money, it is difficult for both public and private agencies to generate the taxes or revenues they need to develop quality waste management services. As a result, it is difficult to hire the management and technical expertise needed for modem waste management programs, to purchase new waste management technologies, and to generate the funds needed to support waste collection and disposal programs. Limited financial resources present significant problems for rural areas and often leave them with few options. Open space Rural areas are also freestanding, i.e., they are located some distance from a metropolitan statistical area. Because they are some distance from major metropolitan areas, and because they have low population and housing densities, rural areas have become an ideal target for depositing out-of- area wastes. Land is relatively cheap, and the waste materials will be far removed from the concerns of a concentrated population that prefers to just be rid of its trash. As well, waste companies have learned that community opposition is likely to be less vocal, less interested, and less organized in a sparsely populated area. Poor and minority communities have become particularly vulnerable to large waste flows in recent years. Thus, many rural areas must contend with managing their own waste materials as well as managing waste materials imported from other areas. Lack of power The needs and requirements of rural communities are frequently discounted by urban-based decision-makers. Because the locus of political and financial power is in cities, state and federal officials pass legislation and implement programs and policies designed primarily to serve the needs of metropolitan centers. Decision makers seem to assume that what works for the cities will work for the countryside as well. As a result, rural public officials are left with having to implement programs and policies that are more sophisticated 12 ------- Rural Communities and Subtitle D: Introduction than needed for rural areas or are completely inappropriate. In addition, the considerable knowledge and capabilities that rural people have acquired over generations to solve local problems is frequently dismissed when state and national initiatives are being formulated. Taking action In response to strict new solid waste management laws, rural areas, like the rest of the country, are being forced to rethink and redo how they manage their solid waste. Local officials and citizens in many rural areas, however, already must struggle with myriad social and economic problems that impede their efforts to forge an acceptable quality of life for their area. To comply now with new solid waste mandates, for which they have limited funds and expertise, is one more burden. Rural areas have few choices in these matters, however. As a result, they are implementing solutions to their solid waste problems that comply with current laws, that fit their available resources, and that allow them to maintain their unique sense of place and community. SUBTITLE D ISSUES IN RURAL AREAS Cost, control, and cooperation are the prime issues confronted by rural areas as they seek to comply with the Subtitle D criteria. How rural decision makers resolve these issues in large part determines whether their community will successfully manage its solid waste problem, or whether solid waste for them will remain a problem in search of a solution. Cost The burden of the cost issue Cost is the critical variable in Subtitle 0 compliance. In trying to manage costs, rural public officials may be forced to reduce expenses in other areas, raise taxes or fees, or enter into unwanted contractual arrangements. Poor management of costs can result in decisions and actions that are detrimental to the financial and environmental well-being of the community. Building and operating a landfill under Subtitle D regulations is expensive. There are many variables that affect total costs, but estimates from $600,000 to $800,000 or more per acre, or $30-$70 or more per ton are common for constructing, operating, and closing a Subtitle D landfill. Individual rural communities generally do not have this kind of money. Public officials can exert some control over costs by using local labor and equipment for Cost, control, and cooperation are the prime issues con- fronted by rural areas as they seek to comply with the Subtitle D criteria. 13 ------- Rural Communities and Subtitle D: Introduction landfill construction and maintenance, by selecting sites with an abundance of clay and sand, and by selecting sites that do not require extra engineering to make them suitable for the purposes of Subtitle D. Officials can also address cost issues by raising taxes or user fees, contracting with a private waste management company, or by joining a regional waste association or authority to achieve economies of scale. Raising taxes or fees can be politically risky - a risk that many politicians are not willing to take. Committed leadership and good public education can bring about public acceptance for paying more for garbage service, but it is no guarantee. Many local politicians have lost their offices over waste management issues. Those who see their peers lose an election must consider the political cost of taking an unpopular position without the support of the voters. Many elected officials believe that adopting a go- slow approach and bringing people along on the waste management issue may be more effective in the long run. If they lose to someone who vows not to spend money, the problem may not get solved anyway or be solved in a way that is detrimental to the area. Public officials must find ways to collect money to pay for waste management services. In many rural areas this may be difficult. Isolation and a strong sense of independence are an inducement for many rural citizens not to pay mandated waste management fees or taxes. Rural officials are challenged by having to collect the levies as well as having to manage other consequences of the fees, such as illegal dumping. Rural communities usually have to depend on outside experts to provide them with the financial information they need to make good waste manage- ment decisions. Their dependent status makes them vulnerable. As a result, they must always be certain that the information they receive serves the best interests of the community and not the best interest of the outside expert. In addition, the experience of outside experts is mainly with larger urban areas and private waste companies. As a result, their recommendations and solutions may be inappropriate for rural communities. Many rural communities have difficulty in obtaining reliable cost estimates for landfill construction and operation or of learning the financial impact of alternative waste management programs. Decision makers need to know the tonnage that is needed to cover near-term fixed costs and still keep tipping fees competitive and user fees reasonable. For example, - 14 - ------- Rural Communities and Subtitle D: Introduction does it make better economic sense to emphasize long-term life expectancy of the landfill over costs per ton? Should effective reduction and recycling programs be sacrificed to keep waste volumes high enough? Or, can future disposal costs be avoided through an aggressive resource recovery program now? The Subtitle D regulations have not come with federal funds to implement them. A few states do provide financial assistance for some aspects of a community's solid waste management program, but states have limited funds and a number of other priorities. As a result, the financial burden of Subtitle D primarily falls on the local communities. Many rural officials believe that waste management, including compliance with Subtitle D regulations, requires a grossly disproportionate share of the local budget. Some have had to cut back on other public services when funds cannot be raised through increased taxes or user fees. Key cost issues relating to Subtitle 0 and rural areas: How can rural areas finance necessary solid waste disposal systems? Must new funds be raised or can expenses be reduced? What financial assistance is available from state or federal sources? • Are rural communities and the engineering firms they hire overlooking creative, less expensive ways of building compliant landfills? • What are the implications for other services within rural communities if a large portion of the budget is spent on landfill costs? How can rural communities build smaller landfills cost effectively and still comply with the Subtitle D regulations? What is the trade-off between cost-per-ton and long-term cost avoidance through extended landfill life? How should decision makers decide which alternative to maximize? The financial bur- den of Subtitle D primarily falls on the local communi- ties. Solutions to the cost issues Successful programs have adopted innovative ways to keep costs low. Some of the cost-saving measures adopted by the communities in this study include: Taking a long-term planning approach that emphasizes cost avoidance and extension of landfill life (Atkinson County, Jefferson County, NRRA, Tift County); Involving the public in selecting among disposal alternatives and in finding a landfill site (Atkinson County, Tift County, NRRA); Selecting a site that requires little environmental engineering (Coffee - 15 - ------- Rural Communities and Subtitle D: Introduction County, Jefferson County); • Using county equipment and personnel (Coffee County, Jefferson County); • Applying for grant and loan assistance available to rural communities (Atkinson County, Tri-County); • Cooperating with existing local organizations to use available resources (Albemarle); • Building a regional association to share expenses (Albemarle, Tri- County, NRRA, lift County); • Using incentives to implement waste reduction and recycling programs (lift County); Negotiating cost saving contracts that protect community interests (Albemarle); • Transferring material out of the area on a temporary basis while considering permanent solutions (Floyd County). There is one source of federal assistance for waste management activities that rural communities might consider. It is the Rural Development Association program administered by the Farmers Home Administration (FmHA) in the United States Department of Agriculture. Details of this program and how it was used to the advantage of Atkinson County, Georgia are discussed on page 42. Control The burden of the control issue The ability to control what happens within their area, including what happens relative to solid waste, is a strong value for rural public officials and citizens. The complexity and expense involved with constructing and managing a Subtitle D landfill, however, can provide an incentive for local officials to contract with private waste management companies. The result may be decreased local control of costs and of the kind of waste materials that are brought into the area. Privatizing all or part of a waste management system can have a strong appeal for some local officials, particularly if they lack the knowledge or financial base to adequately address solid waste issues. Private companies have more experience in waste management than do public officials, and they have greater familiarity with the rules and regulations and what must be done to meet them. In addition, private companies may offer initial 16 ------- Rural Communities and Subtitle D: Introduction terms that are very attractive to a small rural community that is looking for ways to save money on waste management. Finally, when the siting of a private waste facility includes the promise of new jobs and other economic benefits, it may be percieved as an attractive economic development program for financially strapped rural areas. Larger waste management companies have sufficient capital reserve to absorb a loss for a period of time, or they can make up for a loss at one facility with profits from another. Thus companies can offer low initial rates that are attractive to communities that take a short-term approach to solving their waste disposal problem. Then when rates increase, the community is committed and cannot get out of its contract. Giving responsibility for waste disposal over to the private sector can also compromise the public sector's control of what kinds of waste materials are brought into the area and how much material is being imported. Private companies are in the landfill business to make money. Thus, the more materials they can deposit in their landfills the more money they can make. If adequate amounts are not available locally, additional material can be transported in from other areas. Local rural areas can then unknowingly become the repository of others' waste materials, which may not be something they want to do. (Currently, because solid waste qualifies as commerce protected by the Commerce Clause of the United States Constitution, states and localities cannot legally restrict waste imports. Federal legislation that was designed to give states and local governments more control over waste imports failed in the 1994 congress.) The need to maintain adequate volumes of materials for disposal can compromise a community's control of its waste reduction and recycling programs. If materials are diverted from the landfill through waste reduction programs, the owner of the landfill will have decreased revenues. To keep profits at an acceptable level, landfill owners often will enter into a "put or pay" agreement that requires the contracting entity to pay for a certain amount of materials whether delivered to the landfill or not. This arrangement creates a disincentive for local communities to support waste reduction programs, which may be in direct conflict with state waste reduction goals or mandates. Many contracts between a local government and private company have a provision that allows the contractor to sell or assign the contract to another company. As a result, local authorities may suddenly find themselves tied 17 ------- Rural Communities and Subtitle O: Introduction to a company that is unfamiliar to them and that they may prefer not to work with. At that point, however, they would have little choice. Their contract ties them to the company, and their financial investment is too great to consider other options. Local officials need to weigh how much control they are willing to give up in exchange for what benefits. Key control issues related to Subtitle D and rural areas: • What alternatives are there for resolving the dilemma between the need for high volume and the need for waste reduction? How can the public interest be maintained in waste management decision making when the decision is to privatize all or a portion of the waste management system? • How can rural public officials increase their information and skills to effectively evaluate alternative technologies, to deal effectively with the private sector, to resolve conflicts, and to successfully solve problems? How can rural communities maintain control of the waste management process (including flow control) and develop long-term solutions in the public interest when private waste companies offer enticing, short- term, inexpensive solutions and can relieve them of the difficulties involved in finding a long-term solution? • What factors determine whether or not contracting with a private waste management company is a good, sustainable waste management solution for a community? • What are the key factors in contracting with a private waste management company that must be addressed to adequately protect the local community? Solutions to the control issues Control of costs and waste flows within their jurisdictions are critical issues for rural communities. Local officials need to weigh how much control they are willing to give up in exchange for what benefits. The case studies presented here provide a variety of examples of officials developing systems and negotiating contracts that allow the communities to maintain control of those waste management factors they consider important while relinquishing control of those affairs they believed could best be handled by others. Some of the means used by the communities include: • Maintaining control over part of the waste disposal system, e.g. transportation and collection (Albemarle, Tri-County); Pursuing other long-term options while transferring waste out of the area in the short-term (Floyd County); • Building small public landfills to keep all waste management decisions 18 ------- Rural Communities and Subtitle D: Introduction Building trust with other public officials in other localities to form a regional association (Albemarle, NRRA, Tift County, Tri-County); Hire engineering and economic consultants who understand community values and who work closely with local citizens (Atkinson County). Contracting with a private company is a particular challenge for a rural community. The goal is to create an arrangement that allows a local government to dispose of the community's waste in the safest, most economic manner possible. In negotiating a contract, public officials need to be informed, ask questions, and get satisfactory answers to those questions. On page 28 are a number of suggestions officials can use when considering a contract with a private waste management company. Cooperation The burden of the cooperation issue To achieve economies of scale in building and managing new landfills and to pool available resources, rural communities are feeling pressured to enter into regional associations with neighboring counties or municipalities. The regional associations can be beneficial, or they may force relationships that are uncomfortable and unwanted by many rural areas, particularly in those areas where there has been no prior history of cooperative efforts. Traditionally, rural governments are somewhat territorial with respect to their neighbors, and they have had few opportunities in the past to work together. Now they are being forced by circumstances to cooperate with other communities, even when there is no history of cooperative relations. As a result, the forming of regional associations to solve the cost problems resulting from Subtitle D is proceeding with great difficulty in many areas. If there is not a history of cooperation and sharing of resources, there needs to be considerable work up front to build trust and to develop the interpersonal relations required for cooperative work arrangements. The deadlines for complying with Subtitle D have not provided sufficient time for this to happen. Key cooperation issues relating to Subtitle D and rural areas: • Who makes the decisions to form regional associations? How do public officials build political and public support for those decisions? How do public officials overcome historical suspicion between communities and build cooperative relationships? 19 ------- Rural Communities and Subtitle D: Introduction • How do members of a regional association equally share the risks and benefits of membership in the association? How do members of a regional association resolve conflicts and negotiate solutions to common problems? How do members of a regional association maintain an acceptable level of local control and still make decisions that benefit all members of the association? Or, how do members maintain local control and yet give up some of that control for the benefit of the whole? Solutions to the cooperation issues Building cooperative arrangements, either within a county or between counties, can be an effective means for rural communities to solve their solid waste management problems. Effective cooperative arrangements can increase the likelihood of success for public waste disposal programs, which increase local control and maximizes communities* ability to control costs, the flow of materials, and to implement reduction and recycling programs. The communities studied in this project approached cooperation in a variety of ways, including: • Building on a strong cooperative structure that was already present (Albemarle, Tift County); • Developing an informal cooperative arrangement from scratch (Tri- County); Building a cooperative structure based on price and service (Coffee County); Building an internal cooperative structure between the county, municipalities, and local industries (Atkinson County, Tift County); • Involving local citizens in the decision-making process to build internal cooperation (Atkinson County, Tift County, NRRA). Contracting with residents near a proposed landfill to reduce impacts and protect public safety (NRRA). A cooperative effort needs strong leadership to articulate a larger vision of the community's place in the region and how it might interact with other nearby communities to solve its problems. The rugged individualism that enabled many rural communities to survive in the past was discarded for a new work mode based on shared responsibility and authority. The leaders directing the cooperative efforts discussed in this study possessed new skills and an understanding that cooperation now forms the basis for getting programs implemented. 20 ------- Rural Communities and Subtitle D: Introduction Working cooperatively to address solid waste management problems is not a total answer, however. Based on the experience of these communities, the key would seem to lie in identifying program areas where cooperation can mutually benefit a number of communities while also identifying areas where individual members should retain control for the benefit of their local jurisdiction. These communities then implemented mechanisms that protected their individual interests without compromising their common good. See page 98 for more discussion about cooperative efforts. CONCLUSION New Subtitle D regulations were passed to ensure that solid waste materials are disposed of in ways that protect the environment and human health. Because many rural communities lack the technical expertise, management ability, and financial resources needed to build and manage modern, technologically sophisticated landfills, they have difficulty in finding ways to comply with the Subtitle D requirements. But rural communities are resourceful. This study provides examples of rural communities in the South and Appalachia that are finding creative ways to successfully implement solid waste disposal programs that meet Subtitle D requirements. The experience and decisions of each of these communities is unique and cannot be replicated in total by other communities. The information can, however, provide ideas and possible directions that individual communities can adopt or rework for their own unique situations. Detailed information about the waste management program for each of the eight communities studied in this publication follows. The names of contacts are included with each case study for those who would like additional information about a particular program. 21 ------- 22 ------- Rural Communities and Subtitle D: Albemarle Regional Solid Waste Management ALBEMARLE REGIONAL SOLID WASTE MANAGEMENT AUTHORITY Belvidere, North Carolina Overview of the Case By themselves, individual rural counties generally do not have the financial and other resources needed to address the really big problems, says Jerry Parks, Executive Director of the Albemarle Regional Solid Waste Management Authority. He goes on to say that it is for this reason that the counties in the Albemarle region of Eastern North Carolina historically have cooperated with one another and shared resources to solve the problems they all share. This area's response to the Subtitle D requirements is further evidence of these counties ability to work together. Cooperation extends to relationships with the private sector as well. Instead of trying to build and manage a new landfill on their own, the Authority contracted with East Carolina Environmental, Inc., a private waste management company owned by Addington Environmental, Inc. The agreement has worked to the advantage of both parties. The Authority is able to dispose of their waste, retain control over key aspects of the operation, and support reduction and recycling programs. Addington is able to make a profit and provide a needed service in Eastern North Carolina. Members of the Authority include the Counties of Chowan, Currituck, Dare, Gates, Hyde, Perquimans, and Tyrrell. Today the Authority transports and disposes of some 93,000 tons of waste materials annually from these seven counties and the 10 municipalities within the region. It is an effective system and a fitting testimony of what local units of government can achieve through cooperation. "We have a long history of cooperation and of sharing resources in this area. Managing solid waste is just one more example of how we work together. * Jerry L Parks, Executive Director, Albemarle Regional Solid Waste Management Authority 23 ------- Rural Communities and Subtitle D: Albemarle Regional Solid Waste Management Geographic and demographic Information The Albemarle region is located along the Eastern North Carolina seaboard. It is a flat coastal plain with numerous rivers, bays, and islands. Because the area is broken up by many waterways, travel from one point to another is often circuitous and costly for transporting solid waste. There are 81,000 people in the seven county area, with substantially more during the height of the tourist season. For example, Dare County escalates from approximately 24,000 people during most of the year to 135,000 during the height of the tourist season. Farming, light industry, tourism, and retirement checks are the main income producers for the area. A history of cooperation Historically there has been a high degree of collaboration in the area. Among other activities, the area's counties have developed regional water and health care systems, a regional jail, a dog pound, and an area drug prevention task force. Because there has been a history of cooperation on a variety of issues and initiatives, addressing solid waste as a joint effort was a natural for the counties. Even though cooperation is a norm, Albemarle area counties also want to have the flexibility and power to participate in any joint venture on their terms, at least to the extent that it does not jeopardize the efforts of the whole. To carve out a cooperative agreement that would both manage solid waste for the region and that would be flexible enough to allow each county to manage solid waste affairs within its own boundaries would be the next big challenge for the area. Prior to Subtitle D, solid waste in the Albemarle region was managed primarily by the individual counties. Three of the counties were already cooperating through the Perquimans-Chowan-Gates Solid Waste Management Authority. Jerry Parks was Executive Director of this Authority. With the advent of Subtitle D, seven additional counties joined with Perquimans, Chowan, and Gates to consider forming a 10 county authority. Before negotiations could be complete, three counties dropped out for various reasons, leaving seven counties to form a general solid waste authority under the statutes of North Carolina. Consistent with the tradition of cooperation and resource sharing, Jerry Parks was asked to serve as director of the seven county authority as well as retain his current position as director of the three county authority. This 24 ------- Rural Communities and Subtitle D: Albemarle Regional Solid Waste Management arrangement has been ongoing now for nearly two years and is working well. The arrangement allows the Authority to utilize Parks' expertise and familiarity with the area and avoid having to create another bureaucracy to manage its affairs. The Authority is governed by a 17 member board of directors made up of elected and appointed officials from the seven member counties. The Authority is financed through a combination of County appropriations, grant funds, and a one dollar per ton fee paid by Addington for all waste entering the regional facility from a community that signed a less than twenty year agreement with Addington. Forming a public private partnership Initially the Authority considered constructing and operating its own Subtitle D landfill. The Authority had identified a potential site, but then it ran into considerable local opposition from residents who did not want a landfill sited near them. The opposition effectively killed the project. So the Authority was left with having to decide how it would dispose of the area's solid waste. At the same time, Addington Environmental was exploring the feasibility of constructing and managing a Subtitle D facility in the Eastern North Carolina area. In their search for potential customers, Addington came to the Authority to see if it would be interested in using the proposed landfill. For the project to be financially viable, Addington needed a commitment from area counties to use the facility for 20 years. The Authority weighed the cost differences and liability of a private facility versus a public facility and determined that neither option contained major advantages or disadvantages. The Authority was leaning toward the private option, however. The Authority and Addington thus began a prolonged period of intense negotiation to determine if an agreement could be reached that would mutually benefit both parties. The negotiations were a good faith effort on both sides and were marked by honest and frank discussions. The Authority was willing to work with Addington, but at the same time, it had agreements it wanted in a contract, and it was not shy about asking for them. Addington for its part was genuinely committed to concluding an agreement that would truly be best for all concerned. After much discussion an agreement was completed in July, 1993. 25 ------- Rural Communities and Subtitle 0: Albemarle Regional Solid Waste Management Addington agreed to build and operate a Subtitle D facility in Bertie County, near Windsor, North Carolina. (The regional facility is currently serving a 15 county area in Eastern North Carolina. As the host county, Bertie receives many benefits, including a per ton payment and a sliding reduced disposal fee.) The Authority agreed to build and operate three transfer stations in their seven county area. By retaining ownership of the transfer stations, the Authority would have control over part of the waste management system, and it would have a collection and transfer capability already in place should something happen to the agreement with Addington. The transfer stations are located in Currituck, Dare, and Perquimans Counties. As an incentive to commit to the 20-year agreement and as a reward for doing so, Addington agreed to pay the Authority a $1.00/ton royalty fee for each ton of waste deposited in the landfill from a North Carolina source that did not commit to a 20 year agreement or who signed with Addington after the landfill was operational. To date this royalty has generated a significant amount of money for the benefit of the Authority. Addington has benefited from the royalty payments because without the 20 year commitment from the Authority, it would not have been able to obtain the financing it needed to build the landfill. The agreement has a built in incentive to implement reduction and recycling programs. The agreement is a flexible document that very much supports the financial and control interests of the Authority. An important feature for the Authority is that it pays for only the amount of waste that it actually deposits in the landfill. Hence, the agreement has a built in incentive to implement reduction and recycling programs. The Authority is obligated for a minimum payment each month, but the amount is low enough that it should consistently be less than the amount owed for the actual tonnage of waste deposited in the landfill. Each year the minimum payment is renegotiated based on the prior year's experience. If during the year there is a substantial reduction in the amount of waste being deposited as a result of implementing waste reduction programs or new regulations, a new minimum monthly fee can be negotiated for the balance of the year. The intention of the agreement is that the Authority does not have to pay in any month for more solid waste than it actually delivers. In April of 1994, the agreement was renegotiated to address what would happen if a technological advance in waste management should substantially reduce Addington's costs for operating the landfill. The parties agreed that if such a technology were developed and adopted by Addington, the 26 ------- Rural Communities and Subtitle D: Albemarle Regional Solid Waste Management tipping fee would be renegotiated to reflect the cost reductions resulting from the adoption of the new technology. Members of the Authority were concerned about the equity of transportation costs. Counties closer to the landfill did not want to subsidize the transportation costs of those further from the landfill. To address these concerns, the agreement establishes three regions within the seven county area and assigns a transportation cost for each region. Currently the base tipping fee is $30/ton. Counties in Region One pay an additional $10.64/ton charge for transportation from the transfer station to the landfill. Counties in Region Two pay $13.88/ton for transportation, and counties in Region Three pay $14.91/ton. Fees are paid to the Authority by the member counties. The Authority then pays Addington and the transportation company their charges for the month. In concluding the agreement, the goal was to complete one document. Legal entanglements and a need for financial assurance made it necessary to conclude a number of agreements. The final contract thus included agreements between Addington and the Authority and with each separate county, agreements between counties, and agreements about collection. To date all parties are very satisfied with the agreement, and Parks believes Addington is working very hard to be a good neighbor to the host county and to the other counties in the area. Collection and management of the system The local collection of waste is the responsibility of individual counties. The charter of the Authority and the agreement with Addington left intact existing collection and processing systems. And the system in each county is different. Counties use a combination of convenience centers, door-to- door collection, and public and private haulers. The collection of waste materials and transportation to the transfer station is a local issue. The Authority is built on top of that system and has responsibility for solid waste from the transfer stations to the landfill. How each county finances its solid waste costs is also a local issue and different for each county. Local finance is outside the responsibility of the Authority. In general, counties subsidize household fees but not fees for industry. The belief is that business and industry can pass increased solid waste disposal costs on to their customers. - 27 - ------- Rural Communities and Subtitle O: Albemarle Regional Solid Waste Management Contracting with Private Waste Management Companies The following tips are offered by legal experts to help public officials negotiate solid waste management contracts with private companies. • The waste management company should have a proven track record as well as the financial resources needed to complete and manage the project through the post closure period, even if the company should go out of business. Make the company responsible for leakages and other discharges as well as failures to comply with regulations during operation and afterward. • The company should be wholly responsible for spills, leaks, regulatory claims and fines, and all suits arising from the operation of the landfill. • Know how the company defines self-insurance. Know your guarantees and how the local government is protected. • Tie future increases in tipping fees to something that accurately reflects an increase in the company's operating costs at this landfill. The Consumer Price Index (CPI) is not necessarily an accurate predictor of these costs. • If the same company is also providing transportation, separate landfill operations costs from the transportation costs. • Include a contract provision that allows for waste reduction and recycling activities. Retain the right to review the cost of operations at the landfill and the right to know the company's profits relating to your operation. If the contract can be assigned to another company, retain your right to disapprove of the transfer if you are uncertain that the public will be protected. • As a host community, obtain as many rewards as possible for being the host community. • Retain the right to review all subsequent contracts let by the company to ensure that later contracts do not offer better terms. I 28 ------- Rural Communities and Subtitle D: Albemarle Regional Solid Waste Management Recycling is also a local responsibility. Programs are managed at the local level and counties reap the benefits by reduced fees owed the Authority because less waste is hauled from the county. Thus, individual counties have an incentive, beyond the state mandate, to implement recycling programs. Even though recycling is a local issue, individual counties can benefit from outside assistance. When the Authority was presented with an opportunity to obtain assistance for recycling programs, it moved on it. A local environmental group, the Albemarle Environmental Association (AEA) saw a hole in the Authority's plans and suggested that there was an opportunity to pursue waste reduction and recycling activities. As part of a public-private partnership, AEA offered to cooperate in writing a grant to fund a position for a Recycling Coordinator to investigate recycling markets. The $25,000 grant was funded by the Z. Smith Reynolds Foundation to cover the initial year of the program. In succeeding years, the position will be funded from the royalty money received from Addington. The Recycling Coordinator is now assisting member counties to develop their recycling programs by providing education, and searching out markets for recycled materials. A guiding principle of the program is to provide service as simply and as inexpensively as possible. For example, the Authority moves volumes of waste and money with the goal of not having unnecessary amounts of either stay long at any site. On the financial side, this practice allows the counties to maintain funds in their own interest bearing accounts until the last possible minute. A guiding principle of the program is to provide service as simply and as inexpensively as possible. Sharing resources The PPCC District Health Department that serves four of the counties in the Albemarle area had developed a regional computer network system to track its daily business. When asked, the Director of the Health Department readily agreed that the Waste Management Authority could use this system to administer its solid waste program. Through a memorandum of agreement with the Department, the Authority shares the services of a Personnel Director, Data Processor and Accounting Clerk to manage data and finances and to meet its reporting requirements. The agreement provides the Authority with access to a mainframe computer and a level of technology that it could not afford on its own. The computer software was developed specifically for the Authority by an area software developer. In addition, this arrangement allows the Authority to offer its employees group health insurance, retirement, workman compensation and other benefits at the lowest possible cost. 29 ------- Rural Communities and Subtitle D: Albemarle Regional Solid Waste Management The solid waste management project is a deliberate attempt to keep the bureaucracy as small as possible. It was not the desire of the member counties to provide another layer of government that would burden the taxpayer. By sharing employees and infrastructure already in place, maximum service is provided at a minimum price. Lessons from the Albemarle Solid Waste Authority The development and implementation of the Albemarle Solid Waste Authority provides several insights that other rural areas can use when planning their own solid waste programs. • A Solid Waste Authority may be able to form agreements with local institutions for access to computer network systems, shared administrative services, and use of infrastructure already in place. • A large bureaucracy is not needed to manage a solid waste authority - keep it simple. Share employees and infrastructure already in place. • The right contract with a private waste management company can be a viable solution for a rural area. The key is to bargain from a position of strength by having more than one option and by maintaining control over costs and waste volumes. In a contractual arrangement, keep control of some key parts of the system so that the local government is not totally dependent on the contractor. • Manage only that part of a multi-county system that makes sense to manage at a regional level. Allow smaller units of government to manage more localized operations, e.g. collection. • An equitable system can be worked out in a regional agreement so that financial and transportation burdens are shared equally by all parties. Non-profit organizations can be valuable allies in establishing and implementing solid waste management programs. 30 ------- Rural Communities and Subtitle D: Albemarle Regional Solid Waste Management Contacts For Further Information Jerry Parks, Director Albemarle Regional Solid Waste Management Authority Route 1 - Box 152C Belvidere, North Carolina 27919 919/297-2157 Anne Blindt, Recycling Coordinator Albemarle Environmental Association Box 5346 Hertford, North Carolina 27944 919/297-2157 31 ------- 32 - ------- Rural Communities and Subtitle D: Atkinson County ATKINSON COUNTY, GEORGIA Pearson, Georgia Overview of the Case In the summer of 1991, the citizens and officials of Atkinson County, Georgia were faced with dwindling landfill space and no prospects for a new landfill. Three years later, the county has received a permit to build its own Subtitle D landfill on a site that was selected by local citizens under the guidance of a progressive Atlanta consultant. A low-interest loan and grant from the Farmers Home Administration made the landfill affordable. Landfill construction is scheduled to begin in October 1994. The county is presently transferring its waste to Waycross, Georgia until the landfill can be built. Members of the Atkinson County Solid Waste Citizens Committee, a group of volunteer local residents, have participated in every phase of the solid waste solution, from problem definition through site selection and decision implementation. Several original Committee members, along with officials of the county and municipalities, now sit on the Solid Waste Authority. Citizens and officials of this small county have been steadfast in their determination to have their own public landfill, despite pressures at the State level to regionalize. By having a landfill of their own, they believe they can control what goes in it and extend its useful life far into the future. Through the use of long-term planning and low-interest financing from FmHA, the Authority and its consultant believe Atkinson County can build and run a landfill cost-effectively. The Authority remains open to forming a region with neighboring counties at a later date if this option appears to be in the county's best interest. 'The biggest problem being faced by local government is very short term planning - not looking beyond the next election. The key to dealing with solid waste is long-term planning." Juan Ruiz, E & C Consulting, Snallville, Georgia 33 ------- Juan Ruiz, a consultant, firmly believes that full citizen participation is the key to an effective solution to a public policy problem. Rural Communities and Subtitle P: Atkinson County One of the biggest challenges at this point is educating the public and enforcing the $10.75 household collection and disposal fee, a first-time cost for the residents of this low-income county. Another challenge is working through the rules and regulations with the Georgia Environmental Protection Division in developing the landfill. Geographic and demographic information Atkinson County is located in rural southern Georgia between Tifton and Waycross, about 200 miles south of Atlanta and 30 miles north of the Florida border. The County has a population of approximately 6,200 persons, or 2,210 households. Covering an area of 344 square miles, the County's population density is only 18 persons per square mile. There are two municipalities in the County: Pearson, the county seat, and Willacoochee. Atkinson County's median household income of $17,685 ranks near the bottom of Georgia counties, and 26 percent of the population was below the poverty level in 1989. The economic base is characterized primarily by farming, timbering and lumber production (including pulp and wood chips), mobile home manufacturing, plastic bag manufacturing, and small cut and sew factories. The largest employers are the county school system, Fleetwood Mobile Homes, Cady-Bag Plastics, and Georgia Pacific. Citizens choose an alternative The three Atkinson County Commissioners began searching for a new landfill site several years ago when they realized the present landfill was running out of space. They were considering a site near the Sunnyside community, the location of both the existing landfill and an old closed landfill. Nearby residents opposed the idea and began holding meetings in the Sunnyside church social hall. As told by one resident, the Commissioners basically said, "If you think you can do better than us, go ahead." In July 1991, the County entered into a contract with Juan Ruiz, an Atlanta- based consultant with a background in engineering and economics and practical experience as former Assistant Manager for the City of Macon. Ruiz is not the type of engineer who relies on mainstream approaches and assumptions in solving a problem. He firmly believes that full citizen participation is the key to an effective solution to a public policy problem. Working closely with the community in planning for the long term is critical in resolving the solid waste issue. He ran advertisements in the local paper and held 34 ------- Rural Communities and Subtitle D: Atkinson County county-wide public meetings. Ruiz made a commitment to meet with any citizen of the County at any time. At all times, the general public was invited to offer suggestions. Ruiz formed the volunteer Citizens Committee from the 340 public meeting attendees. At least 50 Committee meetings were held over a period of a year and a half. The Committee involved about 40-50 active members initially. According to one member, "eight or nine of us hung on for dear life" through the remainder of the process. Committee members participated in weekly public meetings. With no experience in the area of solid waste, the Committee members researched the problem, characterized the waste stream, decided among a range of alternatives, and selected a site for a new Subtitle D landfill for Atkinson County. The County Commissioners agreed to go along with whatever decision the Committee made. With guidance and data provided by Ruiz, the Committee began by considering all the possible solutions: 1. Incineration; 2. Hauling and disposal of all the solid waste in a private landfill in another county; 3. Have a recycling facility, process as much as possible, and dispose the remainder in a private landfill in another county; or 4. Build and operate a public landfill for Atkinson County, and implement an aggressive recycling and composting program. Regional solutions have been discussed briefly, but only as an option that can be dealt with at a later time after the permit is received. Several counties in the nearby area are in need of landfill space and are relying on temporary measures, and they are likely to look to Atkinson for permanent disposal solutions. The Committee quickly concluded that Option 1, incineration, was neither economically or politically feasible. Option 2 would cost the County about $800,000 per year, including both tipping fees and hauling costs to transfer the waste to the nearest private landfill in Valdosta, 70 miles away. Furthermore, the County would be dependent on someone else to take care of its problem with no long-term guarantees, and it could be subject to arbitrary price increases that would make this option very expensive over time. 35 ------- Rural Communities and Subtitle D: Atkinson County The Committee members conducted their own waste characterization study by analyzing the garbage going into the landfill. Based on this, they determined they could recycle up to 60 percent of the industrial waste, which is mainly from the mobile home industry, and 25 percent of household garbage. Composting was determined to be a simple and affordable operation, but it would only divert 10 percent of the waste stream. Under Option 3, a bailer, building and conveyor system would be needed at a cost of $650,000, in addition to the costs of operations and trucks. Tipping fees and hauling costs would still be involved in using the Valdosta landfill, and dependency on someone else would still be a factor. Option 4, a county landfill with recycling and composting operations, was found to be possible under certain financing conditions. A 10-acre municipal solid waste landfill and a 10-acre debris landfill would cost $3.7 to $4.5 million, including land acquisition, construction, bailers, trucks, equipment, operations, maintenance, closure, and post-closure. Landfill operations would use prison labor from the state prison at Waycross in addition to 7 or 8 salaried employees. The total capital investment of this option would be between $425,000 to $520,000. Ruiz calculated that a low-interest loan of 5 to 7 percent would make the investment feasible. He was aware of the potential availability of such loans and possible grant moneys through programs administered by the Farmers Home Administration (FmHA). The Committee voted to pursue Option 4. In comparing the investments required in each option, Committee members concluded that it would not make sense to pay $400,000 or more and have nothing to show for it and contribute to another community's problem. They believed that if private industry takes over the landfill business, counties will be at their mercy. By having their own landfill, they can control what goes in it, control prices, and provide a long-term solution to their waste problem. A landfill sited by citizens The next challenge was to locate a site for the landfill. Ruiz asked citizens to submit plats of possible sites. The initial slate of 27 sites was narrowed to 17, representing eight sections of the County. Subgroups of citizens were formed to evaluate each section. 36 ------- Rural Communities and Subtitle D: Atkinson County Ruiz performed feasibility studies on these 17 sites. Sites qualified as candidates if they were 100 acres or larger, had clay available on site, and a relatively low water table. Other considerations included proximity of residents, convenience for truck access, soil conditions, and the availability of a buffer. The range of sites was narrowed to three, which were subjected to more detailed analysis. Committee members met with property owners individually and asked whether they were willing to sell. In the words of one Committee member, "Here in Atkinson County, we have what folks call the 'old home place'.... We were simply not going to take anybody's property." In the summer of 1992, a vote was taken by having each member of the Citizens Committee rank the sites in order of their preference. There was a high degree of consensus on the preferred site and the alternate sites. After some negotiation between the site property owners and Committee members, the owners finally agreed to sell the 465 acre tract to the County at a fair price. The site selected by the Citizens Committee was given official approval by the Georgia Environmntal Protection Division on December 8, 1992. In the words of one Committee member, This is the first time in the United States of America that ordinary citizens have sited a landfill. If you can make it work in Atkinson County, you can make it work anywhere." In spite of a conscious effort to select a landfill site in a fair, open process, not everyone affected by the decision was happy with the outcome. Even though Ruiz and Committee members visited the residents living near the site and explained the landfill plans, some residents apparently do not feel they were adequately considered in the process. There are 17 residences within a 1.5 mile radius of the proposed landfill, including two within a half mile. An elderly couple who lives about 500 yards away said they were "over-ruled." Explaining why there had been little vocal opposition from residents near the proposed site, the wife said that "it's hard to get people to go in together." It is difficult to say whether some additional understanding or mitigation might have reduced these residents' apprehension about the landfill. The County Solid Waste Authority was set up according to law to implement and oversee the solid waste management program. It included the two city mayors, the three County Commissioners, and six private citizens. This is the first time in the United States of America that ordinary citizens have sited a landfill." 37 - ------- Rural Communities and Subtitle D: Atkinson County Initially, only one original member of the Citizens Committee was appointed to the Solid Waste Authority. Later, Authority members came to recognize the contribution Committee members were able to provide and named several original Committee members to the Authority. Now, about half of the Authority is made up of original Committee members. The Authority hired Hayward Cribb, a local resident with experience in engineering and construction, as the landfill director. A major challenge in the decision-making process has been the difficulty for the two city governments, the county government, and private citizens to work together. Because solid waste has historically been dealt with independently, it was difficult to give up control over waste collection, finance, and transportation. The county commissioners, the city councils, and the mayors worked hard in many meetings to cooperate toward finding a common solution. Ruiz says these differences were resolved on an individual basis and by having a lot of meetings. Paying for the landfill, with help from FmHA With a plan that had the endorsement of the majority of citizens, even with a suitable landfill site, the County was ready to approach the Farmers Home Administration (FmHA) for a low-income loan and grant to finance the project. Atkinson County qualified for FmHA's loan program at the intermediate level interest rate and for grant assistance based on Georgia's non-metropolitan standard for household income. (See page 42 for details on FMHA) In June, 1992, FmHA notified Ruiz that it would give a grant to Atkinson County for $825,000 and a loan for approximately $3.4 million to build the proposed landfill. The loan would extend over 20 years at five percent interest. The County's yearly debt payment for the loan is approximately $272,000, including principal and interest. Without the low-interest loan and grant, says Ruiz, the landfill would not be possible. An important factor in being able to take advantage of FmHA assistance is that plans need to be solidly in place. Without the community's up-front support for the landfill, investing the time and money required for the application process is risky. In Atkinson County's case, the voluntary participation of the entire community and the openness and flexibility of the planning process facilitated the County's ability to work with FmHA. In fact, FmHA's guarantee 38 ------- Rural Communities and Subtitle D: Atkinson County of the loan and grant was in place well before the Georgia EPD completed its review and finalized the landfill permit. Bids went out for trucks and equipment in May 1994. The County plans to begin construction in October and begin accepting waste in early 1995. The tipping fee at the landfill is being set at $28.90 per ton for FY 1994- 95. Contracts have been established with the cities of Willacoochee and Pearson to use the county landfill. Local industry representatives have participated on the Solid Waste Authority, and most local industries are expected to use the landfill. In fact, the need to keep existing industries was a major consideration in deciding to have a county landfill. In light of unpredictable increases in disposal costs at a private facility and the added costs of transportation to a distant landfill, many people worried that the lack of a locally available landfill would be an inducement for industries to leave the county. The predictability and control allowed by a county landfill were important to local industry representatives. As of August, 1994, all county residents are being charged $10.75 per month for household collection services in a first-time bill, effective June 1. House to house pick-up will begin soon. Currently, the billing process is experiencing problems outside the city limits due to errors in the taxing digest that are being worked out. Ruiz does not anticipate billing problems in the cities. It remains to be seen how receptive county residents, many of whom are low-income, will be toward paying this fee. Approximately 80 to 100 residents attended a public meeting that the Authority held in July to discuss the billing. One of the biggest challenges for the Authority is educating the public to help residents understand the reasons for proper disposal, billing, and methods for recycling. The traditional view that each household should be able to handle its own garbage as it sees fit is still alive and well in Atkinson County. The Authority has hired Mae Morris, a resident of nearby Douglas, to implement an educational program over the next three months. Morris, who has been an active participant in the Citizens Committee, plans to go door to door to talk with as many people as possible about sorting, recycling, and disposal. Ruiz estimates that the landfill will generate $2.8 million in revenue the first seven years. The Authority expects to receive an average of $525,000 39 ------- Rural Communities and Subtitle D: Atkinson County Long-term economic planning is the key to dealing with problems such as solid waste. All too often, the planning frame in local government covers only the current term of electoral office. per year in tipping fees. Costs will average $271,000 in principal and interest payments and $180,000 in operation and maintenance costs. The remaining $75,000 will be placed in a sinking fund, allocated for closure and post-closure, emergencies, and capital allocation for the future landfill. Having worked in local government himself, Ruiz is convinced that this type of long-term economic planning is the key to dealing with problems such as solid waste. All too often, the planning frame in local government covers only the current term of electoral office. Atkinson County is moving forward on an ambitious solid waste program. The new landfill director Hayward Cribb says they are confident of being able to pay for the landfill, even though it will be a big payment. Authority members are keeping open the option of bringing in a neighboring county. There are counties all around Atkinson that need landfills and are employing temporary measures to dispose of their trash. Cribb believes those counties will look to Atkinson County as a more permanent solution. If another county is brought in, the Authority will be selective about who it is. But first they want to try to make a go of it as a single-county Authority. "Right now," says Wayne Walker, Chair of the Authority, "we're a small, proud little bunch that's going to build our own little landfill." Lessons from Atkinson County Atkinson County is a model for other counties because of the full participation of citizens, the ability to secure financial assistance from FmHA, and the resolve to maintain autonomy and control in its solid waste management. • Effective solutions can be found by involving citizens in every phase of the decision-making process - problem definition, needs assessment, identifying and selecting alternatives, site selection, and implementation. Local authorities need to take a long-term approach to economic planning instead of a 5-10 year approach. The right combination of sound economic planning, availability of low-interest credit, and proactive citizen involvement can enable a small rural county to maintain autonomy and control over its waste stream. • The U.S. Farmers Home Administration is a source of financing for rural solid waste programs that should be explored. 40 ------- Rural Communities and Subtitle D: Atkinson County Taking advantage of the FmHA loan/grant program is most effective when solid waste plans are solidly in place, with citizen buy-in, early in the schedule. Having a locally available public landfill can provide a means of retaining local industry, particularly if the community is relatively isolated from disposal markets. A rural community can benefit considerably from an experienced engineering and economic consultant who will work closely with local citizens and be flexible in working toward solutions. Depending upon the situation of surrounding counties, a county can proceed with a single-county landfill permit while reserving a regional solution as an option to fall back on. • Even when a landfill site selection process is open and fair, residents near the site may not feel they have been treated fairly. Contacts for further information Juan G. Ruiz, President E & C Consulting Engineers, Inc. 2175 Highpoint Rd. Building B, Suite 203 Snellville, GA 30278 (404) 985-8205 Hayward C. Cribb Landfill Director P. O. Box 518 Pearson, GA 31642 (912) 422-7258 Barbara Nugent Atkinson County Solid Waste Authority Route 1, Box 11 Pearson, GA 31642 (912) 422-3780 after 6:00 pm 41 ------- Rural Communities and Subtitle D: Atkinson County Assistance from FmHA Loans and grants for solid waste projects are available to rural counties nation- wide through a program of the Rural Development Association, which is administered by the U.S. Farmers Home Administration (FmHA). Rural counties are eligible for loans to finance water, sewage, and solid waste disposal projects up to a maximum of 75 percent of project cost. Grants are used to subsidize loans when needed. Certain regulations determine how much FmHA can offer. To be eligible, a county's population cannot exceed 10,000 in any municipality. To secure a loan, counties must pledge solid waste disposal revenues; tipping fees usually are not enough, so a taxing authority is required. The FmHA is a "lender of first opportunity," because funds cannot be available from other sources. Counties seeking assistance must certify that credit is not available from other lenders at reasonable rates and at terms they can afford. Many rural counties qualify under these conditions. FmHA will carry loans for up to 40 years, whereas conventional lenders may loan for only 20 years, giving a significant advantage to FmHA. To qualify for intermediate or poverty level interest rates on loans, as well as for grant assistance, the median household income in the county cannot be above the non-metropolitan standard for the state in which it is located. Above that level, a county can qualify only for FmHA's market rate, which is reviewed on a quarterly basis, and it is not eligible for a grant. To qualify for poverty level rates, median household income must fall below a certain level and there must be some health-related hazard involved. A mandate to close a non-compliant landfill by a certain time might qualify as a health-related hazard. Before requesting assistance under the FmHA loan/grant program, a county needs to have planning finalized, including community buy-in. Unless an acceptable plan is clearly in place, the county risks losing valuable time, effort, and money if the plan goes awry. The FmHA requires a preliminary engineering report as part of its pre-application package. If the project passes the first eligibility test, it is subjected to an environmental review process (a Class 2 Environmental Assessment), which includes approximately 90 days of public notification and public comment periods. The length of the entire application and approval process may take six months to a year. An engineer must be involved up front and typically steers the county through the process. An attorney may be involved as well, especially if the landfill is a regional endeavor, which will require formation of a legal entity to borrow funds. Source: Jerry Thomas, Chief, Community and Business Programs, District Office, Farmers Home Administration, Athens, Georgia. 42 ------- Rural Communities and Subtitle D: Coffee County COFFEE COUNTY, ALABAMA New Brockton, Alabama Overview of the Case Mark Pool, County Engineer for Coffee County, Alabama, believes that counties have three alternatives when it comes to managing solid waste; panic, put-off and delay, and planned management. As a strong advocate of the third alternative, he has been the motivating and organizing force behind Coffee County's effort to permit, site, build, and manage a Subtitle D landfill. The facility opened on October 4,1993 at a cost of approximately $1.8M. Currently it is receiving some 500 tons/day of material from Coffee County and a surrounding 10 county area that has agreed to use the Coffee County landfill. A strong desire on the part of Coffee County's public officials and citizens to control their solid waste destiny along with a good dose of entrepreneurial spirit provided the incentive Coffee County needed to get into the landfill business. The challenge now is to manage their facility so that it will adequately protect the environment, be cost efficient, and generate revenue for the county. Using the latest technology, providing stringent controls and oversight, maintaining regular cost and use records, and tying staff salaries to performance based measures all help to ensure that the facility maximizes available storage space in the most cost efficient manner possible. Geographic and demographic information Coffee County, which is 679 square miles, is located in lower southeast Alabama, 15 miles north of Florida and 40 miles west of Georgia. The land is rolling hills, forests, and many small farms, mostly peanuts. The "It is relatively simple to build a landfill. The real challenge is to manage it properly." Mark Pool, Coffee County Engineer 43 ------- Rural Communities and Subtitle D: Coffee County The increased fee would generate these additional funds, and give the commissioners the freedom and flexibility they needed to make their solid waste disposal decisions in the best interests of the county. County is home to 40,240 residents giving a population density of 59 people/ sq. mile. Enterprise is the largest community, 20,300 people. Farming, some light manufacturing, and the United States Army base at Fort Rucker are the prime economic forces in the County. A landfill for Coffee County Coffee County has a history of progressive thinking and of providing quality public services to its citizens. Their response to the requirements imposed by the Subtitle D legislation would be consistent with this same tradition. In considering their response, the County Commissioners wanted to keep the County's solid waste costs low, maintain control of these costs, and maintain control of any materials that would be dumped in the county. In 1989, Coffee County recognized that it would have to do something about garbage disposal in their county. EPA was developing new Subtitle D regulations and there were strong indications that there would be significant changes in how waste materials could be landfilled in the future. The County Commissioners were quite certain that their current landfill, which received waste materials only from Coffee County, would be inadequate for the future. They knew also that it would take time and money to formulate and implement a new solid waste disposal program for their County. These insights prompted the County Commissioners to make two decisions. One, Coffee County began the process of obtaining a landfill permit. The County was not certain it actually wanted to build a new landfill, but it wanted the option to do so if that proved to be the best alternative. On the other hand, if the County decided that it would not be in their best interests to build a landfill, it would still have the permit. The County then could use the permit as a bargaining tool to negotiate favorable waste disposal terms for itself. Two, the County raised the tipping fee at its landfill. The Commissioners knew they would need additional funds to implement whatever solid waste disposal decision they wanted to make. The increased fee would generate these additional funds, and give the Commissioners the freedom and flexibility they needed to make their solid waste disposal decisions in the best interests of the County. To assist with the permitting process, the County hired the consulting engineering firm of Carter, Darnell and Grubbs Engineers, Inc. The County put considerable 44 . ------- Rural Communities and Subtitle D: Coffee County effort into the selection process. It conducted an extensive search and interviewed a number of firms before deciding on Carter, Darnell and Grubbs. The County charged the engineering firm to find the best site possible for a landfill in Coffee County. And in selecting a site, they were to consider primarily environmental factors. In other words, the County wanted a site that environmentally made sense. It did not want to have to engineer the site to meet environmental standards. Additional criteria were that the site be at least 200 acres, 500 acres was the goal, and that it have an abundance of clay and sand on the site. Some 19 locations across the County were considered. A 450 acre site with an abundance of sand and clay was finally identified and an option to buy was completed. The availability of sand and clay was critical. Since these materials would not have to be bought elsewhere and transported to the site, construction costs would be significantly reduced. The engineering and geological work along with the permitting process then began in earnest. The selected site met all necessary requirements and the permitting process was completed in February, 1993, approximately three years after it began. At that time, Coffee County made the decision to build and manage its own landfill. The County believed it could manage the costs. And most importantly, the County wanted to control the flow of waste materials into the County, and it wanted to control disposal costs. Coffee County had the option of contracting with a private waste management firm. This option, however, did not provide the County with the degree of control that the Commissioners and Pool believed was necessary to effectively manage solid waste within Coffee County. Hence, their decision to build a landfill for Coffee County. Environmental and economic factors favored building a landfill at the selected site. Nonetheless, because of an abundance of misinformation, a segment of the population was opposed to Coffee County getting into the landfill business. To counter the misinformation and to build public support for their program, county officials conducted an extensive public education campaign. Their efforts were helped by the local press who became involved with the issue and were very supportive of the County's decisions. After about six months of the campaign, the local paper conducted a poll to learn what the community thought about the landfill issue. The option receiving the largest support, over 90%, was to construct a regional landfill that would make money. The involvement of the media and the public education campaign worked to generate the public's support for the County's - 45 - ------- Rural Communities and Subtitle D: Coffee County solid waste management plan. Coffee County's elected and appointed officials continue to want the local people to know and understand what the County is doing at the landfill. As a result, there is an open door visitation policy. Coffee County residents are welcome to visit the landfill to satisfy their curiosity and to have questions answered. Because there was a local election part-way through the permitting process, four new Commissioners had to be educated about the solid waste issues facing the County, and the alternatives that were being considered. By the time critical decisions had to be made, however, both new and incumbent Commissioners were in support of the project. As part of its permitting application, Coffee County identified a 10 county area from which it would be willing to accept waste materials. During the permitting process, tentative agreements to use the Coffee County landfill, if it was built, were completed with several of the counties and municipalities within this area. These tentative agreements assured the County that it would have a large enough waste steam to pay for the construction and operation of a new landfill that the Commissioners were comfortable in going ahead with the project. Construction began on June 15,1993. The goal was to have the first cell ready to receive garbage by October 9,1993, the deadline for all landfills receiving garbage to be in compliance with the Subtitle D regulations. To keep costs to a minimum, County Engineer Pool used county workers and equipment for most of the construction. Other work, including laying the liner, was contracted out. The construction crews worked six days a week, 12 hours a days to complete the construction on time. When the liner was laid, crews worked 24 hours a day for five consecutive days. A private waste management company was constructing a landfill nearby at the same time Coffee County was building theirs. Coffee County believed it was in direct competition with the private landfill and was afraid it might be sued if it made any mistakes. As a result, all work at the Coffee County landfill was completed with zero tolerance for error. Every effort was made to anticipate and resolve objections, questions or concerns that could be raised by regulatory agencies or citizens. The Coffee County landfill was completed and ready to receive materials on October 4, 1993. 46 ------- Rural Communities and Subtitle D: Coffee County The total cost of construction was $1.4 million, with an additional $400,000 paid for the land and the permitting process. Pool estimates that construction costs on the second cell will be only $750,000 because he intends to use all county labor and equipment, except for the laying of the liner. The land, the engineering study, and the permit costs were paid for from the increased tipping fee imposed in 1989. Municipal bonds paid for the construction of the landfill. As of August 1994, the current tipping fee is $17/ton for those cities and counties who initially signed on with Coffee County. It is $22/ton for those who signed on later. Coffee County did not meet its initial revenue projections. When EPA extended the deadline for Subtitle D compliance until April 9, 1994, many of the surrounding counties continued to use their old landfills, and Coffee County was not able to meet its waste flow projections. As a result, the County lost revenue. Daily tonnage did increase, however, as the April date came closer. Through the last three months of 1993, average tons per day received at the landfill were 220. Currently the landfill is receiving approximately 500 tons of waste materials per day. Coffee County was hurt by the deadline extension. County officials feel very strongly that deadlines should be adhered to. They made their decisions and got ready on time. Other counties should be held to the same standards. Managing the landfill Any benefits to be gained from a Subtitle D landfill can only be realized through proper management. Building the landfill is in many ways the easier task. Managing a modern, high tech landfill to maximize its storage capacity as profitably as possible is the key to making the landfill successful. Pool is taking several steps to maximize storage space. By using a heavier compactor and compacting in shallower layers, he is increasing his compaction rates from 800 Ibs/cy to over a 1100 Ibs/cy. He also is requesting approval to use an alternative cover for his daily cover to minimize the amount of space taken up by dirt. He estimates that each step should add another 10 years to the life of the landfill. Also, he is trying to obtain approval to increase the side slope on the landfill from 4:1 to 3:1 ratio. This results in a 69% increase in the volume that a cell can hold. Finally, by connecting adjoining cells as they are completed, additional space will be created County officials feel very strongly that deadlines should be adhered to. They made their decisions and got ready on time. Other counties should be held to the same standards. 47 ------- Rural Communities and Subtitle D: Coffee County Having accurate information about materials entering the landfill and how quickly volume is being used up are important items to know for making management decisions. that can also receive garbage. All of these measures together can extend the life of the landfill to 84 years. His ultimate goal is to extend the life of the landfill to 100 years. Having accurate information about materials entering the landfill and how quickly volume is being used up are important items to know for making management decisions. First, Coffee County is very selective in what it will accept at the landfill. It will not take just anything. Only standard municipal solid waste materials are accepted. The County is not willing to accept materials that might be contaminated. If any material is questionable, the matter is referred to the County Landfill Committee for a final decision. The Landfill Committee is an oversight/advisory committee composed of four of Coffee County's seven Commissioners. Trucks bringing in materials are weighed in and weighed out. A computer program identifies the general type of waste, where it came from, the company hauling, how much was brought in, and the billing charge. Data are aggregated for billing purposes and to monitor activity at the landfill. Collection throughout the region is maintained by a variety of public and private arrangements. Contracts with haulers specify that they must dump in the Coffee County landfill. Each month Pool uses a computer survey tool to obtain the current dimensions of the cell. He uses this information, along with the amount of tonnage that has been deposited during the month, to calculate the compaction rate, the volume of the cell used and the volume remaining. The computer then draws a three-dimensional graphic of the used space and the remaining space in the cell. Solid waste management is more than just building and managing a landfill. One important aspect is to control unmanaged waste. Alabama has a mandatory collection law that can be implemented at an individual county's discretion. Coffee County adopted the law, but it had no good way to enforce it. The County Commissioners then took some of the landfill revenues and gave it to the County Health Department to hire an enforcement officer to enforce the County's mandatory collection requirement. The program now is being very effective at reducing unmanaged waste. Recycling and waste reduction is another important aspect of solid waste management. Coffee County currently does not have a well organized recycling effort. It does take white goods, and it has developed a program to take herbicide containers. Other efforts, however, are pretty much on 48 ------- Rural Communities and Subtitle D: Coffee County an ad hoc basis. Right now county officials believe that the economics are not favorable for recycling. The avoided disposal costs are too low and the cost and effort to implement a full recycling program are too great. Another aspect of good management is to use available assets to maximize profits. Coffee County is applying this principle to the landfill site. Much of the 450 acre site will not be used for a number of years. Consequently, the County is using this land to grow pine trees that will be ready for harvest when the land is needed as a landfill. The pine trees control erosion and add to the aesthetic quality of the landfill now. In the future, when the pines are harvested, they will generate additional revenue for the County. The Coffee County landfill is a de facto regional facility without the encumbering agreements that many rural counties are reluctant to embrace. Area counties use the facility because the price and service are better than the alternatives. If a better opportunity presents itself, Coffee County is well aware that the regional association will quickly break down. Thus, it needs to remain competitive, in terms of cost and service, if the landfill is to survive. The County recognizes this and is committed to maintaining the viability of the landfill and in providing a needed service to neighboring counties. Cost and competition shape behavior in the public sector as much as they do in the private sector. Coffee County has positioned itself to compete in the waste disposal business, and so far they are being very successful at it. At the same time, the County is not seeking to expand their service area. They are content with the current number of counties using the facility, and they have no plans to expand that number. Cost and competition shape behavior in the public sector as much as they do in the private sector. Lessons from the Coffee County landfill The planning, construction, and management of the Coffee County landfill provide several insights that other counties can use when planning their own solid waste programs. Public entities can build and manage a Subtitle D landfill that is the equal of any private facility and maintain control over costs and waste flows. Multi-county cooperation can enable public entities to gain leverage over private landfill companies and exercise control over waste flows in the region. A landfill should be built where it is environmentally right as opposed to engineering the environment for the landfill. 49 ------- Rural Communities and Subtitle D: Coffee County A landfill can generate revenue for the county if decisions are based on profit criteria and if the landfill assets are used in creative ways. Costs can be kept to a minimum by using as many locally available resources as possible. • It is important to hire a consulting firm that, in addition to having experience designing and constructing landfills, understands the needs of the county and can work with county officials to meet those needs. • Using the best technology that can be cost justified will help to maximize landfill storage space, to minimize costs, and to maintain accurate records. Public entities should take advantage of opportunities they have to reduce costs. For example, they do not have to pay sales tax, and they are able to purchase equipment and supplies at larger discounts. Implementation of successful solid waste programs requires strong leadership from both appointed and elected officials who are willing to step out, to take risks, and to make decisions and take responsibility for those decisions. Contacts for further information Mark Pool, Coffee County Engineer Coffee County Office Complex Highway 84-E New Brockton, Alabama 36351 205/894-6112 Mark Pugh, Project Engineer Carter, Darnell and Grubbs Engineers, Inc. Post Office Box 278 Andalusia, Alabama 36420 205/222-9431 50 ------- Rural Communities and Subtitle D: Floyd County FLOYD COUNTY, VIRGINIA Floyd, Virginia Overview of the Case The main challenge for Floyd County has been determining what is the best thing tor a community of its smalt size to do with its garbage. Conflicting views emerged over three alternatives considered for dealing with the County's waste stream of 25 tons per day: (1) Build a single-county landfill, (2) Transfer the waste out of county to a private facility, or (3) Join a regional public authority. The County went through the decision-maKing process twice, with different conclusions each time. The change of decision was a result of new constraints imposed by the final Subtitle D requirements for a composite liner and a closer examination of costs for each option. Leachate treatment and handling turned out to be less feasible than initially thought. Floyd County decided to build a transfer station and is sending its trash to a private landfill out of state. In the meantime, the County is moving ahead to complete its permit for the remaining five acres of its existing landfill, which provides the option of an additional seven to eight years of landfill life. The transfer station is working well, even better than some anticipated. Local citizens who were active in the issue favored the option of having a small county landfill. They believed this would increase local control of the waste stream and avoid contributing to another community's problem. However, the County Administrator and members of the Board of Supervisors believed that the costs of the landfill option would be dramatically more "The whole situation of Subtitle D has been very unfair. I've been in local government for 20 years, and I've never seen anything like this." Randy Arno, Floyd County Administrator 51 ------- Rural Communities and Subtitle D: Floyd County expensive than the transfer option. This and the uncertainty of unknown future landfill costs prompted the County Administrator and the Board of Supervisors to endorse the transfer option. An important consideration was raising revenues, since farmers and small landowners bear the brunt of taxation. There was an intense public debate surrounding the accuracy, reliability, and assumptions of the consultant's cost projections and how these should be interpreted. There was no prior experience with which to evaluate the information that was guiding the decision between different alternatives. Even procuring technical and legal information was a challenge. Changing solid waste regulations and Virginia's legal requirements for procurement of professional services intensified the expense and complexity of the problem. Geographic and demographic information Floyd County lies in the southwestern portion of Virginia. The town of Floyd, the county seat, is situated about 40 miles southwest of Roanoke on U.S. 221 and about 80 miles north of Winston-Salem, North Carolina. It is about 20 miles from Interstate 81. Floyd County had a population in 1990 of 12,005 covering an area of 383 square miles. The town of Floyd is the only significant population center with a 1990 population of 400. Many parts of the County are remote. There are over 600 miles of roads, many of which are dirt and gravel. Nestled in the Blue Ridge Mountains and containing 17 miles of the Blue Ridge Parkway, Floyd County is rich in natural scenic beauty. It has become a choice location for newcomer residents seeking a quiet rural life. They boast the absence of smokestacks, railroads, and toxic-producing industries. These "transplanted" residents comprise about 10 to 12 percent of the county population. At the same time, Floyd County is home to many people whose families have lived in the area for generations. Some residents perceive a certain amount of incongruence in the environmental and economic values held by native residents and newcomers. Newcomers are more likely than natives to participate in activism aimed at preserving the present quality of the environment. Royd County has relatively low household income and high unemployment. As described by one resident, Floyd is a "nice place to live but a hard 52 ------- Rural Communities and Subtitle D: Floyd County place to make a living." Cut-and-sew apparel factories provide the main employment base in the County. Another important economic force is agriculture and forestry. Floyd County is one of the largest suppliers of white pine Christmas trees in the United States. Weighing the options Regulations required that Floyd County stop using its existing landfill by October 8, 1993. Floyd County generates only 20 to 25 tons of garbage per day. Randy Arno, Floyd County Administrator, describes the process of finding a solution to the County's solid waste problem as a "three and a half year nightmare." The County evaluated three options: (1) Building a landfill for Floyd County and implementing an aggressive recycling program; (2) Joining a regional public authority; (3) Transferring the waste to a private facility outside the County. The question of accepting another county's waste in Floyd County first became an issue in the spring of 1988 when the New River Resource Authority (NRRA, also featured in this document) requested Floyd County to consider accepting the region's waste on an interim basis while permitting and construction were completed on its long-term site. The previous County Administrator had supported the idea. The Board of Supervisors decided not to join NRRA and not to accept NRRA waste on an interim basis. This decision did not require a vote since it did not involve a change in policy. Besides concerns about out-of-county garbage, the Board of Supervisors expressed concern over using the landfill's remaining capacity. The money they were being paid by NRRA to serve as the interim site did not seem to justify filling up the landfill. Two years later, NRRA renewed its request for Floyd County to take waste on an interim basis. A local grassroots group called Floyd Environmental Action Team (FEAT) with assistance from the Citizens Clearinghouse for Hazardous Waste organized public opposition to the proposal. However, NRRA withdrew the request after successfully suing the state to develop its interim site. Public resistance to joining the NRRA developed because of concerns that Floyd County would be asked to take its turn in hosting the regional - 53 - ------- Rural Communities and Subtitle D: Floyd County Citizens did not want to add to the waste problems of another community. site sometime in the future. Since other counties have hospitals and industries that Floyd County does not have, FEAT members feared that waste from those sources would be more toxic than waste produced in Floyd County. From the viewpoint of county officials, the total cost of joining the NRRA seemed too high. Because of NRRA's low membership and its difficulty in attracting new members, tipping fees would have been $50 a ton plus trucking charges. Floyd's small waste stream would not significantly bring down the costs. A particular drawback of joining the NRRA was that it involved a "put or pay" arrangement that did not allow the county a short- term stipulation. Once in, it would be hard to get out, and the County wanted to keep its options open. Randy Arno says that, under more acceptable conditions, his personal preference would have been a regional public alternative because of the ability to control revenues and waste streams. "I'm in favor of public regional authorities for daily public services, but until they reach a point where it is economically feasible, it's not in our interest to participate," he says. Shipping the County's waste to a private landfill was equally objectionable from FEATs point of view. Citizens did not want to add to the waste problems of another community. In addition, when Amo and members of the Board of Supervisors were discussing transfer options with large private companies such as Chambers, BFI, and Waste Management, FEAT presented board members with a report detailing their concerns about the management and past record of these companies. These included environmental violations, financial problems, and questionable tactics of dealing with community groups. National publicity surrounding a Virginia company called Chemstan intensified local concerns about the private waste industry. That company illegally operated a landfill until it was finally shut down by the State, then it declared bankruptcy and fled, leaving the State with the clean-up bill. FEAT was active in focusing public attention on the County's solid waste ordinance during its revision in 1992. Floyd County now has the strictest waste management ordinance in Virginia, which is a flat prohibition against private waste processing companies in the county. The County Engineering consultant identified other uncertainties with the transfer option-future rises in fuel cost, the risk of automatic escalators in the contract, continued liability, and potential restrictions on interstate waste transport. 54 ------- Rural Communities and Subtitle D: Floyd County There was a considerable amount of public sentiment favoring the alternative of having a landfill for Floyd County. FEAT members saw this alternative as a way of maintaining independence and control over the County's waste stream. By having its own landfill and relying on local resources as much as possible, they believed the County could control its costs. They also proposed innovative leachate treatment systems, which the engineering consultant considered and discussed with the Board. A controversial decision process The County hired an engineering consulting firm from a neighboring county to generate projections and estimates that would aid the County in weighing its alternatives. In 1991, the County Board of Supervisors voted in favor of having a Subtitle D landfill for Floyd County. This option would involve, first, permitting the remaining five acres of the landfill. Second, it would mean increasing the existing landfill's useful life by instigating a comprehensive recycling and reduction program and by increasing the slopes of the landfill. In addition, the County began condemnation proceedings to acquire part of an adjoining 400-acre tract of land to build a new landfill that would serve the County for another 50 to 75 years. The County had negotiated with the property owner for two years, but they were unable to reach a settlement. The County later dropped the condemnation process, but it is still involved in legal discussions with the property owner and his lawyers. In mid-year 1992, with a newly elected Board of Supervisors, a decision was made to revisit the landfill decision. The final draft of the Subtitle D requirements required a composite liner (i.e. synthetic over clay) rather than the synthetic liner anticipated in Virginia's solid waste regulations. Among other problems, clay would have to be either hauled in or manufactured on site, very expensive either way. A 30-year monitoring period would be required for a landfill extension. Decision-making this time around was more focused on how to pay for each alternative in light of the regulations. The consultant's figures showed that the transfer alternative would be much less expensive than building a landfill. And the leachate treatment was found to be much more expensive than earlier anticipated. Previous assumptions that the local sewage treatment plant could handle the leachate were wrong. The firm estimated the known operating costs of the landfill at approximately $900,000 per year, compared to $300,000 per year for the transfer option. - 55 - ------- Rural Communities and Subtitle D: Floyd County FEAT produced their own report of cost comparisons, factoring in the use of local resources and cost-avoidance through a comprehensive recycling and reduction program. The difference in cost could not be ignored in view of the impact it would have on the tax base. County Supervisor Howard Dickerson explained that one of the biggest challenges the County has faced has been raising the revenue to support the solid waste program. In a rural county such as Floyd, which has a very small retail base, farmers and other small landowners bear the brunt of property tax increases. Farmers have resorted to selling and subdividing their land. The subdivisions do not pay for themselves, causing a larger impact on remaining farmers. Educating residents about tax hikes is difficult since few people come to meetings, and the small- town local newspaper does not adequately cover local government issues. A number of local citizens believed, however, that the consultant's projections were skewed. They questioned whether or not the firm's estimates fairly represented the cost comparisons. They said the firm had not adequately factored in recycling, which could cut the waste stream dramatically and extend the landfill's life. The consultant said that the recycling issue was addressed, but that the higher cost per ton caused by having less trash and the expense of implementing a recycling program worked against recycling. Some cost estimates appeared to be out of line with reality, such as $60,000 for a 200-foot roadway inside the landfill. FEAT members challenged the accuracy of the study and produced their own report of cost comparisons, factoring in the use of local resources and cost-avoidance through a comprehensive recycling and reduction program. In February 1993, the five members of the Board of Supervisors voted three to two to transfer the waste out of county on a short-term basis. "Short-term" was not defined. In the view of county officials, the reason the second vote differed from the first was that the Supervisors took a closer look at the evidence the second time around and considered the unknown as well as the known costs. In the view of FEAT members, the Supervisors were persuaded to take the easy, short-term route rather than take the risks necessary to invest in the long-term. Arno favored the transfer option because of the higher costs of building and operating a landfill. Being a small waste generator makes it cost- ineffective for the County to take care of its own waste, he believes. The only reasonable option appeared to be transferring the waste out on a short-term basis. He said in a recent interview with Virginia Business, "A short-term contract with a private hauler gives us flexibility to opt for a regional public program when the economies of scale warrant it."Arno says 56 ------- Rural Communities and Subtitle D: Floyd County that it was the unknown costs that bothered him most, such as the leachate treatment and handling. Dickerson now agrees. As Arno puts it, "If the known costs had been all of the costs, and if constituents had been willing to pay, staying at home would have seemed more reasonable." Buying time with the transfer option County Supervisor Dickerson voted against transferring the County's waste to a private facility. In hindsight, he believes that he would vote differently. He had no idea the transfer station would work out as well as it has. Management of the transfer station is much less intensive than the landfill would have been. Operations are simpler, less expensive, and much safer for workers. In contrast to a landfill, a transfer station requires very little in the way of closure. Dickerson also recognizes that operating the landfill would have taken so much county time, there would not be enough time to meet the County's other obligations, which have grown tremendously. Royd County is transferring its waste to a landfill operated by Waste Management, Inc. in Kernersville, North Carolina. The present contract is effective for two years and is renewable in increments of two to ten years at what Arno considers to be a favorable rate. Now that they have scales to determine tonnage, they know that the County generates only 22 tons of waste per day instead of the 35 tons per day initially projected by the engineering consultant. Thus, transferring is less expensive than first thought. They built and equipped a transfer station at a construction cost of approximately $350,000, which was less than what the engineering firm had projected. They bought two new pieces of equipment, one for pushing material into the truck and one for retrieving material. They used a lease/purchase option to try out the equipment, then bought it as used. The contractor ran into some minor problems in constructing the transfer station and had to build a temporary concrete pad to handle the waste in the interim. The temporary pad will be used in the recycling center. All county residents must take their trash to green boxes, which have increased in number from 48 to 172. They pay $6.00 per month for access to the collection centers. Recycling drop-off is available at four of the sites. Amo admits that the transfer option does not offer a good long-term solution. He is troubled about crossing the state line given the uncertainties of future legislation that may affect interstate waste trade. Prices are almost sure - 57 - ------- Rural Communities and Subtitle D: Floyd County There is a lack of definitive, experience based information on costs that rural counties can use as a basis for weighing their alternatives for solid waste management. to increase as supply and demand stabilize. He sees the transfer option as a way to buy two years of time to consider other options. Through the transfer station, the County can consolidate its waste stream and increase the efficiency of its transportation system. To ensure that an option is available later on, Floyd County is going ahead with completing the permitting for its five-acre landfill cell at the existing site. The permitting was 90 percent complete when the decision was made to transfer the waste. If the five-acre cell is developed, it will serve the County at least seven to eight years. The transfer station purposely was built close enough to the recycling center to be integrated with recycling. Even if not used for disposal, it could be used to load large volumes of recyclables into trucks. The station was made to be expanded if needed. The controversy has quieted. FEAT members hope to develop a new approach that emphasizes local control in solid waste options. They believe an opportunity still exists to have a county landfill when the two-year contract with Waste Management runs out. Royd County, they believe, has the resources needed to implement creative waste management alternatives. Dealing with regulators, lawyers, and engineers Some county officials feel considerable frustration toward the amount of time and money absorbed by the solid waste problem, the inflexibility on the part of the State, and the role of engineers and lawyers in the process. The requirements in Virginia have changed several times, and counties have been expected to comply regardless. Officials say that the State has offered no guidance or leadership to help local areas work through their solid waste problems. Both Arno and Dickerson believe that the County has had to divert a disproportionate amount of governance effort to trash. Dickerson says Floyd County has lost a lot of money and time doing tests and trying to meet regulations without good guidance or information. Because of Subtitle D, he says, "Local governments have been thrown to the sharks, and the sharks are engineers and lawyers." Floyd County has been confronted with a problem facing local governments generally with regard to Subtitle D compliance. That is, there is a lack of definitive, experience based information on costs that rural counties can use to weigh their alternatives for solid waste management. Local governments - 58 ------- Rural Communities and Subtitle D: Floyd County must rely upon expert information and advice available from engineering consulting firms and state regulatory personnel. And cost estimates must be based on conceptual ideas, because final designs are not yet available. There were times that the consultants did not know what the State Division of Waste Management was expecting, who in turn did not know what EPA was expecting. People in the County were the last to get information, which became dated quickly. The data generated by FEAT to counter the consultant's estimates appeared to be plausible, and there was no basis for evaluating what was the right choice. Floyd County repeatedly had to make quick, expensive decisions, with little information to know whether or not it is the right decision. Virginia's procurement laws cause local governments additional frustration and expense. When a public entity needs a professional consultant's service, such as engineering or technical assistance, they put out a request for proposal. They must select a firm to negotiate with on the basis of their qualifications without asking for price quotes. Then negotiations must be conducted with one firm at a time. A firm can sue if the buyer decides to contract with a previous firm. This law places limits on free market. The County's engineering consultant did try to work with the County to provide price quotes and to allow the County to terminate their contract at any time after initial services were completed. Recycling challenges in a rural county Even though Floyd County residents pay a flat charge for disposal regardless of volume, the transfer option has forced many people to realize the economies of reducing the volume of trash, since the County must pay for what is hauled away. If the County had a landfill of its own, Arno believes that recycling would adversely affect disposal by increasing the cost of each ton not put into the landfill. In addition, he says, there would not have been a lot of money left to go into recycling with the landfill option. On the other hand, recycling in Floyd County in the past has not really been a function of money. Rather, Arno explains, it has been a function of leadership and having a plan. Joe Klein, Floyd County's recycling coordinator, is an example of the leadership needed to develop an effective program. He is building upon the early efforts of a few individuals before him who started the recycling program with little more than creative ideas and energy. 59 ------- Rural Communities and Subtitle D: Floyd County Floyd has a progressive recycling program for such a small rural county. The recycling program consists of a recycling center, located at the transfer station, and four other unstaffed drop-off points around the County for residential use. Klein handles much of the transportation himself. The recycling program is paid for as part of the $6.00 accessibility fee for residents. About 50 percent of solid waste produced in Floyd County is from commercial and industrial sources. Because most of the industrial component is cardboard and textile scrap, it is highly recoverable through recycling and reuse. Several of Floyd's largest industries are actively pursuing source reduction, reuse and recycling. Although participation is good, Klein believes that the sheer convenience of green boxes keeps many people from recycling. The biggest challenge for the recycling program, he says, is how to make recyclable drop-off more convenient for people. But it is difficult to increase the recycling rate without greatly increasing the amount of money spent on equipment. Klein believes that there \$ not yet a full commitment in Floyd County to the reality of recycling, and there is an unmet need for new county positions toward the effort. Klein and Dickerson are looking at recycling programs in other areas to evaluate whether they might work in Floyd County. They also are evaluating composting operations, which are effective for smaller operations. Lessons from the Floyd County experience The transfer station option adopted by Floyd County can be a viable option for many rural communities. At the same time, Floyd County is continuing to pursue other options. The decision making process the County went through and the participation of a local citizens group in this process can provide useful lessons for other rural communities. Rural counties have little basis for judging whether or not the information they receive from technical consultants and regulatory personnel is accurate and realistic for their situations. Transferring waste out on a two-year renewable contract can offer a county the opportunity to buy time to consider other options. Operating a transfer station may be simpler, less expensive, and safer for workers than a landfill. Because transferring waste out is not likely to offer a good long- term option, counties should take advantage of ways to keep other options open in the interim. 60 ------- Rural Communities and Subtitle D: Floyd County A transfer station for a small rural county can be built and equipped at relatively low cost, and it can be constructed to be adaptable for future needs. An active group of local citizens can help to get information out to the public and force careful scrutiny of all alternatives. Raising revenue in a rural county where there is a low retail and industrial base is difficult because small landowners and farmers must bear the brunt of taxes, and it is difficult to communicate the reasons to the general public. The development of a good recycling program is not necessarily affected by the choice of a disposal option. Instead, it may be a function of leadership and having a plan. Contacts for further information Randy Arno Floyd County Administrator P. O. Box 218 Floyd, VA 24091 (703) 745-9300 Howard Dickerson Floyd County Board of Supervisors Rt. 2, Box 248 Willis, VA 24380 (703) 789-7231 Joe Klein Floyd County Recycling Coordinator Rt. 1, Box 816 Floyd, VA 24091 (703) 745-9371 Lynn Croy Project Manager Draper Aden Associates 2206 South Main Street Blacksburg, VA 24060 (703) 552-0444 61 ------- - 62 ------- Rural Communities and Subtitle D: Jefferson County JEFFERSON COUNTY, TENNESSEE Dandridge, Tennessee Overview of the Case When Jefferson County built its new landfill in 1992, it was among the first landfills in Tennessee to be built in accordance with Subtitle D and state solid waste regulations. "I'm glad it's behind us," says Jefferson County Executive Gary Holiway. The main challenge now is to maintain day-to- day operations at the landfill while keeping costs as low as possible. Subtitle D has brought about conflicting objectives in Jefferson County's waste management program. There is pressure to keep the volume of waste up to generate sufficient revenue to pay fixed capital costs at the landfill. This provides a disincentive to reduce the waste stream. At the same time, the County is working to develop a recycling program (the cities already have recycling programs), which will reduce the waste flow into the landfill. Among county officials, there is a strong desire to conserve landfill space and extend its useful life, but this must be balanced with the need to maintain adequate waste volumes at the landfill. The County has experienced short-term problems with volume because industries have turned elsewhere for less expensive disposal. Because the County has complied with Subtitle D, it is difficult to compete with the lower disposal costs at other non-compliant landfills. Tipping fees are presently set at $35 for household solid waste and $25 for demolition waste. These fees do not cover all costs but are set to be competitive. "Nobody objects to protecting the envi- ronment. But the lack of realism by the people writing and enforcing the laws is causing local governments unnecessary work and expense.* Gary Holiway, Jefferson County Executive 63 ------- Rural Communities and Subtitle D: Jefferson County Jefferson County has been able to save on some costs by doing construction with in-house crews and using existing equipment. However, it has had to deal with a number of unanticipated expenses, many of which are the result of permit revisions required by state or federal requirements. These include additional state requirements for groundwater monitoring and a redundant leachate treatment process. Due to changes in Subtitle D requirements, the landfill cell currently under construction must have a synthetic liner in addition to a clay liner. Other costs have been a factor also, including engineering, geological and legal fees paid by the County to defend itself in court, and the discovery of large boulders that must be removed from the landfill cell. One of the biggest challenges for Jefferson County was opposition over the location of the proposed landfill site. The County was sued by the City of Dandridge, the county seat, over potential contamination of the City's drinking water wells. The County won in court. Relations between the City and County jurisdictions have been repaired, and the controversy has subsided. Geographic and demographic information Jefferson County is located in East Tennessee in the Appalachian highlands. The topography of the County is influenced by the French Broad River and the Holston River. The Tennessee Valley Authority (TVA) has constructed impoundments on both rivers - Douglas Lake on the French Broad and Cherokee Lake on the Holston River. In addition to Jefferson County, the political jurisdictions include the Town of Jefferson City, the City of Dandridge, and the Town of White Pine. The County population in 1993 was 33,456. Population in the municipalities is expected to decline in the next two decades due to limited new construction and declining household size. In 1993, 83.2 percent of the County was considered rural. The County is large geographically, with 274 square miles and 800 road miles. Interstate 40 passes east to west through Jefferson County, which intersects with north-south Interstate 81 inside the county. Other major connecting highways in the county are U.S. Highways 11-E, 25, 70, 411, and 92. 64 ------- Rural Communities and Subtitle D: Jefferson County Major economic influences in the County are farming, manufacturing, wholesale and retail trade, food processing, education, and zinc mining. Major employers are Magnavox, which makes TV cabinets; Bush Brothers vegetable processing and canning; Carson Newman College; boat manufacturers; and DMS Refining, which extracts silver from film. In search of a disposal alternative In early 1988, Jefferson County officials determined that the county landfill, developed in the early 1970s by the TVA, would be completely exhausted by 1991. They immediately began the process of finding another alternative for their solid waste disposal. The alternatives they considered included: (1) A single-county landfill; (2) A regional landfill; (3) Incineration, and (4) Transferring the waste to a private landfill in another county. Jefferson County worked with neighboring Hamblen, Cocke, and Sevier counties for two years in an effort to develop a regional solution. Ultimately, none of the counties wanted to accept the other counties' garbage. Jefferson County also considered using an incinerator being planned by the City of Knoxville but decided it would be too expensive. (The Knoxville incinerator project eventually was killed by political opposition.) Transporting the garbage to Anderson County or some other county was considered too costly given the hauling distance and tipping fees, and politics might intervene. Therefore, the best solution would be a landfill for Jefferson County. The County's biggest challenge was locating a landfill site. In the fall of 1988, the County hired an outside consultant to identify potential landfill sites inside the County. Ten potential sites were listed as a result of the consultant's work. The County established a policy to consider only those sites where the owner indicated a willingness to sell. Most of the owners of the ten sites denied access. The preliminary selection of a site known as the Patterson Farm, located 2.75 miles north of Dandridge, generated much public opposition. The City of Dandridge strongly objected to the use of the Patterson site because of concerns about the potential contamination of wells used for the public water supply. - 65 - ------- Rural Communities and Subtitle D: Jefferson County The Highway Commission then advertised for other properties in the County. This yielded two potential sites, the Godfrey Property and the Chandler Property. A site adjacent to the existing landfill also was identified but later rejected by the Tennessee Department of Health and Environment as geologically unsuitable. The owner of the Chandler Property removed his property from consideration. The Godfrey Property and the Patterson Farm were the subjects of more detailed investigations. In a 1989 feasibility study, an engineering consulting firm recommended that the County proceed with the permitting process for the Patterson Farm. The firm concluded that the Godfrey site had a higher probability of groundwater contamination and would be less workable than the Patterson site. After the number of potential landfill sites was narrowed to three, the Highway Commission established a Citizens Advisory Committee to further public input into the process. The committee included representation from the City of Dandridge and the communities surrounding each of the three preliminary sites. When the Chandler site was removed from consideration, that representative did not become active on the committee. The first citizens committee meeting was held on February 23,1989. Committee members made site visits to both the Patterson and Godfrey sites. The Committee members perceived the site selection process as politically motivated and disbanded shortly after its formation. The City of Oandridge sued Jefferson County based on the potential for contamination of the city's drinking water wells. The case went through three courts. The County spent an estimated $150,000 on legal, engineering and geological services related to the court cases, and the City spent a considerable sum on legal fees. The County won all three cases, but was ordered to move a 10-acre portion away from the wells. The State also added a requirement for secondary leachate treatment as an added precaution against contamination. After the leachate is treated at the on-site leachate treatment plant, the water is pumped out and trucked to the County high school for treatment before it is released to a stream. The added cost for the leachate treatment was $180,000. Also, the State required the County to install 11 monitoring wells rather than the 5 initially planned, which doubled the cost of monitoring. The controversy has subsided, and relations between the County and the City of Dandridge are good. This is due, in large part, to the fact that - 66 ------- Rural Communities and Subtitle D: Jefferson County there is a new city administration. Only one member of the previous City Council is still in office. The mayor and five of the six aldermen took office in June 1992, after all decisions and rulings about the landfill had been made. The current City Council appears satisfied with the stricter regulations that govern the landfill and their ability to protect the City's water supply. A new Subtitle D landfill Jefferson County was issued a permit to build and operate a new 150- acre landfill on the Patterson site in 1991. To pay for the landfill development, the County sold bonds in the amount of $2 million, which must be paid back over a 20-year period. The facility includes a Class I landfill for municipal solid waste, which includes a modern liner and leachate collection system in accordance with Tennessee requirements and Subtitle D, and a Class IV demolition landfill that accepts only wood and construction waste. The facility does not presently include a Class II landfill for special (industrial) waste nor a Class III landfill for yard waste. The facility began operations in 1992, and it is projected to serve the county for 40 years. The landfill only accepts waste from Jefferson County, which amounts to about 80-100 tons per day. The permit does allow outside garbage. Hamblen County agreed to temporarily accept Jefferson County's waste for a year after the existing landfill was exhausted. In return, Jefferson County has committed to helping Hamblen County with their waste disposal when and if they need it. A long landfill life is important to the solid waste board, mainly to avoid the problems of siting a new landfill again in the near future. There is considerable sentiment against taking waste from outside the County. For example, Johnson City, located in northeastern Tennessee, offered Jefferson County $10,000 per month to take its waste for an eight month period. Although this revenue would have allowed the County to pay its debts and buy new equipment, Jefferson County officials decided not to take the offer in order to conserve landfill space and to avoid public opposition. Tipping fees are $35 per ton in the Class I landfill and $25 per ton in the Class IV demolition landfill. These tipping fees do not cover the complete - 67 - There is considerable sentiment against taking waste from outside the county. ------- Rural Communities and Subtitle D: Jefferson County bond indebtedness; instead, they are set to be competitive. If all costs were included, tipping fees would need to be closer to $60 per ton. Ensuring the costs of closure and post-closure is still something of an uncertainty. The revenue from the landfill tipping fees will be put into a reserve account, which the County hopes will generate sufficient funds for these costs. The Solid Waste Board is discussing a proposal to increase tipping fees from $35 to $38. Landfill Director Don Potts describes this as a real dilemma. The County Commission is leaning toward raising the fee to meet the budget, although some members of the Board worry that the increase will turn away customers and reduce volume, which could produce an even bigger financial loss. All of the landfill construction work was done by county crews. A private contractor constructed the building on the site, which is large enough to accommodate equipment for repairs and service. The County was able to use its existing equipment at the new landfill and bought three additional pieces of used equipment. If the Board decides to raise tipping fees, this will help buy some new equipment. Three additional personnel were hired for operations, for a total of eight employees. One of these is a full-time "spotter* who makes sure no illegal waste is put into the demolition landfill. The County advertised for bids from engineering and geological consultants for the various phases of the landfill development. One company conducted the preliminary geological screening of sites, another did seismological work and test borings, and another designed the facility and guided the county through the permitting process. Potts says they were pleased with the consultants they hired - they tried to find ways to save the County money. The County is responsible for paying the landfill tipping fees for the entire County, including the four cities. The cities have door-to-door trash collection, and they are responsible only for their transportation costs and for tipping fees for commercial waste that the city disposes at the landfill. Therefore, the municipalities have no incentive to shop for less expensive disposal. However, industries in the County have sought less expensive disposal alternatives. Because Jefferson County is far ahead of neighboring counties in building a Subtitle D landfill, its tipping fees are higher. Several nearby counties are still trying to fill up their existing landfills and are starting 68 - ------- Rural Communities and Subtitle D: Jefferson County from scratch in determining how to comply with Subtitle D. As more counties develop long-term solutions, variations in disposal costs are expected to decrease. In 1992 and 1993, several industries began transferring their waste to other, less expensive landfills. For example, Magnavox sent its waste to a private demolition landfill in Hamblen County for a period of time, amounting to $16,000 in lost tipping fees in a single month. The drop in volume hurt the County, and officials and board members worried that they might not generate the $135,000 needed to make the first bond payment. However, several industries have recently returned to the Jefferson County landfill, enabling the volume to pick up so that the county was able to make the payment. The Jefferson County 10-Year Plan, completed in July of 1994 as required by the State, specifies that any solid waste generated in the county must be disposed in the County, although the Board members recognize this may not be enforceable. There are eight convenience centers in the County. Based on the County's population, the State requires only one manned convenience center with a restroom, telephone, and running water. However, because the County is so spread out geographically, travel distance makes it impractical to have only one convenience center. The County upgraded and staffed all of its convenience centers in the early 1980s due to public pressure to eliminate the problems they created. Now, the eight convenience centers are kept fenced, graveled, locked, and clean, and there is a building for the attendant. The new laws are hampered by overkill, and regulators have not exercised common sense or realism in enforcing them. The challenge of the new regulations Aside from the challenge of finding an acceptable landfill site, the biggest challenge has been what local authorities see as unreasonable and unpredictable solid waste regulations. In Holiway's view, the new laws are hampered by overkill, and regulators have not exercised common sense or realism in enforcing them. The landfill was constructed in 1991 according to State regulations that were written in anticipation of Subtitle D, which required a clay-based liner but no synthetic liner. The Subtitle D regulations that became effective in 1994 contained requirements for clay-based and synthetic liners and a modern leachate collection system. The County then had to revise its permit accordingly. The currently active cell has a clay-based liner, although 69 ------- Rural Communities and Subtitle D: Jefferson County The need to keep waste volumes at a certain level to pay for fixed costs actually serves as a disincentive to reduce or recycle. the next cell under construction must have both a clay-based and synthetic liner. This revision created a need for additional stone, pipes, liner, and contract work. This totaled approximately $275,000 more than the original design. The County was able to avoid a disruption or delay in operations. There is no way of knowing, says Potts, whether future changes in regulations may require other costly revisions. Jefferson County had to close 20 acres, or about one half, of its old landfill under the new State regulations. The other half was grandfathered in under the old regulations. Closure costs for the 20 acres totaled $650,000. The County has been faced with a number of unexpected costs that force an increase in the fees that have to be charged to customers. For example, the requirement for 11 monitoring wells instead of five, increased sampling, and the additional leachate treatment requirement imposed by the State significantly increased the costs of operations. The tipping fee had to be raised accordingly. Other unexpected costs have emerged that are not necessarily related to regulations. For example, extensive geological studies did not reveal the presence of several huge boulders that were encountered during construction of the second landfill cell. The County had to hire a contractor with special equipment to break and remove the boulders, at a cost of $30,000. Impacts on recycling Both Holiway and Potts point out that the need to keep waste volumes at a certain level to pay for fixed costs actually serves as a disincentive to reduce or recycle. If the volume drops, the tipping fee would have to be raised, which might cause users to find other alternatives. However, there is considerable public demand in the County for recycling, and the County Commission is strongly supportive of a recycling program once markets are established. Recycling marketing opportunities are not particularly good in the area. The County will be experimenting with a recycling program at one convenience center in the near future. If it is successful it will be expanded to the other eight convenience centers. They have an agreement with someone in the County to take white goods and metals, including responsibility for removal of freon. Tires are shredded using the State's mobile tire shredder, and Potts is looking for a re-use for the shredded material. The County is 70 - ------- Rural Communities and Subtitle D: Jefferson County considering a composting program. It is waiting, however, to see how these operations work in other counties. Of particular interest, is a digester system that has been implemented in nearby Sevier County, Tennessee. Although Jefferson County has not yet implemented a comprehensive recycling program, the cities of Dandridge and Jefferson City have achieved good results in their curbside recycling programs. Dandridge is experiencing about 70 percent participation in its program. There is also a private recycling operation, Lakeway Recycling in Jefferson City, which takes recyclables directly from consumers. The County has met the State's 25 percent reduction goal by diverting its demolition waste to the Class IV landfill and by not accepting special waste or yard waste. In addition, increased disposal costs have caused businesses and industries to reduce their waste streams. For example, DMS used to deposit four tons of chopped X-ray film in the landfill each day, but now they have contracted with Tennessee Eastman to take back the film for re- use. Magnavox and Bush Brothers are still very significant users of the landfill. Lessons from the Jefferson County Landfill Jefferson County, Tennessee has successfully built a publicly owned and operated landfill that complies with Subtitle D requirements. Because the County has experience in many issues involved in siting, building, and operating a landfill, it can be a valuable resource for other rural counties. • A single rural county can manage its own waste collection and disposal effectively. • Changing regulations create a great deal of expense and work for counties that have developed a Subtitle D landfill in a timely fashion, and may cause costly permit revisions in mid-stream. Counties that build Subtitle D landfills ahead of compliance deadlines have to compete with the lower costs of other landfills not yet in compliance. Pressures to keep waste volume up to pay for fixed costs can act as a disincentive to recycling and reduction. • Counties must be prepared for significant unanticipated costs, some of which may be a result of changing requirements or imposed by the state in response to public demands. • Costs can be managed by using available county personnel and equipment as much as possible. - 71 - ------- Rural Communities and Subtitle D: Jefferson County Giving county government the responsibility for all disposal in the county eliminates incentives for municipalities to shop elsewhere for less expensive disposal. Contacts for further information Don Potts, Director Jefferson County Sanitation Department P. O. Box 247 Dandridge, TN 37725 (615) 397-3544 Gary Holiway Jefferson County Executive P. O. Box 710 Dandridge, TN 37725 (615) 397-3800 72 ------- Rural Communities and Subtitle D: New River Resource Authority NEW RIVER RESOURCE AUTHORITY Radford, Virginia Overview of the Case The New River Resource Authority (NRRA) is a regional waste management service authority that was designed to handle the waste disposal and recycling needs for a five-county region in southwest Virginia. Currently, the City of Radford, the Towns of Dublin and Pulaski, and the County of Pulaski are members. Two other counties are considering joining. The NRRA has sold bonds to extend its existing landfill as an interim Subtitle D site and to develop a long-term regional landfill. The NRRA's greatest challenge has been changing regulations and deadlines at the state and federal level, which have forced costly revisions to plans and permitting and have caused difficulties in gaining new members. The NRRA wants to avoid transferring the waste out, due to a lack of control over liability and costs. Another challenge for the NRRA has been selection of a site. Once a site was finally determined, the NRRA entered into a formal Groundwater Policy and Citizens' Complaint Procedure with the affected community. This alleviated some of citizens' concerns about potential contamination of drinking water. The Citizens Resource Recovery Committee has been an innovative feature of the NRRA program. Committee members have researched alternatives for resource recovery and have been actively involved in an experimental composting program in cooperation with Virginia Tech. "We believe in using a sound ap- proach that will extend the landfill life and reduce costs." Fred Milliard, NRRA Program Director 73 ------- Rural Communities and Subtitle D: New River Resource Authority Geographic and Demographic Information The New River Valley area of southwestern Virginia is comprised of Pulaski, Montgomery, Giles, and Floyd Counties. Interstate 81 travels north and south through Pulaski County. In 1990, the population in the NRRA's jurisdiction was 50,436 persons and is projected to increase to about 54,000 by the year 2020. The New River Valley is surrounded by the Blue Ridge mountains, which offer natural beauty that attracts residents from other parts of the country. Other important geographic features are the New River and Claytor Lake. Several institutions of higher education in the New River area contribute to a well-educated community and a focus on research. These include Virginia Polytechnic Institute and State University (Virginia Tech), Radford University, and New River Community College. Also, Virginia Tech operates a Corporate Research Center. Manufacturing is the largest employment sector, and retail trade and the service sector are growing. Major employers, in addition to the educational institutions, include Appalachian Power Company, a Burlington Industries terminal, several textile factories, Volvo-GM truck assembly, AT&T, and Pulaski Regional Hospital. A regional approach to disposal The New River Resource Authority in Radford, Virginia is a regional waste management service authority formed in 1986. It was originally designed to handle the waste disposal and recycling needs for a five-county region. Currently, only the City of Radford, the Towns of Dublin and Pulaski, and the County of Pulaski are members. Together, they generate approximately 120 tons of solid waste per day. The waste stream is about 23 percent commercial and 71 percent residential. Two nearby counties are considering joining, which would reduce the financial and liability burden for NRRA members. In June, 1994, NRRA received a Subtitle D permit for a new, long-term regional landfill. This site is located in Pulaski County, and it is projected to come on-line in 1996. In addition, NRRA developed an interim site to comply with Subtitle D, which included two permitted extensions to the existing Ingles Mountain landfill. The interim site began operations in 1989. 74 ------- Rural Communities and Subtitle D: New River Resource Authority The NRRA sold revenue bonds to finance development of both the existing and long-term sites. The debt service and operational cost will be paid for by tipping fees and users. State and federal regulations: A moving target NRRA's biggest challenge has been the changing solid waste regulations at the State and Federal levels, including the repeated postponement of the implementation dates. Fred Milliard, Program Director for the NRRA, describes the regulatory requirements as a "moving target." Regulations changed in 1988,1990 and 1993, including new liner requirements, groundwater monitoring parameters, and implementation deadlines. No exceptions were made for new landfills already in the Subtitle D permitting process. The State of Virginia has not been helpful in this situation from the perspective of the NRRA members - in fact, it has been seen as a hindrance. The permitting process for the long-term regional site, which began in 1986, was delayed several times by various regulatory changes. NRRA was forced to revise its permit and change construction plans in mid-stream. They went through three Part A and two Part B applications as a result of changing regulations. The State would not allow NRRA any exemptions or variances based on work already done. Therefore, the long-term permit was not ready when NRRA needed to begin construction. The NRRA needed extra landfill space to serve its disposal needs in the interim. The NRRA board evaluated the option of transferring their waste to one of three private landfills. The uncertainty of liability prompted the board to reject this option. Neighboring counties with existing public landfills would not agree to provide interim disposal space for the NRRA. The NRRA applied for and received a permit for an extension of the existing landfill as an interim disposal site. The permit included the full extension in addition to an earthen berm that was needed to build the extension. Both were to be built according to Subtitle D requirements. Although the berm was included in the permit, subsequent changes in federal regulations declared that a landfill could not be within 350 feet of residential property. The state Division of Waste Management said the permitted berm was too close to residents. The NRRA then sued DWM. The court ruled in NRRA's favor and allowed the berm to be built. DWM officials do not consider the berm to be a part of the permitted landfill and refer to it as the "court's NRRA's biggest challenge has been the changing solid waste regulations at the State and Federal levels, including the repeated postponement of the implementation dates. landfill.11 75 ------- Rural Communities and Subtitle D: New River Resource Authority NRRA filled out the berm and finished construction for the extension of the Ingles Mountain landfill. The cost of construction and engineering for the two parts of the interim landfill totaled 2.7 million, in addition to legal costs. The interim landfill will serve the NRRA's disposal needs only until the new regional landfill begins operations in January 1997. The long-term regional facility in Pulaski County is a 937-acre site, including the disposal area, the borrow area, and the conservation area. It is designed to accept 34,000 tons per year for 50 to 60 years. The landfill's life expectancy will increase as waste reduction efforts are improved. Because the NRRA has gone forward with bringing its landfill into compliance, its disposal costs are significantly higher than surrounding localities that are not yet in compliance - some localities in the region still do not have tipping fees. This has compounded the difficulty in acquiring new members, which would reduce the tipping fee. Currently, NRRA is estimating a tipping fee of $57.50. If Montgomery and Giles counties join, this will drop to about $30.00 per ton. However, Billiard says the NRRA's current plans will not be diverted if new members do not join. The option of transferring the waste to a private landfill in Kernersville or in Roanoke has been considered and rejected. Milliard is strongly in favor of a publicly owned and operated landfill. First, control over liability in a private landfill is a major concern for the NRRA. If not for the question of liability, Milliard says, they probably would transfer the waste to an outside facility. Second, if no new members are acquired, the NRRA will have extra landfill capacity that will be valuable in the future. Third, Milliard believes private companies do not offer a good long-term solution because there is no control over the escalation of costs. Addressing resistance to a landfill site An additional challenge for NRRA has been the selection of a new regional landfill site. The NRRA began the site selection process in 1987, which initially included plans to build a waste-to-energy incinerator. Although the incinerator plans were later abandoned, some sites initially considered for landfilling of incinerator ash were later considered for the regional landfill. The NRRA formed the Citizens' Landfill Siting Committee to help the Board choose a long-term landfill site. The Committee presented a report to the 76 ------- Rural Communities and Subtitle O: New River Resource Authority Board in October 1987 that recommended a list of 25 preliminary sites. The state's final regulations became effective in January 1988, prompting the board to reevaluate several sites, including some that were not among those recommended by the committee. Following an evaluation of four sites, the NRRA Board ultimately selected a site known as the Dan Bar farms in Pulaski County, which was not recommended by the Siting Committee. An organized group called the Backcreek Watershed Association raised questions and concerns about several aspects of the site selection process, including the site's geological suitability for a landfill and adequacy of NRRA's procedures for notifying and consulting affected property owners. Members of the group had organized around previous landfill issues. Of particular concern to citizens was the possibility that escalating costs might cause NRRA to expand the present service area to multiple jurisdictions and/or privatize the landfill in the future. According to Milliard, citizen opposition was particularly intense around 1989. However, it has subsided since agreements were established that allow neighboring residents some measure of control over landfill operations. Residents' greatest concern is the potential for contamination of drinking water supplies and the availability of potable water sources should contamination occur. Thus, the NRRA and a Citizens Advisory Committee, appointed by the Pulaski County Board of Supervisors, formally agreed to a Groundwater and Citizen Complaint Procedure. The contract allows residents to file a complaint and requires NRRA to respond according to certain procedures for off-site groundwater testing. If contamination has occurred, NRRA is required to provide replacement sources of drinking water at its own expense. The contract also allows the Citizens Advisory Committee certain rights and responsibilities for independent review and tests. The Citizens Action Committee negotiated the possibility of guaranteed property value protection near the landfill site. However, these discussions were not pursued due to concerns about possible infringement on owners' property rights. In addition to the groundwater policy and complaint procedure, Hilliard believes the 20-acre buffer strip that surrounds the landfill will reduce the potential impacts on nearby residents. Citizen opposition has subsided since agreements were established that allow neighboring residents some measure of control over landfill operations. 77 ------- Rural Communities and Subtitle D: New River Resource Authority Citizens research ways to reduce the waste stream A particularly innovative feature of the NRRA's solid waste management program is the effort by the Citizens Resource Recovery Committee to find ways to reduce the waste stream. Made up of volunteer citizens of the community, the committee has researched a range of available options and technologies to reduce the area's waste stream, evaluated their practical value for the community, and made recommendations to the NRRA. The NRRA provided funds for the Resource Recovery Committee to visit sites around the Country and evaluate other approaches. Paul Steele, Chair of the Citizens' Resource Recovery Committee, explained that the Committee began as a sort of advocacy group but evolved into a technical advisory group. The members began to see how various alternatives affect one another. Steele says that no one on the Committee knew a thing about resource recovery in the beginning. Furthermore, he says, "We found out that nobody else in the Country really knew anything; everyone is groping for solutions." The NRRA and the Committee initially considered a materials recovery facility, and they even put out a request for bids. After observing other MRF operations, they determined the costs of operation were very high with little in return. It would cost $5 million to recycle 10 percent of the waste stream. As a result of its research, the Committee has concluded that it would be relatively inexpensive to separate the waste stream into compostable and non-compostable materials and successfully compost 30-50 percent of the waste stream. The NRRA, based on recommendations by the Resource Recovery Com- mittee, has initiated a yard waste composting program and an experimen- tal mixed municipal solid waste composting program in cooperation with Virginia Polytechnic Institute. The experimental composting operation will begin in September of 1994 at the Ingles Mountain landfill. Following a study of yard waste and chipped brush composting, the second phase in the experimental study will be to compost food scraps from the VPI dining hall, restaurants, and fast-food hamburger places. The third phase will be composting of mixed household waste. NRRA is considering 78 ------- Rural Communities and Subtitle D: New River Resource Authority using "blue bag" pick-up, in which residents will separate compostables in colored bags that can be picked out of the trash compactor trucks. They are planning to use a windrow turner, located at the landfill, for the composting operations. A windrow composting operation is feasible where there is room to spread the compost and avoid impacts from odor on neighborhoods. Steele says they are looking for a good buy on a used tractor and turner attachment from local sources. If the experimental project is successful and economically feasible to operate, it will reduce a significant proportion of the municipal solid waste stream and generate a viable product. Compost markets are very good in this farming area. The compost can be used for soil enhancement or as a layer for planting grass seed. Even if the compost is used only for landfill cover, the need for clean dirt to use as fill will be completely eliminated, which will reduce NRRA's operating cost and extend the landfill life. Steele explained that members have visited and consulted with the University of North Carolina Extension Service near Asheville, NC, which is a leader in researching composting operations and is presently composting municipal waste in an experimental program. UNC also is experimenting with various types of compost to evaluate their effects on tree and plant growth. Steele believes that more experimental composting programs are needed to help rural communities find answers without taking large financial risks themselves. For example, it is not clear what size composting facility is needed, or which methods of collection and separation work best. The NRRA and the Citizens Resource Recovery Committee have discovered that reaching reduction goals through conventional methods is difficult in a rural area. For one thing, there are fewer industries, where the largest reductions can often be made. NRRA's recycling efforts have achieved 15 percent reduction. They developed full service recycling centers in cooperation with several large food stores as a public service and to increase public awareness and participation in recycling. In spite of good participation, the drop centers account for only one percent reduction of the waste stream. The yard waste mulching operation, which uses a large tub grinder to mulch clean wood, brush, and pallets, recovers approximately three percent of the waste stream. A metal drop box program, which takes old white goods and scrap metal, diverts another three percent of the waste stream. Efforts by local industries to reduce their costs have 79 ------- Rural Communities and Subtitle D: New River Resource Authority The basis of a sound waste management approach is first to remove anything that is profitable from the waste stream and then to bury only those things that are not profitable. resulted in a reduction of eight percent. Milliard explains that part of a sound waste management approach is first to remove anything that is profitable from the waste stream and then to bury only those things that are not profitable. At the same time, the manager needs to know the costs of various alternatives. For example, when all costs are considered, NRRA can send plastic to North Carolina for $140 per ton or bury it in the landfill for $57.50 per ton. Since plastic does not leak toxins in a landfill, he believes it is sensible to bury it. The plastics industry is encouraging people to recycle because it makes their product more attractive to consumers. In May 1994, a mobile tire shredding program was kicked off by the Appalachian Regional Recycling Consortium in cooperation with the New River Valley Planning District Commission. The NRRA members are among the 16 jurisdictions participating in the initial phase; the service will eventually be available to more than 30 jurisdictions throughout Southwest Virginia. Lessons from the NRRA regional approach NRRA has overcome many hurdles to develop its regional system. What those involved with the process have learned along the way can be useful to other communities considering a regional solution to managing their solid waste. Changing regulations and deadlines have created problems for localities already developing landfills in compliance with Subtitle D. States may offer them little leeway or assistance in their predicaments. The conservation of landfill capacity can be viewed as offsetting the short-term increase in disposal costs if a regional authority has trouble gaining members. The uncertainty of liability for users of a private landfill may justify paying more to have a public landfill. A locality can exercise better control over the waste stream and operating costs through a public authority than by using a private landfill. The concerns of residents living near the landfill may be reduced by a formal agreement that establishes a ground water policy and complaint procedure, guarantees responsive action and replacement water supplies if contamination of drinking water is suspected, and allows independent monitoring and testing. The availability of an ample buffer around the landfill site will help to minimize impacts on residents' safety and quality of life. 80 - ------- Rural Communities and Subtitle D: New River Resource Authority A volunteer citizens committee can be highly effective in researching and screening alternatives for resource recovery, particularly if funds are available for citizens to make site visits. Good economic data on the relative costs and benefits of recycling specific commodities is needed to develop a recycling program, and to integrate this program into an overall waste management program. Composting can be a relatively inexpensive and efficient approach to resource recovery in rural areas, but communities adopting this option need to have good economic and technical information if risky investments are to be minimized. Cooperative experimental efforts with universities, community colleges, and agricultural research facilities can be beneficial to rural solid waste solutions. Contacts for further information Fred Milliard, Program Director New River Resource Authority P. O. Box 3637 Radford, VA 24143 (703) 639-5743 Paul Steele, Chair Citizens Resource Recovery Committee P.O. Box 3485 Radford, VA 24143 (703) 639-6383 81 ------- - 82 ------- Rural Communities and Subtitle D: Tift County TIFT COUNTY, GEORGIA Tifton, Georgia Overview of the Case Tift County and the City of Tifton have built upon their previous waste management experience, their cooperative relations, and the volunteerism of local citizens to develop an innovative waste management system that effectively reduces disposal costs and saves valuable landfill space. Their disposal and recycling programs have become models for other cities and counties in Georgia. Tift County implemented a variable rate waste management program in 1992, based on a curbside variable rate program implemented by the City of Tifton in 1991 with considerable success. A group of local citizens was the driving force behind the new program, which met with considerable resistance at first. The "pay-as-you-go" system has resulted in at least a 33 percent reduction in residential waste that has to be buried, measur- able savings in landfill space, and reduced taxes for local residents. The County has emphasized public dialogue and a strong education program, in addition to anti-dumping enforcement practices, to counter initial public resistance to the new variable rate concept. The volume-based disposal program could significantly increase the life of the existing city-county landfill. A Subtitle D horizontal extension is being planned, which should serve the community at least 14 more years. The City and County are weighing the option of joining a multi-county regional solid waste authority, which would use the Tift County landfill extension as its interim site. Whether they go with a single-county or multi-county disposal "Communities don't need high-priced consultants to solve all of their waste problems. All it takes is common sense and a will to succeed." Bill Sheehan. formerly of Recycle Tifton 83 ------- Rural Communities and Subtitle D: Tift County system, county leaders are determined to maintain a publicly owned and operated landfill to control costs and waste flows. Geographic and Demographic Information Tift County is located along Interstate 75 in the central portion of southern Georgia about 180 miles south of Atlanta and 60 miles north of the Florida line. The total population of Tift County in 1990 was approximately 35,000, comprising just over 12,000 households. Tifton is the largest municipality and the county seat, with a population of 14,215. There are two other very small municipalities, Omega and Ty Ty. Approximately 51 percent of Tift County is classified as rural according to the 1990 census. Median household income was $22,421 in 1989. The percent of persons below poverty level was 21.2 percent. Shared City-County Waste Management Services Because the County is small geographically, city and county services are easily shared. Hunter Walker serves as both the City Manager for Tifton and the County Administrator for Tift County. There is a history of cooperation between the jurisdictions, as well as volunteerism among citizens. Both the County and the City have considerable experience in recycling. Since 1978, the County has operated a recycling center. Funded by a state grant, the County started collecting and processing cardboard in 1979, and later accepted newspapers and other items. In the early 1980s, Tifton volunteers organized a program to educate school children on waste reduction. The City of Tifton organized some of Georgia's first neighborhood recycling drop-off points. This experience has helped Tifton-Tift County to overcome the obstacles of finding buyers for recyclables and educating the public on its new volume-based system. The City and the County share a landfill and a central recycling center. The present landfill is jointly owned by the City and the County, and it is operated by the City. The County operates the Tifton-Tift County Recycling Center, located in the Industrial Park. The Recycling Center has been expanded at a cost of $400,000. This investment should be recouped through avoided landfill construction costs. 84 ------- Rural Communities and Subtitle D: Tift County Walker says that one of the County's primary objectives is to conserve landfill capacity through aggressive recycling and reduction. Tift County has implemented a county-wide variable rate disposal program (described below) rather than pass the increased cost of landfill development on to property owners through ad valorem taxes. Already, the residential waste stream has been reduced by 33 percent as a result of the volume-based system, saving at least 1/4 acre of landfill space in a year. Walker says that the County has been able to exercise cost avoidance and nearly break even through its variable rate program. The recycling center costs about $110,000 per year to operate, not counting collection costs in the City or County, but it generates $90,000 in sales of recyclables. The City and the County split the shortfall. The City and County are currently using the unlined portion of the landfill, which is scheduled to close in December 1995. They have received a Subtitle D permit for a 7-acre horizontal extension of the existing landfill, projected to cost from $1.2 million to $1.5 million. Assuming continuation of present usage, at approximately 100 tons of waste per day, the expansion will extend the landfill's life for another 14 years. The City and County are considering joining a 10-county regional solid waste authority. Preliminary discussions among the counties suggest that the Tift County landfill extension would serve the region as a short-term site, and Benhill County would serve as a long-term site. Such a regional agreement would significantly shorten the life of the landfill extension. However, Walker believes a regional approach could reduce costs for Tift County, provide long-term disposal, and help the County avoid the entire liability burden. Whether or not Tifton-Tift County maintains single-county disposal or moves to a regional concept, the community is determined to stay in the landfill business. Walker believes the biggest challenge of Subtitle D has been the major policy shift that has generated incredible pressure on local governments to do business with for-profit concerns. "I'm not sure that is the best public policy decision that could have been made," says Walker. The Subtitle D policy process failed to engage local governments and favored the most powerful lobbyists. In his view, it is a misconception that private companies can operate a landfill better than a publicly owned authority. Landfill operation is not labor-intensive enough to make private operation more efficient. In addition, he notes that public entities have some economic advantages in The residential waste stream has been reduced by 33 percent as a result of the volume- based system, saving at least 1/4 acre of landfill space in a year. 85 ------- Rural Communities and Subtitle D: Tift County It is a misconception that private companies can operate a landfill better than a publicly owned authority. The industry is surprised when you know you may be able to do it cheaper. terms of tax exemptions and reduced financing costs. The industry is surprised when you know you may be able to do it cheaper," Walker says. In addition, a public landfill can exercise better environmental controls due to the absence of profit-driven pressures. Citizens Propose A New Idea for Tifton The City of Tifton's curbside variable-can system went into operation in January 1991. The program was the initiative of Recycle Tifton, a group of local citizens who researched recycling alternatives and methods of source separation and recommended a system that would charge customers according to the volume of garbage they send to the landfill. The citizens' concept of an incentive-based program was based on one already operating in Seattle, Washington on a much larger scale. They adapted the Seattle concept to the particular needs of a small city in rural south Georgia. The group, led by Bill Sheehan, finally convinced the City Commissioners to consider their idea for a variable rate system that has built-in incentives to reduce and recycle. It was almost a missed chance. The City had committed $300,000 to purchase 90-gallon roll-out carts for everyone in Tifton. Members of Recycle Tifton believed that the huge roll-outs are fundamentally incompatible with serious waste reduction and, in particular, with source separation and variable rate systems. They objected to the City's commitment to a garbage collection system without first having a clear plan for household recycling. Purely voluntary recycling programs do not usually achieve significant waste reduction and often amount to "good will" recycling. The citizens believed a successful incentive-based system could significantly lower waste management costs in the long term. Based upon the citizens' recommendation for a variable rate system, the Tifton City Commissioners decided to rescind their earlier decision to purchase roll-out carts. This action met considerable resistance initially from the two people who would be primarily responsible for implementing the system - Hunter Walker, the City Manager and the County Administrator, and Laura Tucker, the Executive Director of the Tifton-Tift County Clean Community Commission. Now, however, both Walker and Tucker are strong advocates of the variable rate system. 86 ------- Rural Co mmunities and Subt i 11 e D: lift C ounty According to Walker, the City's curbside variable rate system has saved money by extending the life of the landfill. The amount of city residential garbage going into the landfill was reduced from an average of 60 tons a week under the old system to 35-40 tons per week after implementation of the variable can system, (n the first six months, the savings to taxpayers was more than $85,000. A Pay-As-You-Go System for lift County There are variable rate curbside programs in large cities and small towns around the country. However, variable rate programs in rural, unincorporated areas, especially in the South, are quite unusual. Tift County's variable rate system was the first in rural Georgia and perhaps the first in the Southeast. After studying the advantages and disadvantages of various methods of paying the increased costs of solid waste disposal, the Tift County Board of Commissioners decided to implement a rural counterpart to Tifton's "pay as you go" system, rather than taxation or a monthly garbage bill. A study committee researched several alternative fee systems for the County Commission, including both volume based and non-volume based alternatives. The Commissioners concluded that a primary advantage of all volume- based methods over non-volume based methods is that they contain built- in financial incentives to have less garbage. Tift County's variable rate "bag system" became effective on October 15, 1992. County residents are required to purchase a special "Tift County" garbage bag for disposing of their garbage. The only thing allowed in the green boxes now is a Tift County bag. The color-coded bags are available at all grocery stores. A 38-gallon red bag costs $1.50, a 16-gaHon yellow bag costs 75 cents, and an 8-gallon beige bag costs 45 cents. The stores make a profit of 10 cents per bag. Walker says that $60,000 to $70,000 worth of sales is generated on the bags, but the cost of the program itself is about double that amount. Landfill tipping fees help to cover the shortfall. The County's 23 dumpster sites were centralized and reduced to seven manned collection centers for trash collection and recycling. Independent contractors were hired to operate the collection sites. Each site has lights, an office building, fencing, and landscaping. The hours vary from site to site - some are open 60 hours per week, one is open 30 hours per week, and the central location is open 80 hours per week. Walker stresses that Variable rate programs in rural, unincorporated areas, especially in the South, are quite unusual. 87 ------- Rural Communities and Subtitle O: Tift County When they buy the bag, they are also buying a service that includes operating the drop- off sites, transporting the garbage to the landfill, and the tipping fee at the landfill. the hours of operation need to be tailored to the customers, not the employees. Each manned collection site has a recycling trailer where site operators separate recyclables into compartments. Items accepted for recycling at each site include aluminum and all other metal cans, glass, plastic, cardboard, and newspaper. There is no charge for recyclables, which can be brought to any collection site in any kind of container. Thus, the more a family recycles, the less it needs to spend on Tift County bags. The trailer, filled with recyclables, is transported to the Tifton-Tift County Recycling Center. Prison labor is used at the plant to bale these items and to ship them to markets. Laura Tucker reports that they have had good success in locating markets for recyclables. She says, "If you have good, clean recyclables, there are markets for them." While profits are low on most items, the buyer usually absorbs the cost of transportation. Walker says the program was an easier sell in the city than in the rural areas of the County. Many rural residents expressed dissatisfaction. People were hit hard by the sudden change from "free" disposal to paying per bag. A main disadvantage of the bag system is the public's perception of an expensive garbage bag. At first, county residents did not understand that the cost of the bag is designed to reflect true landfill disposal costs. In other words, when they buy the bag, they are also buying a service that includes operating the drop-off sites, transporting the garbage to the landfill, and the tipping fee at the landfill. As expected, illegal dumping increased after the bag system was implemented. The County quickly brought this practice under control through strict monitoring and enforcement measures, in addition to increasing public dialogue to help residents understand and accept the system. Early in the program, "starter kits" were distributed to each person visiting a collection center. The kits included information about the bag system, site locations and hours, recycling, and two sample bags. At least a month was spent on intensive educational efforts. Also, the Clean Community Commission has added a 24-hour hot line for residents to call if they have questions. A citizens' solid waste advisory committee was appointed in December 1992, with representation from each district, to make recommendations on how to improve the garbage system. Bill Sheehan believes that, in hindsight, the program might have benefited from stronger educational efforts and more citizen involvement prior to unveiling the program. 88 ------- Rural Communities and Subtitle D: Tift County Tifton-Tift County's waste management program has worked so well that it serves as a model for other programs in the state. More than 100 city and county officials from across Georgia have visited Tifton and Tift County to see first-hand how the incentive-based system works. Several other cities and counties have modeled their solid waste programs after Tifton- Tift County's. Lessons from Tift County Tift County is a model for solid waste collection and disposal systems because of its emphasis on cost avoidance, conservation of landfill space, and built-in incentives for recycling and reduction. The following lessons can be learned from Tift County: Local citizens often are the driving force behind waste management innovations. A community should first have a clear plan for recycling and reduction before deciding on a garbage collection system. Cost avoidance can be achieved by reducing the waste that has to be buried and by extending the useful life of the landfill. • A volume-based system, such as pre-purchased bags, can be a more effective way to pay for landfill costs than taxation or a monthly garbage bill. Creative incentives for reduction and recycling are key components of an effective waste management program. Past experience and cooperative city-county relations are beneficial to establishing effective collection, recycling, and disposal systems. • Implementing a volume-based system requires a strong public education and involvement program, both before and after the program is initiated. Local governments can operate a landfill as well as private companies in many cases, and doing so allows them more control over costs and wastes. Waste collection and recycling sites should be operated on the basis of users' needs, not the employees'. 89 ------- Rural Communities and Subtitle D: Tift County Contacts for further information Hunter Walker Tifton City Manager, Tift County Administrator P.O. Box 229 Tifton, Georgia 31793 (912) 382-6231 Laura Tucker, Executive Director Tifton-Tift County Clean Community Commission P. O. Box 229 Tifton, Georgia 31793 (912) 382-6231 Bill Sheehan, formerly with Recycle Tifton Solid Waste Issue Leader Georgia Sierra Club 268 Janice Drive Athens, GA 30606 (706) 208-1416 90 ------- Rural Communities and Subtitle D: Tri-County Solid Waste Management Authority TRI-COUNTY SOLID WASTE MANAGEMENT AUTHORITY Murphy, North Carolina Overview of the Case The County Commissioners in each of the Western North Carolina Counties of Cherokee, Clay, and Graham wanted to do something about recycling. The Southwestern North Carolina Planning and Economic Development Commission, located in Bryson City, North Carolina, urged them to work together and develop a regional recycling program. In response, the Commissioners formed the Tri-County Solid Waste Management Authority. This was April of 1991. Soon, however, after passage of the Subtitle D legislation, members of the Authority quickly recognized that out of necessity landfills would have to be their primary consideration. The landfills in Clay and Graham Counties would need to close. And Cherokee County's landfill, which had just completed expensive upgrades, would need to close in a few years. The Authority moved quickly to develop and implement a region wide agreement that enabled them to address their current waste disposal needs and plan for the future. Because the landfills in the other two Counties had to close, Cherokee County agreed to make their landfill available as a regional facility for as long as it could continue to stay open. To address the longer term need, the Authority agreed to begin the process for siting a new, Subtitle D compliant landfill that all three Counties could use once the Cherokee landfill was no longer available. A possible site has been identified in Cherokee County and an option taken on the land. An engineering study was completed at the end of July, 1994. The results of the study were favorable, and the Authority is now completing the permitting process. Since "Counties all have the same problems. They need to work out their differences and find ways to solve their problems together." Paul Jordon, Executive Director, Tri- County Solid Waste Management Authority 91 ------- Rural Communities and Subtitle D: Tri-County Solid Waste Management Authority its inception, the Authority has functioned as an informal, unincorporated organization. Now, however, because it will be taking on major fiscal and liability responsibilities, it is taking steps to formally incorporate. The Commissioners' "working together experiment" to solve their solid waste problems has been successful. As a result, they have been motivated to adopt cooperative arrangements to mutually solve other problems that are common to each of their Counties. Geographic and demographic information Cherokee, Clay, and Graham Counties are situated in Southwestern North Carolina. The area is primarily mountains, forests, and river valleys. Physical beauty, natural resources, and tourism characterize the area. The rugged terrain, remoteness and lack of major highways, and the seasonal recreational economy, however, all present particular challenges for solid waste management. Combined, the three Counties are home to 35,500 people. During the tourist season, population can increase several fold. There is a total of 962 square miles in the three county area resulting in a population density of 37 people/square mile. Federal lands, including National Forests and Tennessee Valley Authority property, make up a significant portion of the land area, which tends to concentrate the population and to reduce tax revenues for addressing solid waste and other problems facing these Counties. Finding new ways to work together The Authority was first organized in April of 1991. Representatives to the Authority are appointed from each County by their respective County Commissioners. Clay and Graham Counties each have two representatives. Cherokee County, because of its larger population, has three representatives. There are no term limits for the representatives to the Authority. Members serve until their County Commissioner replaces them with a new member. The Authority is not a formally incorporated organization. The strength and viability of the organization reside in the Commissioners' and the members' belief and commitment to the idea that working together through the Authority is the best means for successfully solving their solid waste problems, specifically the landfill issue. 92 ------- Rural Communities and Subtitle D: Tri-County Solid Waste Management Authority Initially, members of the Authority were appointed from a wide range of community organizations. Recently, however, as the Commissioners have become more involved in solid waste issues, they have appointed more elected and appointed county officials. The three Counties' Commissioners realize that the elected officials ultimately have responsibility for deciding and implementing solid waste decisions, and that they need to be knowledgeable about what they are deciding. Being a member of the solid waste authority is a way for elected and appointed officials to gain the information and perspective they need to make good solid waste management decisions. Current representatives to the Authority are: Cherokee County: County Manager, two private citizens; Clay County: Two County Commissioners; Graham County: County Commissioner, County Manager; Paul Jordon serves as Executive Director and manages the day-to-day affairs of the Authority. Paul is also a Clay County Commissioner. His extensive experience in county government serves him well in educating other public officials about what needs to be done in solid waste and coordinating their efforts to achieve a common end. Industrial Opportunities, Inc., a non-profit organization that provides work opportunities for the physically and mentally challenged in the Tri-County region, acts as the fiscal agent for the Authority. As the fiscal agent, it receives grant funds and other moneys, pays bills, completes tax forms, and handles other fiscal matters for the Authority. Industrial Opportunities provides this service at no cost to the Authority. It receives payment through increased cooperation for some of its projects, and the opportunity to gain public relations and networking benefits. The member Counties fund the Authority on a prorated basis based on population. Each County currently pays according to the following schedule: Cherokee 58% Clay 21% Graham 21% The Commissioners agree that the payment system is fair and equitable. Current operating expenses for the Authority are $16,000, which is a reduction from prior years as the Executive Director is now part-time. Expenses will increase substantially once construction begins on the new landfill. The three Counties' Commissioners realize that the elected officials ultimately have responsibility for deciding and implementing solid waste decisions, and that they need to be knowledgeable about what they are deciding. 93 ------- Rural Communities and Subtitle D: Tri-County Solid Waste Management Authority When the Solid Waste Authority began, it faced three waste management challenges: 1) to help the Counties develop recycling programs, 2) to develop and implement a short term solution for disposing of their solid waste materials, and 3) to develop a long range, more permanent solution for disposing of their waste materials. How the Authority met these challenges is discussed below. Managing solid waste - recycling Recycling began in 1991 with each County being responsible for its own recycling and collection centers. There was little money to support any of their activities, however. So they did it on their own. Citizens groups formed to support recycling, and the Counties relied on local experience rather than hiring an outsider to provide technical assistance. Materials were sent to Webster Enterprise in Jackson County for final processing and marketing. It was a heavily subsidized operation. Grant assistance was obtained from the Tennessee Valley Authority and other sources to buy balers and loaders, which helped make the systems more efficient. At the same time, the Counties were doing all they could to minimize costs, for example Clay County stripped out an old school bus and used it for collections. To save funds, convenience centers were opened without being staffed, although they are now staffed. Counties constantly look for grants and other forms of financial assistance to help their programs. And the programs are trying to collect more higher profit materials. Currently, recycling is a cost to all Counties. Other than avoided landfill costs, there are few economic incentives in this area to recycle. It is difficult to collect materials, and markets are hard to find. Recycling is currently being heavily subsidized by county funds. Managing solid waste • current landfill practices In response to the Subtitle D regulations, Clay and Graham Counties had to close their landfills. The agreement among the three Counties called for the Cherokee County landfill to serve as a regional facility for the area. Their landfill, with the addition of groundwater monitoring wells, had been permitted by the State to remain open until October, 1996. As part of the extension approval, however, the State required the Solid Waste Authority to pursue a more permanent solid waste disposal solution, which is described in the next section. 94 - ------- Rural Communities and Subtitle D: Tri-County Solid Waste Management Authority For the interim period, tipping fees were set as follows: Cherokee - $36/ton for private haulers; Clay - $36/ton + $14 hauling fee if Cherokee County hauls their material; Graham - $36/ton They haul their own material. Private haulers are charged $36/ton. Materials collection differs in each County. Graham County picks up from some 40 scattered greenboxes. This is very time consuming and expensive. Clay County has a convenience center, which concentrates pickup, and it has private haulers that pick up from the places not serviced by the convenience center. Cherokee County has two convenience centers, which makes their pick up more efficient. Cherokee County's convenience centers are also available to residents of other counties. Anyone who buys a pass can use the facility to dispose of their waste. Each County has its own mechanism to raise revenues to finance the collection and disposal of waste materials. Cherokee County collects $35 per year from each household as part of their property tax assessment. This amount covers their costs. Graham County collects $48 each year per household along with the property tax. This amount probably does not cover all their costs. Clay County sells passes to dispose of material at convenience centers. A pass costs $36/year/household, and allows a family to dispose of four 30 gallon bags per trip. Or County residents can buy tags @ $1.00 to deposit one 30 gal. bag. These revenues do not cover all their costs. In October of 1993, the tipping fees increased from approximately $12/ton to a maximum of $36/ton. Initially citizens across the region were upset with the increase. In response, the Authority held a number of public meetings and wrote newspaper articles to explain the problem and to answer questions. Once people understood why there had to be an increase, they were more accepting of the change and willing to support it. Once people understood why there had to be an increase, they were more accepting of the change and willing to support it. Managing solid waste - the future To meet its long term disposal needs, the Authority considered contracting with a private waste management company to manage the system, and it considered transferring material out of the area. The Authority contacted a number of waste management companies about building and managing a new landfill. Each company had a clause in their contract that the company had the right to sell the contract to a subsidiary company or to another - 95 - ------- Rural Communities and Subtitle D: Trl-County Solid Waste Management Authority company of their choice. The Counties were uneasy about this provision. In rural areas, personal relationships are important as the basis for doing business. Thus, it was important for the Counties to know who they would be contracting with. They did not want to establish a relationship with one company and then have that relationship change without their knowledge or involvement. Also, the Counties wanted greater control of waste flows and solid waste costs in their area than the private companies would allow. As a result, because the Counties were not certain about what company they would work with, and because they did not believe they could control solid waste affairs to the extent they wanted, they rejected contracting with a private company. The Authority also considered transferring materials to a regional landfill in Georgia. However, the Commissioners were concerned that new regulations or restrictions on inter-state transfer of waste might be enacted that would prevent transporting waste across state lines or that would significantly increase costs. As a result of these concerns, the Counties rejected transferring materials out of state, and there were no other nearby landfills that could accept waste from the Tri-County area. Because an acceptable private alternative could not be found, the Authority and its member Counties agreed to develop their own waste management system. Because an acceptable private alternative could not be found, the Authority and its member counties agreed to develop their own waste management system. By building a regional facility to serve the Tri-County region, the member counties would control the collection, processing, and disposal of waste materials within their area. In this way, they would be able to retain control of the costs for managing these materials. Most importantly, the Counties believed that they would be able to control their own fortunes rather than have to rely on the dictates of a private company. The Authority is in the process now of siting the new facility near the current landfill in Cherokee County. Preliminary studies indicate that the site will be acceptable. An initial engineering study was completed at the end of July, 1994. The full permitting process must be completed by March, 1995. Construction of the landfill would begin in the fall of 1995 with opening scheduled for September, 1996. The Authority will have responsibility for constructing and managing the landfill. The member counties will provide funding to construct the facility. Operating costs will be supported by tipping fees. 96 ------- Rural Communities and Subtitle D: Trl-County Solid Waste Management Authority To date, there has been a minimum of public education and public involvement in the decisions to site the new landfill. The public has generally been supportive in the past, or at least has not voiced opposition, and the Authority members expect that this will continue. Once it is certain that the proposed site is acceptable, they will begin a public education campaign and hold public hearings to inform the public about the decisions already made and future actions that need to be taken. There may be some opposition to the new siting, but the Authority is confident that once all the information is available, the vast majority of the public will be supportive. An election can result in new decision makers and the opportunity to change decisions that already have been made. A solid waste program, or any new, developing program for that matter, can be radically changed with the election of new public officials. Several new Commissioners in the Tri-County area will be elected in the 1994 elections. Paul Jordon is working to educate the potential new Commissioners about the solid waste issues confronting the area, the decisions that have been made to date, and the future decisions that will need to be made. Jordon is confident that even though there will be new Commissioners, there will not be a great change in the direction of the program. The program is working, and people are generally supportive. He believes that there will be little support to fix something that is not broken. Working together The cooperative effort to solve the solid waste problem crossed political and county lines, and this is the first experience the Counties have had of working together on something. It is hard to pinpoint exactly why they are being successful. The Commissioners recognized that something had to be done, and when the Planning Commission suggested a joint effort, the Commissioners realized they had nothing to lose and perhaps much to gain by a cooperative effort. It was a new venture for them, and they were willing to take the risk. The Commissioners and the members of the Authority were willing to work together - the right people came together at the right time. And they have had good leadership, which has been crucial. Perhaps most importantly, however, they have been willing to acknowledge their differences, and then work to resolve them in mutually beneficial ways. There has not always been unanimity, but they have been able to work things out. Perhaps most importantly, however, they have been willing to acknowledge their differences, and then work to resolve them in mutually beneficial ways. 97 ------- Rural Communities and Subtitle D: Tri-County Solid Waste Management Authority This has been the first effort of this kind for the Authority members, and it has been the impetus for other joint efforts. Most recently, the County Commissioners have developed a regional jobs program and a regional transportation system for their Counties. The area's solid waste problems and their resolution through the Authority has been a positive force for getting the Commissioners and the Counties to work together. One of the factors that helps to make a cooperative system work is that each local unit retains control and authority for those actions that primarily are carried out at the local level. For those activities that have wider impact and that can benefit from economies of scale, responsibility is conceded to a larger coordinating or governing body. For example, in the Tri-County Authority, each individual county retains responsibility for collecting and processing waste within their respective county. To dispose of it, however, they cooperate with one another through the Authority to dispose of it in as cost efficient and environmentally sound a manner as possible. The Authority provides the coordination mechanism and a way for the Commissioners to communicate with one another. The Commissioners and the members of the Authority have come to realize that everyone has the same problems. And they have learned that by keeping focused on the issues and on the successes they have, they can work together to mutually solve their common problems. Building Cooperative Relationships The following factors can help communities build good working relationships. A prior history of cooperation. A recognition that each partner can benefit. A willingness on the part of an individual or a community to step forward and take the risks inherent in a cooperative effort. The collaborators' ability to keep focused on what needs to be done. • A continual effort to build and improve the relationship between the members. • An ability to separate common interests from individual interests. Implement mechanisms that support individual interests and protect | local concerns. Build public support by educating the public to support new working ] relationships. 98 ------- Rural Communities and Subtitle D: Tri-County Solid Waste Management Authority Lessons from the Tri-County Solid Waste Management Authority The development and implementation of the Tri-County Solid Waste Management Authority provides several insights that other rural areas can use when planning their own solid waste programs. • Counties can maintain control of waste management services and avoid escalating costs and interstate transportation regulations by developing their own public disposal programs. • Regional agreements can allow local units of government to maintain considerable autonomy in a multi-county cooperative system so that each member can retain as much control as possible. • Local resources and solutions can be valuable inputs for solving a range of local problems. For example, locally available experience, non-profit resources, and equipment can provide a better alternative than hiring expensive outside help. In a cooperative effort, perceptions of equality of benefits and effort are important. Participants need to perceive arrangements as equitable. • An initial successful cooperative effort among local units of government can facilitate future solutions to common problems. Grant assistance is often available to public authorities who are willing to invest the time and effort to search and apply for them. • An aggressive approach to public education can minimize public concern and misunderstanding about solid waste problems and proposed solutions. Contacts for futher information Paul Jordon, Executive Director Tri-County Solid Waste Management Authority 115 Peachtree Street, Suite 103 Murphy, North Carolina 28906 704/837-5842 Tom O'Brien, Executive Director Industrial Opportunities, Inc. Post Office Box 39 Marble, North Carolina 28905 704/837-9066 99 ------- James Malia completed the case studies for: • Albemarle Regional Solid Waste Authority, North Carolina • Coffee County, Alabama • Tri-County Solid Waste Management Authority, North Carolina Janice Morrissey completed the case studies for: • Atkinson County, Georgia • Floyd County, Virginia • Jefferson County, Tennessee • New River Resource Authority, Virginia • Tift County, Georgia Additional copies of this publication may be requested from: US ENVIRONMENTAL PROTECTION AGENCY - REGION IV OFFICE of RCRA and FEDERAL FACILITIES 345 COURTLAND STREET, N.E. ATLANTA, GEORGIA 30365 404-347-2091 ------- |