Georgia Inert Landfill RegulationsThe transition away from permit-by-rule status

Michael Smilley, PG

Golder Associates Inc.

Atlanta, Georgia

BackgroundPermit-By-Rule Permit-By-Rule ResultAmended RulesPotential Impacts of RegulationsImportant DatesQuestions

2

OUTLINE

Cover Soil

Reporting

Site Controls

Monitor Explosive Gas

Groundwater

Post Closure Care

Liners

Cover Soil

Reporting

Site Controls

Cover Soil

Reporting

Site Controls

Monitor Explosive Gas

Groundwater

Post Closure Care

Liners

Cover Soil

Reporting

Site Controls

No Gas Requirements

Groundwater

Post Closure Care

Double Liners

3

BACKGROUND

Inert Solid Waste

Construction and

Demolition (C&D) Waste

Municipal Solid Waste

(MSW)

Hazardous Waste

Low Perceived Risk

High Perceived Risk

Required Investment

Thousands$ Millions$ Millions$ Millions$

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BACKGROUND

INERT SOLID WASTE LANDFILLSEarth-like products, concrete, cured asphalt, rock, bricks, yard trimmings and land clearing debrisNot likely to produce leachate of environmental concern

Liquid that percolates through or is generated by the decomposition of waste material

PERMITTING OF INERT SOLID WASTE LANDFILLS IN GAPermit by rule provision (GA EPD 391-3-4.06) – since 1989

Notification within 30 days of operationMapDocumentation from local jurisdiction of compliance with E&SOperational requirements

Permitted Facilities Documented OnlineOver 2000 inert landfills in Georgia as of

March 2011

(2285 based on 2011 list)Over 1100 inert landfills in Georgia as of

August 2012

(1133 on EPD Database as of August 2012)

5

PERMIT-BY-RULE

6

PERMIT-BY-RULE

7

Inert Waste Only

Property Line

Layers of Least Practical Volume

1’ Cover Soil

Grading

Final Cover – 2’

100’ Buffer

PERMIT-BY-RULE

8

REGIONAL PERSPECTIVE (US EPA Region 4)

http://water.epa.gov/scitech/swguidance/standards/criteria/nutrients/region04.cfm

Clean Debris Land Clearing DebrisGeneral Permits

Permit By Rule – Structural Fill Landfills

Permit By Rule – Land Clearing and Inert Debris (LCID) Landfills (<2 acres)

PERMIT-BY-RULE

9

- How common are these?

- Recognized Environmental Condition (REC)?

PERMIT-BY-RULE RESULT

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PERMIT-BY-RULE RESULT

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PERMIT-BY-RULE RESULT

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PROPER CLOSURE??

PERMIT-BY-RULE RESULT

ACCORDING TO EPD RECORDS: Proper closure - 2251210 are individual subdivision lot inert waste pits that have been abandoned without notifying the homeowner.1100 still operate or have failed to notify the EPD of closure.Fewer than 100 submit the quarterly disposal reports.Many other environmental impacts exist.

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PERMIT-BY-RULE RESULT

Weatherwood SubdivisionEvacuated 30 families after elevated methane levels were detected in homes.Methane levels were generated by a construction debris landfill under homes.

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PERMIT-BY-RULE RESULT

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INERT WASTE REALITY

Env. Sci. Technol. 1997, 31, 911-917

PERMIT-BY-RULE RESULT

NEW RULES FOR INERT LEVELS:BuffersSurvey ControlsSiting RequirementsExplosive Gases ControlSequence of Filling (Documentation)Spreading/Compaction/Monthly CoverE&SVegetationFire ProtectionLimited AccessFinal gradingFinal CoverPost-Closure CareInsurance Requirements

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AMMENDED RULES

REQUIRES A PROFESSIONAL

ENGINEER

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Inert Waste Only

Property Line

Layers of Least Practical Volume

1’ Cover Soil

Grading

Cover

Monitor Explosive Gas

100’ Buffer

AMMENDED RULES

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AMMENDED RULES

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AMMENDED RULES

TOTAL ADDITIONAL COSTS

Published estimated by Hawkinsville City Manager –

$150,000 initially and $12,000 per year.

Post-Closure CareThe design must provide post-closure care for 30 years.Can be reduced but cannot be less than 5 years.

http://www.romenews-tribune.com/view/full_story/18906698/article-Inert-landfill-operators-object-to-rule-change?instance=home_news_lead_story

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AMMENDED RULES

GEORGIA HOUSE BILL 320

Subsection

(k) – Any inert waste landfill which, as of January 1, 2014, has been certified by a professional engineer registered in accordance with Chapter 15 of Title 43 as being in full compliance with all permit by rule requirements established in the rules and regulations of the division as they existed on January 1, 2012, may continue to operate under such permit by rule requirements.

Yea – 159

Nay – 8

Not Voting – 8

Excused - 5

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AMMENDED RULES

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Inert Landfill Compliance

Certifications

- PE will review the historical facility documents and certify compliance.

- “ I ________ (certifying P.E.) certify that the inert landfill listed above is/was in compliance with the following sections of the Rules for Solid Waste Management in Georgia (Rules), as they existed on January 1, 2012….”

AMMENDED RULES

April 19, 2023 23

INFORMATION REQUIRED DURING SUBMISSION• Copy of required initial notification• Assurance that only earth-like products….placed in landfill.• 100 feet of property line or structure [Survey Plan]• Field evaluation concerning layering of materials [photos]• Grading and drainage plans• Fire prevention measures• Copies of all tonnage reports• Other documents demonstrating compliance [zoning, erosion and sediment control plans; NPDES; community affairs regional impact.

AMMENDED RULES

AMMENDED RULES

Existing Inert Landfill

[In Compliance]

Existing Inert Landfill

[Out of Compliance]

New Inert Landfills

Certification Submittal

[December 31st 2013]

Cease Accepting Waste

[December 31st 2013]

Complete Closure

[June 1st 2015]

NEW RULES

APPROVEDDENIED

?

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OLD RULES

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POTENTIAL REGULATION IMPACTS

POTENTIAL IMPACTSOperator Opinion:

Takes many existing inert landfills out of complianceMakes them cost prohibitiveIncreases incentive for illegal dumping

EPD Opinion:Decreases the number of inert solid waste operatorsEmphasizes the beneficial reuse of materials

Market opportunities for waste companies?

April 19, 2023 26

POTENTIAL REGULATION IMPACTS

9/1/

2002

1/14

/200

4

5/28

/200

5

10/1

0/20

06

2/22

/200

8

7/6/

2009

11/1

8/20

10

4/1/

2012

8/14

/201

3

0

2

4

6

8

10

12

$0.00

$200.00

$400.00

$600.00

$800.00

$1,000.00

$1,200.00

$1,400.00

$1,600.00

$1,800.00

C&D Tonnage MSW S and P Price

Tonnage Reported(tons)

* National Bureau of Economic Research

Recession Start* Recession End*

April 19, 2023 27

POTENTIAL REGULATION IMPACTS

BENEFICIAL REUSEComposting FacilitiesMulching FacilitiesConcrete Recycling

Windrows at the ACC Commercial Compost Facility

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UNKNOWNS• Does the EPD have the capacity to oversee these changes?

•State budgets continue to shrink•EPD office closures in Savannah and Columbus•920 employees in 2002 reduced to 852 in 2011•Proper closure?

POTENTIAL REGULATION IMPACTS

IMPORTANT DATESDeadline to receive compliance certification

December 31, 2013 Deadline to stop accepting waste if you don’t receive a waste handling permit

December 1, 2014Deadline to complete closure of inert landfill if permit was not obtained

June 1, 2015

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SCHEDULE

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QUESTIONS?

http://upload.wikimedia.org/wikipedia/commons/7/7e/TurtleMound1915_ge0496.jpg

Turtle Mound Shell Midden

?