Division of Waste Management Accomplishments 2003

DWM 2004 Accomplishments


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Division of Waste Management
The division continues to ensure protection of North Carolina’s natural resources and human health by preventing the unsafe management of waste and by quickly responding when wastes threaten human health and the environment.

The division more than doubled its 2004 goal to have clean 408 regulated sites to the point that they no longer need active cleanup activities. The division is also helping to create legislation that encourages economic stability through the redevelopment of historically unwanted properties with contamination. Incentives to reclaim use of these properties stimulate state and local economies and speeds environmental cleanups.

By evaluating and developing methods that prevent chemical releases to the environment, the division is working towards DENR’s vision of a cleaner environment, better conservation, protection, restoration and enhancement of our natural resources, healthier lives, a stronger economy and greater understanding of the interconnection and interdependence of people, other living things, and natural systems for the health, well being and benefit of all, now and in the future.

The Brownfields Program met a number of milestones in 2004 including hiring its full complement of staff under its U.S. EPA 128(a) cooperative agreement funds. The program now has six project managers. The program also completed a plan to coordinate with Asheville’s Land-of-Sky Regional Council and now stations one of its project managers in that facility. The inaugural Brownfields Workshop for Developers and Local Governments was held at N.C. State University in April and more than 170 attended. In July, the program brought its 100th site into the program and completed its 50^th brownfields agreement. As more sites come into the program, the committed private investment to redevelop brownfields in North Carolina increased from $550 million to $1 billion. In September, the program’s U.S. EPA 128(a) funding was renewed.

Programs continue to develop integrated database systems for DENR’s Internet Based Enterprise Application Management (IBEAM) structure. The goal is to meet current and future demands for quick access to site information needed for decision-making within and among programs. Web site changes were implemented to provide easier access to online information. Long-term information technology needs are also being evaluated. The work provides the opportunity to streamline processes to use available resources more effectively.

The division Health & Safety Team has worked to align the division safety program with DENR’s Safety Management System. The division has begun work to obtain N.C. Occupational Safety and Health Administration Public Sector Star accreditation in 2005. Developing more effective practices to protect employees and the public continues to be a division priority.

Solid Waste Section

Compliance/Enforcement

A precedent-setting illegal waste disposal case was won in April by DENR and the Attorney General’s Office. Forsyth County Superior Court granted a permanent injunction and forfeiture of gain against a landfill located in Winston-Salem that unlawfully accepted waste from construction sites. In addition to the court-ordered closure and site cleanup, the landfill operator was ordered to forfeit $643,000 in illegal profits. This case, which marks the first time the state won money earned by illegal waste activities, provides a new enforcement tool to combat illegal waste disposal.

Efforts to integrate DENR’s "Truth in Penalties Implementation Plan" initiatives and measure performance using DENR’s "Annual Enforcement Report" yielded these accomplishments:

Illegal Dumping

Develop and distribute a downloadable brochure to developers, haulers, local government employees and others in the regulated community. It explains illegal dumping and its consequences and provides data on contacts and how to report illegal dumping. The brochure also discusses legal liability (fines up to $5,000) for illegal disposal and offers contacts able to answer questions.

An illegal dumping poster has been developed and distributed for display in public places that include local government building permit offices and DENR’s regional offices.

Field Operations Enforcement

To improve enforcement consistency across the state, the section reviewed the MSWLF operational requirements part of the Subtitle D rules (.1626) and established compliance thresholds. The "Comprehensive Landfill Audit" guidance document was also revised to reflect the changes.

Permitting

Draft rules for construction and demolition landfills were finalized after a two- year development stage. Public meetings held statewide allowed the public the opportunity for comment. Comments received warranted a major revision. After the revised rules are published in the State Register, another round of statewide public hearings will begin.

Planning and Program Development

The 10-year update of the North Carolina Solid Waste Management Plan, which included the state’s first landfill capacity study, was completed. The landfill capacity report analyses disposal capacity in all 41 operational municipal solid waste landfills in North Carolina. The data is being analyzed to determine the impact of landfill closures, limited service areas and hauling distances on the state’s landfill capacity.

Disaster Assistance

A record number of hurricanes and/or tropical storms passed through North Carolina in 2004. Storms affected the easternmost or westernmost parts of the state.

Approximately 19 storm debris staging sites were approved and activated by the Solid Waste Section. A detailed list was made available on the Web to assist municipal operators and the public in cleanup operations across the state. All 19 sites remained open through early December.

Section field staff in affected areas provided technical assistance to local governments concerning the removal, separation, staging and eventual disposal of debris. Many of the mountain counties were ill-prepared to clean up, stage, process and dispose of the amount of debris caused by any major tropical storm --much less two tropical storms (Frances and Ivan) -- occurring within weeks of one another. For this reason, the Section continues to devote extensive amounts of time, attention and energy in the western part of the state.

As always, Section time and resources are continually directed toward post-event cleanup activities in any given year. This past year was no exception. Section staff continue working months after storm events (ice, hurricane and/or tropical) to help communities return to "normal."

Technical Assistance and Education

Field Operations Branch staff assisted Solid Waste Association of North America staff administer workshops on storm debris and methamphetamine lab waste management in addition to certifying landfill operators and training transfer facility operators. The Section developed a guidance document to help solid waste facility operators detect, identify and safely handle meth lab waste.

The Land Application and Composting Branch also conducted 10 training sessions for septage management firm operators and held nine training sessions for land application site operators.

Public Participation

The Section is using the public education and participation process it designed for proposed municipal solid waste landfills (MSWLFs). The process provides proposed facility neighbors and county residents a public forum where their concerns can be heard. Forum attendees receive general data about solid waste management, facts about their area’s past solid waste management activities and specific technical and operational facts about the proposed site. The meetings utilize small group formats to reduce confrontation and increase communication. The goal is to increase public confidence, knowledge and acceptance of these facilities. The process is currently being used for a proposed private MSWLF in Camden County.

Hazardous Waste Section

Environmental Indicators

The Corrective Action program worked with regulated facilities to control human exposures to contamination at four additional hazardous waste sites. This brings the total number of sites where human exposures are controlled to a total of 24 statewide. At four other sites, program staff worked to control hazardous wastes traveling through groundwater. There are now 19 sites across North Carolina where groundwater contaminated with hazardous waste has been controlled and contained. This work keeps the contamination from reaching source waters where it could spread and degrade water quality.

To demonstrate the effectiveness of hazardous waste compliance and enforcement cleanup efforts, the Section implemented and improved an "outcome measures" process. Hazardous waste staff ensured the safe management of more than 9,000 gallons and 577 tons of hazardous waste that would have been mismanaged otherwise. As a direct result of these actions, more than 485 people that could have been adversely affected were protected. More than 40 sites were entirely cleaned of hazardous waste and, as a result, have been labeled "no further action" status.

Waste Minimization

The Section implemented a program to support EPA’s National Waste Minimization Partnership Program. The Section mailed letters to 50 of the state’s largest hazardous waste generators encouraging them to take part in an effort to reduce 30 priority chemicals found in our nation’s hazardous waste. The Compliance Branch followed up the letters with site visits to further the effort. To date, two companies in North Carolina plan to enroll.

Data Management

The Section implemented five IBEAM modules for Hazardous Waste programs (Handler, Permitting, Corrective Action, Inspections and Enforcement.) IBEAM allows for real- time data sharing on an interoperable platform. With IBEAM’s introduction, the Section no longer needs to enter duplicate data into EPA’s Resource Conservation and Recovery Act Info database.

Superfund Section

The legislature placed an additional $1 million in the fund the program uses to pay North Carolina’s required 10 percent cost share for the cleanup of orphaned sites. The EPA uses federal funds to clean sites without responsible parties or where responsible parties are unable to pay for cleanup. Up to $50,000 of the amount will be used in Fayetteville to address contamination at the Texfi industrial site.

Federal 128(a) State and Tribal Response Program funding from EPA was awarded for Superfund to develop and enhance North Carolina’s response program for remedial action. The additional funds were used to hire two staff members in the State Voluntary Cleanup Program, which is also known as the State Inactive Hazardous Sites Program.

The Dry Cleaning Solvent Cleanup Program established its first four contracts to address dry cleaning sites in North Carolina. Dry Cleaning Solvent Cleanup Program legislation was modified to allow an increase in payment of past costs to dry cleaners that had performed cleanups in response to a state order. All payments allowable under the legislation have been made. The Dry Cleaning Solvent Cleanup Program has successfully transitioned from a reimbursement program to a program that is managed by the state.

Underground Storage Tank Section

The Section concluded its review of 2,840 petroleum spill incidents that had been deferred due to the passage of risk-based rules in 1998. These incidents were closed when appropriate or scheduled for further action that will lead to closure. The review began in 2000 and was finished in January 2004.

The section began making rules to require secondary containment for all non-tank components of underground storage tank systems. Section staff also began rulemaking to change the analytical requirements for soil and ground water samples taken at UST assessments and cleanups. The section returns the proposed analytical rules to the Environmental Management Commission for review in January 2005. The secondary containment rules are scheduled for July 2005 implementation.

Modified reasonable rates for laboratory procedures were established in May 2004. The modified rates, which are primarily based on competitive bidding, reduced the existing rate structure by almost 50 percent.

At legislative request in fall 2003, the Section implemented a system to focus fund resources on the incidents posing the highest risk to human health and the environment. The system was expanded and modified in September 2004.