Local Reuse for both latex and oil based paint; ▪ Increase above 25% most dependent on labor All oil based paint is blended for fuel by HW contractors Latex: 95% to Amazon; 5% WTE (2 counties) Alternative Daily Cover (10-15 smaller counties)
MPCA provides support to MN Counties Administrative: Administrative: Statewide waste management contracts; $; program development) Technical: Technical: facility management; site audits; training Educational: Educational: Toolkits; coordinate group work efforts Regular meetings: Regular meetings: with Metro and Regional Program Managers to discuss the above
Statutorily mandated (MPCA contracts with counties and regions) Consistency in programs Share ideas and resources Safety and Health Purchasing power We like each other!
Coordinated meetings to discuss program operations Hours/seasonal operations coordinating with retail to bulk or not to bulk More county/city collection sites due to lower level of regulation? Review draft contract language Liability language Insurance language requirements
Coordinate with HHW Programs to assess costs: Small survey sample: 9% labor; 50% disposal; 41% administrative Attend conference calls on roll out in other states Meetings to discuss Plan content and legislation (Garth)
Legislation Regulatory Plan Development Contracts with Counties
Much was determined during the first two failed attempts; no major changes before final passage in 2013 Legislation provides a basic framework: Subd. 2.Product stewardship program. For architectural paint sold in the state, producers must, individually or through a stewardship organization, implement and finance a statewide product stewardship program that manages the architectural paint by reducing the paint's waste generation, promoting its reuse and recycling, and providing for negotiation and execution of agreements to collect, transport, and process the architectural paint for end-of-life recycling and reuse. Implementation date: July 1 moved to Nov 1 Regulatory recourse: everyone stop selling paint! Subd. 3.Requirement for sale. (a) On and after July 1, 2014, or three months after program plan approval, whichever is sooner, no producer, wholesaler, or retailer may sell or offer for sale in the state architectural paint unless the paint's producer participates in an approved stewardship plan, either individually or through a stewardship organization.
PaintCare was the only entity that submitted a plan Plan reviewed, comments received by stakeholders; MPCA submitted comments to PaintCare. Final Plan due July 3 or 7… Main comments: Projected collection volumes Insurance and assurance Education clarifications
Included: “evidence of adequate insurance and financial assurance that may be required for collection, handling, and disposal operations” Plan is posted at: http://www.pca.state.mn.us/8kqwdry http://www.pca.state.mn.us/8kqwdry
Coordinate with your regulators before you finalize legislation! MN regulates businesses down to the drop; no one is conditionally exempt (CESQG vs. VSQG) Rules revised under “housekeeping” to regulate paint only collectors at the SQG level. Adjustments to Metro County Ordinances also required. Impact to county and state fees collected to run HW programs in MN
Level of regulation for collectors: all HHW is fully regulated once collected; same for VSQG waste ID numbers: must have one to drop off waste Licensing: $ Receipts: to demonstrate proper disposal Reporting: discussing nationally Changes to rules is difficult in MN
Guidance developed for Collectors and Generators located at: http://www.pca.state.mn.us/veiz8a8 ; scroll down to “Specific Wastes” look for painthttp://www.pca.state.mn.us/veiz8a8 May 29 th : Mailed guidance to ~3,200 businesses with the word “paint, wall coverings… etc. in the business name with a July 1 start. Will be re-mailing to the 3,200 businesses with the revised start date of Nov 1.
HHW Programs went through contract and provided comments to SWMCB and SWAA, which are the groups that develop policy for Metro and Greater MN solid waste programs Association of Minnesota Counties and Minnesota Counties Insurance Trust also weighed in. Template “for doing business in Minnesota” developed
Recitals revise the relationship Allows counties to continue to use established State Contract vendors. Reduced liability and insurance provisions. On-site services may require a different level of liability protection: bulking, transport, processing, reuse
Template was drafted and reviewed by 10+ county attorneys. HHW Programs commented on draft Draft submitted to PaintCare on June 3. Initial response from PC is that the insurance and indemnification provisions are lacking MN counties that PC provide specific examples of potential liability issues that they will have in Minnesota for merely reimbursing for services provided under the State contract.
HHW/VSQG Programs had businesses showing up with paint and demanding free disposal in May—word is getting out! Not many questions have come in to MPCA Removed HHW/VSQG sites from paint locator until closer to Nov 1 or when contracts are signed.
Those who draft legislation need to have a deep understanding of existing regulatory framework More regular communications sooner Staffing Future PS efforts; precedence and sustainability