NC DENR Update DWM

2014 Section Meeting Outline DENR Goals DWM State Plan Division Areas of Focus

NC DENR Goals Sustaining Water for the Future -prevention of releases -cleanup of contamination Growing a Green Economy - alternative energy projects (solar, methane, biofuels) -electronics recycling Conserving Natural Areas and Sustaining Working Lands -redevelopment of contaminated properties NC DENR Division of Waste Management

Solid Waste Program Regulates safe management of solid waste through guidance, technical assistance, regulations, permitting, environmental monitoring, compliance evaluation and enforcement, facility inspections, complaint investigation, waste management and planning, tax certifications, and emergency/disaster response.

Solid Waste Program Structure Composting and Land Application Field Operations Permitting Planning and Programs The Solid Waste Program consists of four branches encompassing staff stationed across the state.

Field Operations Facility Compliance Assures compliance with State Laws and Rules through periodic inspection of permitted facilities, environmental monitoring and remediation, providing training and technical assistance, and enforcement action as required. Complaint Investigation / Illegal Dumping Responds to complaints regarding the improper management of solid waste, often in the form of illegal disposal. Financial Assurance Assists applicants or permit holders with securing mechanisms to pay the costs of assessment and remediation in the event of a release of pollutants from a facility, closure of the facility in accordance with all applicable requirements. Tax Certifications Provides certification for property tax exemption for the equipment, buildings, and land used exclusively in the recycling of and/or resource recovery from solid waste. Program provides economic benefit to between businesses across the state yearly. Emergency / Disaster Recovery Assures the proper management of solid waste (disaster debris) through approval of temporary debris staging and storage sites, and providing training and technical assistance to local, state, and federal agencies as well as citizens and businesses statewide.

Application Processing Provides a statewide permitting program for all solid waste management facilities. The purpose is to regulate the storage, collection, transport, separation, processing, recycling, and disposal of solid waste in the most economically feasible, cost-effective, and environmentally safe manner in order to protect public health and the environment. Technical Assistance Provides technical and regulatory assistance to local governments, industry, consulting engineers and the general public for all aspects of solid waste management including recycling, resource recovery, alternative technologies and management strategies. Alternative Uses Provides technical and regulatory assistance for alternative uses and management strategies for solid waste facility, or various solid wastes. Landfill gas projects, solar farms, or beneficial use of coal ash are examples of projects participated in. Permitting

Composting & Land Application Septage Management Responsible for assuring that septage is managed in a responsible, safe and consistent manner across the state. Composting Responsible for the issuance of the four types of Solid Waste compost permits that manage a variety of feedstocks (yard waste – food waste) Land Application Issue approvals for the beneficial reuse of materials in agronomic settings (tobacco dust, wood ash, gypsum)

Facility Annual Reporting Oversee collection and analysis of information from permitted facilities as required by General Statute for use in planning, reports, and presentations White Goods Administer grant program and provide technical assistance to help local governments manage white good waste, which is banned from disposal in landfills by General Statute Scrap Tires Administer grant program and registration program, lead enforcement actions, to help local governments manage scrap tires, which are banned from disposal in landfills by General Statute Electronics Administer registration of electronics manufacturers, fee collection, and funds distribution to help local governments manage electronic waste, which is banned from disposal in landfills by General Statute Medical Waste Approve technology for treatment of medical waste in the state and provide technical assistance for the handling, treatment, and disposal of medical waste to public Coal Combustion By-product Generator Reports Oversee collection of information from facilities in the state that generate coal combustion by-products as required by Rule Planning and Programs

Solid Waste Program Worked to maintain adequate disposal capacity for the State (32 yrs) Permit lined landfills for the safe disposal of coal combustion residuals Storm Events (hurricanes, etc.): staff on call 24/7, 346 disaster debris sites, 54 new sites in FY13-14; March 2014 ice storm disaster declaration Electronics, Scrap Tire, White Goods, HHW FY compliance rate for permitted facilities: 96% Nearing completion of the State Solid Waste Plan

Solid Waste Program Challenges Management of cathode ray tubes Increasing responsibilities of staff, resources Permitting of alternative technologies Complexity facility designs - movement towards liners and leachate collection systems and increased interest in non- disposal alternatives. Illegal Dumping: Directing the removal on average of approximately 250,000 cubic yards of waste from illegal dumps each year. Number of customers served 9.7 million citizens 100 county governments 550 municipal governments 2900 facilities/sites SB 734 GS 130A Financial Assurance HB 45 (2011) GS 130A -310 Risk based Coal ash and regulatory reform NC DENR Division of Waste Management 11

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Recent events (Winston Salem Regional Office Move) This month!!! 450 Hanes Mill Rd

Solid Waste Hiring Forecast Section Chief position Coal ash positions Western District ESS position

Ice storm / Training Implementation of the Solid Waste Act of 2007 Increased environmental controls Financial responsibility implementation Storm Events (hurricanes, etc.): staff on call 24/7, 346 disaster debris sites, 74 new sites in 2011 Electronics Recycling Implementation Coal ash Coal ash Financial assurance Financial assurance Technical assistance Technical assistance Solid Waste Program Successes

Implementation of the Solid Waste Act of 2007 Increased environmental controls Financial responsibility implementation Storm Events (hurricanes, etc.): staff on call 24/7, 346 disaster debris sites, 74 new sites in 2011 Electronics Recycling Implementation

Environmental Management Commission Who did we report to? Members Areas of focus Recent interaction with members

Maintaining Attention on Disposal Infrastructure Effectiveness of Leachate Systems Review design of unlined C&D Landfills Evaluate Landfill Capacity

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Improvements in billing E Payment Tracking

Solid Waste Program Recommendations Continue to coordinate efforts among local government and industry to ensure disposal capacity is available in all areas within North Carolina. Evaluate funding needs of the scrap tire program to ensure ongoing effectiveness of the program and to propose adjustments, if needed, to current distributions. Continue to evaluate the funding needs of the white goods program to ensure the ongoing effectiveness of the program and to propose changes, if needed, to distributions.

Overarching Themes in Plan Reducing disposal while maintaining robust oversight of waste management facilities. “Materials Management” – maximizing recovery of commodities to feed to North Carolina’s economy. Preparing for new challenges – new types of facilities, new waste streams, etc. Improving the ability of NC to respond to disasters and infrastructure needs. Expanding and improving customer engagement and support.

Improving Local Government Recycling Infrastructure Cart Based Curbside Efficient Convenience Centers Rural Recycling Transfer Stations Public Space Recycling Electronic s Collection Collection of New Materials

Sonoco Recycling, Charlotte Unifi, YadkinvilleClear Path, Fayetteville GEEP, Durham Expanding Private Recycling Investment Danny’s Dumpster, Asheville Abbey Green, Winston-Salem

Growing Private Sector Recycling Jobs Total estimated annual payroll for North Carolina recycling businesses is $442 million. 45% of recycling businesses surveyed anticipate creating more jobs during the next two years. Recycling companies invested $79.6 million in equipment, facilities and land from % of recycling businesses surveyed plan on investing $47.3 million in equipment, facilities or land in the next two years.

Attention to Special Wastes Hydraulic Fracturing Wastes Coal Combustion Residuals Medical & Pharmaceutical Wastes Brown Grease Septage Household Hazardous Wastes

Improving Management of Disaster Debris Post-Event Communication Assist with pre- event approval of Disaster Sites and Plans Education and Awareness

Division Areas of Focus Brownfields (Geoff and Labeed) Superfund (Inactive Hazardous Sites) Coal Ash Risk Based Remediation Laser Fische

Includes the following (numbers are approximate): 1930 Inactive Hazardous Sites 676 Pre-Regulatory Landfills 302 Dry-Cleaning Solvent Cleanup Act (DSCA) Sites 8000 Underground Storage Tank (UST) Incidents 2000 Aboveground Storage (AST) Incidents Currently known contamination sites in North Carolina

“Abandoned, idled, or underused property where redevelopment is hindered by real or perceived environmental contamination.” By Definition: “Abandoned, idled, or underused property where redevelopment is hindered by real or perceived environmental contamination.” What is a Brownfield? Beyond Definition: An Opportunity  Price is often right  Offers pre-existing infrastructure  Reuse of idle or abandoned property  Tax Incentive available  Environmental liability can be defined  Offers viable investment opportunity that can compete with “Greenfields”

Brownfields Directive From General Assembly Potential purchasers and developers of brownfields and other parties who have no connection with the contamination of the property, including redevelopment lenders, should be encouraged to provide capital and labor to improve brownfields without undue risk of liability for problems they did not create, so long as the property can be and is made safe for appropriate future use.

NC Brownfields Program Brownfields Agreement: Available only to Prospective Developers (PDs) who: – Desire to redevelop (buy or sell) a brownfields Property – Did Not Cause or Contribute to Site Contamination Does Not Affect State’s Ability To Enforce Against Responsible Party

The Brownfields Agreement  Defines the actions PD must take to make site safe for the intended reuse using a combination of:  Risk-based cleanup/mitigation  Land use restrictions  Runs with the Land  Provides PD and future owners with liability protection from the State in the form of a “Covenant-Not-To-Sue” for the contamination (Frees up Lender Financing)  Annual Certification by owner that Land Use Restrictions are in Compliance

Why Get a Brownfields Agreement?  Reasonable Cost Certainty  Reduced Uncertainty fosters Business Decisions  Public Health Protection  State Covenant Not-To-Sue instead of “No Further Action” Letter  Statutory Federal Liability Protection  Tax Incentive

 318 Completed Brownfields Agreements  $9.8 billion in facilitated private investment  47 Completed in FFY 2014  120 in pipeline  Breaking Financing Barriers: Lenders requesting BF Agreements as trigger to release loan funds The NC Brownfields Program Where We Are

The NC Brownfields Program 2014

Where We Are

Pre-Regulatory Landfill Unit Inactive Hazardous Sites Branch, Superfund Section 61 sites in assessment (this includes 5 sites under the local government provision) 12 sites in remedy Anticipate fund expenditures to continue to increase as more sites enter into remedy phase and the fund surplus to decrease over the next three years

From Former Alpha Mill to Alpha Mill Apartments Abandoned Textile Mill, circa 1888 and Chromium Electroplater, circa 1955 Alpha Mill Apartments bordering uptown Charlotte Preservation of historic architectural heritage

From Alamac Textiles to Penco Metal Products - Hamilton Hamilton, Martin County 300 manufacturing jobs replaced those lost by Alamac Textiles bankruptcy Brownfields Agreement facilitated Dept. of Commerce recruitment School locker manufacturer relocates manufacturing operations to 400,000 ft 2 former textile mill.

From Former Almont Shipping Co. to PPD World Headquarters - Wilmington PPD World Headquarters in downtown Wilmington, 400,000-ft 2, and 1,800 workers Abandoned Fertilizer Stockyard/Shipping Facility

Abandoned chemical wastes Spills and disposal of various chemicals on manufacturing and other properties Residential properties with contaminated soils/groundwater from previous uses or discharges by homeowner Pre-Regulatory Landfills Established by legislation in % of sites in the program are considered high priority, based on the following criteria: -Water supply well on landfill or within 1000 ft. of landfill -Residence or other high-risk uses on landfill -Explosive levels of methane present -Surface drinking water intake within 1000 ft. of landfill -Church, school or daycare within 1000 ft. of landfill NC DENR Division of Waste Management Inactive Hazardous Sites include the following categories of historic contaminated sites:

History of NC State Solid Waste and Materials Management Planning The Solid Waste Management Act of 1989 required a 10-year State Solid Waste Management Plan. The first 10-year plan was completed in Required plan items outlined in G.S. §130A

NC State Solid Waste and Materials Management Planning Process NC DENR staff-driven process Collaborative effort between DWM and DEACS Process involved review of current solid waste and materials management in NC, setting of broad objectives, and development of detailed actions. Extensive public feedback process using presentations, meetings, a widely distributed survey, and open Web input.

Compliance / Tech Assistance / Training Compliance Orders (7 total, 5 septage) Compliance Rate Technical assistance Training

Permitting Coal ash, coal ash Randolph New technologies

Programs and Planning Branch – Solid Waste Section Division of Waste Management State Solid Waste and Materials Management Plan

Work with local programs for the prevention and management of illegal dumping Customer Service/Training – Public Engagement Online Record s Web Training Outreach Materials Customer Service Training Operator Certificatio n Training Expan d GIS Permit Trackin g DENR Goal To provide outstanding educational and recreational opportunities that promote economic growth and environmental literacy, resulting in excellence in stewardship of environmental and natural resources. DENR Goal To instill and achieve excellence in customer service Recycling Outreach Campaigns External Training Accredited Educational Opportunities Develop training that speaks to Industry Needs