30. UNIVERSAL WASTE
Universal wastes include, but may not be limited to, dangerous waste batteries, mercury-containing thermostats and universal lamps generated by fully regulated dangerous waste generators or conditionally exempt small quantity generators.
30.1 INTRODUCTION
This chapter of the Douglas County Comprehensive Solid Waste Management Plan (DCCSWMP) outlines the regulatory framework overseeing universal waste, discusses the existing conditions and programs within the Regional Planning Area (RPA), establishes objectives to meet the existing and projected needs, identifies alternatives, and recommends actions for achieving the established objectives.
30.2 REGULATORY FRAMEWORK
30.2.1 Federal Requirements
40 CFR Part 273 regulates universal waste under Federal Law. The Universal Waste Rule, which was adopted by the Environmental Protection Agency (EPA) in May 1995, identifies four types of universal wastes; dangerous waste batteries, mercury-containing thermostats, fluorescent bulbs and HID lamps and pesticides. Universal wastes are certain dangerous wastes that are frequently generated and can be managed appropriately under less stringent regulatory requirements. The Universal Waste Rule set forth some reduced waste management standards for the identified four types of universal wastes.
30.2.2 State Requirements
Within Washington State, the Department of Ecology (DOE) adopted three of the four types of federally identified universal wastes; dangerous waste batteries, mercury-containing thermostats and universal lamps. The DOE regulate universal waste under WAC 173.303.573. The universal waste regulations applies to businesses that already generate dangerous wastes in regulated quantities, or to those businesses that generate enough dangerous waste at one time to cause them to be a regulated generator. These regulations provide for more streamlined and simplified management of the following identified universal wastes:
Dangerous Waste Batteries:
All batteries that are dangerous waste should be managed as universal waste except spent lead-acid vehicle batteries. Spent lead-acid vehicle batteries may continue to be managed under the lead-acid battery exemption outlined in WAC 173.303.520. Types of batteries that need to be managed as universal waste include; alkaline, mercuric-oxide, alkaline-manganese, zinc-carbon, button cell mercury-oxide, silver oxide, and lithium.
Mercury-Containing Thermostats:
Thermostats that contain mercury should be managed as universal waste. A thermostat is a temperature control device that contains metallic mercury in an ampule attached to a bimetal sensing element. Ampules removed from these thermostats should also be managed under WAC 173.303.573.
Universal Lamps:
The following are types of lamps that should be managed as universal waste unless you have information that shows that these lamps are not dangerous waste; fluorescent tubes, compact fluorescent, High Intensity Discharge (HID) lamps, metal halide, mercury vapor, high pressure sodium and neon. Universal waste lamp handlers and transporters cannot dispose of or treat universal lamps. This prohibition on treatment includes lamp crushing. Lamp crushing is considered a treatment-by-generator activity, subject to full regulation under the Dangerous Waste Regulations. Crushed lamps must be managed as dangerous waste unless they are shown to be non-dangerous through the designation process.
It is important to note that federal and state regulations require universal wastes to go to a Treatment, Storage, Disposal (TSD) facility or recycling facility.
30.2.3 Local Requirements
Douglas County
Any jurisdiction, agency, private corporation, individual or other entity wishing to import universal waste into Douglas County must conform to the Douglas County Solid Waste Importation Ordinance (DCSWIO). As specified within the ordinance, a formal Letter of Request to the Douglas County Board of Commissioners requesting that the application for solid waste importation be reviewed, is required. Only after the Douglas County Board of Commissioners has received a Letter of Request, will the review and approval process begin. The Douglas County Board of Commissioners will review the information contained within the Letter of Request with county staff and others. If it is determined by the Douglas County Board of Commissioners that sufficient information has been provided, and that all known adverse impacts have been identified, assessed and mitigated, the request may be approved.
Within Douglas County no person shall deposit, discard or otherwise dispose of any universal wastes upon any public place within the county or upon a private residence or other private property not owned by him/her, or in any waters within the county except:
- when such property is designated by the state or any of its agencies or the county for the disposal of universal waste, and such person is authorized by the appropriate permitting authority to so use such property;
- with the prior written consent of the landowner approving of such disposal upon their private property.
Additionally, within Douglas County all owners or persons in control of any private residence or other private property shall at all times maintain the premises free of any universal wastes that pose a risk to public safety or create a nuisance.
30.3 EXISTING CONDITIONS
30.3.1 Education
An education program has been in place since 1993 to inform the generators of the options available to them to properly dispose of or recycle their dangerous waste batteries. The program has utilized resources through the media (radio, newspaper), posters, brochures and direct personal communications. Community Recycling Center (CRC) posters, as well as brochures, are available through the Douglas County Solid Waste Program Office (DCSWPO). These posters and brochures have been distributed throughout the RPA announcing the location, hours of operation, phone number and point of contact for each of the CRCs.
30.3.2 Private Sector Collection Programs
A number of private sector retailers provide dangerous waste battery collection programs. These retailers sell battery operated electronics and the batteries to operate them. As part of their customer service they provide drop-off centers within their facilities to collect spent batteries. These retailers have been well established within the RPA for a number of years and have established a client base, primarily within the Greater East Wenatchee Area.
Map 30-1. Ni-Cd Battery Collection Facilities within the RPA
30.3.3 Ni-Cd Battery Collection Facilities
The DCSWPO, in conjunction with the Rechargeable Battery Recycling Corporation (RBRC) sponsor a nickel-cadmium (Ni-Cd) battery collection program. Only small-sealed, dry cell Ni-Cd batteries displaying the battery recycling seal are accepted by the RBRC. There are seven Ni-Cd battery collection facilities serving the RPA. The seven Ni-Cd battery collection facilities are open to the general public with established days and hours of operation. The seven Ni-Cd battery collection facilities serving the RPA are located at:
- City of East Wenatchee
Camera Shop
Sears
Verizon Phonemart
- City of Bridgeport Community Recycling Center
- City of Rock Island Community Recycling Center
- Town of Mansfield Community Recycling Center
- Town of Waterville Community Recycling Center
-
30.4 OBJECTIVES
30.4.1 Divert Universal Waste from the Municipal Solid Waste Stream
With federal and state regulations requiring that universal waste must go to a TSD facilities or recycling facility only, it is imperative that regulated generators divert their universal waste from the waste stream. Failure to divert universal waste from the waste stream can pose a potential financial liability to the regulated generator.
30.4.2 Ensure that Universal Wastes are Properly Managed
With regulated generators being responsible for the proper handling, collection, containing, labeling and disposal of their universal waste from the Ôcradle to grave', it is very important that regulated generators properly dispose of their universal wastes. Failure of a regulated generator to properly handle, collect, contain, label and dispose of their universal waste can pose a threat to the public health and safety.
30.4.3 Ensure that all Universal Waste being Disposed of Meet all Federal, State, and Local Regulations
With federal and state regulations specifying how universal wastes are to be handled, collected, contained, labeled and disposed of, it is very important that regulated generators be properly educated. Failure of a regulated generator to comply with these regulations can result in substantial penalties, fines and corrective actions.
30.4.4 Establish a Universal Waste Diversion Goal
It is the goal of the DCCSWMP to divert ten percent of all universal waste generated within the RPA.
30.5 ALTERNATIVES
30.5.1 Ban Residential Universal Waste from the GWRLF
Another way to increase source-separated recycling is to prohibit the disposal of residential universal waste into landfills. One problem associated with disposal bans is illegal dumping of the banned material. Therefore, an important component of a disposal ban is the development of alternative handling and disposal methods. For example, if residential universal wastes are banned from the solid waste stream, then a residential universal waste collection and recycling facility must be available, convenient and reasonably priced to accommodate the diverted material.
30.5.2 Restrict Disposal to Only Permitted and Approved TDS Facilities
By restricting universal waste to only permitted and approved TSD facilities, proper disposal, diversion and recycling opportunities will be available within the RPA. This will ensure that the facilities are operated in a manner that protects the public health and safety and the environment. As required by Chapter 173.303 WAC, all universal waste generated by a regulated generator must be disposed of at a permitted TSD facility. Facilities receiving regulated generator universal waste without meeting the requirements of a state permitted TSD facility are in violation of state law and subjected to potential financial liability.
30.5.3 Encourage Retailers to Implement Take-Back Programs
Retailers who sell universal waste products should be encouraged to implement a take-back program. This would allow the customer a convenient opportunity to dispose of their universal waste at no or at minimum costs. The DCSWPO could provide technical assistance to retailers what choose to implement a take-back program. The DCSWPO could assist the retailers by coordinating recycling options, by promoting the take-back programs, by offering workshops and similar assistance.
30.5.4 Encourage Utilization of Ni-Cd Battery Collection Facilities
With existing Ni-Cd battery collection facilities and take-back programs within the RPA the DCSWPO should promote the use of these facilities and programs. The DCSWPO should develop and distribute posters, brochures and flyers promoting the hours of operation and locations of these collection facilities. For those retailers who offer take-back programs the DCSWPO should develop and conduct a public awareness program utilizing radio spots, small informational pieces in the newspaper and advertising to promote their use. The DCSWPO should also conduct informational meeting throughout the RPA illustrating the benefits and diversion potential of these collection facilities and take-back programs.
30.5.5 Allow Universal Waste to be Collected at the Annual CESQG Collection Event
This alternative would allow Conditionally Exempt Small Quantity Generators (CESQG) to dispose of their universal waste at the annual CESQG Collection Event held in East Wenatchee. All CESQG universal waste would be collected and disposed of by a certified and licensed hazardous waste (HW) firm. All CESQG's who participate in this collection program would only be responsible for the actual disposal rate established by contract between the DCSWPO with the certified and licensed HW firm. This rate has been negotiated with the certified and licensed HW firm and is fixed at the agreed upon rate for the term of the agreement. All administrative, equipment, transportation, set-up and lab costs are borne by the DCSWPO. By participating in this collection program, CESQG's within the RPA are able to substantially save on their disposal costs and be assured of proper disposal of their universal waste.
30.5.6 Allow Residential Universal Waste to be Collected at Community Moderate Risk Waste Collection Centers
Because of the small volume of UW and the distance to travel, the cities of Bridgeport and Rock Island and the towns of Mansfield and Waterville should site community MRW collection centers within their jurisdictions. These community MRW collection centers would provide a local and convenient opportunity for the residents and CESQG to divert their UW from the waste stream. These community MRW collection centers would be classified as interim MRW facilities and would be regulated under Chapter 173.304 WAC. These community MRW collection centers would be staffed and have established operating hours in order to be convenient to the residents and CESQG. The community MRW collection centers would consist of EPA, OSHA and NFPA approved hazardous waste storage containers. Once installed at the Community Recycling Centers (CRC), these double walled, explosion proof and secondary containment storage containers would be available for UW. Each participating jurisdiction would be responsible for providing trained and certified personnel to staff the community MRW collection centers to assure proper storage and containment of the UW collected. The DCSWPO would re responsible for obtaining a certified and licensed HW firm to service the community MRW collection centers and to properly manifest, transport, store, process and properly dispose of the UW collected at the community MRW collection centers.
30.5.7 Allow Residential Universal Waste to be Collected at the Annual Household Hazardous Waste Collection Event.
Under this alternative the City of East Wenatchee would sponsor an annual Household Hazardous Waste (HHW) Collection Event for the Greater East Wenatchee Area. This would allow Greater East Wenatchee residents a convenient opportunity to dispose of their UW. Most households within the Greater East Wenatchee Area could utilize this annual service as their UW disposal method. The DCSWPO would assist the City of East Wenatchee by coordinating the collection event, obtain collection event personnel, promote the collection event, preparing a site specific health and safety plan, notifying the appropriate emergency management agencies, providing traffic control and other responsibilities as needed to assure a successful and safe collection event.
Additionally, the DCSWPO would be responsible for entering into an agreement with a certified and licensed HW firm. This agreement would specify which hazardous waste transporters would be hauling the collected UW, which TSD facilities would be receiving the UW and what method of processing and certification is provided to assure final destruction and release from liability. Under this agreement the certified and licensed HW firm would set up the collection site, provide certified and trained personnel, collect, manifest, transport, store, process and properly dispose of the UW collected at the HW collection event.
All participants wishing to dispose of their UW would be checked in to make certain that their UW conforms to the collection specifications, complete a collection event survey and then drop off their UW. All collected UW is to be properly manifested, transported, stored, processed and disposed of by the certified and licensed HW firm.
30.5.8 Allow Residential Universal Waste to be Disposed of at the GWRLF
This alternative would allow residential universal waste to be disposed of at the GWRLF. Currently, the GWRLF is permitted by the CDHD to receive residential universal waste. By allowing the GWRLF to continue to receive residential universal waste, the RPA would have a local disposal site that is in close proximity to the major source of residential universal waste, is convenient to the general public and meets all federal, state and local siting and regulatory requirements.
30.5.9 Export all Residential Universal Waste Outside the RPA
The major draw back to exporting residential universal waste outside the RPA is that any residential universal waste would have to meet the accepting landfill requirements, conditions and disposal rate. Currently, most public owned landfills do not accept out-of-county residential universal waste and the privately owned and operated landfills place very strict packaging and labeling requirements on its disposal. Both of these restrictions limit the availability of finding a landfill that would accept RPA residential universal waste or would make its acceptance cost prohibitive.
30.5.10 Develop a Universal Waste Education Program
The DCSWPO should develop a universal waste education program. This program would specifically provide the public and regulated generators with information on how to properly manage and dispose of their universal waste within the RPA. The program could provide information on what is universal waste, how is it regulated, how to properly manage it, how to properly package it, where to dispose of it and other similar information. The DCSWPO should develop brochures and information sheets to educate the public, regulated generators and regulatory authorities about how universal waste are to be managed properly.
30.5.11 Monitor and Track Universal Waste
The DCSWPO needs to monitor and track all universal waste to determine who is generating the universal waste, the volume and type of universal waste being generated, where it originated from, where it is being disposed of and how it is being disposed of. Without knowing these basic facts, it is impossible to properly manage the universal waste stream within the RPA. Therefore, the DCSWPO should establish a data tracking program that monitors and tracks all universal waste being collected, recycled and disposed of within the RPA annually.
30.6 RECOMMENDATIONS
30.6.1 Restrict Disposal to Only Permitted and Approved TSD Facilities
30.6.2 Encourage Retailers to Implement Take-Back Programs
30.6.3 Encourage Utilization of Ni-Cd Battery Collection Facilities
30.6.4 Allow Universal Waste to be Collected at the Annual CESQG Collection Event
30.6.5 Allow Residential Universal Waste to be Collected at the Annual Household Hazardous Waste Collection Event
30.6.6 Implement a Universal Waste Education Program
30.6.7 Monitor and Track Universal Waste