Inert Waste

34. INERT WASTE

Is any non-combustible, non-dangerous solid waste that is likely to retain their physical and chemical structure under expected conditions of disposal, including resistance to biological attack and chemical attack from acidic rainwater.

34.1 INTRODUCTION

This chapter of the Douglas County Comprehensive Solid Waste Management Plan (DCCSWMP) outlines the regulatory framework overseeing inert wastes, 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.

34.2 REGULATORY FRAMEWORK

34.2.1 Federal Requirements

Federal regulations do not prohibit the disposal of inert wastes into permitted landfills, other than contaminated inert wastes. But, as with any non-hazardous solid waste, the Resource Conservation and Recovery Act (RCRA) emphasizes recycling, reclaiming or reuse whenever possible and then the markets are available.

34.2.2 State Requirements

The State of Washington Department of Ecology (DOE) does not prohibit the disposal of inert wastes into permitted landfills. The DOE does allow inert waste to be disposed of into less regulated landfills per Chapter 173.304 WAC. These regulations apply to landfill units that receive only inert wastes, including facilities that use inert waste as a component of fill. All inert waste landfills must meet the following requirements:

- performance standards;

- location standards;

- design standards;

- operating standards;

- closure and Post-Closure requirements;

- financial Assurance requirements;

- permit application requirements.

Under Chapter 173.200 WAC no waste material may be disposed of in a special protection area. Special protection areas shall include, but not be limited to, the following:

- ground waters that support a beneficial use or an ecological system requiring more stringent criteria than drinking water standards;

- ground waters, including, but not limited to, recharge areas and wellhead protection areas, that are vulnerable to pollution because of hydrogeologic characteristics;

- sole source aquifer status by federal designation.

Inert waste that meet the criteria as a dangerous waste must be disposed of according to the requirements of Chapter 173.303 WAC.

34.2.3 Local Conditions

City of Bridgeport

The City of Bridgeport has adopted Appendix Chapter 33 of the Washington State Uniform Building Code (UBC). This appendix sets forth rules and regulations to control excavation, grading and earthwork construction, including fills and embankments; establishes the administrative procedure for issuance of permits; and provides for approval of plans and inspections of grading construction.

City of East Wenatchee

The City of East Wenatchee has adopted Appendix Chapter 33 of the Washington State Uniform Building Code (UBC). This appendix sets forth rules and regulations to control excavation, grading and earthwork construction, including fills and embankments; establishes the administrative procedure for issuance of permits; and provides for approval of plans and inspections of grading construction.

City of Rock Island

The City of Rock Island has adopted Appendix Chapter 33 of the UBC. This appendix sets forth rules and regulations to control excavation, grading and earthwork construction, including fills and embankments; establishes the administrative procedure for issuance of permits; and provides for approval of plans and inspections of grading construction.

Town of Mansfield

The Town of Mansfield has adopted Appendix Chapter 33 of the UBC. This appendix sets forth rules and regulations to control excavation, grading and earthwork construction, including fills and embankments; establishes the administrative procedure for issuance of permits; and provides for approval of plans and inspections of grading construction.

Town of Waterville

The Town of Waterville has adopted Appendix Chapter 33 of the UBC. This appendix sets forth rules and regulations to control excavation, grading and earthwork construction, including fills and embankments; establishes the administrative procedure for issuance of permits; and provides for approval of plans and inspections of grading construction.

Douglas County

Any jurisdiction, agency, private corporation, individual or other entity wishing to import inert 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 their 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 potential 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 inert waste upon any public place within the county or upon a private residence or other private property now 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 solid 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 inert waste that pose a risk to public health and safety, the environment or create a nuisance.

Douglas County has adopted Appendix Chapter 33 of the UBC. This appendix sets forth rules and regulations to control excavation, grading and earthwork construction, including fills and embankments; establishes the administrative procedure for issuance of permits; and provides for approval of plans and inspections of grading construction.

34.3 EXISTING CONDITIONS

Both inert debris and wastes are generated within the RPA at a rate that is proportional to construction activity at any given time. Therefore, the volume of inert debris and waste is directly dependent upon the economic climate and business growth within the RPA.

Within the RPA there are three permitted inert waste disposal sites. The three permitted disposal sites within the RPA are:

- the Greater Wenatchee Regional Landfill and Recycling Facility;

- the T.R. Miller Orchard Demolition and Inert Waste Landfill;

- the Lux Pit Inert Waste Landfill.

The Greater Wenatchee Regional Landfill and Recycling Facility (GWRLF) does not break out the volume of inert waste collected annually, but rather includes it in their annual total of municipal solid waste. The GWRLF charges a reduced commercial rate for contractors disposing of inert wastes. For non-contractors, the normal residential disposal rate is charged.

The T.R. Miller Orchard Demolition and Inert Waste Landfill received 1,276 cubic yards of inert waste in 1999, has a total capacity of approximately 26,000 cubic yards and a remaining site life of nine years. The T.R. Miller Orchard Demolition and Inert Waste Landfill is operated by Pipkin Construction, who restricts its use and charges a fee for those who are allowed to use it.

The Lux Pit Inert Waste Landfill is operated by the Douglas County Transportation and Land Services Department (TLS). It has an estimated capacity of 108,500 cubic yards, with a site life of ten years. The primary user of the Lux Pit Inert Waste Landfill is TLS, however contractors may use the facility once they enter into an agreement with TLS and agree to pay a per cubic yard disposal fee. TLS restricts the acceptable inert waste to the following:

- asphalt;

- bituminous concrete;

- brick;

- concrete;

- masonry;

- non-contaminated sand;

- non-contaminated soil;

- rock

The traditional methods of handling inert waste within the RPA include limited recycling, stockpiling and burial. The disposal option is decided upon primarily by the contractor, though the generator is ultimately responsible. A typical disposal of inert waste might involve stockpiling the material on a private individual property by the contractor for future use or burying the material on a private individual's property as fill.

Map 34-1. Inert Waste Landfills within the RPA

The inert waste stream within the RPA has expanded in the past few years due to increased excavation and grading and construction and demolition, primarily within the Greater East Wenatchee Area. Accurate information on inert waste generated within the RPA is complicated by:

- lack of oversight, reporting and record keeping;

- stockpiling and burial as described above;

- traditional disposal of inert wastes at unpermitted and illegal dump sites.

34.4 OBJECTIVES

34.4.1 Ensure that Inert Debris and Wastes are Properly Managed

With generators and contractors being responsible for the proper management of their inert debris and waste, it is very important that the generators and contractors properly dispose of their inert debris and waste. Failure of a generators or contractor to properly manage their inert debris and waste can pose a threat to the public safety and the environment.

34.4.2 Ensure that all Inert Waste Landfills Meet all Federal, State, and Local Regulations

With state regulations specifying how inert waste landfills are to be operated, and with local regulations specifying how and where grading and excavation spoils can be placed and managed, it is very important that the generator or contractor of these facilities and operations be properly educated. Failure of a generator, contractor or facility owner to comply with these regulations can result in substantial penalties, fines and corrective actions.

34.4.3 Ensure that Programs Reflect Local Conditions

With the tendency of regulatory agencies to have a one-size fits all approach, it is imperative that all programs be locally supported and accepted. Because of the rural character of Douglas County and its cities and towns, all programs should reflect conditions that exist locally and not be driven by what the DOE deems as efficient or cost effective.

34.4.4 Ensure that Generators and Contractors have an Opportunity to Recycle

With restrictions placed upon how and where inert debris and waste can be disposed of, it is imperative that generators and contractors have convenient and economical recycling opportunities available. Failure to provide such opportunities may lead to improper disposal and possible enforcement action against the generator or contractor.

34.4.5 Establish an Inert Waste Diversion Goal

It is the goal of the DCCSWMP to divert fifty percent of all inert waste from the municipal solid waste stream within the RPA.

34.5 ALTERNATIVES

34.5.1 Ban Inert Debris and Waste from the GWRLF

Another way to increase source-separated recycling is to prohibit the disposal of inert debris and waste into the GWRLF. 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 inert debris and waste disposal is banned from the solid waste stream, an inert debris and waste collection and recycling facility must be available, convenient and reasonably priced to accommodate the diverted material.

34.5.2 Restrict Disposal to only Permitted and Approved Facilities

By restricting inert debris and waste disposal to only permitted and approved facilities, proper disposal, diversion and recycling opportunities will be available within the RPA. This will ensure that the facilities are operated in a manner which protect the public health and safety and the environment. However, there are currently many non-permitted collection and disposal sites within the RPA. As required under Chapter 173.304 WAC, all solid waste facilities are to be permitted by the Chelan-Douglas Health District (CDHD) and inspected at least annually. Facilities failing to obtain or apply for a solid waste facility permit are considered to be illegal dumpsites, and are in violation of state law and local regulations.

34.5.3 Site and Permit a Number of Limited Purpose Landfills within the RPA

With only two permitted limited purpose landfills within the RPA currently, and with their use restricted, additional facilities should be sited and permitted within the RPA. The actual number of limited purpose landfills would depend upon the volume of material available, the geographical location of the facility in proximity to the source of material, convenience to the public and/or generator and federal, state and local siting and permit requirements. If the limited purpose landfills were to be sited in close proximity to the sources of material and were convenient to the public and/or generator the disposal, diversion and recycling of the collected material would most likely take place. However, if too many limited purpose landfills are sited and permitted within the RPA the overall available volume is dispersed to the point that the facilities may not be able to receive enough material to sustain their operation.

34.5.4 Site and Permit a Number of Inert Waste Recycling Facilities within the RPA

A number of inert debris and waste recycling facilities should be sited and permitted within the RPA. The actual number of inert debris and waste recycling facilities would depend upon the volume of inert debris and waste available, the geographical location of the facility in proximity to the source of inert debris and waste, convenience to the public and/or generator and federal, state and local siting and permit requirements. If the inert debris and waste recycling facilities were to be sited in close proximity to the sources of inert debris and waste and were convenient to the public and/or generator, the diversion and recycling of the collected inert debris and waste would most likely take place. However, if too many inert debris and waste recycling facilities are sited and permitted within the RPA, the overall available volume of inert debris and waste would be dispersed to the point that the facilities may not be able to receive enough inert debris and waste to sustain their operation.

34.5.5 Develop an Inert Waste Technical Assistance Program

The DCSWPO could offer assistance to inert debris and waste generators by conducting workshops, providing regulatory guidance and on-site consultation. These services could offer the generator valuable assistance in gaining experience and knowledge that could take months or years to develop without outside assistance. For example, by utilizing the DCSWPO Resource Center the generator would have access to federal, state and local regulation, requirements and guidance as it pertains to the proper management of inert debris and waste.

34.5.6 Develop an Inert Waste Education Program

The DCSWPO should develop an inert debris and waste education program. This program would specifically provide generators with the requirements, methods and options available to them to properly manage their inert debris and waste. The program could provide information on what is inert debris, inert waste, how is it regulated, where it can be disposed of, and other similar information. The DCSWPO should develop brochures and information sheets to educated the public, generators and regulatory authorities about how inert debris and waste is to be managed properly. Existing inert debris and waste recycling facilities should be promoted and the reuse of inert debris and waste should be stressed over landfilling.

34.5.7 Monitor and Track Inert Waste

The DCSWPO needs to monitor and track all inert debris and waste to determine who is generating the inert debris and waste, the volume of inert debris and 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 solid waste stream within the RPA. Therefore the DCSWPO should establish a data tracking program which monitors and tracks all inert debris and waste disposed of within the RPA annually.

34.6 RECOMMENDATIONS

34.6.1 Restrict Disposal to only Permitted and Approved Facilities

34.6.2 Site and Permit a Number of Inert Waste Recycling Facilities within the RPA

34.6.3 Implement an Inert Waste Technical Assistance Program

34.6.4 Implement an Inert Waste Education Program

34.6.5 Monitor and Track Inert Waste