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HomeMy WebLinkAboutR-1719 - Adopting a Street waste solids recycling and disposal policyr .*, CITY OF MARYSVILLE Marysville,Washington RESOLUTION NO./7/? A RESOLUTION OF THE CITY OF MARYSVILLE ADOPTING A STREET WASTE SOLIDS RECYCLING AND DISPOSAL POLICY. WHEREAS,the City of Marysville is keenly aware of the potential problems that may arise from the use of street sweepings,vactor grit,and other substances identified as "street waste solids"if such materials are not properly handled; and WHEREAS,the City has participated in conjunction with Snohomish County,the Snohomish Health District and other municipalities in review of an interim policy regarding street waste solids recycling and disposal which is intended to be consistent on a County-wide basis;and WHEREAS,it is the City's understanding that a policy is necessary on an interim basis until such time as such policies are adopted at the State level;NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS: The attached Policy Statement Regarding Street Waste Solids Recycling and Disposal with the effective date of January 1,1995 is hereby adopted as the interim policy of the City of Marysville until such time as a State-wide policy is available for adoption or until such time as this resolution is repealed. ~PASSED by the City Council and APPROVED by the Mayor this /3"''"\day of February,1995.\ CITY OF MARYSVILLE By Uur/MAM ATTEST: By ~P~yCLERK Approved as to form: By ~r:0J-Pc1? ~CITY ATTORNEY RESOLUTION /rrrv/waste.res -, •• SNOHOMISH HEALTH DISTRICT 3020 Rucker Everett, WA 98201 POLICY STATEMENT REGARDING Street Waste Solids Recycling and Disposal Environmental Health Division Solid Waste and Toxics Section (206) 339·5250 BACKGROUND· Solids collected during the cleaning of storm sewers. streets and drainage ditches (collectively referred to as "street waste solids") have often been used in the past by generators as general purpose fill material. However, street waste solids fall within the state definition of solid waste established under RCW 70.95.030, and typically fail Model Toxics Control Act standards for total petroleum hydrocarbon (WTPH 418.1 Modified) levels. As such, many generators are now disposing of this material in landfills at considerable (and many believe unjustifiable) expense. The State's Solid Waste Management Act, Chapter 70.95 RCW, promotes waste recycling (rather than landfill disposal) among its highest waste management priorities. The Snohomish Health District (Health District),in accordance with the Department of Ecoiogy's (Ecology)waste reduction and recycling objectives, is therefore promoting recycling options for street waste solids which protect both public health and the. environment. POLICY STATEMENT It is not the intent of this policy to establish a Health District program for formally regulating this type of material through a permit or routine inspection program. However, this interim policy will serve to guide Health District staff in assessing and directing street waste soiids disposal and/or recycling situations, on a complaint basis or when a request for assistance is received from a generator. This policy will remain in effect until a statewide guidance policy is promulgated by the Department of Ecology or until the policy is rescinded by the Health District. It should be noted that this policy has not been formally adopted or endorsed by the Department .of Ecology. However, this interim policy was developed in cooperation with Ecology personnel responsible for solid waste policy development, and the contamination levels and end-uses for street waste solids outlined in this document were originally drafted by Ecology staff. The Health District believes the criteria contained in this interim policy meet with the Department of Ecology's approval. It should also be noted that the Health District recognizes concerns expressed by many street waste solids generators regarding possible interferences (I.e. "false positives"resulting from the presence of vegetative matter) when using test method WTPH 418.1 Modified. The Health ~ict supports the generators efforts, through the work of the Snohomish County Vactor Grit Task Force, to resolve this issue to the satisfaction of both the generators and the Department of Ecology_Resolution of this question,and reliance upon a different test method for characterizing street waste solids;may allow additional recycling opportunities for this material that are not currently outlined in this policy. (1) .._-....__. ,., WASTE CHARACTERIZATION Test data indicate that most street waste solids are typically not dangerous (hazardous) waste as defined by the State Dangerous Waste Regulations, Chapter 173-303 WAC. Therefore, routine testing of street waste solids for dangerous waste criteria is not typically necessary. However, if the waste collector finds upon visual inspection that the waste exhibits unusual characteristics that would indicate excessive pollution,that waste should be handled by following accepted spill response protocol, or appropriate precautions should be taken to segregate the contaminated materials until they can be properly characterized and disposed of as a dangerous waste. Indications that a street waste solid may be a dangerous waste include an obvious odor of gasoline or other volatile solvents;obvious pooling or accumulation of petroleum products upon visual inspection; suspicion of the presence of extremely acidic or alkaline materials; signs of chemical reaction, etc. Testing of street waste solids for other constituents not necessarily specified in the State Dangerous Waste Regulations is necessary in order to determine contamination levels and identify appropriate end-uses as outlined in this policy. Sampling plans can be developed following guidelines for collecting samples from piles of contaminated soils, as outlined in the Department of Ecology's, Guidance for Remediation of Petroleum Contaminated Soils 91-30, or sampling plans can be individually developed with assistance from the Health District. Unless there is reason to suspect that other contaminants may be present, samples should be analyzed for TPH (using WTPH 418.1 Modified),plus the following metals:arsenic, cadmium, chromium,lead, and inorganic mercury (using "total metals"analysis).If test results consistently show the same outcome, the Health District will consider a reduction in the frequency, constituents or number of samples analyzed, as proposed by the generator. STORAGE Piles of contaminated street waste solids must be placed on a liner, such as asphalt, concrete, or other impervious material, to collect and control any liquids associated with the pile. Surface water run-on and run-off from the piles must be controlled and managed as required by State Water Quality Regulations to prevent surface and groundwater quality degradation. Generally this will be accomplished by covering the piles with plastic tarps during rainy periods, to prevent water infiltration and the possible production of contaminated run-off from the piles. Piles established on an impervious surface which drains to a sanitary sewer (Le. sewage .treatment plant) need not be covered. Appropriate steps must also be taken to contain and dispose of litter or other garbage associated with the street waste solids. It is recommended that street sweepings and vactor solids be stored in separate piles, due to the potential for differing levels of contamination. If vactor solids are being stored in conjunction with an operating vactor decant station, the dewatered solids should be stored as described above to prevent surface or groundwater quality degradation. EXCLUSION Street waste solids may be excluded from regulation as solid waste by the Snohomish Health District if it can be shown that: (2) 1 ) The collected or processed solids consist only of soils, sands, gravels or sediments, and garbage, refuse, vegetative debris and other solids contaminants have been removed;<lill! 2)Free liquids have been removed and appropriately treated and/or disposed of; and 3 ) Concentrations of chemical contaminants do not exceed cleanup values identified in Table 2, Method A Cleanup Levels - Soil, of the Model Toxics Control Act Cleanup Regulation (MTCA), WAC 173-340-740.(See Table 2 of this policy for partial list of contaminants.) Street waste solids must be handled as solid waste until it is determined that this exclusion applies. Such solids that have been excluded from solid waste regulation by the Snohomish Health District may be used in any manner that would not cause a threat to human health or the environment. In keeping with established Ecology guidelines, the Health District recommends that these solids not be used in or adjacent to wetlands, surface water, groundwater, drinking water wells, or plastic pipes carrying drinking water. The Health District also recommends that they not be used near food crop growing areas, as residential topsoil or for other residential uses. In addition, the Health District recognizes that street sweepings collected at certain times of the year may be nearly or entireiy vegetative matter (e.g. fallen leaves, needles and branches), as opposed to potentially contaminated soil, rock and grit. Likewise, some jurisdictions may have the equipment to separate out vegetative matter from mineral constituents. In instances when segregated or collected street waste solids contain little soil (l.e. less than 10% by volume), these wastes may be managed as yard debris and would not be subject to the sampling and testing requirements of this interim policy. The material managed as yard debris must be taken to a permitted or approved composting facility, composted by the municipality according to a plan of operation acceptable to the Health District, or otherwise properly managed as yard waste. Furthermore, it is the Health District's understanding that roadside ditch cleanings are unlikely to be contaminated unless such material is associated with a stormwater retention/detention system, a "biofilter" system or has been contaminated by a spill or other release. As such, ditching material not associated with one of these systems and presumed to be uncontaminated is excluded from this policy. Typically, clean ditching material can be segregated into vegetative and soil fractions, and recycled as yard waste (the sod fraction) and "clean" soil. Ditching material that may be contaminated must be stored, tested and handled in the same manner as other street waste solids covered under this policy. It is the generator's responsibility to visually inspect and otherwise determine whether the ditching material may be contaminated. RECYCUNG The State's solid waste statute,Chapter 70.95 RCW, prioritizes the need to recycle rather than dispose of waste. When considering recycling options for street waste solids, contaminant leveis . must be considered to insure that the final end-use does not compromise the health of the public or the environment. Until such waste is recycled, it continues to be regulated as solid waste. The following are options for street waste solids recyciing: (3) CLASS "A"STREET WASTE SOLIDS Class "A" street waste solids are those solids whose contaminants do not exceed levels established in Table 1 of this interim policy, and (for contaminants not identified in Table 1) whose levels do not exceed cleanup levels identified in Table 2, Method A Cleanup Levels·Soil, of the Model Toxics Control Act Cleanup Regulation, WAC 173-340·740. Street waste solids must be tested to determine a baseline for levels of regulated contaminants.(Refer to the Waste Characterization section of this policy for information concerning testing.) POTENTIAL ENDUSES-CLASS "A"STREET WASTE SOLIDS: • Road subgrade, parking lot subgrade, or other road construction fill. Must be used under or incorporated into asphalt or concrete paving, and the road must have a design which meets standards and specifications of the local jurisdictional authority (1). • Reuse as street traction sand (1). • Pipe bedding - excluding bedding around plastic (e.g. PVC, polyethylene) pipe used to convey drinking water (1)(2). •Utility trench backfill - excluding backfill around plastic (e.g. PVC, polyethylene) pipe used to convey drinking water (1)(2). • Controlled density fill - utilizing a design which meets standards and specifications of the local jurisdictional authority (1)(2). • Fill in commercial or industrial zones (1) (2)(3). • Any option approved for recycling of Class "B" street waste solids. • Other end-use as approved by the Snohomish Health District. Class "A" street waste solids cannot be reused for the end-uses listed above if they would be placed in an area which is likely to result in the contamination of ground or surface water, or lead to other potential environmental or public health problems (for example, a roadside ditch . likely to convey water). 1) Would first require removal of litter and vegetative matter. 2) The end-use should take into consideration potential human contact exposure both at the time of use and in the future. 3) This end-use requires the following actions be taken: (a)Completed fill must be "encapsulated" with two (2) feet or more of uncontaminated. relatively impervious soil. (4) .., (b)Completed fill site must be recorded on Deed with Snohomish County Auditor's Office, to include the following information: • Tax 1.0. Number(s) for fill area. • General description of fill location on tax iot, attach map. • Certification Statement regarding contaminant levels, for example: "I certify that the Class A street waste solids disposed here meet contaminant levels specified by Snohomish Health District's Interim Policy Concerning Street Waste Solids Recycling and Disposal. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the Class A Street Waste Solids contaminantlevels have beenmet." NOTE:All recycling end-uses must be conducted in compliance with specifications required by federal,state or local regUlations,or specifications required by a facility,manufacturer or vendor accepting the street waste solids for processing or recycling. Although use of Class "A"street waste solids in the manners outlined above is accepted as a prudent end-use by the Health District,certain end-uses may not be consistent with the Model Toxics Control Act Cleanup Regulation.Generators interested in pursuing these options are therefore advised to seek independent legal counsel before proceeding. CLASS "B"STREET WASTE SOLIDS Class "B" street waste solids are solids whose contaminant levels exceed Class "A" street waste solids contaminant levels, but do not designate as dangerous waste under Chapter 173-303 WAC. POTENTIAL END-USES·CLASS "B"STREET WASTE SOLIDS: • Pre-tab concrete manufacturing. NOTE: Facility manufacturing concrete must, in most instances,submit recycling permit application to the Health District for review and approval. • Portland cement manufacturing.NOTE:Facility manufacturing cement must, in most instances,submit recycling permit application to the Health District for review and approval. • Asphalt manufacturing.NOTE:Facility manufacturing asphalt must, in most instances, submit recycling permit application to the Heaith District for review and approval. (5) • Treatment at a contaminated soil treatment facility.NOTE:Facility treating contaminated soil must, in most instances, submit an application to the Health District for review and approval. • Daily cover or fill in permitted municipal solid waste landfills, provided that the street waste solids have been dewatered. Class "B" street waste solids cannot be used for final cover during a landfill closure. • Other end-use as approved by the Snohomish Health District. INAPPROPRIATE END-USES - CLASS "A" and CLASS "B" SOLIDS: • Department of Natural Resources surface mining reclamation (for example, gravel pit reclamations not specifically permitted as solid waste disposal sites). • On-site sewage disposal sand filter and/or mound system construction. • Cover or fill in an inert-demolition waste landfill. DISPOSAL Robert A. Pekich, Director Environmental Health Division Effective Date: January 1, 1995 (6) TABLE 1 MAXIMUM END-USE CONTAMINANT LEVELS FOR VACTOR AND STREET SWEEPING SOUDS ANALYTE ANALYTICAL METHOD MAXIMUM LEVEL (ppm) Heavy Fuel WTPH 418.1"2000 Hydrocarbons Modified (C24-C30) Diesel WTPH-D 500 (C12-C24) Gasoline WTPH·G 250 (C6-C 12) Benzene 8020 0.5 Ethylbenzene 8020 20 Toluene 8020 40 Xylenes (total)8020 20 .contaminants not identified in Table 1 must rneet levels established in MTCA Method A Cleanup Levels - Soil (Refer to Table 2 of this document).. To support the accuracy.ot test results.alternative testing protocols may be substituted upon approval by the Snohomish Health District. " The Health District recognizes concerns expressed by many street waste solids generators regarding possible interferences (I.e."false positives"resulting from the presence of vegetative matter) when using test method WTPH 418.1 Modified. (7) ".._.."_....--~--..,.~~.~..--------------------------------,______,cc=-c-=~~'_=_',______,---_, -.-. TABLE 2 MODEL TOXICS CONTROL ACT (CHAPTER173-340WAC) METHOD A CLEANUP LEVELS - SOIL ANALYTE ANALYTICAL METHOD MAXIMUM LEVEL (ppm) Arsenic Total Metals Analysis 20 Cadmium Total Metals Analysis 2.0 Chromium Total Metals Analysis 100 Lead Total Metals Analysis 250 Mercury (Inorganic) Total Metals Analysis 1.0 PAHs (Carcinogenic) 8270 1.0 PCB Mixtures 8080 1.0 TPH (Heavy Fuel Hydrocarbons) WTPH 418.1 Modified 200 TPH (Diesel)WTPH-D 200 TPH (Gasoline)WTPH-G 100 NOTE:Refer to Table 2,Method A Cleanup Levels - Soil, of the Model Toxics Control Act Cleanup Regulation,Chapter 173-340-740, for complete listing of substances. 121394/dmb (8)