How Ohio And New York Have Met The Challenge

Establishing a set of acceptable standards for C&D landfills can be challenging for a state. For example, the Ohio EPA just recently finalized regulations governing C&D debris facilities.

In 1990, it was authorized to develop rules regarding C&D disposal facilities within one year. However, due to staffing and budget problems, a first draft was not issued until April 1992.

These initial rules received negative reactions, which in turn, caused the process to be postponed until 1994.

In an effort to involve all affected parties, the Ohio EPA hired a neutral environmental mediation consultant in 1994 to coordinate regulation negotiations.

The consultant proceeded to organize a regulation negotiation committee, which included representatives from public interest groups, disposal facility operators, debris generators, local health departments, townships, cities, counties and solid waste management districts.

The committee met frequently, and in 1995, additional operator and generator representatives joined the committee for further negotiations. The regulations were refiled in 1996.

The new state regulations agreed upon are more stringent than the federal:

* licensing of both new and existing C&D facilities by the local board of health is required;

* a groundwater quality monitoring system must be operated at facilities near an aquifer or well;

* all active, licensed disposal areas are required to have a recompacted soil liner, a cap system and a leachate collection system (existing sites do not have to add liners or leachate collection systems in filled areas, and they can install a vegetative cap on areas that did not take waste after the effective date of the rule);

* owners must document possession of funds for final closure; and

* C&D debris disposal facilities also may need to obtain permits from Ohio EPA for air pollution sources, wastewater discharges and storm water runoff.

New York's C&D regulations are even more stringent than those in Ohio:

* engineering drawings and closure and post-closure plans;

* landfill siting requirements including restrictions around primary water supplies, principal aquifers, and airports;

* an operations & maintenance manual for the landfill;

* a leachate collection system and treatment plan;

* a construction certification report; a liner system; a final cover; and

* a landfill gas control system.