What’s in your Trash? - Confex 1000AM...What’s in your Trash? Dumpster Audits & Hazardous Waste Enforcement Cases in California Amy Martinez, CHMM Project Manager CB&I Environmental

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A World of Solutions

What’s in your Trash?Dumpster Audits & Hazardous Waste

Enforcement Cases in California

Amy Martinez, CHMMProject Manager

CB&I Environmental & Infrastructure, Inc.September 1, 2015

A World of Solutions 2

Laws and Regulations

California Enforcement Actions

Case Study – How to Complete a Self Directed Dumpster Audit

– Planning and Logistics of a Dumpster Audit

– Data Analysis and Presentation

What’s Next?

Outline



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As part of an official investigation being conducted by the XXX District Attorney's Office and the California Attorney General, pursuant to California Health & Safety Code sections 25180(a)(1), and 25182, we are requesting the assistance of your company, XXX, in allowing our investigators to inspect the contents of a 50‐yard roll‐off bin and (2)3‐yard bins belonging to the XXX facility located at XXX in the City of XXX.

Violation of the Health and Safety Code, Division 20, Chapters 6.5 and 6.95 and Business & Professional Code Section 17200 et seq. Involving violations of hazardous waste management, record keeping, transportation and disposal, training, permit, manifest, and business inventory / emergency plan requirements.



California Health & Safety Code

25180. (a) (1) Except as provided in paragraph (2), the standards in this chapter and the regulations adopted by the department to implement this chapter shall be enforced by the department, and by any local health officer or any local public officer designated by the director.

25182. Every civil action brought under this chapter at the request of the department or a unified program agency shall be brought by the city attorney, the county attorney, the district attorney, or the Attorney General in the name of the people of the State of California, and any such actions relating to the same processing or disposal of hazardous wastes may be joined or consolidated.



Cal. Health & Safety Code § 25100 et seq., and Title 22 of the California Code of

Regulations

“Cradle to Grave” Scheme – Basis for Hazardous Waste Program

Purpose: Regulate the management of hazardous waste from the moment it is

generated, until it is properly recycled or disposed

Long‐term threats posed by “inappropriate handling, storage, use and disposal

of hazardous waste (HSC 25100(b))


Generation Transportation Disposal

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Hazardous Waste Control Law

Establishes standards for regulating the:– Generation

• Determine if waste is a hazardous waste

– Training • Employees handling HWs

– Processing• Properly package and label HW for transport

– Storage• Comply with storage requirements

– Transportation• Use registered HW haulers to transport waste

– Disposal of Hazardous Wastes• Licensed HW facility



A waste, which because of its quantity, concentration, or physical, chemical, or infectious characteristics, may either:

Cause, or significantly contribute, to an increase in mortality or serious irreversible, or incapacitating reversible illness, or

Pose substantial present or potential hazard to human health when improperly managed

Hazardous Waste Defined:


Listed in Title 22 of the California Code of Regulations, or

Exhibits one or more of the following characteristics:

– Ignitability

– Toxicity

– Reactivity, and

– Corrosivity

Certain Wastes are Presumed Hazardous (Title 22, Appendix X)

Types of Hazardous Waste

D001 D002 D003 D004-D043

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The Generator of a waste is responsible for determining if that waste is a hazardous waste

Generator of waste: “Any person, by site, whose act or process produces hazardous waste, or whose act first causes a hazardous waste to become subject to regulation”

All waste streams, including hazardous waste, but most importantly non‐hazardous waste, must be evaluated and documented

Sampling and analytical testing

Generator’s knowledge

– Knowledge of the waste generating process

– Analysis date from other facilities

– Physical data from SDSs

Generator Responsibilities




CA has pursued various industries, primarily retail and telecom on allegations of illegal waste disposal for nearly a decade

Enforcement actions are typically the result of investigations by

⁻ CA Attorney Generals’ Office

⁻ Alameda County District Attorney’s General Office

⁻ San Joaquin County District Attorney’s General Office

⁻ CA Department of Toxic Substances Control

Trash dumpsters and compactors have been inspected at retail facilities, distribution centers, and landfills

Complaints typically allege the improper handling, storage and disposal of hazardous materials (corrosive, flammable, toxic) that were rendered unsalable or unusable


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DTSC Press Releases


Storage, Transportation, and Disposal

⁻ Failure to determine if waste is a hazardous waste

⁻ Disposing of hazardous waste at a point not authorized

• “California Empty” rule

⁻ Storing hazardous waste onsite beyond the time permitted by law at a facility which does not have a hazardous waste facility permit

Containers and Container Labeling

⁻ Failure to keep hazardous waste containers closed, except when removing or adding hazardous waste

⁻ Failure to properly label containers of accumulated hazardous waste

Examples of Alleged Mishandling of Materials


Record Keeping and Reporting

⁻ Failure to obtain and keep current all required hazardous waste generator permits required by county/local ordinances

⁻ Failure to retain copies of all consolidated hazardous waste manifests for 3 years

Training

⁻ Failure to implement, maintain and comply with, an employee training program pertaining to hazardous materials and business and area plans

Inspections (LQG Sites)

⁻ Failure to conduct weekly inspections of hazardous waste storage areas

Examples of Alleged Mishandling of Materials

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Retailer Year Total Settlement Resulting Actions

Walmart 2010 $27.7 Million • CA Compliance Team• Improved Environmental Compliance and

Training Programs

Target 2011 $22.5 Million • CA Compliance Team• Third Party Compliance Audits for three

years• Annual Settlement Reports

AT&T 2014 $21.8 Million • Fund hazardous waste minimizationprojects

• Third Party Waste Inspections for five years

Lowe’s 2014 $18.1 Million • CA Compliance Team • Fund hazardous waste minimization

projects• Third Party Waste Inspections for five years• Annual Status Reports

Walgreens 2012 $16.6 Million • CA Compliance Team • Independent audits to monitor waste

disposal• Annual Status Reports

Summary of CA Settlements


Retailer Year Total Settlement Resulting Actions

CVS 2012 $13.75 Million • CA Compliance Team• Fund hazardous waste minimization projects

Rite Aid 2013 $12.3 Million • CA Compliance Team• Annual Settlement Reports

The Home Depot

2007 $9.9 Million • Develop VOC policy for select products• Adopt a training program for employees that handle

architectural coatings

K‐Mart 2009 $8.65 Million • Develop and maintain an Environmental Compliance Program

Costco 2012 $3.5 Million • CA Compliance Team• Develop and maintain an Environmental Compliance

Program

Save Mart 2013 $2.55 Million • CA Compliance Team• Internal and Third Party Audits• Maintain membership in RILA• Hire The Wercs or equivalent

AutoZone 2007 $1.5 Million • Designate person for Environmental Compliance• Maintain written procedures for handling hazardous

materials and/or hazardous waste• Annual Environmental Compliance Audits

Safeway 2015 $9.87 Million • Third Party Waste Inspections

Summary of CA Settlements


Disposal of a Hazardous Waste:– Violation: “A person who disposes, or causes the disposal of a

hazardous…waste at a point that is not authorized (by law).”

– Liable for up to $25,000 for each separate violation

– Civil penalties may be awarded on the basis of strict liability, negligence, or intentional conduct.

The statutory minimum for each intentional disposal of hazardous waste is $1,000 and up to $25,000 for each violation. [HSC 25189(c)]

Penalties and Fines

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Up to $25,000 per violation for:– Failure to comply with training requirements for personnel who

manage hazardous waste,

– Failure to Determine if a waste is a Hazardous Waste,

– Failure to properly package and label HW for transport,

– Failure to use a manifest for all transportation of HW, and

– Failure to use registered HW transporter

Penalties and Fines


Case Study

How to Complete a Self Directed Waste Audit

Planning and Logistics of Conducting a Dumpster Dive

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Planning and Logistics area KEY component to the success of your waste audit!

Who

– What type of client is requesting the dumpster audit?

• What are their primary waste streams?

– Hazardous Waste/Universal Waste

– Pharmaceutical and HIPPA

– Will client attend the audit?

– Will regulatory agencies attend the audit?

Container Size, Quantity, and Type

– How many bins will be audited?

– What types of bins (i.e. dumpster, roll‐off, compactor)?

– How big are the bins (i.e. 4‐CY, 6‐CY, 30‐YD, 40‐YD)?

– Will audit require a review of solid waste, organics and recycling?

Planning and Logistics


Waste Pickup Schedule

– When is the trash picked up by the hauler?

– Who is the hauler?

– Where are they hauling to?

– Will transfer station/landfill authorize audit?

Store Selection

– Different store types to audit?

– Urban vs. rural?

– High volume vs. low volume?

– High risk CUPA?

Additional Stakeholders

– Waste Hauler/Solid Waste Facility

– Licensed HW Hauler

– “Your Staff”

Planning and Logistics


Tarps or visquene roll

Cones, weights for tarps (wind)

Rakes, shovels, pitch forks

Tools – Screwdrivers, wire cutters, box cutters

Ziploc Bags (different sizes)

5‐gallon buckets

Absorbent material

Sharps container

Hammer

Personal Protective Equipment

– Tyvek

– Hard Hat

– Safety Glasses

– 2 Types of Gloves

– Steel‐toed boots

– Earing protection/Dust mask (Optional)

Equipment

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Marking Pens

Dry Erase board

Duct tape

Inventory forms

Small table and chair

Water/food for works

Health and Safety Plan

Shade canopy – weather

Equipment ‐ Continued


Select stores for audits

Make arrangements with waste hauler Make arrangements with transfer station to schedule audits

Plan waste audit team

Arrive onsite day of audit

Compactor Specifics

Team of 5‐6 people

4‐5 hours per compactor to sort and inventory HW/UW items

Compactors typically 9‐12 tons of trash

Standard Procedure


*Play Video Clip

Waste Hauler Extracts Waste

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Waste Extraction


Establish laydown area with materials and supplies

Begin identification and segregation of waste materials.

Regulated materials will be inventoried and photographed

Regulated materials placed in 5‐gallon buckets based on waste type.

Regulated materials left onsite for waste hauler to manifest and haul.

Solid waste managed onsite by transfer station/landfill.

Put on appropriate PPE to begin audit

Standard Procedure

Sample Inventory Staging Areas


Waste Sorting

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Waste Inventory


Examples of Hazardous Waste

•Aerosol Cans•Non-empty.•Exhibits one or more hazardous waste characteristics.

•Product, or

•Propellant



•Appliances•Containing hazardous chemicals•Examples

•Refrigerators•Air conditioners•Dehumidifiers

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•Batteries•Alkaline: (AA, AAA, 9-Volt, D, C, etc.)•Lead-Acid•Nickel-Cadmium•Lithium-ion:



•Chemical Containing•Anything that would have a MSDS•Pourable amount•Paint•Motor Oil•Cleaning Products•Pesticides/herbicides


•Compresses Gases and Cylinders•Propane•Fire Extinguishers•Butane Lighters•Welding Gases

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•Electronic Devices-Devices containing any one of the following metals: Lead (Pb), Barium (Ba), Mercury (Hg), Chromium (Cr), Nickel (Ni), Copper (Cu).

-E-waste items containing the above listed metals are presumed hazardousfor toxicity.



•Light Bulbs/Mercury-Containing Lamps-A lamp containing intentionally-added mercury is a listed hazardous waste when discarded. (California Hazardous Waste Number M003). -Fluorescent tubes and CFL bulbs are mercury-added lamps that are hazardous waste when discarded.


Data Analysis & Reporting

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Develop Summary Report


What’s Next?


Composting Requirements

– Various Cities, Counties, and States have mandatory composting requirements

• City of Portland, San Francisco, and Boston

• Alameda County, California

• State of Massachusetts

NEW Regulation ‐ Organics Recycling Rule in California

– Enacted January 1, 2015

– Recycle organic waste

– Mandatory reporting

– Fees for noncompliance

What’s Next?

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Enjoy the Adventure!


Documents

What’s in your Trash? - Confex 1000AM...What’s in your Trash? Dumpster Audits & Hazardous Waste Enforcement Cases in California Amy Martinez, CHMM Project Manager CB&I Environmental