Download the document here: Treated Wood Waste Resolution
HUMBOLDT WASTE
MANAGEMENT AUTHORITY
TO: The Board of Directors
DATE: August 30, 2007
FROM: Jim Test, Executive Director
SUBJECT: Item 9.
Adopt Resolution Number 2008-02 Establishing Procedures for Handling
Treated Wood Waste in Compliance with California Code of Regulations
Chapter 34, Section 67386.1 et seq.
RECOMMENDED ACTION: Voice vote.
Open Public Hearing and Receive Public Testimony
Close the Public Hearing
Adopt Resolution Number 2008-02
DISCUSSION:
Treated Wood Waste
AB 1353(Mathews, 2004) was adopted by the Legislature to deal with the handling and disposal of treated wood waste (TWW) in California. AB 1353 acknowledged that TWW presents “unique circumstances…that justify management of it in a less burdensome manner than ordinary hazardous waste.” Passage of AB 1353 provided for an exemption of TWW from hazardous waste control laws if it is disposed of in an appropriate landfill where it would be “deemed to be a solid waste and not a hazardous waste.” The Department of Toxic Substance Control (DTSC) was charged with developing regulations to implement AB1353. The legislation called for adoption of regulations by January of 2007. A Negative Declaration was released for review during November/December 2006 and a public hearing was held on the first draft in March 2007. The regulations were substantially revised after the March hearing and a second public hearing was held in April 2007. Additional changes were made and a final draft was submitted to the Office of Administrative Law (OAL) in May. OAL approved the regulations on June 18, 2007 to take effect on July 1, 2007. DTSC held training sessions on the regulations in southern California during June and held one session in the northern part of the State on July 11, 2007. On June 20 DTSC released their responses to written comments and to comments received at the public hearings.
The implementation of AB 1353 is contained in the California Code of Regulations, Chapter 34, Section 67386.1 et seq. which establishes that treated wood waste is subject to “Alternative Management Standards” identified in the regulations. The regulations include standards for accumulating, labeling, shipping, disposal and employee training; but, the training session and the DTSC responses to comments were more helpful in formulating local procedures.
HWMA procedures for handling TWW comply both with the spirit of the law - dispose of TWW in an appropriate landfill, and with the letter of the law - management of TWW in a less burdensome manner than ordinary hazardous waste. All of our solid waste, including TWW, is disposed of in composite lined landfills. The Anderson Landfill is authorized by SWRQB to accept TWW and Dry Creek Landfill meets similar liner standards. (TWW is not considered a hazardous waste in Oregon.) A significant part, if not all, of the TWW that passes through the Hawthorne Street Transfer Station is mixed with other solid waste and may not need to be segregated. At the training session and in the responses to comments DTSC has identified the following criteria:…” for a load to meet hazardous waste criteria the amount of treated wood present in a mixed load would have to be significant or large enough to cause the entire load to test hazardous. Incidental amounts of treated wood would not be expected to result in the entire load being characterized as hazardous waste.” DTSC mentioned various quantities of TWW, ranging from 10% to 25%, that may exist in mixed waste and not be considered hazardous but would not commit to any specific percentage. After discussions with the Local Enforcement Agency (LEA) and the local Certified Unified Program Agency (CUPA) we have determined that any load that contains 15% or less, by volume or weight, of TWW will be categorized as incidental TWW.
HWMA’s procedure for handling TWW contains two main components:
Staff recommends that no additional fee be established for TWW until next year’s fee ordinance review. We have no reliable projections on the amount of TWW that would come in under the segregated or large volume component. Statewide characterization studies conducted by the CIWMB show that TWW comprises 4.1% of general commercial self-haul weights and 5.7% of residential drop-box weights. A similar study that focused on Construction and Demolition waste found only 0.3% TWW by weight.
The basis for a fee would be something like this: It is estimated that the surcharge will be $220/ton. HWMA will accumulate TWW in a 40 yard roll-off bin at Hawthorne Street and will haul the bin to Anderson Landfill when the bin is full or at least once a year. The round-trip haul will cost about $660 for a six ton load, or $110/ton for shipping. Anderson Landfill will charge an additional $18/ton plus the current $18/ton, or an estimated $36/ton for disposal. HWMA will probably buy the roll-off bin at a cost of approximately $6,000; that cost will be absorbed in the $74/ton administrative cost along with the cost of special handling, invoicing, tracking and reporting requirements.
A RESOLUTION OF THE HUMBOLDT WASTE MANAGEMENT AUTHORITY
Establishing Procedures for handling treated wood waste IN Compliance with California Code of regulations chapter 34, Section 67386.1 et seq.
WHEREAS, AB 1353 (Mathews, 2004) was adopted by the California Legislature to deal with treated wood waste in a manner less burdensome than ordinary hazardous waste and charged the Department of Toxic Substances Control with developing regulations to implement AB1353; and,
WHEREAS, California Code of Regulations, Chapter 34, Section 67386.1 et seq. establishes that treated wood waste is subject to “Alternative Management Standards” identified in the regulations and was duly adopted and promulgated on June 18, 2007; and,
WHEREAS, the Humboldt Waste Management Authority intends to comply with said “Alternative Management Standards”; and
WHEREAS, treated wood waste is not currently a significant constituent of the solid waste that is processed at the Hawthorne Street Transfer Station; and,
WHEREAS, all waste that is processed at the Hawthorne Street Transfer Station is disposed of at landfills that are appropriate to accept treated wood waste;
NOW, THEREFORE, BE IT RESOLVED, that the Board of the Humboldt Waste Management Authority hereby adopts Procedures for Handling Treated Wood Waste set forth in Appendix A, attached hereto and incorporated herein; and authorizes the Executive Director to establish a Treated Wood Waste Surcharge to pay for additional handling requirements.
Adopted this 30th day of August, 2007
ATTEST:
________________________________ ______________________________
HWMA Chair James Test, Clerk of the Board
Date: _________________________
Date: ________________________
APPENDIX A
Procedures for handling treated wood waste IN Compliance with California Code of regulations chapter 34,
Section 67386.1 et seq.
SECTION 1. Incidental Treated Wood Waste.
Humboldt Waste Management Authority load check staff will note the existence and estimated quantity of treated wood in waste loads. Any franchise or self haul waste load that contains less than fifteen per cent (15%) Treated Wood Waste, estimated by volume or weight, will be handled as municipal solid waste. Any franchise or self haul waste load that contains a significant amount of Treated Wood Waste, estimated by volume or weight, will be segregated and handled in accordance with the provisions of Section 2, herein.
No additional fees will be required to handle Incidental Treated Wood Waste.
Any franchise or self haul waste load that was previously segregated by load check staff or contains 500 pounds or more of Treated Wood Waste will be handled in compliance with California Code of Regulations, Chapter 34, Section 67386.1 et seq., incorporated herein by reference. Segregated loads of Treated Wood Waste will be weighed and billed as separate units and tracked in compliance with said regulations.
Segregated loads will be accumulated in a Treated Wood Waste container. When the container is full, or at least once each year, the Treated Wood Waste will be delivered to Anderson Landfill for disposal.
No additional fee will be added to standard Self Haul or Franchise Fees to cover additional handling, reporting and disposal costs. A Treated Wood Waste Surcharge to pay for the additional handling requirements may at some time be adopted as part of the Integrated Waste Management Fee Ordinance.
SECTION 3. Tracking Shipments.
HWMA will track receipt and shipment of Treated Wood Waste in compliance with California Code of Regulations, Chapter 34, Section 67386.1 et seq.
SECTION 4. Employee Training.
Humboldt Waste Management Authority will provide training to all employees who may be expected to come in contact with TWW. The Safety Officer shall maintain a record of the training for a period of three (3) years. The training shall include:
1. all applicable requirements of the California Occupational Safety and Health Act of 1973 (ch.1, part 1, div. 5 (commencing with sec. 6300) of the Labor Code);
2. procedure for identifying and segregating TWW;
3. safe handling practices;
4. requirements of the alternative management standards;
5. proper disposal methods.
Download the document here: Treated Wood Waste Resolution