SD5 - The Need for Regulating Operators at Landfills and Waste Management Facilities
Executive Summary: A. Study Overview This study was initiated by the passage of Senate Joint Resolution 124 which requested the Board of Commerce, in cooperation with the Department of Waste Management, to study the need for regulating operators of landfills and waste management facilities. The Board of Commerce, through research (including several site visits), three public hearings, surveys to involved parties, and receipt of written comments, reviewed the nature of these occupations, and the effect, if any, on public health, safety and welfare from the current practice. The Board of Commerce, in cooperation with the Department of Waste Management, bases its recommendations on an extensive analysis and discussion of this information. B. Key Findings 1. Waste disposal is a growing concern in the Commonwealth of Virginia, for existing landfills are approaching capacity and it has become increasingly expensive to build new landfills and other waste management facilities. 2. The operation of landfills and waste management facilities is a complicated and technical task requiring knowledge of waste disposal, as well as the state and federal regulations which govern operation of these facilities. 3. At least half of the other states have, or are implementing, a program to regulate operators of landfills and waste management facilities. 4. There are training programs available through the Government Refuse Collection and Disposal Association (GRCDA), the American Society of Mechanical Engineers (ASME), American Society for Testing and Materials (ASTM), as well as in-house training conducted by the major waste management corporations or municipalities. Unfortunately, the participation in, or completion of, such programs is not widespread. Only 13.7% of the supervisors at permitted facilities who completed the Board of Commerce's survey had received any formal training for operation of a waste management facility (including landfills). C. Special Concerns 1. A distinction was noted regarding the types of facilities (sanitary landfills, industrial waste landfills, construction and demolition debris landfills, incinerators and energy recovery facilities, compost facilities and solid waste transfer stations). "Captive" landfills at industrial sites and mono-landfills operated by electric utilities solely handle solid waste generated by their own production processes or operations at the industrial facility. 2. The public hearings brought to the Board's attention the concern that some personnel may be illiterate and thus unable to complete a written examination. The Board members recommend that an oral examination be included in any regulatory program. 3. The Board is also aware of the concern voiced by smaller jurisdictions where difficulties could occur in complying with operator certification requirements. Unfortunately, these smaller waste management facilities are not exempt from problems which can occur if those facilities are not properly operated. D. Conclusions 1., The operator of a landfill or waste management facility performs a service which involves a potential hazard to public health and safety. 2. Virginia citizens are concerned about their environment and should be assured that training exists and that minimum qualifications are met by landfill and waste management facility operators. The Board of Commerce believes such assurances are necessary no matter what size the facility. 3. There are waste management facilities which receive more controlled, uniform waste; however, the need for properly trained personnel at such sites is no less crucial to the environment and to public health and safety, though regulations that reflect the differences are entirely appropriate. 4. The increasing cost and new technology of landfill development and operation under the Solid Waste Management Regulations will require operating personnel who are trained and knowledgeable. E. Recommendations The Board of Commerce, in coordination with the Department of Waste Management, recommends that the General Assembly consider legislation for a training and licensure program for key operating personnel at landfills and waste management facilities. Each permitted facility should be required to have a minimum of one state-licensed employee on the premises during all operating hours. The legislation should allow for different levels of training and licensure which would be commensurate with the type of facility. |
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