561 FW 5

Management of Nonhazardous Solid Waste

Supersedes 561 FW 5, FWM 377, 09/29/01

Date:  October 15, 2014

Series: Pollution Control and Environmental Compliance

Part 561: Compliance Requirements

Originating Office: Branch of Environmental Compliance

 

 

PDF Version


 

TABLE OF CONTENTS

Topic

Sections

Overview: Purpose, Authorities, Terms, and Responsibilities

5.1 What is the purpose of this chapter?

5.2 What is the Service’s policy on managing and disposing of nonhazardous solid waste?

5.3 What is the scope of this chapter?

5.4 What are the authorities for this chapter?

5.5 Who is responsible for ensuring Service compliance with Subtitle D of the Solid Waste Disposal Act (SWDA)?

5.6 What terms do you need to know to understand this chapter?

Implementation of the SWDA

5.7 Who implements the SWDA?

5.8 What are the implementation strategies?

Managing Ozone Depleting Substances (ODS)

5.9 What are employee responsibilities for managing ODS?

 

OVERVIEW

 

5.1 What is the purpose of this chapter? This chapter provides guidance for managing and disposing of nonhazardous solid waste at U.S. Fish and Wildlife Service (Service) facilities.

5.2 What is the Service's policy on managing and disposing of nonhazardous solid waste? It is our policy to:

A. Dispose of nonhazardous solid waste in a manner that protects the chemical, physical, and biological quality of the Nation's land, water, and air resources;

B. Promote the conservation of fish and wildlife resources;

C. Protect the public health, welfare, environment, and productive capacity of the country;

D. Comply with all applicable Federal, State, tribal, and local regulations; and

E. Where practicable, prevent or reduce nonhazardous solid waste pollution by promoting waste reduction (see section 5.8A).

5.3 What is the scope of this chapter? This chapter applies to:

A. All Service-owned or operated facilities, including quarters, vessels, and vehicles; and

B. Any special use permit, contract, lease, or concessionaire agreement that could involve generation, storage, or disposal of nonhazardous solid waste.

5.4 What are the authorities for this chapter?

A. Solid Waste Disposal Act (SWDA), as amended (42 U.S.C. 6901 et. seq.). The SWDA was amended in 1976 by the Resource Conservation and Recovery Act (RCRA), including RCRA Subtitle D, which addresses the management of nonhazardous solid waste.

 

B. U.S. Environmental Protection Agency (EPA) Guidelines for the Thermal Processing of Solid Wastes (40 CFR 240).

 

C. EPA Guidelines for the Storage and Collection of Residential, Commercial, and Institutional Solid Waste (40 CFR 243).

5.5 Who is responsible for ensuring Service compliance with Subtitle D of the SWDA?

Table 5-1: Responsibilities for administering the SWDA program

These officials…

Are responsible for…

A. The Director

Approving policy for the SWDA management program.

B. The Assistant Director - Business Management and Operations

Ensuring that the Service appropriately and effectively implements the SWDA.

C. Regional Directors

Ensuring that the facilities in their respective Regions fully implement the requirements of the SWDA, including Federal, State, tribal, and local regulations and requirements.

D. The Chief, Division of Engineering (DEN)

(1) Developing policy for SWDA compliance,

 

(2) Providing guidance and technical assistance to the Regional Engineers (RENs) and Regional Environmental Compliance Coordinators (RECCs) to facilitate compliance with the requirements of the SWDA regulations, and

 

(3) Anticipating and evaluating the effects of new and proposed regulations on our facilities and the requirements to keep them in compliance.

E. Regional Engineers (RENs) and Regional Environmental  Compliance Coordinators (RECCs)

(1) Providing technical assistance to Project Leaders and Facility Managers to ensure that SWDA requirements are met;

 

(2) Coordinating and assisting in budgeting, design, and construction contracting for compliance with the SWDA, as required;

 

(3) Assisting Project Leaders and Facility Managers to properly manage the generation, storage, and disposal of nonhazardous solid waste for their facilities;

 

(4) Assisting Project Leaders and Facility Managers to develop and implement strategies to reduce the amount of nonhazardous solid waste generated, stored, and disposed;

 

(5) Notifying the DEN when a facility is in violation or noncompliant with regulations that apply to the generation, storage, and disposal of nonhazardous solid waste; and

 

(6) Assisting Project Leaders and Facility Managers to:

 

      (a) Return facilities to compliance, and

 

      (b) Seek funding to keep facilities in compliance.

F. Project Leaders and Facility Managers

(1) Ensuring that all nonhazardous solid waste is disposed of according to applicable Federal, State, tribal, and local regulations;

 

(2) Maintaining contact and coordinating with appropriate regulatory agencies;

 

(3) Ensuring that all required permits are obtained for their facilities;

 

(4) Ensuring that facilities develop and implement a plan to reduce the amount of nonhazardous solid waste generated, in compliance with Service and U.S. Department of the Interior policies and guidance (see Executive Orders 13423 and 13514);

 

(5) Ensuring that facilities are operated in compliance with the Service’s policy of implementing sustainable practices regarding the management of nonhazardous solid waste (see 565 FW 1, Implementing Sustainable Practices, Exhibits 2 and 3);

 

(6) Ensuring that facilities are operated and monitored according to permit requirements;

 

(7) Ensuring that all required reports are submitted on time;

 

(8) Notifying the regulating agency and the REN or the RECC when permit conditions are not met or the facility is in violation or noncompliant; and

 

(9) Ensuring facilities retain records of the management of nonhazardous solid waste for at least 3 years.

 

5.6 What terms do you need to know to understand this chapter?

 

A. Bulky Waste. Large items of nonhazardous solid waste, such as household appliances, furniture, large auto parts, trees, branches, stumps, and other oversized waste, that prevent or complicate their handling by normal nonhazardous solid waste collection, processing, or disposal methods.

 

B. Household Waste. Any nonhazardous solid waste (including garbage, trash, and sanitary waste in septic tanks) that originates from households (including single and multiple residences, motels, lunchrooms, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas).

 

C. Open Burning. The burning of nonhazardous solid waste in the open, such as in an open dump.

 

D. Open Dump. Any facility or site where nonhazardous solid waste is disposed of that does not meet the criteria for a sanitary landfill.

 

E. Recoverable Resource. Those materials that still have useful physical, chemical, or biological properties after serving their original purpose.

 

F. Recycling. Process by which recovered materials are transformed into new products.

 

G. Sanitary Landfill. A land disposal site employing an engineered method of disposing of nonhazardous solid waste on land in a manner that minimizes environmental hazards by spreading the nonhazardous solid waste in thin layers, compacting the waste to the smallest practical volume, and applying and compacting cover material at the end of each operating day. The site can receive a sanitary landfill rating only if there is no reasonable probability of adverse effects on health or the environment from disposal of nonhazardous solid waste at the facility. Section 4004 of RCRA requires that each State RCRA Implementation Plan prohibit the establishment of open dumps and that all nonhazardous solid waste be used for resource recovery, disposed of in sanitary landfills, or otherwise disposed of in an environmentally sound manner.

 

H. Separate Collection. The collection of recyclable nonhazardous materials that have been separated at the point of generation and have been kept separate from other solid waste by using vehicles with separate compartments or by using entirely separate collection vehicles.

 

I. Solid Waste. The term solid waste, as defined by the SWDA, is very broad, including not only traditional nonhazardous solid waste, such as municipal garbage and industrial waste, but also hazardous waste. Hazardous waste is regulated under RCRA Subtitle C, so we do not address it in this chapter. For more information on hazardous waste management, see 561 FW 6, Hazardous Waste Management. Nonhazardous solid waste is:

 

(1) Garbage (e.g., milk cartons and coffee grounds);

 

(2) Refuse (e.g., scrap metal, wall board, and empty containers);

 

(3) Sludge from waste treatment plants, water supply treatment plants, or pollution control facilities (e.g., scrubber slags);

 

(4) Industrial waste (e.g., manufacturing process wastewaters and nonwastewater sludges and solids);

 

(5) Other discarded materials, including solid, semisolid, liquid, or contained gaseous materials resulting from industrial, commercial, mining, agricultural, and community activities (e.g., boiler slag); and

 

(6) Not limited to waste that is physically solid. “Solid” is somewhat of a misnomer as the regulations define solid waste as solid, liquid, semi-solid, or containerized gaseous materials.

 

J. Source Separation. When a generator sets aside recyclable materials at their point of generation.

 

K. Vector. A carrier, usually an arthropod, that is capable of transmitting a pathogen from one organism to another.

 

L. Waste Reduction. Using sustainable practices (see 565 FW 1, Implementing Sustainable Practices, Exhibits 2 and 3) to prevent or decrease the amount of waste being generated. This includes the encouragement of recycling, purchasing recycled and environmentally preferable products, reducing energy use, and reducing greenhouse gas emissions.

IMPLEMENTATION OF THE SWDA

5.7 Who implements the SWDA? The SWDA is a Federal and State program that manages the generation and disposal of nonhazardous solid waste. EPA has authorized most States to operate and maintain a nonhazardous solid waste management program in lieu of Federal (EPA) management. EPA promulgates regulations that are adopted by the States as they are, or the States may set regulations that are either equivalent, broader in scope, or more stringent than the EPA’s regulations. Local regulatory agencies also may enact nonhazardous solid waste management regulations that are more stringent or broader in scope than the Federal or State regulations. Project Leaders and Facility Managers should be knowledgeable of State and local nonhazardous solid waste regulations. The RENs/RECCs can help managers determine what their States’ or localities’ regulations involve.  Information on waste management can be obtained from EPA’s Web site.

5.8 What are the implementation strategies?

 

A. Where practicable, we must adopt or change our practices to prevent or reduce nonhazardous solid waste pollution by promoting waste reductions. This includes:

 

(1) Green purchasing;

 

(2) The effective management of materials inventories to prevent the generation of waste, especially hazardous waste;

 

 

(3) Reduction of household waste at Service facilities;

 

(4) Proper disposal; and

 

(5) Recycling (see 565 FW 1, Implementing Sustainable Practices, Exhibits 2 and 3).

 

B. Managers must review purchasing strategies to ensure that:

 

(1) We are obtaining the least toxic materials that are the least likely to become hazardous waste in the event the material becomes obsolete or unusable for any reason;

 

(2) We maintain small inventories of material that could become hazardous waste;

 

(3) We use older stocks first; and

 

(4) We use material that could become hazardous waste before its expiration date.

 

C. All employees must handle, collect, and dispose of nonhazardous solid waste in compliance with applicable Federal, State, tribal, and local regulations. Follow the guidance in Table 5-2 for handling and disposing of nonhazardous solid waste.

 

Table 5-2: Guidance for handling and disposing of nonhazardous solid waste

(1) Operate our facilities according to any permits issued by State, tribal, or local agencies. Activities that State, tribal, and local agencies typically regulate include:

 

(a) Requirements for licensing and permitting existing onsite landfills;

 

(b) Disposal of nonhazardous solid waste offsite only at licensed or permitted municipal nonhazardous solid waste landfills, sanitary landfills, or other such licensed or permitted facilities;

 

(c) Requirements for recycling;

 

(d) Disposal of household waste;

 

(e) Management of yard waste; and

 

(f) Disposal of used tires.

 

(2) Store all nonhazardous solid waste so as not to cause a fire, health, or safety hazard.

 

(3) At least once a week, collect and properly dispose of all nonhazardous solid waste that contains food waste.

 

(4) Collect and properly dispose of all bulky waste at least every 3 months (the Project Leader/Facility Manager may determine if it’s necessary to collect them more often).

 

(5) Collect all nonhazardous solid waste often enough to avoid nuisances and to inhibit the propagation or attraction of vectors.

 

(6) Collect in a safe, efficient manner all nonhazardous solid waste or materials separated for recycling.

 

(7) Do not dispose of hazardous waste as nonhazardous solid waste.

 

(8) Develop and maintain a nonhazardous solid waste reduction program in accordance with 565 FW 1, Implementing Sustainable Practices.

 

D. We prohibit employees from using open dumps for the disposal of any nonhazardous solid waste material. Dispose of all nonhazardous solid waste in accordance with applicable Federal, State, tribal, and local regulations in approved sanitary landfills (see 40 CFR 240.101 and section 5.6G).

 

E. We prohibit open burning of nonhazardous solid waste material (see 40 CFR 240.101(r)). Employees may use controlled burns if they obtain any required local air permits.

 

F. For disposal of medical waste, refer to 561 FW 13, Medical Waste.

 

G. Project Leaders/Facility Managers must maintain records for at least 3 years if they manage nonhazardous solid waste. The records should include the types and amounts of nonhazardous solid waste generated, any transportation papers, receipts from receiving disposal facilities, and records of recycling.

 

MANAGING Ozone Depleting Substances (ODS)

 

5.9 What are employee responsibilities for managing ODS? We have established policies concerning the management of ODS in 565 FW 1, Implementing Sustainable Practices, Exhibit 2, that include the following:

 

A. Identify and reduce the use and release of ODS that may result in significant harm to human health or the environment;

 

B. Maximize the use of safe alternatives to ODS as approved by EPA programs;

 

C. Phase out existing equipment containing ODS consistent with its normal life;

 

D. Properly dispose of ODS that was removed or reclaimed from facilities or equipment, including disposal as part of a contract, trade, or donation; and

 

E. When disposing of appliances or equipment containing ODS, ensure that the disposal will occur at a landfill that is properly permitted to receive such waste.

 

For more information about this policy, contact the Division of Engineering, Branch of Environmental Compliance. For more information about this Web site, contact Krista Bibb in the Division of Policy and Directives Management.

 

 

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