Landfill Legislation

Richard Campbell

INTRODUCTION

Prior to the mid-1980's, waste disposal sites were: sites that no one wanted, ie they were holes in the ground, swamps or derelict land.

In the 1980s the environment and impact of past mis-management of soil, rock and groundwater started to be given greater attention.

INTRODUCTION

1980's and early 1990's: very little specific regulation which dictated how landfills should be investigated and designed.

Legislation was in place that effectively required protection of soil and groundwater, there was little guidance on how the legislation should be interpreted or implemented. .

INTRODUCTION

In the mid-1990's to present considerable attention was given to the development of policy, regulation and guidance for contaminated land assessment and landfill design.

REGULATIONS & STATUTORY REQUIREMENTS

Landfill design, operation, and closure in Victoria is currently influenced by the following key statutory and planning documents.

Environment Protection Act (1970) State Environmental Protection Policies EPA Waste Management Policy (Siting, Design and

Management of Landfills) December 2004 (the Waste Management Policy)

The EPA Best Practice Environmental Management “Siting, Design, Operation and Rehabilitation of Landfills”, Publication 788, October 2001.

EPA Information Bulletin “Rehabilitation of landfills exempt from licensing” Publication 674, November 1999.

VICTORIAN LEGISLATION

Waste Hierarchy: EPA Act 1970 avoidance reuse recycling recovery of energy containment disposal

WASTE MANAGEMENT PLANS

All municipalities are members of a Regional Waste Management Group.

A RWMG must prepare a waste management plan for waste in its region.

Regional Waste Plan• Examines performance of existing facilities.• Identifies future waste management needs• Carries out economic analysis of options• Evaluates potential landfill sites• Provides for waste minimisation/resource

recycling programs.• Provides for litter control.

EPA must reject applications that are not in accord with approved Waste Management Plans.

VICTORIAN REGIONAL WASTE MANAGEMENT GROUPS

ENVIRONMENT PROTECTION ACT

Specifies amount of levy payable (Schedule D)

Levy for RWMGs, EcoRecycle and EPA Units are in dollars per tonne.

Non-Hazardous WastePrescribedWaste

Rural Metro & ProvincialYear Municipal Industrial Municipal Industrial

2001–2 2 2 4 4 102002–3 2 3 4 5 102003–4 3 5 5 7 142004–5 4 7 6 9 182005–6 5 9 7 11 222006–7 6 11 8 13 262007–8 7 13 9 15 30

EPA Works Approvals

The Environment Protection (Scheduled Premises and Exemptions) Regulations specify those premises that must obtain prior approval before construction commences (works approval) and must operate in accordance with licence conditions.

Works approvals are not required for municipal landfills serving less than 500 people.

Works approvals process (EPA Publication 375.2)- allows EPA to comment on draft design, refer to the agencies, DHS and responsible authorities and allow EPA to draft licence conditions.

Licence not required if population served less <5000

LICENCEissued under Section 20 of the Environment Protection Act 1970

This licence allows the licence holder to deposit waste to land at the premises subject to the attachedconditions.

LICENCE HOLDER: JOE BLOGGS

REGISTERED ADDRESS: 50 BURWOOD RD, HAWTHORN WEST

VIC 3025

PREMISES ADDRESS: 50 BURWOOD RD, HAWTHORN WEST

VIC 3025

LICENCE NUMBER: ES2000DATE OF ISSUE: 6 OCTOBER 1978DATE OF AMENDMENT:

........................................................................

DELEGATE OF THEENVIRONMENT PROTECTION AUTHORITY

Page 1 of 13

LICENCELicencedPremisesActivities

This licence applies to a premises where solid inert waste, contaminated soil (low level)and waste acid sulfate soil is deposited to land.

LicenceObjectives

The licence holder shall adopt the following objectives for the protection of theenvironment:

meet environmental quality requirements for all segments of the environment. Thisincludes meeting the general provisions of the Environment Protection Act (1970), Stateenvironment protection policies, and Industrial waste management policies. Inparticular,

Industrial waste management policy (Waste Minimisation);

Industrial waste management policy (Prescribed Industrial Waste);

State environment protection policy (Siting and Management of Landfills ReceivingMunicipal Waste);

State environment protection policy (Waters of Victoria);

State environment protection policy (Groundwaters of Victoria);

State environment protection policy (Air Quality Management);

State environment protection policy (Noise from Commerce, Industry and Trade);

operate in accordance with good environmental practice at all times; and

take opportunities to minimise waste and continuously improve environmentalperformance.

LICENCE

LicenceStructure

The licence consists of the following parts.

1. Waste Discharge and Management

specifies which wastes may be deposited and the general requirements under whichthis may occur.

2. Environment Improvement Plan and Operational Controls

requires an environment improvement plan to be produced and regularly reviewed:

includes the operating requirements for good waste management to ensureprotection of the environment under both normal and upset conditions.

3. Monitoring and Reporting

specifies the monitoring requirements and the arrangements for submission ofreports to EPA.

4. Plan of Premises

plan of the premises covered by this licence.

ENVIRONMENT PROTECTION ACT

The Environment Protection Act empowers the various State Environmental Protection Policies (SEPPs) and Industrial Waste Management Plans (IWMPs).

SEPPs are designed to provide a framework for protection of the beneficial uses of the various segments of the environment.

RELEVANT ENVIRONMENTAL SEGMENTS

Surface Waters (leachate impacts, litter) Groundwaters (leachate impacts) Air (odour, dust, green house gas emissions)

RELEVANT ENVIRONMENTAL SEGMENTS

WATER POLICY SEPP (Waters of Victoria)

Objectives: Protect beneficial uses of water.

Methods: Perimeter interception drains Progressive Rehabilitation Sedimentation control Segregation of leachate from clean storm water Appropriate leachate storage, treatment and

disposal facilities.

GROUNDWATER POLICY SEPP (Groundwaters of Victoria)

Objectives: Protect beneficial uses of groundwater (drinking water, stock

water, ecosystem, agriculture, parks and gardens, industrial water use, recreation).

Note: Beneficial Uses are dependent on the salinity of the groundwater.

Methods: Avoid waste contacting groundwater Ascertain potential impact on groundwater Use landfill liners (natural or synthetic). Extract leachate from landfill Minimise leachate generation Groundwater monitoring.

GROUNDWATER POLICY

AIR POLICY SEPP (Air Quality Management)

Objectives: Protect amenity (dust, odour) Protect environment and humans Reduce green house gases

Methods: Buffers Restrict waste Gas extraction/monitoring Cover (frequency, quality & quantity).

LANDFILL GAS MIGRATION

Waste GAS

GROUNDWATER

Cap Liner

Buildings

Gas Extraction

?

LANDFILL WMP Waste Management Policy (Siting, Design and

Management of Landfills) Declared December 2004 Comply with objectives and indicators as per Air, Water &

Groundwater SEPPs. Must meet objectives and required outcomes of BPEM*

(Policy states that suggested measures of the BPEM should be used alternatives may be used: through approval by Authority, equivalence based outcomes).

Clause 15 gives statutory authority to enforce the BPEM.

Key Issues: Exclusion of new sites from areas of Segment A

groundwater. Exclusion of new sites from areas < 2 metres

separation between waste and groundwater

BEST PRACTICE ENVIRONMENTAL MANAGEMENT SITING, DESIGN, OPERATION AND REHABILITATION OF LANDFILLS

EPA Publication 788 Recognises the waste hierarchy Provides siting guidance: physical and

planning attributes. Community and conservation issues.

Sets liner and cap performance criteria.

Recognises key role of leachate of leachate colletion system

Construction QA Guidance on operational practices. Guidance on Rehabilitation and

Aftercare.

Note: unlicensed landfills not necessarily covered by BPEM.

BEST PRACTICE ENVIRONMENTAL MANAGEMENT SITING, DESIGN, OPERATION AND REHABILITATION OF LANDFILLS

The objectives and required outcomes are mandatory and reflect minimum requirements of policy.

Suggested Measures are default means of achieving required outcomes.

Where alternative means are put forward to achieve objectives then a risk based assessment will be required and approved by EPA.

Rehabilitation of Landfills Exempt from Licensing (Pub. No. 674)

Relatively old document (Nov. 1999)

It is a guideline only aimed at the rehabilitation and closure of small rural landfills (served population less than 5000 people).

BPEM CLASSIFICATION OF LANDFILLSClassification of landfills is based on wastes to be received.

BPEM SITING OF LANDFILLS

There are 4 basic types of landfill recognised in the BPEM:

Area Method (existing hole filled)Trench and fill method (hole

excavated)mound method (above ground)valley fill

Those in red are preferred by EPA.

BPEM BUFFER DISTANCES

GROUNDWATER PROTECTION

Landfills should not be located in areas of potable groundwater (Segment A), groundwater recharge areas or in areas identified by the Water Act 1989 as a groundwater supply protection area, or below the regional water table.

SURFACEWATER PROTECTION

Landfills should not be located in:

•Wetlands protected under Ramsar & JAMBA treaties.

•Marine and coastal reserves listed in schedule 4 of the National Parks Act 1975.

•Water Supply Catchments proclaimed under the Catchment and Land Protection Act.

•Land liable to flooding (1 in 100 yr).

BPEM DESIGN: LINER PERFORMANCE

BPEM DESIGN: LINER

BPEM LINER PERFORMANCE

CONSTRUCTION QUALITY ASSURANCE

BPEM CAP DESIGN

COMMON PROBLEMS

Settlement Cracking

COMMON PROBLEMS

Tree Roots

BPEM CAP DESIGN

COMPOSITE CAP LINER

Compacted Clay Liner

VFPE Liner Cover soils Active Gas

Well Penetration

ACTIVE GAS MANAGEMENT

PASSIVE GAS MANAGEMENT

Gas Trench slotted pipe aggregate geotextile

Gas Vent riser pipe concrete

footing

PASSIVE GAS VENT

BPEM AFTER CARE MANAGEMENTThe owner of a landfill could be liable for any pollution event for the indefinite future.

EPA may require a financial assurance to cover after care and long term liability.

CLOSURE

GRASS AND SHRUBS ON SOIL MOUNDS

CLOSURE

EROSION PROTECTION

Thankyou