Neal Bolton

By Neal Bolton

OK, what's black and white and gray all over? Nope, it's not a zebra on a foggy day. It's regulations - any regulations. But of course, here we'll be talking about landfill regulations.

Regulators have a tough job. They must write rules, in black and white, and then apply them to the gray world of landfill operations. It's no easy task.

Despite great progress toward standardization of landfill operations and the establishment of many scientific yardsticks for everything from waste compaction to counting flies, operating a landfill is still very much a touchy-feely process.

With that in mind, imagine having to put down "on paper" a description of how to run a landfill. Remember, you must be specific. Regulations must be prescriptive enough so that one can determine if the landfill is doing the job right - or not. But they can't be too specific or they won't be applicable to all landfills.

"What," you ask, "is he talking about?"

Let me give you some examples.

Example No. 1 - Bird Control: A typical state's regulations might read, " - birds at the landfill must be controlled. - " This infers that in some instances birds might be "out of control." So how would you define an out-of-control bird? Is it 10 or 50 or 500 birds? Is it a bird with a bad attitude? You don't know? Neither do I. Nor do the regulations provide a specific definition. It is a perception issue. In other words, it depends.

The Miramar Landfill in San Diego, CA, is located very near the Miramar Naval Air Station (runway). Because of the potential risk that birds might pose to aircraft, the Miramar Landfill has, in essence, a zero tolerance for birds. For them bird control is taken very seriously.

Conversely, the Marina Landfill in Monterey, CA, has a "hands off" policy as far as birds are concerned. A local animal rights group has put pressure on the landfill to leave the seagulls alone. Same state regulations - different application.

Example No. 2 - Litter Control: Landfill regulations also require "litter to be controlled." Well, of course it must be controlled. No argument there. The concept is pretty black and white. But when it comes to applying the concept, things start to fade and blur. How often should it be picked up? Monthly? Weekly? Daily? Instantly? When is litter a problem? And when is it just a normal part of running a landfill? The correct answer is (again): It depends. A landfill located next to a residential neighborhood or an office complex or the mayor's house will have to meet a higher standard for litter control than a landfill located out in the boonies would. As a landfill operator, you'll have to work with your inspector/regulator to come up with an acceptable and reasonable interpretation that fits your facility.

Example No. 3 - Daily Cover: Federal (EPA's Subtitle D) and state regulations require that landfills be covered with a minimum of 6 in. of earthen cover (or equivalent) at the end of each operating day. Again, black-and-white regulations - that must be applied in the gray world of landfills. Today in our industry, most landfills have the option of using alternative daily cover (ADC) - as long as it meets the "equivalent" test. What would qualify as equivalent to 6 in. of soil? That's right, it depends.

When you get right down to it, there is nothing equivalent to soil in every regard - uh, except for dirt, right?

Seriously, equivalency depends on what characteristics you're looking for. If the landfill is looking for cover material that can shed water and prevent infiltration, perhaps a geotextile (i.e., tarp or film) or spray-on ADC would work. When it comes to shedding water, these materials might even work better than soil. But they might not work as well in terms of, say, fire protection.

On the other hand, if the priority is to keep birds out of the trash, an ADC made of shredded wood or construction debris might work much better than 6 in. of soil. But if odor is the issue, it might be best to stick with soil.

In reality, every landfill must work to find that best-fit interpretation and application of black-and-white regulations.

OK, regulations are black and white, and landfills are gray. So what? Is this bragging or complaining? Neither - just stating a fact. On the negative side, a landfill could try to go too far with this concept and end up not meeting the intent of the regulations! But on the positive side, as regulations are taken from black and white to gray, there might be some flexibility - room to adjust to site-specific conditions.

So what can a landfill operator do if his landfill is caught in the middle of black-and-white regulations? Communicate.

Twenty years ago, I was field engineer at a large landfill. We operated under the authority of several regulatory agencies, including the Soil Conservation Service (SCS) and the California Department of Forestry (CDF). The SCS required that we hydroseed all disturbed areas around the landfill each fall to reduce soil erosion. That makes sense, huh?

The CDF also had a requirement: that we strip vegetation around our work area each spring to reduce fire danger. That also made sense.

Clearly, each of these agencies had reasonable, sensible rules. But think about how these regulations worked together - or rather how they didn't. Combined, these regulations conflicted. As the landfill operator, we were stuck in a costly cycle of reseeding and stripping the same areas year after year.

By getting both agencies together and communicating, we were able to find a workable solution that met the intent of both regulations.

If you're having difficulty applying black-and-white regulations to a gray landfill, here are some ideas:

1. Set up a meeting with regulators, inspectors, and operators
2. Review the regulations
3. Try to understand the intent
4. Discuss the pros and cons from the standpoint of operations, regulations, perception, cost, and politics
5. Strategize and come up with a workable solution
6. Give it a try
7. Follow up and adjust as necessary

The key to success is communication. Come on: If monkeys can communicate with each other, then by golly, so can we landfill folks.

Neal Bolton is a consultant specializing in landfill operations and management. He is principal of Blue Ridge Services in Atascadero, CA.

MSW - September/October 2003