Agency Safe Handling Program for Universal & Electronic Waste Dave Hirschler Director, Waste Prevention Unit Department of Sanitation
Consent Agreement In August, 2009, entered into a consent agreement with the EPA over improper disposal of lighting and electronic waste. Consent agreement included: Penalty payments. Environmental audit of every mayoral agency to ensure compliance of lighting and electronic waste regulations. Agreement to withhold further inspections until completion of agreement Annual written directives to non-city lessees or lessors of the City for 3 years. Requirement to hire a consultant Quarterly status reports to EPA, followed by a final report Additional consequences if the City found non-compliant
Lead Agency The Department of Sanitation s (DSNY) was selected to manage this program. Agency Safe Handling of Universal & Electronic Waste logo: web: www.wasteless/agencysafehandling intranet: http://cityshare.nycnet/ashtraining intranet: http://cityshare.nycnet/ashcontract hotline e-mail: agencysafehandling@dsny.nyc.gov hotline phone: 212-437-4645
Related Laws & Regulations NY State & Federal Hazardous Waste Regulations o Overarching regulations covering all hazardous materials. NY State & Federal Universal Waste Regulations o Covering Lamps, Batteries, and Mercury Devices Federal CRT Rule o Non-flat panel monitors and televisions State C7 Scrap Metal exemption o Electronic equipment NY Public Employee Safety & Health regulations o Workplace safety (similar to OSHA for public entities) & NY State Rechargeable Battery Recycling Laws NY State Mercury-containing Equipment Law o Covering mercury devices & fluorescent lamps & NY State Electronic Equipment Recycling Laws
Costs of the program (Agencies) Each Agency is responsible for the cost of managing and safely disposing of their materials: No new regulations to require increased funding Some agencies had not previously budgeted any costs associated with the disposal of these items.
Program Components (1) 1. Contract: A new citywide contract would need to be developed to ensure agencies are safely and legally managing their materials. 2. Relinquishment: The relinquishment process for electronic devices would have to be amended to reduce the hurdles associated with proper disposal of electronic equipment. 3. Safety Training: Staff handling waste materials covered under the consent agreement would need to be trained on the safe handling of these items 4. Hazardous Waste Determinations: Regulations require that generators indicate how they will manage their waste prior to disposal. It was recommended that this be done at an agency level. 5. Contract Usage Training: Due to the complexity of the new citywide contract, training would be needed for Agencies to understand how to register and utilize the new citywide contract
Program Components (2) 6. Outside Directives: Agencies were required to notify lessees and lessors of the requirements to abide by lighting and electronic waste regulations. 7. Audit Protocols: A system would have to be set up in order to complete the required EPA audits. 8. Audit Training: Inspectors were required to be trained on safe handling and facility inspection procedures. 9. Inspections: A system would be needed to manage and track agency inspections. 10. Reporting: EPA would need to be kept informed throughout the process.
Preliminary Activities DSNY was required to determine: 1. Which Agencies are Covered by the Order 2. The Number & Types of Facilities to be Audited 3. The Scope of the Facility Audits 4. Estimating Contract Value
Preliminary Activities Identifying Covered Agencies EPA Consent Agreement specifies Mayoral Agencies as covered Mayoral Agency is not a well-defined term in the bureaucracy. Citywide Office of Safety & Health maintains a list of 39 Mayoral Agencies. Ultimately this list was operationalized. Future issues arose with: Merging and newly formed mayoral agencies Limitations on the use of the city-wide contract
Preliminary Activities Determining the Number & Types of Facilities to be Audited (1) City Owned Lots plus leased facilities There were many mixed ownership facilities where it s unclear which agencies are housed within Facility types are hard to determine What about non lots facilities (i.e. bridge houses) Defining what constitutes a facility was complicated - Would each park bathroom and each street light be considered a facility? What about multiple uses in one building or multiple buildings on one lot
Preliminary Activities Determining the Number & Types of Facilities to be Audited (2) After analyzing the City-wide facility data, each agency was requested to review and update their facility information online including providing additional information on their sites. Throughout the process and well beyond, facility information had to be adjusted due to moves, updated information, and further clarifications based on actual management of properties. Facilities also had to be categorized into types to assist in determining each Agency s contract needs and the development of city-wide audit protocols. Approximately 2,321 facilities were considered auditable
Preliminary Activities The Scope of the Facility Audits EPA Consent Agreement specifically covered mercury containing light bulbs and computer monitors. In order to create a cohesive program and to avoid future violations other related materials were included in training, correspondence, and the citywide contract: All electronic equipment Hazardous batteries Mercury-containing devices Ballasts Syringes
Preliminary Activities Estimating Contract Value In order to understand the size of the program as well as for contract estimates, DSNY reviewed: energy efficiency audits OSHA & DSNY lighting standards Types and size of city facilities Various reports and studies DSNY estimated the quantity of material that may be disposed of in a given year to be: 6 million light bulbs 200,000 desktop computers
Agency Contacts In order to ensure that Agencies always had one individual who was knowledgeable about all aspects of the program, each Agency was required to designate a Top Contact. This person would coordinate all programmatic activities for their Agency including: Utilizing the new Citywide Contract Hazardous Waste Determination Safety Training Facility Audits Identifying the right top contact was sometimes difficult and needed to be changed at times.
Directive to Outside Entities Which Entities were Required to Receive this Directive? Landlords or management companies for any private building with agency tenants Tenants of city-owned properties Contractors (i.e. non-profits or consultants) utilizing city-owned properties on behalf of the City Vendors utilizing City-owned facilities (i.e. parks concessions/newsstands) EPA was required to approve the content of the outside directive, and therefore a template was developed. Agencies were asked to adjust but not make substantial changes to the template. 2,601 directives were distributed in the first year of the Program
Directive to Outside Entities Lease Language: EPA did exempt from receiving this directive any non-city entities where the terms of the lease explicitly address the responsibility for properly managing lighting and/or electronics. The Law Department is looking at lease language to see that future agreements contain appropriate amendments.
Hazardous Waste Determinations According to section 372.2 of the Environmental Conservation Law (similar language in federal RCRA regulations): Hazardous waste determination. A person who generates a solid waste must determine if that waste is a hazardous waste While this determination could happen on a case by case basis, it is not feasible for a determination be made by facility staff each time material is discarded or broken. Agencies were requested to make this determination at an Agencywide level based on a template provided by DSNY and approved by the EPA.
Hazardous Waste Determinations The Following Determinations Were Made: Electronic Waste Scrap Metal Hazardous Lamps Universal Waste Broken Lamps Hazardous Waste Non-alkaline and Automobile Batteries Universal Waste Mercury-containing Equipment Universal Waste Determination memos included the following clarifications: Most facilities were conditionally exempt small quantity generators of hazardous waste and small quantity handlers of universal waste (some exceptions). No agency would transport over 500 lbs. of universal waste at one time without appropriate permits.
Hazardous Waste Determinations Issues: Which materials had to be Covered in the Determination? Green tipped lamps? Which types of electronics?. Concern over any Departmental memo using the term hazardous waste (major issue for the Department of Education). Who was required to receive each Agency s determination?
Safety Training Regulations require some level of training for those handling, or supervising staff who handle universal waste. These staff include: Facilities Staff IT Staff Electricians Firefighters/Police Officers/Sanitation Workers # of staff requiring safety training estimated to be in the thousands.
Safety Training DSNY developed and managed three similar but slightly different online training courses by staff type- Facility Staff Training Facility Managers Training IT Staff Training A DVD version of each course was also developed to address staff with limited computer capabilities. All training was reviewed by College of Technology & the EPA
Safety Training All Online Safety Training Courses include: A Quiz to ensure understanding Online tracking of attendees Certificate of Completion from College of Technology ~4,5000 registrants participated in the safety training *DOE did not participate in this training program, opting to handle in-house.
Pre-Agency Safe Handling Relinquishment Procedure Electronic waste was considered surplus goods and therefore submitted for relinquishment. The City-wide asset recovery contract for e-waste did not have disposal requirements and was limited to certain materials in large quantities. After a difficult relinquishment process, Agencies were often provided with a destroy order and had to discard of e-waste on their own.
Citywide Agency Safe Handling Contract DSNY released a bid for a citywide contract to be accessible by all Mayoral Agencies. This contract would span 10-years with 2 5-year renewal options. The contract was unique, a Parent/Child contract where DSNY managed the contract, but each agency or unit within an agency registered their own version.
Citywide Agency Safe Handling Contract Covered the following materials:
Citywide Agency Safe Handling Contract Includes a variety of service options: Removal Service Mailback Service Hard Drive Sanitization Safety Equipment
Citywide Agency Safe Handling Contract Agencies are not required to scope out their specific services prior to usage, all Agencies have access to all services in contract. Unlike other solid waste contracts, cost per container as opposed to cost per ton (eliminated need for weight audits). Disposal records are reviewed by DSNY, Service to agencies complete upon removal. Partial service costs paid upfront, remainder upon completion. Vendor was required to design an Online Ordering System for Agencies to request services (similar to the city s Staples contract) Agencies can grant individuals access to the contract plus limit their spending directly through the online ordering system.
Citywide Agency Safe Handling Contract In order to assist agencies, DSNY developed an online contract usage training course. Over 500 City staff enrolled in this class
Citywide Agency Safe Handling Contract In order to assist agencies, Veolia developed online ordering system tutorial:
Registration Issues: Citywide Agency Safe Handling Contract Small agencies are often not used to registering long term contracts. Agencies do not understand that the annual contract requisitions and contract value are different. Agencies do not understand that they can register AAO for full initial term. Very difficult to estimate contract usage over 10 years. Agencies often do not notify DSNY when there are any issues. Contract was only made available to Mayoral Agencies other agencies have requested to register. 53 registered AAOs by 37 Agencies
Legacy Pickups: Citywide Agency Safe Handling Contract Contractor and DSNY staff worked with Agencies to assist them remove stockpiled material.
Audit Protocols Representative Sample (1) One of the Preliminary activities for this Program was to Determine the Number & Types of Facilities to be Audited Based on these determinations, Agencies were categorized into Large, Medium, Small and Very Small Agencies Each Agency was given their total list of auditable facilities and then given the number of sites to be inspected
Audit Protocols Representative Sample (2) The Mayoral Agencies were categorized by size as follows: Large Agencies 500 or more facilities (inspected 10% or 75 facilities) Department of Education Medium Agencies 100 or more facilities (inspected 15% or 25 facilities) NYPD & FDNY Small Agencies Less than 100 facilities (inspected 25% or 5 facilities) 12 Agencies (DSNY/Parks/Health ) Very Small Agencies Less than 5 facilities (1 facility to inspect) 20 Agencies (DDC/Culture/OEM ) Agencies that solely managed electronics in facilities where another Agency manages their lighting were not required to perform their own audits Three Agencies (LPC/Planning/OPA)
Audit Protocols Representative Sample (3) Agencies were asked to select a representative sample of their facilities with the following criteria when applicable: At least one large and one small facility Facilities encompassing various Agency operations Facilities managed by different personnel or Agency units Facilities located across the City A consolidation site (where material is being stored for removal) was included Facilities where another Agency manages their lighting were excluded 359 Facilities Were Selected
Audit Protocols EPA required the City to develop audit protocols to conduct multi-facility inspections:. These audit protocols had to flexible to accommodate - all 39 Mayoral Agencies varying facility types various management types (private/mixed/multi-agency) In addition, the protocols needed to be Easily understandable to the Agency inspectors Meet EPA s approval Create Standards that Agencies could reasonably achieve
Audit Protocols 1. Inspections to be handled by each Agency, with DSNY and its consultants attending a significant proportion. 2. Agencies not using citywide contract were required to have their contracts reviewed by DSNY. 3. Agencies were able to perform an entrance interview prior to official inspection. 4. Agencies managing lighting for another agency would be responsible to inspect their tenant agencies. 5. All questions were to be asked at each inspection even when the question is not specific to said facility (i.e. contract disposal questions). 6. DSNY would be responsible to review all completed inspection checklists and provide notices of compliance or noncompliance. 7. Facilities may be re-inspected twice (within 21 days of previous inspection) prior to final non-compliance.
Audit Checklist
Inspector Selection (1) Each Agency is responsible to inspect their facilities, therefore they were required to select their inspectors. Guidelines for selected were drafted by DSNY and included: 1. Ability to identify and report areas of noncompliance. 2. Ability to identify existing and predictable hazards. 3. Authorized to initiate prompt corrective actions. 4. Access to records. 5. Necessary authority and security clearance to enter waste storage areas.
Inspector Selection (2) EPA Consent Order required that all inspectors be trained: Inspectors were required to take online facility managers safety training as well as attend an instructor-led class that covered: 1. Review of Safety Training 2. Inspection Process 3. Audit Checklist Review 4. Inspection Follow-up 15 Training sessions were held (10 initial sessions; 5 additional sessions added later) 280 Inspectors and other stake holders attended one of the instructor-led classes
Inspection Process DSNY facilitated the inspection process as follows: 1. Agency submits an online form notifying DSNY of inspection date. 2. DSNY verifies facility and assigns DSNY or consultant staff to attend selected inspection. 3. DSNY provides pre-filled official checklist to inspector. 4. Agency returns checklist via fax to DSNY. 5. Checklist entered into automated inspection tracking system and results reviewed by DSNY and consultants. 6. Each completed checklist was graded independently by two sets of eyes before notifying the Agency of the audit outcome. 7. DSNY provides notice to Agency of compliance status with recommended corrective action if appropriate.
Inspections During each facility audit the inspector reviews: 1. Paperwork 2. Lighting storage areas 3. IT storage areas 4. Waste storage areas
Inspections In the event of non-compliance: Agency must fully re-inspect within 21 days (unless third instance of non-compliance). Prior to any re-inspection, Agency must provide DSNY a written explanation indicating what corrective action(s) were taken in response to the violations cited, and what measures have been undertaken to prevent this issue in the future. After third instance of non-compliance, facility is fully non-compliant. In addition a severity level is associated with the non-compliant status. Agencies may be required by the EPA to inspect larger percentage of facilities based on the number and severity of final non-compliance.
General Challenges (1) Complex Regulations Regulations surrounding hazardous waste are written for industrial facilities, often difficult to apply to non-industrial facilities. Some regulatory terms, such as hazardous can cause unnecessary health and safety concerns to staff and the general public. Agencies that generally have no experience with environmental health and safety regulations or solid waste issues are often confused about requirements.
General Challenges (2) Maintaining Priority & Taking Responsibility Unlike other initiatives, this program did have the weight of an EPA consent order behind it; however: A great deal of time was spent continually contacting Agencies to ensure they are meeting required steps within required timeframes. The Mayor s Office was asked to step in on various occasions to ensure Agency responsiveness. Due to complexity of the issue, some Agencies had difficulty assigning responsibility for tasks to the appropriate unit/staff within their Agency.
Disposal As of the end of 2013 the total material collected under this contract is as follows: Waste Material Quantity Unit of Measure Fluorescent Lamps 302,743 Lamps Electronics 2,952,875 Pounds Batteries 43,757 Pounds Ballasts 24,141 Pounds Mercury-Containing Devices 866 Pounds In addition, the Department of Education thru its own contracts d 105,556 pieces of ewaste (incl. TVs) and 711,600 pounds of spent lighting
Dave Hirschler 212.437.4675 dhirschler@dsny.nyc.gov