Update on Coal Ash at DEP-regulated Waste Connections JED Landfill
Published on: May 17, 2019
Updated: August 16, 2019
Delivery of Coal Ash From Puerto Rico Has Ended
JED Landfill accepted final shipment on Saturday August 10, 2019
Osceola County, Florida – Osceola County successfully pushed to end the delivery of coal ash from Puerto Rico to the JED Landfill, decreasing the delivery window from the original end date of December 2019 to August 10, 2019. The Board of County Commissioners efforts have resulted in having the JED Landfill reduce the volume of coal ash from Puerto Rico by approximately 60,000 tons.
“In addition to moving to end the delivery of the coal ash from AES in Puerto Rico, we were successful in our request to observe and monitor additional sampling and testing of coal ash at the landfill,” said Osceola County Chairwoman Cheryl Grieb. “As expected, the results showed no anomalies or irregularities. While Florida’s Department of Environmental Protection has the sole legal authority and responsibility to oversee landfill operations, the County worked with JED Landfill to end the delivery of out-of-state coal ash.”
According to documentation released by Waste Connections, the coal ash testing results remain consistent with all samples that have been taken by both AES and the JED Landfill by their third party consultants throughout the project. The results are well within compliance of all Federal and State regulations. Additionally, JED Landfill operators Waste Connections stated that this is the third lab location to analyze the coal ash and ALL results have been consistent.
As a privately owned and operated solid waste facility, the Waste Connections JED Landfill is regulated and permitted by the state and federal government and coal ash from within the State is allowed at the site. Coal ash disposal is regulated as a non-hazardous waste on both the state and federal levels. DEP has allowed coal ash from other locations to be disposed of at the JED landfill for a number of years – a situation repeated in Florida at 41 Class 1 landfills, as well as 12 coal ash monofills at power plants.
May 17, 2019
Osceola County, Florida – As permissible by the Florida Department of Environmental Protection (DEP), the privately-owned and operated Waste Connections JED Landfill in Holopaw has been accepting coal ash, sludge and bio-solids since it opened many years ago. The JED Landfill is a Class 1 facility, and is specifically permitted by DEP to receive coal ash – a non-toxic material, which contains trace quantities of metals similar to the levels of metals found in common soils.
CONTACT YOUR STATE AND FEDERAL REPRESENTATIVES WITH QUESTIONS OR CONCERNS ABOUT EPA/DEP COAL ASH REGULATIONS.
For a list of delegation members, click here.
COAL ASH FACTS:
- In total, 41 Class 1 Landfills in Florida accept coal ash.
- In addition, Florida has 12 active coal ash monofill sites permitted by DEP. These are located onsite at power plants.
- The federal Environmental Protection Agency (EPA) has created a “Frequently Asked Questions” document about the beneficial use of coal ash
- Waste Connections has provided a fact sheet regarding Coal Ash at the JED Landfill. To view that Fact Sheet click here
OSCEOLA COUNTY BCC – Key Milestones:
- Osceola County has used the privately-owned and operated Omni Waste/Waste Connections JED Landfill since 2002 to dispose of household trash and other waste.
- To view a copy of the 2002 contract click here.
- The view the amended 2012 contract click here.
- On April 1, 2019 the BCC voted in favor of an Addendum to the Omni/Waste Connections contract allowing the company to accept coal ash from Puerto Rico. The state of Florida, via DEP, already allows coal ash at the JED Landfill, and has allowed it for years. To view a copy of the April 1, 2019 Addendum to the contract, click here.
- Subsequently, after a tremendous outpouring of public opinion, and acting in what it believes is the best interest of the public, Osceola County Commissioners have asked the operators of the JED landfill to immediately halt the transfer of coal ash from Puerto Rico to Osceola County.
- 05-14-19: To read Chairwoman Cheryl Grieb’s 05-14-19 letter to Waste Connections and 05-16-19 follow up Statement, click here.
- 05-22-19: To read the Waste Connections 05-22-19 response letter, click here.
- 06-05-19: To read Chairwoman Grieb’s 06-05-19 response letter to Waste Connections, click here.
- 07-09-19: To read the Waste Connections 06-28-19 response letter to Chairwoman Grieb, click here.
- 07-17-19: To read the JonesEdmunds 07-15-19 presentation to the Board of County Commissioners, click here.
- 07-31-19: To read the JonesEdmunds-Osceola Coal Ash FAQ’s, click here.
- 08-05-19:To read the JonesEdmunds 08-05-19 Presentation to the Board of County Commissioners, click here.
- 08-16-19: Read the TCLP Final Report here.
- 08-16-19: Read the Chain of Custody Record here.
As a privately owned and operated solid waste facility, the Waste Connections JED landfill is licensed and permitted by the Florida Department of Environmental Protection (DEP), as delegated by the Environmental Protection Agency (EPA). EPA regulations are determined at the federal level; questions about those regulations and enforcement (including coal ash disposal) should be directed to the EPA. Questions regarding landfill operations should be directed to Waste Connections, or to the Florida DEP. In the past, the JED landfill has accepted coal ash from locations within the state of Florida. The recent amendment from the BCC allows the JED landfill to accept coal ash from Puerto Rico.
Osceola County is committed to protecting our vital natural resources, and adheres to all state and federal requirements. Current regulations require coal ash to be disposed of in a Class 1 facility, which is the status of the privately owned and operated Waste Connections JED Landfill. However, on Monday May 13th the Board of County Commissioners at their regular meeting, and after much public testimony, voted to send a letter to the operators of the JED landfill requesting that they cease receiving coal ash from Puerto Rico into the JED landfill immediately.
In the meantime please know that in addition to permit requirements, landfill operators are mandated to submit to quarterly on-site inspections. Those inspection records and more are available at https://www.epa.gov/compliance/how-we-monitor-compliance. Operational management concerns should be directed to Florida’s DEP at 850-245-8705 or https://floridadep.gov/waste/permitting-compliance-assistance so they may be addressed during those inspections.
HELPING PUERTO RICO
The dire situation in Puerto Rico – which does not have a Class 1 landfill for correct disposal -- was a motivating factor in the County’s decision.
05-16-19 Statement from Osceola County BCC Chairwoman Cheryl Grieb
“Approving the request from Waste Connections also allowed us to act in a humanitarian manner by assisting our brothers and sisters from Puerto Rico in the still ongoing cleanup and recovery from the devastating hurricanes of the past few years. The simple fact is that resources are scarce in the Islands – and that includes Class 1 regulated landfills. As home to one of the largest Puerto Rican populations in the United States, including storm evacuees, Osceola County is naturally sympathetic to their ongoing plight of our Puerto Rican residents and neighbors. However, after hearing from so many citizens – many of whom spoke passionately about their concerns – we have requested that Waste Connections voluntarily release us from the contractual agreement that was approved on April 1. Pending their reply, it is urgent that we acknowledge the key role of the Florida Department of Environmental protection in regulating the JED landfill.”
COAL ASH IN FLORIDA
- DEP has allowed coal ash from other locations to be disposed of at the JED landfill for a number of years – a situation repeated in Florida at 41 Class 1 landfills, as well as 12 coal ash monofills at power plants.
- AES Puerto Rico has been transporting and disposing of coal ash in compliance with state and federal environmental regulations inside the mainland United States for several years.
- The JED Landfill is regulated and permitted by the state and federal government and coal ash is allowed at the site. Coal ash disposal is regulated as a non-hazardous waste on both the state and federal levels.
COAL ASH FACTS
- Coal is the fuel source for approximately one-third of electricity generation in the United States and produces large volumes of solid coal combustion residuals — primarily ash and synthetic gypsum from emissions control devices.
- According to the American Coal Ash Association, 111.3 million tons of coal combustion residuals were produced in the United States in 2017. About 64 percent of these materials were safely used in products such as concrete and wallboard that people come into contact with every day. But recycling markets at this time cannot accommodate all of the material, leading to nearly 40 million tons of ash disposal annually. Ash is routinely transported across state lines for both use and disposal.
- The JED facility could receive up to 200,000 total tons by the end of 2019. The facility receives approximately 1.8 million tons of all types of waste each year, meaning the coal ash project would represent about 10 percent of the facility’s total volume. The total project potential represents approximately 0.005 percent of national coal ash disposal volumes.
- The Puerto Rico ash has been thoroughly tested at certified laboratories to confirm it is below relevant regulatory thresholds used to determine acceptability prior to disposal at the JED facility. All results for the material are well within the EPA established limits. Analytical results include the required eight metals: Arsenic, Barium, Cadmium, Chromium, Lead, Mercury, Selenium and Silver. The most limiting level established by the EPA is for Mercury at 0.2 mg/L or 0.2 parts per million, followed by Cadmium and Selenium at 1.0 ppm each. (A part per million is equivalent to one inch in sixteen miles, one second in 11.5 days, or one minute in two years.) Results for the Puerto Rico ash indicate levels of Mercury at 0.00009 mg/L. This means the Puerto Rico ash has Mercury levels at nearly one million times less than the regulatory limit to be disposed at a permitted Class I landfill. To review the test results click here.
- DEP inspectors visited the JED Landfill facility earlier this month. For a copy of the report please call the Central District office at 407-897-2914 or click here to review the report.
ABOUT THE JED SOLID WASTE FACILITY
The JED Facility in Holopaw is a Class 1 landfill that is permitted by the Florida Department of Environmental Protection and built to meet federal Resource Conservation and Recovery Act Subtitle D requirements. The permit allows JED to accept industrial waste, including coal ash. The facility features redundant liners and leachate collection systems to prevent any leakage into ground water. These systems include:
- Six (6) inch prepared subgrade.
- Secondary geosynthetic clay liner.
- Secondary 60 mil textured geomembrane.
- Secondary geocomposite drainage layer.
- Primary 60 mil textured geomembrane.
- Primary geocomposite drainage layer.
- Two (2) foot protective cover layer.
- Leachate collection system. (All leachate is collected onsite and disposed of at FDEP permitted facilities.)