MINUTES OF A REGULAR MEETING OF
THE HAMILTON COUNTY SOLID WASTE MANAGEMENT DISTRICT
POLICY COMMITTEE
NOVEMBER 14, 2002

DATE: November 14, 2002

TIME: 2:00 pm

PLACE: Hamilton County Department of Environmental Services
250 William Howard Taft Road
Cincinnati, Ohio 45219

PRESENT: Policy Committee Members
Keith Corman, Township Representative, Vice Chair
Tony DiPuccio, Generator Representative
Dr. Carl Evert, General Interest Member
Karl Graham, Representative of Largest Municipality
Tim Ingram, Hamilton County General Health District Representative
Dr. James O'Reilly, Public Member
Larry Riddle, Ex-Officio Member

DOES Staff
Jeffrey W. Aluotto, Solid Waste Manager
Sarah Dowers, Public Affairs Coordinator
Holly Christmann, Community Specialist
Ken Edgell, Environmental Administrative Coordinator
Christy Kellner, Business Specialist
Ali Khodadad, Operations Coordinator
Susan Schumacher, Secretary, Clerk
Tammy Wenhame, Public Affairs Specialist

Others In Attendance
Karen Ball, Commissioner Portune's Aid
Brad Boyer, Environmental Enterprises
Nee Fong Chin, Hamilton County Prosector's Office
Martha Gentry, City of Cincinnati
Alice Kennedy, Citizen
Dan McCabe, Environmental Enterprises
Dave Nutini, Hamilton County General Health District
Bob Orr, CSI
Ed Parchment, Environmental Enterprises

ABSENT: Policy Committee Members
Todd Portune, County Commissioner, Chair

I. CALL TO ORDER

Mr. Corman called the meeting to order at 2:02 pm and welcomed everyone.

II. CLERK'S REPORT

A. Approval of Minutes - September 19, 2002

Mr. Ingram moved to approve the September 19, 2002 minutes. Mr. Graham seconded. All were in favor and the minutes were approved by acclamation.

B. Additions/Changes to the Agenda

Under Informational Items add the following:

-IAWMP (Integrated Alternative Waste Management Project) Updates

-Update on the OEPA-DISW Proposed .25/ton Increase of the State Fee

• FINANCE SUBCOMMITTEE REPORT

A. Finance SubCommittee Report - November 14, 2002

Mr. Graham stated that Staff identified a supplemental appropriation for $15,700 to cover administration and labor costs associated with having interns longer than originally planned. Two of the major projects were the HHM Project and the Regional Planning Commission Study. The Finance SubCommittee recommended to the Policy Committee that the supplemental appropriation be taken from the carry-over balance be approved.

Mr. Graham stated that the Finance SubCommittee reviewed the tipping fee revenues and are ahead of last year. Revenues are on track to finish the year at $2.7 million.

The Finance SubCommittee also reviewed and recommended approval of SWR 07/2002 which represents expenditures from September 1- October 31, 2002.

A question and answer session ensued following Mr. Graham's report.

• Approval of Disbursements - Resolution SWR 07/2002

The Finance SubCommittee reviewed the expenditures and recommended approval of SWR 07/2002 which covers expenditures from September 1 - October 31, 2002. Mr. Graham motioned approval of SWR 07/2002. Dr. Evert seconded and SWR 07/2002 was approved by acclamation.

IV. POLICY ITEMS

A. Household Hazardous Waste Bids

Mr. Aluotto briefly discussed the history behind the regularly scheduled HHM events and the pilot project for a permanent collection facility for 2004. The District had bids out for the temporary collection events and received bids back from three qualified bidders, however, Staff recommends that the project be re-bid. There are a couple of reasons as to why the bids should be rebid; 1) When the bid specs were put out, Staff feels that they were not precise in terms of directing the bidders as to which estimate of quantity they should use in order to formulate their bid prices. Staff feels that the bidders were basing their bid prices on dramatically different estimates in quantity which showed up in the bid price. Using different scenarios in the evaluation process, Staff could not find a clear low bidder for the project. Staff met with the Purchasing Department who concurred with the District's decision to re-bid the project. 2) When looking at the bid prices in relation to the quantities, Staff feels that some of the quantity information supplied by the District was dramatically different from what could realistically be expected at future events.
 

Mr. Aluotto stated that due to the above reasons, Staff is recommending to tighten up the bid specs, reissue the bid, and make sure everyone is bidding on the exact same estimates.

Mr. Aluotto stated that due to the magnitude of this project, it requires action from the Board of County Commissioners to reject and re-bid a project.

Dr. O'Reilly motioned that the Board of County Commissioners be requested to re-bid the Household Hazardous Waste collection process for 2003. Mr. Graham seconded; all were in favor and the motion was approved.

• Market Development Grant

Mr. Aluotto briefed the Policy Committee on the history behind the Market Development Grants. The District received several pre-proposals; Omaha Paper Stock, Recycling Express, and Biolumber. Omaha Paper Stock did not make it through the pre-proposal process, Recycling Express did not submit a final proposal but the District did receive a pre-proposal from Biolumber. Biolumber is ranked very high among ODNR prospective projects.

Mr. Aluotto stated that in the past, a grant was awarded to On-Spec Composites, Inc. and that Bio-lumber will be housed at the same location but will be manufacturing a structural grade plastic lumber (beams, joists, etc.). The District is very excited that Biolumber has chosen Hamilton County in which to implement their project. Of all the projects ODNR has ranked through the pre-proposal project, Biolumber is the number 2 or 3 in the State that they are targeting for funding.

A brief question and answer session ensued regarding details about Biolumber.

Mr. Ingram motioned to approve forwarding the Biolumber grant to ODNR. Mr. Graham seconded; all were in favor and the motion was approved.

• Partnership with Inform

Mr. Aluotto gave background information regarding the non-profit, Inform and the potential partnership. District Staff would like to use Inform on matters relating to EPP technical assistance. The District would not be bound by any of Inform's recommendations. They provide advice and the District must act in good faith. At the last Policy Committee meeting, it was asked of Staff to provide some additional information before the item was voted on. Attachment B of the Manager's Memo provided that information. Mr. Aluotto reiterated the existing partnerships between Inform and several other organizations including the City of Cincinnati. The partnership only requires a letter of support from the Policy Committee Chair.

After a brief discussion and question/answer period, Mr. Graham motioned to forward a letter of support for a partnership with Inform. Mr. Ingram seconded. Mr. Corman cast a "nay" vote on behalf of the Hamilton County Township Association; everyone else was in favor and the motion was approved.

• Environmental Court

Mr. Aluotto stated that Judge Guckenberger has agreed to start hearing housing court cases out of the City of Cincinnati and also hearing major environmental cases that do not include minor misdemeanors. This is a docket and it is not the formation of a full environmental court. There is a meeting of court administration with Judge Guckenberger tomorrow to discuss more specifically the types of cases that might be brought under this type of legal venue.

Mr. Aluotto stated that there needs to be some clarification regarding the specifics of the types of cases these would entail. Tony Upton will be attending the court administration meeting and will be reporting to the District in terms of the specifics.

Dr. Evert asked if the environmental judge would be looking at appeals cases. Mr. Aluotto stated that the appeals cases Dr. Evert may be referring to was from Mayor's courts and he does not think that this would be the case under this scenario. The cases that were described to him would only be major environmental cases. Ms. Chin stated that any case coming out of Mayor's court would be rolled to any number of municipal judges and she does not know if Judge Guckenberger will be hearing all of the appeals from Mayor's court from littering, etc. She thinks, at this point, the cases will be rolled to any number of Municipal judges. Ms. Chin also stated that she did not know how "major cases" is being defined.

Dr. O'Reilly stated that he would be very interested in how the Judge will define his jurisdiction. Judge Guckenberger is very "into" environmental issues and hopefully, this will deliver exactly what he was hoping for. His concern is that there should be a continued interest in how littering cases are enforced because part of the deterrent is to have local law enforcement to be able to rely on the case getting prosecuted.

Mr. Aluotto stated that there was not a Staff Recommendation attached to this Policy Item. It was thought at the last meeting before the Judge Guckenberger issue came up that this meeting would be used to formally pass Dr. O'Reilly's original motion to forward to the County Commissioners. From a Staff perspective, he is not sure that passing the motion is necessary, at least in the form that the motion was formerly, in seeing what is occurring in Judge Guckenberger's office.

Dr. O'Reilly stated that he will undertake to write Judge Guckenberger a letter that states that this is not the view of the Policy Committee and this is not the view of the University and he would encourage Judge Guckenberger to pursue this.

Mr. Corman stated that this item will be tabled until additional information is received concerning the definition of "major cases".

Mr. Aluotto stated that Staff will work with court administration to find out more specifically what types of major crimes Judge Guckenberger is looking at hearing.

Mr. Corman stated that as he understood it, concerning the Prosecutor's Office, there was a question about additional personnel in regards to Environmental Court. Ms. Chin stated that additional personnel referred to Environmental Court. For the other docket, it would fall under Municipal Court.

• INFORMATIONAL ITEMS

A. City of Cincinnati Recycling Program

Mr. Aluotto stated that it has been reported that the City of Cincinnati is considering the discontinuation of its curbside recycling program. This development could have significant impact on the District in terms of what the City's recycling program means to the region. Simply, the perspective of the District meeting its 25% diversion goal as well as the impact that the City's tonnage has on Rumpke's MRF and the ability to sustain a recycling system within the region. The City's material constitutes approximately 17-20% of the material that goes through the MRF. There is also a concern that if that program is discontinued it could potentially cause other community's recycling price to increase and also cause other community's to discontinue their recycling programs as well.

Mr. Aluotto spoke to OEPA and at this point, a discontinuation of the City's recycling program will formally constitute a "material change in circumstances" and would require the District to re-write the Solid Waste Plan.

Mr. Aluotto stated that he did not know what the City's decision will be but wanted to make the Policy Committee aware of the issues that the District faces from a regional perspective as well as what it might mean internally from a Plan perspective.

Mr. Aluotto stated that County Administrator Krings asked him to write a memo outlining the issues and Mr. Krings then forwarded the memo to City Manager, Valerie Lemmie, which is included as Attachment D of the Manager's Memo.

Dr. O'Reilly asked if Mr. Graham could elaborate on the issue. Mr. Graham entertained a brief question and answer discussion.

Mr. O'Reilly moved to send a letter addressed to Ms. Lemmie, copied to the City Council member's and the Mayor, expressing the views that a cessation of recycling by the City of Cincinnati would have a substantial negative impact, would have a community wide effect beyond the boundaries of the City, would impose substantial cause for other jurisdictions to follow the City, and also would require a complete re-write of our Plan. State to the City Manager and those copied that the Policy Committee encourages them to retain recycling. Mr. Ingram seconded, Mr. Graham abstained; everyone else was in favor and the motion was approved.

Mr. Aluotto stated he would submit a draft of the letter to the Policy Committee for their approval.

B. Regional Planning Commission Presentation

Mr. Aluotto stated that Staff recently provided a report to the Regional Planning Commission concerning solid waste disposal capacity in the region, and various issues relating to their decision on land use planning amendment concerning Colerain Township and Rumpke Landfill, at the Regional Planning Commission's request.

This report was presented to the Regional Planning Commission on November 7, 2002. The formal action taken by the Regional Planning Commission was to continue the hearing for 30 days. Mr. Aluotto stated that the Regional Planning Commission received the report as factual information which is what was requested by the Policy Committee.

Mr. Aluotto stated that the capacity study which was included in the report is something OEPA requires the District to do periodically. The capacity information will be released to the public within the next week or two.

Mr. Graham stated that he wanted to publically commend Mr. Aluotto and anyone else involved in the preparation of the Regional Planning Commission report for a wonderful job. Mr. Riddle stated that Rumpke looked the report over pretty closely and there was not much they could take exception to. Rumpke thought it was a very well written report and well founded.

Mr. Riddle stated that in reference to the report; what happens without Rumpke, when capacity goes away to the region? The dollar value to that equates to approximately $48,000,000/year to the region.

• Integrated Alternative Waste Management Projects (IAWMP) Updates

Mr. Aluotto stated that in the past, the District received correspondence from OEPA whenever there was a beneficial use project proposed within the District's boundaries which would take material that was formerly going to the landfill; take it out of the landfill and be used by a private sector entity for a beneficial use such as fly ash being used as construction fill.

Mr. Aluotto stated that the reason OEPA informs the District is because they realize District fees could be impacted if there is a large quantity of material taken out of the landfill and taken somewhere else. The District has been informed that currently, there are two projects pending at OEPA: 1) Rumpke's beneficial use of sludge incinerator ash as a compost amendment for their compost facility. 2) Waste Management to use a garnet material, which is a by-product of the metal industry process for road base and fill on C&D landfills as a alternate cover.

Mr. Aluotto stated that the District has limited information on these projects and OEPA will submit formal correspondence to the District within the next few weeks regarding both projects i.e. types of quantities.

Mr. Aluotto stated that as of this morning, OEPA was taking the opinion that while they would potentially approve IAWMP projects, they would do so under the knowledge that the entity's still had to collect and remit the State and local fees. Under OEPA's opinion, although it is beneficial use, they still take the path that this is still land disposal and the fees should still be collected and remitted to the State and District.

Mr. Aluotto and Mr. Riddle concurred that these projects probably would not happen if the State and local fees were not waived. Mr. Aluotto stated that he has brought this item to the Policy Committee for the main issue that there is a couple of contradicting policy agendas; 1) the preservation of revenue and the desire to do that and 2) encourage beneficial reuse projects.

Mr. Aluotto stated at this point, the District does not have much information but will provide information to the Policy Committee as it becomes available to the District.

A brief discussion ensued regarding the IAWMP project and Mr. Riddle updated the Committee on the MSD incinerator ash/compost pilot study currently occurring at Rumpke Landfill.
 

• State Fee Update

Mr. Riddle stated that the State of Ohio-Division of Solid and Infectious Waste Management is working a plan to add .25 to the State fee which currently is $1.75. Mr. Riddle passed out a summary of the proposed fee increase to the Policy Committee.

Mr. Riddle discussed the proposal and an question and answer session ensued.

• TENTATIVE FUTURE AGENDA ITEMS

Prosecutor's Opinion regarding the Maharg fee study and Environmental Court

VII. POLICY COMMITTEE MEMBERS' COMMENTS

Dr. O'Reilly stated that the Regional Planning Commission report was excellent and thanked the Staff Members who worked on it.

Dr. O'Reilly stated that regarding the Maharg fee study, he has submitted his own comments and looks forward to a detailed response from the Prosecutor's Office.

Mr. Ingram stated that on November 12, 2002, he testified in front of the House State Local Government Committee as a proponent for SB 199, which is Senator Karns bill, and is the Bill that would revamp some of the C&DD regulations. Specifically the Bill addresses disposal fees. Mr. Ingram stated that he did not know if the Bill is going to get out of Committee. A brief question and answer period ensued.

Mr. Riddle stated that as a reminder, OEPA is having a public information meeting on Rumpke Landfill's vertical expansion at Northwest High School tonight at 7 pm. It is basically a discussion to inform the public on what the Permit to Install application is all about and to answer questions.

Mr. Corman stated that he understood there was a luncheon at Pebble Creek Country Club tomorrow in regards to recycling. Mr. Aluotto stated that it was the Rumpke Recycling Awards and discussed some specifics regarding the award ceremony.

VIII. PUBLIC COMMENTS

Mr. Aluotto pointed out a display to the Policy Committee and stated that it was a new advertising display which will be placed in grocery stores, library's, other retail outlets, etc. on a rotating basis. The purpose is to follow-up on the survey results of last year; letting residents know how to have access to recycling in Hamilton County. The display was developed in cooperation with the District, Rumpke, Keep Cincinnati Beautiful, and the City of Cincinnati. The display was professionally done by Fisher Design.

Mr. Aluotto stated that he wanted to pass on a note of thanks from Bill Wojcik of NU-BLEND Paints. On November 8, 2002, Mr. Wojcik had a re-opening of the NU-BLEND facility. Mr. Wojcik has purchased the entire building and has named it the NU-BLEND Building. On November 8, 2002, there was an open house and the District participated in the ribbon cutting. Operations seem to be doing very well; NU-BLEND recently received a $50,000 foundation grant from 5/3rd bank.

Mr. Aluotto stated that the speech Mr. Wojcik gave during the open house directly thanked the Policy Committee for their support and faith in the program and would have not been possible without that support.

IX. UPCOMING DISTRICT MEETINGS

The next Policy Committee meeting is scheduled for 2:00 pm on Thursday, January 9, 2003 at Hamilton County Department of Environmental Services located at 250 William Howard Taft Road.

• ADJOURNMENT

The meeting was adjourned by acclamation at 3:08 pm.