vision2020
Why NIMBY is a valid argument...
NIMBY means Not-In-My-Backyard and MSW means municipal solid waste. Complete
paper is available at:
http://members.aol.com/annejlee/pap/funding.htm
Addressing Justifiable NIMBY: A Prescription for MSW Management
G. Fred Lee, Ph.D., P.E., D.E.E.,
Anne Jones-Lee, Ph.D.
G. Fred Lee & Associates
El Macero, California
Conclusion
Municipal solid waste landfills can, and usually do, have a significant
adverse impact on the individuals who own property, reside or otherwise use
areas near the landfill. This leads to a justifiable NIMBY on the part of
those who are potentially adversely affected by the landfill. The "dry tomb"
landfilling approach for managing municipal solid waste adopted by the US EPA
in October 1991 at best only postpones groundwater pollution. It does not
adequately address the legitimate concerns that individuals who own, live or
use properties near landfills have for the potential impact of the landfill
on their interests. While the US EPA asserts that the adoption of these
regulations should enable the permitting of landfills for municipal solid
waste management, it is clear that this will not be the case, since the
agency has yet to effectively address the wide range of legitimate concerns
that individuals within the sphere of influence of a landfill can and will
experience because of the landfill. The "dry tomb" landfilling approach is
obviously a flawed technology that did not work for hazardous wastes and will
not work for municipal solid wastes. It has become clear that municipal solid
wastes should be treated to remove components that can generate leachate that
adversely affects groundwater quality. Until such approaches are adopted in
the US as a general approach for managing municipal solid waste, the solid
waste management capacity crisis that now exists will continue to exist.
Even with appropriate treatment of MSW so that the residues do not represent
a significant threat to public health, groundwater resources and the
environment, it will be necessary to continue to develop landfills for
management of treated residues. In addition to developing technically valid,
cost-effective and protective approaches for groundwater quality associated
with municipal solid waste management for as long as the wastes represent a
threat, it will be necessary to significantly change the approach that is
being used to address the concerns of those individuals who are within the
sphere of influence of an existing or proposed landfill. Certain specific
approaches are recommended to address these concerns. These include:
providing unequivocal public health, groundwater, air and environmental
quality protection from MSW wastes and treated residues
funding concerned citizens' activities so that they may effectively express
their concerns in the permitting of new or expanded landfills
funding the purchase of an adequate land buffer around proposed landfills so
that those who own, reside or use properties adjacent to or near the landfill
property will not be adversely affected by the landfill operations that can
be addressed by separation of the landfill waste containment area from
adjacent properties
purchasing properties at least fair market value from all landowners who wish
to sell their property within the potential sphere of influence of the
landfill
providing financial compensation to all owners/residents of land within the
sphere of influence of the landfill to cover non-preventable adverse impacts
of the landfill on them
funding third-party independent monitoring of landfill activities for those
who are potentially adversely affected by the landfill
establishing a post-closure care trust fund of sufficient magnitude to ensure
that funds will be available when needed to remediate to the extent possible
the contaminated groundwaters and, if necessary, exhume the wastes from the
landfill and treat the residues that have a potential to cause groundwater
pollution
modifying the "dry tomb" landfilling approach so that "dry tomb" landfills
that accept untreated wastes are considered to be useful for temporary
storage of the wastes which will cease upon leachate penetration of the
uppermost composite liner with sufficient leachate to potentially cause,
under worst case scenario conditions, groundwater pollution in the vicinity
of the landfill.
The source of the funds for each of these activities should be derived from
garbage disposal fees contributed by those who generate the wastes and do not
wish to have a landfill in their backyard. Where long term funding is needed,
these funds should be deposited in a trust fund(s) of sufficient magnitude to
ensure that all plausible worst case scenarios can be immediately effectively
addressed upon their detection, before they become significant problems to
those who own property, reside or otherwise use lands under the sphere of
influence of the landfill.
In this discussion, a number of suggestions are made on distances, amounts of
funds needed and related topics which are based on the authors' experience in
the topic area. The magnitude of the values presented is subject to revision
based on site specific evaluations. In some cases, lesser values for
distances and funding may be possible. At others increased values will be
needed.
While the approach advocated represents an increase in cost to the public for
MSW management compared to what has been paid in the past, which has been
about ten cents per person per day, in the long term this approach will be
less expensive for society as a whole, since it will represent a significant
initiative toward municipal solid waste management in a manner that will
protect the interests of the public.
Acknowledgements
This prescription for an alternative approach for managing municipal solid
wastes other than the "dry tomb" landfilling of untreated wastes has evolved
out of the authors' over 20 years of work on the issues of municipal solid
waste pollution of groundwaters. The authors wish to acknowledge the support
of all of those who have supported their efforts in reviewing and addressing
the potential problems associated with the "dry tomb" landfilling approach
for management of municipal solid wastes.
References
Cherry, J., "Groundwater Monitoring: Some Deficiencies and Opportunities,"
IN: Hazardous Waste Site Investigations; Towards Better Decisions,
Proceedings of 10th ORNL Life Sciences Symposium Gatlinburg, TN, May 1990,
Lewis Publishers (1990).
GAO (General Accounting Office), "Hazardous Waste Funding of Postclosure
Liabilities Remains Uncertain," Report to Congress, CAO/RCED-90-64, GAO,
Washington, D.C., June (1990).
Hickman, H. L., "Financial Assurance - Will the Check Bounce?," Municipal
Solid Waste News, Solid Waste Association of North America, Vol. 14, No. 3,
p.4-5, March (1992).
Jones-Lee, A., and Lee, G. F., "Groundwater Pollution by Municipal Landfills:
Leachate Composition, Detection and Water Quality Significance," Proceedings
of Sardinia '93 IV International Landfill Symposium, Sardinia, Italy, October
(1993).
Lee, G. F., and Jones, R. A., "Use of Landfill Mining in Solid Waste
Management," Proc. Water Quality Management of Landfills, Water Pollution
Control Federation, Chicago, IL, July (1990a).
Lee, G. F., and Jones, R. A., "Managed Fermentation and Leaching: An
Alternative to MSW Landfills," Biocycle 31(5):78-80,83 (1990b).
Lee, G. F., and Jones, R. A., "Landfills and Ground-water Quality," Guest
editorial, J. Ground Water 29:482-486 (1991a).
Lee, G. F., and Jones, R. A., "Regulating Drinking Water Quality at the
Source," proceedings University of California Water Resources Center
Conference, "Protecting Water Supply Water Quality at the Source,"
Sacramento, CA, April (1991b).
Lee, G. F., and Jones, R. A., "Review of Proposed Landfills: Questions that
Should be Answered," Statement prepared by G. Fred Lee & Associates, El
Macero, CA, November (1991c).
Lee, G. F., and Jones-Lee, A., "Municipal Landfill Post-Closure Care Funding:
30-Year Post Closure Care Myth," report, G. Fred Lee & Associates, El Macero,
CA (1992).
Lee, G. F., and Jones, R. A., "Municipal Solid Waste Management in Lined,
'Dry Tomb' Landfills: A Technologically Flawed Approach for Protection of
Groundwater Quality," Short course notes for American Society of Civil
Engineers short course, New York City and Atlanta, GA, January (1993).
Lee, G. F., and Jones-Lee, A., "Landfill Post-Closure Care: Can Owners
Guarantee the Money Will Be There?", Solid Waste and Power, 7(4):35-39
(1993a).
Lee, G. F., and Jones-Lee, A., "Excerpts from `Municipal Solid Waste
Management: Long-Term Public Health and Environmental Protection,'" Report of
G. Fred Lee & Associates, El Macero, CA and short course notes, Landfills and
Groundwater Quality short course, University of California, Riverside
Extension, Riverside, CA, May (1993b).
Lee, G. F., and Jones-Lee, A., "Practical Environmental Ethics: Is There an
Obligation to Tell the Whole Truth?," Submitted to Civil Engineering, ASCE,
May (1993c).
Lee, G. F., and Jones-Lee, A., "Groundwater Quality Monitoring at Lined
Landfills: Adequacy of Subtitle D Approaches," Report of G. Fred Lee &
Associates, El Macero, CA and short course notes, Landfills and Groundwater
Quality short course, University of California, Riverside Extension,
Riverside, CA, June (1993d).
Lee, G. F., and Jones-Lee, A., "Environmental Impacts of Alternative
Approaches of Municipal Solid Waste Management: An Overview," report, G. Fred
Lee & Associates, El Macero, CA July (1993e).
Lee, G. F., and Jones-Lee, A., "Revisions of State MSW Landfill Regulations:
Issues for Consideration for the Protection of Groundwater Quality," Journal
of Environmental Management Review, August (1993f).
Lee, G. F., and Jones-Lee, A., "Landfills and Groundwater Pollution Issues:
'Dry Tomb' vs F/L Wet-Cell Landfills," Proceedings of Sardinia '93 IV
International Landfill Symposium, Sardinia, Italy, October (1993g).
Lee, G. F., and Jones-Lee, A., "Comments on Alachua Department of Public
Works' Landfill diting Process and Selection of Site E as Best Available Site
for County Landfill," report, G. Fred Lee & Associates, El Macero, CA July
(1993h).
Reilly, William K., "Environmental Equity: EPA's Position," EPA Journal, 18,
No. 1, March/April (1992).
US EPA, "Solid Waste Disposal Facility Criteria; Proposed Rule," Federal
Register53(168):33314-33422, 40 CFR Parts 257 and 258, US EPA, Washington,
DC, August 30 (1988a).
US EPA, "Criteria for Municipal Solid Waste Landfills," Draft Background
Document, Closure/Postclosure Care and Financial Responsibility Requirements,
40 CFR Part 258 Subpart C 258.30-258.32, EPA/530-SW-88-041, US EPA,
Washington, DC (1988b).
US EPA, "Solid Waste Disposal Facility Criteria; Final Rule," 40 CFR Parts
257 and 258, Federal Register 56(196):50978-51119, October 9 (1991).
Back to TOC