Objectives
To determine if the Department of Environmental Conservation (DEC) is adequately monitoring and timely abating waste tire sites and whether the waste tire fee collections are being used consistent with the purposes defined in the Environmental Conservation Law. The audit covers the period April 1, 2016 through February 6, 2019.
About the Program
Waste tires can pose serious risks to public health, safety, and the environment. They provide an ideal breeding ground for mosquitoes and other disease-carrying pests and are a fire hazard with the potential for devastating consequences. In 2003, the Waste Tire Management and Recycling Act (Act) was enacted to ensure the proper management of waste tires in the State. DEC, through its Division of Materials Management and its regional offices, is responsible for enforcement and abatement (cleanup) of waste tire sites. DEC has established an enforcement policy to ensure timely abatement. The Act established a waste tire management and recycling fee of $2.50 for each new tire sold, and DEC is authorized to use collected fees for the administration and enforcement of the requirements of the Act as well as the collection, treatment, and disposal of refuse and other solid waste, excluding inactive hazardous waste disposal sites. For the five-year period April 1, 2013 to March 31, 2018, DEC received approximately $135 million from waste tire management and recycling fees. DEC uses programmatic cost centers to track expenses charged to the Waste Management and Cleanup Fund (Fund). Disbursements from the Fund for personal service, non-personal service, and fringe benefit costs totaled about $115 million for the five-year period.
Key Findings
- DEC has made significant progress abating identified waste tire sites. Of the 187 noncompliant waste tire sites identified by DEC, nearly 44 million tires (99 percent) were abated at 160 sites (86 percent) as of October 2018. Most of the remaining 27 noncompliant sites contain relatively few waste tires.
- We identified delays establishing a new abatement contract through the Office of General Services (OGS) after the prior contract expired on October 30, 2016. The new contract was delayed until August 2018, partially because DEC had not promptly obtained consent orders (which allow the contractor access to the sites) for a sufficient number of sites to be included in the contract. The lack of a contract temporarily delayed initiating abatement at additional sites. We also found delays with certain enforcement steps typically taken prior to initiating the abatement process for some of the remaining 27 sites. Delays taking these steps may in turn further hinder timely abatement of the sites.
- We found some expenses charged to the Fund that did not appear to be related to waste tire abatement or other waste management activities allowable under the Law. Officials told us they developed a process in 2010 that allows divisions with mandated responsibilities that include, but are not limited to, activities covered under the Law, to charge certain amounts to the Fund. However, the methodology was neither retained nor provided for our review. While we agree some amount should be charged to the Fund for such divisions, we could not determine the reasonableness of the methodology used or the amounts established.
Key Recommendations
- Collaborate with OGS in the future to renew or establish new abatement contracts in a timely manner.
- Take steps to initiate enforcement actions as promptly as possible for non-compliant sites, especially for those sites that demonstrate a lengthy period of non-compliance and where the owner has not agreed to or begun voluntary abatement activities.
- Establish and document a methodology to estimate the portion of expenses to be charged to the Fund consistent with the authorized purposes under the Law, especially for those divisions that carry out multiple mandates.
Steve Goss
State Government Accountability Contact Information:
Audit Director: Steve Goss
Phone: (518) 474-3271; Email: [email protected]
Address: Office of the State Comptroller; Division of State Government Accountability; 110 State Street, 11th Floor; Albany, NY 12236