A new year brings new laws that can significantly impact how businesses in our industry operate. In addition to ever-changing tax legislation, new local and state environmental laws regarding winter product (salt) usage and storage are beginning to enter the snow and ice management landscape.

Recently, I attended a meeting for a local jurisdiction where a good mix of state and county officials and numerous contractors were present. The two main discussion topics that were of particular interest to our industry were:

1. Salt usage and waste by private contractors and public operators; and
2. Onsite storage and handling of ice melt products by private contractors.

As many of us are aware, these discussions and concerns have been going on for many years. Moving forward, I believe market conditions and contract values will force our industry to self-adjust to eliminate as much waste as possible, mainly due to high material, labor and fuel costs.

But onsite storage and proper handling of snow and ice management products, especially salt, seem to be the main concerns at HOA and local jurisdiction meetings. Specifically, there is significant concern around environmental issues from insufficient runoff control of surface water, which can have a significant impact downstream in creeks, streams, rivers, lakes and bays.

Bulk containment

One of the biggest concerns raised in the meeting I attended was the problem of uncontrolled and uncontained bulk salt piles, particularly in shopping centers and on other large, paved areas. Those concerned proposed a solution to control and contain large bulk salt storage piles by surrounding the entire pile with hay bales to prevent uncontrolled water runoff into storm drains.

This control method was deemed even more critical if the storage location sloped toward a storm drain. In that case, bulk storage would not be permitted unless there was a flat enough surface between the salt pile and the storm drain to prevent uncontrolled washout running directly to the storm drain. Some at the meeting also suggested a requirement of tarping these piles to mitigate the negative visual impact of large salt piles.

To aid in storm water management efforts, regional and local watershed volunteers and clean water advocates work throughout the year to identify storm drains that have a direct flow to open water. In Virginia, such storm drains are painted and tagged to alert paving and snow and ice management contractors.

Many storm drains also have bag filtration systems installed as an additional measure to prevent water contamination from sediment, debris and other contaminants. These filter bags are changed by volunteers one or two times each year.

Some communities in our area are also installing stamped ID badges on storm drains to alert community members that the storm drains feed into larger bodies of water like the Potomac and Rappahannock rivers and the Chesapeake Bay, where contaminants can negatively impact fish and other wildlife. As snow professionals, we have an opportunity, and an obligation, to educate property managers and HOA leaders about the environmental practices that we employ. This may prevent us from losing our onsite storage privileges in the future.

Onsite restrictions

One town close to our headquarters requires that all snow and ice management materials be transported to application sites for immediate use (i.e., no onsite storage). It also requires that any refilling be done offsite or at our corporate headquarters. If this becomes a continuing trend, we will be forced to seriously rethink how we manage snow and ice management material storage and how we will need to adjust our pricing and service level agreements. Of course, there will be costs associated with any legislative or policy changes that are enacted by the jurisdictions and associations in which you operate.

Many larger companies in other industries dedicate staff to environmental management issues. This practice might benefit your operation as well. Perhaps that person is you; or consider identifying someone on your team who is passionate about environmental issues and task them with keeping your company ahead of the environmental policy curve. This might not work for every company, but it’s worth consideration.

Jump start solutions

1. Develop strategies to manage your customers’ expectations about service delivery when bulk storage is permitted, and when it’s not, especially when unfavorable changes take place.
2. djust your contract language to enable you to be flexible in your pricing and service levels should laws or client policies change.
3. Stay up to date on local environmental legislation that may impact your operation.

Take the lead on proper storage

Some clients and jurisdictions are taking a hard line on onsite storage and refilling operations. Be proactive to interrupt this trend:

• Have conversations with your staff about proper onsite storage and company policies and procedures to protect the local environment.
• Work together to identify viable environmentally sound strategies for onsite storage management that may not be as costly as those imposed by legislative mandate or client policies.
• Identify which jurisdictions in your area are most likely to prohibit onsite storage and begin to work with the leaders of those jurisdictions to educate them about your water contamination mitigation strategies and policies.
• Take a focused interest in this potential problem before it becomes a problem. By remaining vigilant and knowledgeable about changes to onsite storage laws and environmental regulations, you can avoid being surprised by new legislation. There’s always a possibility of securing an exception to certain policies and legislation, but such exceptions are rare, at best. Sometimes, gaining advanced notice of six months to a year before new laws are enacted is the best you can do.