Longer History of
Some RAM Successes
  1. Set a high standard for studying issues by touring over 200 facilities in 19 states and Ontario, 1989-present. 196 of these were 1989-96 with Sandy Loyd. More since. Attempts were made to see every type of facility possible. Prior attempts to study processing by building a model proved less efficient than seeing what a variety of others had already built and operated.
  2. Conducted the first series -- four total -- of 2-stream wet/dry recycling/composting pilots in the U.S. Southeast, to our knowledge, and tabulated statistics (78%-98% recovery), 1991-93. Three were at Alliance for Native American Indian Rights Pow Wows, and one was at a Tennessee Environmental Council event.
  3. Helped inspire the Tennessee Department of Corrections wet/dry recycling/composting program, 1991-95. This included later visiting their Morgan County Correctional Facility's sorting and composting operations, which also processed Brushy Mountain Maximum Security Prison's wastes, and the composting operation for their Riverbend Maximum Security Prison in Nashville.
  4. Calculated the economic impact of recycling all easily available basic Davidson County, Tennessee program materials, 1993. This formed the foundation for expanding material recovery by including otherwise externalized costs in disposal alternatives. I.e. disposal was more costly than its stated costs because it also prevented the economic impact of material recovery that would (or could) take place otherwise.
  5. Successfully argued against allowing landfills in wetlands in Tennessee via Aquatic Resource Alteration Permit (ARAP), 1993-final vote, Oct 4, 1994. Much credit is deserved by consultant Barry Sulkin for prior long-term education on this topic. Analysis of a preponderance of previous examples has yielded a general principle that nature tends to revert to prior patterns surprisingly often, due to unforeseen underground conditions. Artificial constructs just don't tend to work as well as intended.
  6. Led the effort that resulted in Tennessee being the first U.S. state with soil-based compost quality standards as an incentive class (Type A), 1993-final vote June 2, 1998. This began with arguments against staff favoring a disposal-friendly interpretation of the State Solid Waste Management Act of 1991. The State Solid Waste Disposal Control Board rejected citizens on this routinely, until the Board Chair admitted RAM's John van der Harst had one unarguable point: How could the state allow composting to qualify as diversion without defining what constituted compost? So, the Board authorized staff to draft standards. Two solicitations of public comments were made, before both preliminary and final rules were drafted. A battle raged between environmental groups' desire for "soil-based" standards and some established industry's convenient preference for lax 40 CFR Part 503 allowances. RAM educated groups statewide about the differences. Staff person Mike Apple commented to the Board about how unusually many persons submitted comments.

    The battle raged for years. Finally the late Arthur Smith, the lone Board member representing the environmental community, asked John if he would accept a two-tier compromise that used the terminology "Type A" instead of "Class A" to Label a soil-based set of heavy metal level limits, as a higher-quality class, in addition to allowing the more lax standards as "Type B." John agreed. Otherwise the lower standards would likely become the only rule. On the positive side, this was a first foothold in the U.S. for standards that previously only existed in some Northern European countries like the Netherlands and Germany, plus Canada.

  7. Achieved the world's first and only, to-date (to our knowledge),voluntary closure of a large, financially viable waste-to-energy incinerator with up-to-date air pollution control equipment (Nashville Thermal Transfer Corp.), 1993-Metro Council vote Jan 15, 2002 and closure May 23, 2002. In late 1993, RAM's John van der Harst developed a 5-scenario comparison of options, including internalizing normally externalized costs. These showed converting the Thermal Plant to an electric and natural gas powered district energy system would be advantageous, even if material recovery from tonnage of waste fed to it consisted of only what could be easily recovered from processing mixed waste.

    At that point John became the only person who thought it was possible to close the incinerator. John then embarked on a campaign to do that, starting with assembling allies. It took attending five BURNT meetings, for example, to finally convince that group to join the campaign. Kathleen Hersk (later Kathleen Rosemary), simplified John's work to a 2-scenario presentation, which she presented to small sets of Metro Councilmembers. After leading a couple of sessions, she bowed out. John gathered others, like Sherry Force, to assist in continuing those sessions. Many of those, over several years, gradually built support for closure among officeholders. Press conferences were more colorful, with costumes John built like the infamous Walking Incinerator, and the Walking Ashfill, becoming media personalities.

  8. Eliminated permitting of treated incinerator ash as loose construction material in several states, 1993-present. Inexperienced state staff had accepted a Health Risk Assessment (HRA) submitted by American Ash Recycling Corp. of Tennessee (AAR-TN), which claimed that incinerator ash, sprayed with a phosphoric acid solution, was rendered safe for use in certain below-grade fill applications. The state then permitted those uses. RAM's John van der Harst was the first person to complain to the state that applications he observed fell far outside permitted uses. The state replied that they found no violation. This blind-eye response was later weaponized repeatedly by AAR-TN, AAR-NE, AAR, and Environmental Capital Holdings as they sued John and RAM for what they called "tortious interference with legitimate business interests." This classic SLAPP suit (Strategic Lawsuit Against Public Participation) was an attempt to silence John, after his experiences with AAR-TN surfaced in state after state in which AAR sought to expand their business.

    Activists in those states, desperate for help, turned to John repeatedly, as they had no other experienced source sympathetic to their causes. To spare RAM, which was then dropped from the lawsuit, John took full responsibility for his actions. RAM thereafter was an affiliation label in this case. John and his attorneys Mary Parker, assisted by Stacy Gibson, received lots of newspaper coverage and help from activists who knew John. Sandy Hepler organized a well-attended fundraiser at Leith Patton's house, featuring Elizabeth Cutler's music. Sherry Sloan and Carl Evertson poured time into visiting treated ash sites, and together with John, flooded the state with overwhelming evidence of permit violations on many sites. Sherry Force and Steve Henry helped as well. John attacked arbitrary and subjective assumptions made in the HRA.

    The state finally hired someone with some experience in HRAs. The state started issuing Notices of Violation, including suspending AAR-TN's operating permit for a period. Then, it further limited uses. The initial lawsuit morphed into a series of lawsuits over more than three years, with John surviving every attack. Finally a new mayoral administration, and new Metro Council, facing further financial requests by AAR-TN and the ash-supplying incinerator, pulled the plug on both of them. Then, John turned his attention to a facility that AAR had managed to get permitted in York, Pennsylvania, while he was consumed with the lawsuits. One month after engaging there, educating local activists about violations complaints, the first newspaper article came. Then, after a former employee turned against AAR-PA, the state pulled its permit. Facing legal pushback, the state finally allowed AAR-PA to produce treated ash aggregate again, but only for use as daily landfill cover.

  9. Supported closure of the unlined Bordeaux landfill in Davidson County, Tennessee, accomplished March 19, 1994. Lined landfills complying with new Subtitle D regulations were superior. The Bordeaux landfill was in a flood plain and new regulations led to higher heights to keep cost-competitive. ARAPs were undesirable environmentally. Other uses were more proper for a site like this within a minority community and so close to Nashville's city center and greenway system. RAM's first meeting was held near this site, at the Northwest YMCA, and attendees included local residents Wilma Springs, Mary Beck and the late District 2 Councilman Kwame Leo Lillard, who also suggested that meeting space.
  10. Supportive material sent to Cedar Rapids, Iowa, was successfully used to end consideration of an incineration and ash reutilization proposal, 1994. The late Steve Atherton led those efforts, and reached out to RAM. Credit to Carl Evertson for responding as well, in a parallel effort.
  11. Successfully advocated for a permanent household hazardous waste facility in Davidson County, Tennessee, 1994-96. The state had mandated this, but Davidson County's Dept. of Public Works continued to favor expensive-but-media-attractive single-day events. RAM's John van der Harst had to duel with a media-savvy recycling advocacy group president in competing newspaper op-ed pieces. Ultimately then-Mayor Phil Bredeson agreed to the more efficient permanent facility in a sop to environmentalists amid trying to excuse his prior support for continuing to burn garbage.
  12. Successfully persuaded Davidson County, Tennessee to try co-collection, 1996. Unfortunately, Metro Dept. of Public Woks staff undermined this by employing only a rear-loading vehicle, in the CBD at night, instead of more efficient and high-profile side-loaders on residential routes.
  13. Guided Davidson County to separately monofill fly ash and bottom ash, 1997-2002. Credit to then-District 4 Councilman Don Majors, who had heard-out RAM on this. Don, as Chair of the Ad-hoc Solid Waste Committee, brought in Tom Kossen, Dean of Vanderbilt University's College of Engineering. Don asked Tom, in front of the committee, with Metro's Dept. of Public Works present, if this was a good idea. Tom said "yes." MPW, desperate for goodwill from environmentalists, after bruising criticism for years, made it happen. Thereafter, American Ash Recycling Corp. of TN only had access to less toxic bottom ash.
  14. Documentation sent to Boulder, Colorado, helped the city to choose long-time nonprofit Ecocycle to design and operate a new MRF, instead of a polished larger company proposal, 1998. Credit to Eric Johnson and John Levin for reaching out to RAM for assistance. After the vote, Eric called, breathlessly, amazed to have won.
  15. Successfully argued against use of incinerator ash as a plastic wood filler in Spokane, Washington, 2001. The product was to be called "Century Board." Amid the debate, Kay Jones, a nationally-known, long-time incineration advocate, phoned RAM's John van der Harst about this. He actually supported John's position on this particular matter. It was nice to rationally converse over a usually-very contentious topic.
  16. Helped mobilize ultimately successful opposition to a construction & demolition landfill proposed for a former quarry off McCrory Lane in Davidson County, Tennessee, Council District 35, 2006. RAM got the Cumberland Green Bioregional Council involved as well. This was a classic case of past human intervention leaving what could be turned into an aesthetic asset, if treated properly. Burying it with debris, which should be mostly recycled instead, would be a double waste of opportunity.
  17. Helped stop a construction and demolition landfill and outdoor transfer station proposed in Davidson County, Tennessee, Council District 22, 2012. Metro Council initially failed to get Metro's departments to correctly check distances. RAM contacted the Harpeth River Watershed Association, which did check distances, the law, and publicized their findings exceedingly effectively. New Metro Councilwoman Sheri Weiner then made sure this wouldn't happen again.
  18. Helped stop permitting of a transfer station in Davidson County, Tennessee, Council District 5, 2012. Councilman Scott Davis calmly favored constituents over a puzzlingly agitated Councilman-at-large.
  19. Calculated appropriate disposal tax levels 8 different ways, 2012. Credit goes to Jeff Broussal for producing a pile of possible sources from the Vanderbilt Science Library. Also to Michael Goff for his assessment of a long, national report, and a more crisply composed graphic. John van der Harst got that condensed on to one page.
  20. Submitted legislation content to achieve independent disposal tax valuation and applications of this, 2012. Though Metro Davidson County's Dept. of Public Works blocked this, citing restrictive state law, the logic of this was made more obvious by this effort, and the ensuing illogical blockage.
  21. Successfully lobbied to change Tennessee state law to allow Davidson County to include all costs associated with solid waste disposal in assessed fees, 2015-signed into law 2016. Kudos to Sen. Jeff Yarbro (D) and the late Rep. Bill Beck (D) for sponsoring the legislation with then-Rep. Brenda Gilmore (D) joining Bill as a sponsor. Bill language credits are deserved by Rep. Harold Love (D), composed in a 2015 meeting with RAM's Michael Goff (who set up the meeting), Jeff Broussal, Karen Cisler, and John van der Harst. Michael also set up a 2015 meeting with Sen. Frank Southerland (R), who chaired the key Senate Committee.

    John worked with legislative aides to draft final bill language. RAM's Ursula King put in heavy lobbying time accompanying John. An Impassioned floor address by Sen Bill Ketron (R) of Rutherford County was appreciated, as he hoped this would actually be used to reduce landfilling. He correctly doubted government bureaucrats' resolve. Support was not unanimous in either chamber, but not too far off. The Sierra Club's lobbyist, Scott Banbury, helped. Lobbyist Stewart Cliften advised as well.

  22. Successfully persuaded the Davidson County Solid Waste Region Board to call for a Zero-Waste Plan for its 10-year update, for the first time, March 2017. Credit to Linda Breggin for leading, with John van der Harst's help, on this.
  23. Efforts (19 and 20 above) resulted in the Scope of Work for the plan (22 above) including "Triple Bottom Line" economic assessment of recycling benefits. RAM's education on this was too much for Metro's Dept. of Public Works to feel willing to omit this. MPW watered down plenty otherwise, despite RAM's objections. MPW and its consultants continued to appear to favor disposal industry interests. The Board continued to allow itself to be manipulated by these, not allowing public comment between stating initial intent and presentation of final product. RAM's John van der Harst went on record as stating methodology in this plan, as drafted, would unfortunately not even come close to meeting the Board-stated objective. Performance since has so far confirmed that assessment.
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