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Current Regulations

VIDEO: Dale Behnen of Peerless Waste discusses regulatory issues in C & D Waste Diversion.

“Going back into the system and undoing all that legislation is an impossibility.  But getting changes made so the flow-down doesn’t have to accompany every change – that IS possible”

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James Trout, Missouri Department of Natural Resources / Energize Missouri Homes
More information:  www.dnr.mo.gov/env/cdwaste.htm
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Most C&D waste is regulated at the state level, and the requirements for C&D debris disposal facilities vary widely from state to state. Researchers from the University of Florida and the University of Michigan conducted a survey of the fifty states and confirmed, not unsurprisingly, that C&D waste regulations vary from state to state. Interestingly enough, about half (23) of the states have specific C&D regulations while in the remaining states (27), C&D debris is regulated under the requirements for municipal solid waste (MSW) landfills, non-MSW landfills, general inert debris landfills, or general solid waste facilities (Clark, et. al., 2004:8). Of the 50 states, 27 permit the disposal of general C&D waste into unlined landfills; the remaining 23 states have varying requirements for liner systems. Groundwater monitoring for landfills is required by 27 states.

Because of growing awareness that C&D debris can contain hazardous materials such as lead-based paint, asbestos, or wood coated with CCA (copper chromated arsenate), some states are in the process of revising their C&D debris regulations. These states include California, Colorado, Kansas, Massachusetts, North Carolina, Ohio, South Carolina, and Washington. In the State of Massachusetts, concrete, asphalt, brick, wood, and cardboard were banned from landfills at the end of 2003 although implementation has been delayed. California is developing regulations for recycling facilities that would require mixed C&D debris recycling facilities that accept more than 175 tons per day (recycling at least 60% of that) in order to obtain a solid waste permit. Increased regulation can cause C&D tipping fees to rise, which can result in increased C&D recycling.

According to the Missouri Department of Natural Resources , C&D waste can be disposed of in a sanitary landfill that takes municipal solid waste.  There are also a couple of landfills in Missouri that are permitted to take only C&D Waste.

Construction and Demolition Waste Regulations:

The Missouri Department of Natural Resources regulates demolition and renovation projects for institutional, commercial, public and industrial structures. The department also regulates residential structure projects such as apartment buildings with more than four units or two or more residential structures within 500 feet of each other. Single family residential structures or other residential structures containing four units or less are exempt from most asbestos regulations. However, all construction, demolition and renovation wastes are regulated under the solid waste management law.

All construction, renovation and demolition waste must be properly disposed of at a permitted transfer station or landfill regardless of whether it was generated from a commercial or residential structure. Before a regulated renovation or demolition project begins, the business or entity requesting the work should make the waste disposal a part of the contract. This will deflect liability if the waste is not properly managed and should be considered by the contractors during the bid process.

Demolition or renovation operations can create several different kinds of waste:

Clean fill includes uncontaminated soil, rock, sand, gravel, asphaltic concrete, blocks and bricks, and minimal amounts of wood, metal and inert solids. Minimal means the smallest amount possible. These can be used to fill in excavated holes from demolition or construction projects.

Recovered materials includes doors and windows, which can be removed for reuse, or scrap metal and asphalt shingles, which can be taken to a recycling center.

Regulated wastes are wastes that cannot be used as clean fill and cannot be recovered for reuse or recycling. These wastes must be taken to a permitted landfill or transfer station for proper disposal.

Hazardous waste and asbestos containing material – The most common hazardous materials encountered during demolition and renovation projects are lead paint and objects contaminated by lead paint. There are many rules and regulations regarding management and disposal of hazardous and asbestos containing materials.

For more information about clean fill, recovered materials or regulated wastes, contact the department’s Solid Waste Management Program at 573-751-5401 or see the fact sheet Managing Construction and Demolition Wastes, PUB2045, available on the department’s Web site at www.dnr.mo.gov/pubs/pub2045.pdf. For more information about proper hazardous waste disposal contact the department’s Hazardous Waste Program at 573-751-3176.

Asbestos

Asbestos is a naturally occurring mineral fiber. It can be positively identified only with a special type of microscope. Because the fibers are so small, they can float into the air, where they can be inhaled and accumulate in the lungs. This can lead to diseases like asbestosis, mesothelioma and lung cancer.

Most products made today do not contain asbestos. However, until the 1970s, asbestos was added to a variety of products to strengthen them and to provide heat insulation and fire resistance.

Additionally, before a regulated project begins, a state licensed asbestos inspector must inspect the entire structure for asbestos containing material. If the inspectors finds regulated quantities of asbestos containing material or assumes it to be in the structure, an asbestos abatement contractor must complete the project.

Abatement contractors are trained in the proper procedures for safely removing and disposing of asbestos containing material. The Department of Natural Resources has a listing of Missouri certified asbestos professionals and training providers on the department’s Web site at: www.dnr.mo.gov/env/apcp/Asbestos.htm.

For more information about the proper disposal of asbestos containing materials, contact the department’s Air Pollution Control Program at 573-751-4817 or see the fact sheet Asbestos: What is it and why is it a concern?,PUB2077, available on the department’s Web site at www.dnr.mo.gov/pubs/pub2077.pdf.

Local Ordinances

There may be local ordinances stricter than the state’s rules and regulations. Any business or entity beginning a renovation or demolition project should be aware of all of the ordinances and regulations affecting them before the project starts.

For more information:

Missouri Department of Natural Resources

Solid Waste Management Program

P. O. Box 176, Jefferson City, MO 65102-0176

800-361-4827 or 573-751-5401 office

573-526-3902 fax

www.dnr.mo.gov/env/swmp/index.html


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