C&D Waste - Regulations

1. Construction & Demolition WastePresented by Jeff EdwardsProgram Specialist, Nebraska Department of Environmental Quality

2. C&D Waste - Regulations • Title 132 – Integrated Solid Waste Management Regulations • Chapter 1 – Definitions • Chapter 2 – Permit requirements and application procedures • Chapter 5 – Criteria for C&D waste disposal area

3. C&D Waste Waste which results from land clearing, the demolition of buildings, roads or other structures, including, but not limited to, fill materials, wood (including painted and treated wood), land clearing debris other than yard waste, wall coverings (including wall paper, paneling and tile), drywall, plaster, non-asbestos insulation, roofing shingles and other roof coverings, plumbing fixtures, glass, plastic, carpeting, electrical wiring, pipe and metals. Such wastes shall also include the above listed types of wastes that result from construction projects. Construction and demolition waste shall not include friable asbestos waste, special waste, liquid waste, hazardous waste and waste that contains poly chlorinated biphenyl (PCB), putrescible waste, household waste, industrial solid waste, corrugated cardboard, appliances, tires, drums, and fuel tanks.

4. C&D Waste - Reuse • The recycling or reuse of building materials is encouraged. • Brick and concrete can be used for land improvement and stabilization projects. If this material is going to be placed in a stream, creek, or river below the water line you must obtain a permit from the Corps of Engineers. • Must ensure that the recycling or reuse is done for a beneficial use and not for disposal.

5. C&D Waste

6. C&D Waste - Exemptions • Farm buildings, such as bins, sheds and barns, may be buried on the farm property where it was standing. • Demolition waste from a natural disaster can be placed in a disposal area on a temporary basis upon approval of the NDEQ.

7. C&D Waste - Hallam

8. C&D Waste - Hallam

9. C&D Waste • All C&D waste that does not meet the farm exemption, has not received permission for a temporary disposal area from a natural disaster, and is not recycled or reused must be disposed at a permitted C&D landfill or MSW landfill.

10. C&D Waste - LBP • Lead-based paint • Residential lead-based paint generated from abatement, rehabilitation, renovation and remodeling in homes and other residences is demolition waste. • Commercial and industrial activities that generate lead-based paint must be non-hazardous to be disposed in a C&D landfill or a MSW landfill.

11. C&D Waste - Asbestos • NESHAP Notification of Demolition and Renovation form must be submitted 10 days prior to commencing the demolition of a commercial, industrial, institutional or public building to the NDEQ Air Quality Division (even if asbestos is not present in the structures). • Any fire department conducting a fire training exercise shall submit a fire training demolition notification 10 working days prior to the exercise or removal of any ACM.

12. C&D Waste – Asbestos • Friable asbestos cannot be disposed at a C&D landfill and must go to a permitted MSW landfill. • Non-friable asbestos can be disposed at a C&D landfill. However, you must ensure it does not become friable while being placed in the landfill or being covered.

13. C&D Waste - Burning • Open burning is prohibited with a few exceptions. • Buildings can be burned if done for a fire training exercise after the proper notifications have been submitted. • Demolition waste consisting of trees, brush and untreated lumber from land clearing activities can potentially be burned with proper state and local permits.

14. C&D Waste • Proposed Development Sites • Were buildings buried and/or burned on site? • What type of buildings were these and what type of waste may have been buried in addition to C&D waste? • All newly generated waste must be managed in accordance with the current regulations.

15. C&D Waste • Questions? www.deq.state.ne.us Guidance Documents: Disposal of Construction & Demolition Waste Demolition, Renovation, and the Asbestos Regulations jeffery.edwards@ndeq.state.ne.us (402) 471-4210 – Waste Management Section

16. The “Basics” • Hazardous Waste Identification • All required to identify their wastes regardless of size • Site Remediation Activities & Routine Operations

17. The “Basics” • Solid Waste • Any material ----solids, liquids, sludges, and contained gases that is disposed, burned, or recycled in a certain manner Solid Waste is also Hazardous Waste if: • It is one or more of the following: • Has been specifically listed • Exhibits any characteristic of a hazardous waste • Is a mixture of listed waste and non-hazardous waste

18. The “Basics” Waste Determination Steps • Is it excluded? • Is it listed as a hazardous waste • Does it have characteristics of hazardous waste • Test or • Apply generator knowledge • If it is hazardous waste, check for possible HW exclusions or restrictions

19. The “Basics” • Exclusions and Exceptions • Household Hazardous Waste • Sewage to Publicly Owned Treatment Works/NPDES point source discharge • Use/reuse without reclamation (fuel as fuel) • Used oil if being recycled • Scrap metal being recycled • A bunch of complicated etceteras & other stuff • NOTE: “Recycling” does not automatically remove a waste from haz waste regulation!

20. The “Basics” • Tools to Determine if you Have A Hazardous Waste • Regulations • Knowledge of Process • Often limited at remediation sites • Material Safety Data Sheet (MSDS)* • Correctness • Analysis *Be careful with MSDSs!

21. Assistance • Web Site • http://www.deq.state.ne.us/ • “The Regs!” • Title 128 – Nebraska Hazardous Waste Regulations (State) • Title 132 – Integrated Solid Waste Management Regulations • 40 CFR 260 – 279 (Federal) • Who Do You Call? • Waste Management Compliance Assistance • (402) 471-8308 (Jim Harford) • jim.harford@ndeq.state.ne.us • Waste Management Section • (402) 471-4210 (Anybody else in Waste)