MANAGING CONSTRUCTION AND DEMOLITION WASTE
|Solid Waste Management Program fact sheet||
|Division of Environmental Quality Director: Leanne Tippett Mosby||
This guidance is provided primarily for construction and demolition contractors, waste haulers, roofing contractors, remodeling businesses, homebuilders and homeowners. Cities and counties that issue building permits may also find the information helpful. The guidance covers only wastes commonly produced during building construction, renovation and demolition.
Information about managing other wastes is available by contacting the sources listed on the last page of this fact sheet.
This fact sheet is not intended for guidance on the management of surface coatings removed from bridges, water towers or other similar outdoor structures.
During construction, renovation and demolition activities you may produce one or more of the following types of residuals:
- Clean fill.
- Recovered materials.
- Regulated construction and demolition waste.
- Hazardous materials and hazardous wastes.
- Asbestos-containing materials.
Management requirements differ for each of these.
Clean fill is “uncontaminated soil, rock, sand, gravel, concrete, asphaltic concrete, cinder blocks, brick, minimal amounts of wood and metal and inert (non-reactive) solids...for fill, reclamation or other beneficial use” [§260.200(5), RSMo]. Minimal means the smallest amount possible. For example, concrete containing wire mesh or rebar may be used as clean fill. However, exposed rebar must be removed before use. Under no circumstances are roofing shingles, sheet rock, wood waste or other construction and demolition wastes defined as clean fill.
Concrete, cinder blocks, bricks or other clean fill materials that are painted with non- heavy metal-based paints are also considered clean fill. It is the generator’s responsibility to determine if the painted materials are hazardous wastes. The most typical contaminants are lead and other heavy metals. This determination can be made by representative sampling or by applying historical knowledge of the materials in question.
If asphaltic concrete is to be used as clean fill it is recommended that it not be crushed or ground any smaller than necessary. This will help to minimize the leaching of chemicals found within the asphaltic material.
Although not regulated as waste, placement of clean fill materials may be subject to requirements of the Missouri Department of Natural Resources’ Water Protection Branch if it is placed in contact with surface or subsurface waters of the state, or would otherwise violate water quality standards. Contact the Water Protection Program at 573-751-1300 if you have any questions. Local requirements concerning the use of clean fill may apply as well. Contact the Hazardous Waste Program at 573-751-3176 for questions about determining whether materials may be hazardous and for disposal options.
Recovered Materials are those removed for reuse (lumber, doors, windows, ceramic tile and glass) and those removed to be recycled into new products. Potentially recyclable construction and demolition wastes may include scrap metals, asphalt shingles, sheet rock, lumber, glass and electrical wire. However, it is important to remember that recovered waste must be used in some way.
Separating out certain wastes to be recycled into new products without having a market for them is expensive and pointless. Storing recovered materials indoors is expensive. Storing them outdoors may lower their value, since most will degrade or deteriorate when exposed to the weather. Depending on how they are stored, they may harbor rodents, provide breeding grounds for insects or be a potential fire hazard. Recyclables may not be collected and dumped on the ground while waiting for markets to develop. Therefore, before you deliver recyclable materials to a processing or recovery facility be sure the facility is legitimate.
The department’s Solid Waste Management Program has information about many recycling facilities in Missouri. You may contact the program at 573-751-5401 or available on the Web at www.dnr.mo.gov/env/swmp/rrr/rrr.htm. If you plan to remove reusable or recyclable materials from construction and demolition waste, the sorting must take place at the construction or demolition site. The wastes cannot be hauled from the site and dumped for later sorting, except at a permitted processing facility or at a facility that has received a permit exemption from Solid Waste Management Program. Although the department strongly encourages the recovery or recycling of potential waste materials whenever possible, these activities must be done legally.
Regulated Construction and Demolition Wastes
Regulated construction and demolition wastes are those not classified as clean fill and not being reused or recycled. Regulated non-hazardous construction and demolition wastes must be disposed of at a permitted landfill or transfer station.
To avoid violating air and solid waste laws regulated non-hazardous construction and demolition wastes:
- Cannot be burned. An open burning permit may be applied for to burn untreated wood waste. Contact your nearest regional office for permit information and conditions.
- Cannot be buried (except in a permitted landfill).
- Cannot be hauled to private or public property and dumped, burned or buried, even with the landowner’s permission.
If this happens, everyone involved, including the contractor(s), subcontractor(s), the hauler(s) and the landowner(s) can and will be held liable for the illegal disposal (§§260.210, 260.211 and 260.212, RSMo).
If you are a building contractor, you need to know that burying construction waste from a building anywhere on the property is illegal (§260.210.1, RSMo). See page four of this fact sheet for a description of penalties for illegal disposal of construction and demolition waste.
Hazardous Materials and Hazardous Wastes
Although you may find a variety of hazardous materials in old buildings, lead-based paint and asbestos are the most common items dealt with by demolition contractors.
Studies conducted by the U.S. Agency for Toxic Substances and Disease Registry, and by independent researchers, show that the health effects of lead exposure are greater than previously thought. Children are especially vulnerable to the effects of lead poisoning. Because lead and other toxic heavy metals may be contained in the wastes noted above, they require careful management and disposal. For many years, lead-based paint was used in residences and businesses for its stable coating properties. Although lead-based paint was virtually banned by the Consumer Product Safety Commission in 1978 for residential application, it is often encountered when buildings are renovated or demolished. Also, lead-based paint is still manufactured and sold for corrosion or rust inhibition on steel structures and for other industrial purposes. In older buildings, lead was also used for roofs, cornices, tank linings and electrical conduits. In plumbing soft solder, an alloy of lead and tin was used for soldering tinplate and copper pipe joints.
Additional guidance for handling demolition waste containing lead-based paint or other heavy metals, such as cadmium or chromium, is available by calling the department’s Hazardous Waste Program at 573-751-3176.
Hazardous waste requirements for demolition wastes - Demolition-related waste categories typically include:
- Paint Residue - Paint chips, paint scrapings and contaminated blast residue from building renovations or demolition projects.
- Demolition Debris - Masonry, metal and boards that have been painted with lead-based or other heavy metal-based paint.
- Scrap Metal - Metal objects that contain lead or other heavy metals.
For households, the following management options apply, whether or not a contractor is doing the work for you:
- Paint Residue - Paint residue may be placed in the household trash. Before disposal, wrap it tightly in a plastic bag or other container. It will be picked up by your trash hauler and taken to a sanitary landfill for disposal.
- Demolition Debris - May be placed in your household trash. It may be picked up by your trash hauler and taken to a sanitary or demolition landfill for disposal.
- Scrap Metal - Scrap metal should be taken to a salvage yard for recycling. If this is not possible, the metal may be placed in your household trash and picked up by your waste hauler for disposal at a sanitary or demolition landfill.
For generators other than households - This category includes commercial and business enterprises, institutions and industrial buildings, and other structures not specifically identified.
Paint Residue must be laboratory tested before disposal. The appropriate test method is the Toxicity Characteristic Leaching Procedure, EPA Method 1311, which is described in Appendix 11 of the Code of Federal Regulations, Title 40, Part 261(40 CFR Part 261). The test must include the eight metals noted in 40 CFR Part 261.24 (arsenic, barium, cadmium, chromium, lead, mercury, selenium and silver). Environmental laboratories capable of conducting a Toxicity Characteristic Leaching Procedure may be found in the telephone directory’s Yellow Pages. If one or more of analytical limits meets or exceeds the regulatory limit, the waste is hazardous.
Hazardous wastes must be managed, transported and disposed of according to the Missouri Hazardous Waste Management Law and Regulations. This may require the generator to send paint residue to a permitted hazardous waste disposal facility. In some cases, a lead smelter may accept lead-based paints for use in its lead production processes. If laboratory analysis shows that the paint residue is non-hazardous, it must be disposed of at a sanitary landfill as “special waste.” Paint residue may not be disposed of in a demolition landfill.
Procedures for managing special wastes are included in the fact sheet titled Special Waste (PUB2050) available on the department’s Web site at www.dnr.mo.gov/pubs/pub2050.htm. The landfill may require you to complete a special waste disposal request form, and provide the results of testing on the paint waste to show that it is not hazardous before accepting the waste.
Demolition debris need not be tested before disposal, so long as it is not chipped, shredded, milled, ground, mulched or similarly processed. Processed demolition waste should be evaluated as described for paint residue.
Scrap metal painted with heavy metals may be sent to a salvage yard for recycling. If this is not possible, the metal may be disposed of at a sanitary or demolition landfill.
All public, institutional or commercial buildings, and in some instances, residential structures, must be inspected for asbestos before renovation or demolition activities. Before planning a demolition project, bidding a project, letting a bid or beginning the demolition, it is important to know if the building has any asbestos-containing materials and who is responsible for removing them. Buildings may contain asbestos in materials such as ceiling or floor tile, as insulation or soundproofing on ceilings, pipes, ductwork or boilers, or on the outside as transite siding or in shingles. The presence of asbestos-containing materials cannot be confirmed just by looking.
A thorough inspection of any regulated building must be conducted by a Missouri certified asbestos inspector to determine the presence and condition of asbestos-containing materials.
Depending upon the results of the inspection, a registered asbestos abatement contractor may be required. Contact the department’s Air Pollution Control Program’s Asbestos Unit at 573-751-4817 for more specific information about managing asbestos-containing materials. Visit www.dnr.mo.gov/env/apcp/Asbestos.htm for more information about asbestos requirements. If the asbestos-containing materials is to go to a landfill or transfer station, contact the facility in advance to see if they will accept materials and if they have any special handling or packaging requirements.
Penalties for illegal disposal of construction and demolition wastes The Missouri Solid Waste Management Law provides for civil penalties for persons who dispose of or allow the disposal of regulated construction and demolition wastes in un-permitted areas.
The law also contains criminal provisions for some types of illegal construction and demolition waste disposal. There may be additional penalties for violations of air, water pollution and hazardous waste laws depending on the situation and means of disposal.
Solid Waste Management Law Violations:
- Civil Penalties - any person who disposes of construction and demolition waste or allows the disposal of construction and demolition waste in an area not permitted for such disposal may be assessed a civil penalty of up to $5,000 per day per violation (§260.240, RSMo).
- Criminal Penalties - any person who purposely or knowingly disposes of or causes the disposal of regulated quantities of construction and demolition waste or other solid waste may be prosecuted for violating the criminal provisions of §§260.211 and 260.212, RSMo.
Convictions may include fines of $20,000 or more, community service, and/or clean-up of the illegally dumped waste. Conviction under §§ 260.211 and 260.212 is a class D Felony for the illegal disposal of residential or commercial waste and for accepting construction and demolition wastes for payment, whether in cash or trade, without a permit. In some cases, persons convicted of illegal dumping have served time in jail.
- The Missouri Air Conservation Law and regulations provide for civil penalties of up to $10,000 per day per violation for persons who violate the requirements for handling, packaging, transporting or disposing of asbestos-containing materials. The federal Clean Air Act also contains civil and criminal penalties for violations. The same penalties apply for persons who illegally dispose of construction and demolition waste by burning.
Other legal requirements related to managing construction and demolition wastes include:
- Anyone engaged in building construction, modification or demolition must maintain a record of all sites used for construction and demolition waste disposal for one year. The records must be made available to department staff upon request (§260.210.7, RSMo).
- Cities and counties that issue building permits are required to notify each permittee in writing of the legal requirements for construction and demolition waste disposal (§260.210.8, RSMo).
- A person shall be guilty of conspiracy if he knows or should have known that his agent or employee has violated the civil or criminal provisions of the law related to illegal disposal of construction and demolition waste or other solid waste (§260.212.9, RSMo).
- Anyone selling, conveying or transferring property that contains construction and demolition waste or other solid waste (whether buried or not), must disclose the existence and location of the waste disposal site to a potential buyer early in the negotiation process (§260.213, RSMo).
- Anyone hauling materials that could fall or blow off a vehicle, including construction and demolition waste, must cover the load or secure it so that none of it can become dislodged and fall from the vehicle (§307.010, RSMo). In addition, many landfills and transfer stations in Missouri require all incoming loads to be covered. Some facilities accept open loads, but may charge you extra for them.
- A person commits the crime of littering if they throw or place, or cause to be thrown or placed, any garbage, trash, refuse or rubbish of any kind on the right-of-way of any public road or highway, in or on any waters of the state or the stream banks, and on any public or private property (owned by another without their consent) (§577.070, RSMo).
You may obtain additional information about properly managing construction and demolition wastes from the sources listed below.
Missouri Department of Natural Resources
- Air Pollution Control Program 573-751-4817
- Hazardous Waste Program 573-751-3176
- Solid Waste Management Program 573-751-5401
- Water Protection Program 573-751-1300
- Regional Offices
- Kansas City Regional Office 816-622-7000
- Northeast Regional Office (Macon) 660-385-8000
- St. Louis Regional Office 314-416-2960
- Southeast Regional Office (Poplar Bluff) 573-840-9750
- Southwest Regional Office (Springfield) 417-891-4300
On the Web
Additional Considerations and Sources
Hazardous waste requirements are found in the Missouri Hazardous Waste Management Laws, Sections 260.345 through 260.575 of the Revised Statutes of Missouri (RSMo).The Missouri Hazardous Waste Regulations are found in Title 10, Division 25 of the Code of State Regulations. Most of the federal environmental requirements in Title 40 of the Code of Federal Regulations is adopted by reference into the Missouri regulations.
Solid waste requirements are found in the Solid Waste Management Law in Sections 260.200 through 260.345 RSMo, and the regulations in Title 10, Division 80 in the Code of State Regulations. Copies of the Revised Statutes of Missouri are available through the Revisor of Statutes at 573-526-1288, or are available online at www.moga.mo.gov.
Copies of the Missouri Code of State Regulations are available through the Missouri Secretary of State at 573-751-4015, or are available online at www.sos.missouri.gov/adrules/csr/csr.asp.
Federal regulations are available at federal depository libraries or may be purchased from a U.S. Government Bookstore, the U.S. Government Printing Office, or from a commercial information service such as the Bureau of National Affairs. Federal Regulations are also available online at www.gpoaccess.gov/cfr/index.html
The Missouri Department of Health and Senior Services - Office of Lead Licensing and Accreditation may be contacted for information regarding training, licensure and work practice standards for lead abatement activities. Disposal is an abatement activity. See Missouri Revised Statutes 701.300 and 701.338.
Please note that many municipalities have their own additional requirements that might be stricter than those discussed above.
For more information
Missouri Department of Natural Resources
Air Pollution Control Program
P.O. Box 176
Jefferson City, MO 65102-0176
800-361-4827 or 573-751-4817 office
Missouri Department of Natural Resources
Hazardous Waste Program
P.O. Box 176
Jefferson City, MO 65102-0176
800-361-4827 or 573-751-7560 office
Missouri Department of Health and Senior Services
Office of Lead Licensing and Accreditation
P.O. Box 570
Jefferson City, MO 65102-0570
888-837-0927 or 573-526-5873