MANAGING CONSTRUCTION AND DEMOLITION WASTE

Solid Waste Management Program fact sheet
12/2017
Division of Environmental Quality Director: Ed Galbraith
PUB2045

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.

Waste Types
During construction, renovation and demolition activities you may produce one or more of the following types of residuals:

Management requirements differ for each of these.

Clean Fill
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” (§260.200.1.(6), of the Revised Statues of Missouri [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.

If asphaltic concrete or painted block and brick 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 and toxic metals found within.

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.

Recovered Materials
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 materials 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 needless. 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 performs legitimate recycling.

The department’s Solid Waste Management Program has information regarding many recycling facilities in Missouri. You may contact the program at 573-751-5401 or available on the web at recyclesearch.com/profile/mo-directory.

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 the Solid Waste Management Program. Although the department strongly encourages the recovery or recycling of potential waste materials whenever possible, these activities must be conducted 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 at a permitted landfill or transfer station.

To avoid violating air and solid waste laws, regulated non-hazardous construction and demolition wastes:

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, 260.211 and 260.212, 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 universal wastes such as fluorescent lamps and batteries are the most common items dealt with by demolition contractors. Households and farmers are exempt from hazardous waste requirements under RSMo 260.380.1. The following information applies to generators of waste other than those meeting the definition of a farmer or household. This category includes commercial and business enterprises, institutions and industrial buildings, churches, schools, municipal structures and other structures not specifically identified.

It is the generator’s responsibility to determine if materials generated during construction and demolition are hazardous wastes. This determination can be made by representative sampling or by applying verifiable historical knowledge of the materials in question. The most typical contaminants are lead and other heavy metals. Demolition-related waste categories typically include: Paint Residue – Unless there is sufficient historical knowledge of types of paint and whether or not they contained heavy metals to make an accurate determination that the residue is either hazardous or non-hazardous, paint residue must be laboratory tested before disposal. The appropriate test method is the Toxicity Characteristic Leaching Procedure (TCLP), EPA Method 1311, referenced in the Code of Federal Regulations, Title 40, Part 261(40 CFR 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 TCLP 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.

Demolition Debris – While it is unlikely that a representative sample of the debris would fail the TCLP mentioned above, all solid wastes must receive a hazardous waste determination when generated. If generator knowledge of the material is insufficient to make an accurate hazardous waste determination, then testing of the debris would be needed.Demolition debris should not be chipped, shredded, milled, ground, mulched or similarly processed that would increase their leachability prior to disposal.

Scrap Metal – When scrap metals are sent to a salvage yard for recycling it is not necessary to make a hazardous waste determination on those materials. If such disposal is not possible, the metal would also be subject to a hazardous waste determination as described above.

Universal Waste – Most materials falling into this category are considered hazardous waste when disposed; however, universal waste regulations streamline the hazardous waste management standards for these wastes that are commonly generated by a wide variety of establishments. Universal waste categories are as follows: batteries, pesticides, mercury-containing equipment and lamps. More information on universal waste management can be found at epa.gov/hw/universal-waste#types.

Hazardous wastes must be managed while onsite, transported and disposed according to the Missouri Hazardous Waste Management Law and Regulations. This may require the generator to send paint residue, demolition debris or scrap metal to a permitted hazardous waste disposal facility and assure specific universal wastes are managed in compliance with those regulations. If laboratory analysis show paint residue is non-hazardous, it must be disposed at a sanitary landfill as “special waste.” Paint residue may not be disposed in a demolition landfill.

Procedures for managing special wastes are included in the Special Waste (PUB2050) fact sheet available on the department’s website at 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.

Asbestos
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, boilers; 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 dnr.mo.gov/env/apcp/asbestos/index.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 unpermitted areas.

The law also contains criminal provisions for certain types of illegal construction and demolition waste disposal. There may be additional penalties for violations of air, water pollution, and hazardous waste management laws depending on the situation and means of disposal.

Solid Waste Management Law Violations:

Convictions may include fines of $20,000 or more, community service and/or cleanup of the illegally dumped waste. Conviction under §§260.211 and 260.212 is a class E 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.

Hazardous Waste Management Laws, Section 260.425 RSMo, provides for civil penalties of up to $10,000 per day per violation for persons who violate these laws and regulations. Administrative penalties, not to exceed $10,000 per day per violation, may be sought for persons who violate these laws and regulations pursuant to Section 260.412 RSMo and Code of State Regulations, Title 10, Division 25-14 (10 CSR 25-14).

Other Requirements
Other legal requirements related to managing construction and demolition wastes include:

Additional Information

You may obtain additional information about properly managing construction and demolition wastes from the sources listed below.

Missouri Department of Natural Resources

On the Web
Construction and demolition information dnr.mo.gov/env/swmp/index.html
Environmental publications dnr.mo.gov/pubs/

Additional Considerations and Sources
Hazardous waste requirements are found in the Missouri Hazardous Waste Management Laws, Sections 260.350 through 260.575 RSMo. The Missouri Hazardous Waste Management Regulations are found in 10 CSR 25. Most of the federal environmental requirements in 40 CFR are 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 10 CSR 80. Copies of the Revised Statutes of Missouri are available through the Revisor of Statutes at 573-526-1288, or are available online at 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.mo.gov/adrules/csr/csr.

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 ecfr.gov/cgi-bin/ECFR?page=browse.

Other Guidance
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 701.300 and 701.338 RSMo.

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
Solid Waste Management  Program
P.O. Box 176
Jefferson City, MO 65102-0176
800-361-4827 or 573-751-5401
dnr.mo.gov/env/swmp

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
573-751-2706 fax
dnr.mo.gov/env/apcp/index.html

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
573-751-7869 fax
dnr.mo.gov/env/hwp/index.html


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
573-526-0441 fax
dhss.mo.gov/Lead/