Robert C. Maddox & Associates
Construction Law November 19, 2008
 
Construction Law
 

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The Design, Bidding, and Construction Phases

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Statutes Provide Mechanics' Liens

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Governmental Regulation of Construction

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Construction Law News Headlines

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Disposal of Construction and Demolition Debris


Large construction projects have the potential to generate significant amounts of solid waste, including construction and demolition (C & D) debris. Materials such as metal, wood, brick, asphalt, concrete, plaster, plumbing, pavement, drywall, rocks and glass are among the many substances that can be considered C & D debris.
 
State Regulation
State and local authorities typically regulate solid waste disposal. There are numerous state and local regulations that limit the disposal of particular wastes to certain landfills. Specifically, many solid waste landfills are prohibited from accepting plaster and other materials that are likely to produce gases or leachate (a solution containing contaminants picked up through the leaching of soil) during decomposition. In addition, hazardous wastes must generally be recycled or disposed of only at specially approved landfills.
 
The regulation of C & D debris disposal varies widely by state. While some states have no provisions governing the disposal of C & D debris, other states have issued very specific regulations for C & D debris disposal. For example, Minnesota and New York have developed extensive listings regarding the types of C & D debris prohibited from landfill disposal.
 
Resource Conservation and Recovery Act
At the federal level, C & D debris is considered a municipal solid waste and, consequently, is regulated by the Resource Conservation and Recovery Act (RCRA). The RCRA broadly governs the management of solid waste, including hazardous and nonhazardous C & D debris. Provisions of the RCRA mandate characterization of C & D debris in order to determine proper disposal criteria.
 
Construction site materials that may become hazardous wastes when disposed of include the following:
  • Various solvents and cleaners
  • Paints and pesticides that have exceeded their shelf life
  • Absestos-containing materials
  • Lead paint
  • Varnishes, adhesives or creosote (carcinogenic derivative of coal tar)
  • Waste related to equipment (e.g., used oil, antifreeze and batteries)
  • Electrical equipment containing polychlorinated biphenyls (PCBs)
Determining Whether Federal or State Hazardous Waste Standards Apply
Whether a particular set of hazardous waste management standards will apply to a certain company often depends on the amount of hazardous waste generated. However, companies that generate hazardous waste must typically comply with the following requirements:
  1. Obtain an identification number from the United States Environmental Protection Agency
  2. Maintain proper storage of wastes and accumulate them on-site for only a minimal period of time
  3. Prepare protocols for waste transportation
  4. Ensure proper packaging and labeling
  5. Put waste minimization programs into effect
  6. Follow record keeping and reporting requirements
Pollution Prevention Options
In addition to complying with the aforementioned hazardous waste management standards, companies dealing in C & D debris may also prevent potential pollution through recycling and/or deconstruction.
 
The majority of asphalt and concrete in C& D waste streams can be recycled, which is often a less expensive alternative to disposal, and can reduce the contractor's project bid price. Another common pollution prevention practice is deconstruction, the process of selectively removing materials for reuse (that might otherwise have become C & D waste) from buildings, prior to and during demolition. Examples of materials that can be removed and reused prior to demolition include electrical and plumbing fixtures, wood flooring, doors and windows.

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