Clean Construction and Demolition Debris – Is It Regulated in My State?

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Clients routinely ask us about management practices and regulations applicable to clean construction and demolition debris. Unlike hazardous and solid wastes, requirements vary by State. We will be doing a series of blogs outlining the requirements on a state-by-state basis. First up is the Land of Lincoln, Illinois:

In the State of Illinois, the rules changed in August 2012. Owner/operators need to assure compliance with these new requirements.

Illinois regulations define clean construction or demolition debris (CCDD) as uncontaminated broken concrete without protruding metal bars, bricks, rock, stone, reclaimed or other asphalt pavement, or soil generated from construction or demolition activities. If clean soil is mixed in, it is also CCDD. Uncontaminated soil that is not mixed with other CCDD materials is not CCDD. CCDD used as fill below grade is not a waste if the area is not within the setback zone of a drinking water well and CCDD is covered within 30 days with clean soil, pavement, or other structure(s). [35 IAC 1100]

Common questions which are addressed below are:

  •  What exactly are the pre-acceptance requirements?
  •  Why do the requirements vary by fill site?
  •  Are all facilities accepting this material regulated?
  •  Are fill sites required to perform groundwater monitoring?

Pre-Acceptance Requirements?
Owner-operators may seek to determine if the material qualifies to be managed as CCDD using one of two options:

 1) Sample and test the soil for pH and self-certify that the source site is not a potentially impacted property and soils are presumed uncontaminated;
or
2) Engage an Illinois Registered Professional Engineer or Licensed Professional Geologist to perform sampling and analyses as appropriate to support an uncontaminated soil certification.

Under the first option, the Owner operator may certify that the site is not a potentially impacted property using Form LPC-662 based on the current and past uses of the site and nearby properties. Testing for pH must also be performed to demonstrate the soil pH is between 6.0 and 9.0.

If the soils cannot be self-certified, then waste characterization is needed.

Under the second option, a licensed professional certifies the soil is uncontaminated. Soil samples are obtained and tested to determine whether the material can be managed as CCDD or as an industrial waste stream:

  • Based on the estimated volume of material, the licensed professional will determine the representative number of soil samples and selected analyses.
  •  The selected analysis is based on site condition and history of operations, and may include volatile organic compounds (VOCs), semi-volatile organic compounds (SVOCs) including polynuclear aromatic hydrocarbons (PAHs), Resource Conservation and Recovery Act (RCRA) metals, and pH.
  •  Samples of soil may be taken in-situ or from staged piles.

Analytical results for up to 133 parameters are compared to IEPA criteria within the Summary of Maximum Allowable Concentration of Chemical Constituents in Uncontaminated Soil Used as Fill Material at Regulated Fill Operations in 35 Illinois Administrative Code (IAC) 1100, Subpart F.

If the soil can be certified as CCDD, the licensed professional prepares and seals the Uncontaminated Soil Certification (LPC-663), allowing the soils to be used as fill at a CCDD facility. If the soils cannot be certified as CCDD, waste characterization is needed.

The results of the analysis, as well as other pertinent data, can be prepared and submitted to an appropriate Subtitle D landfill for acceptance of the waste stream.

Fill Site Requirements?
The above are the minimum requirements set by the IEPA. However, like most rules, they are subject to some interpretation and each CCDD owner/ operator may interpret the rules more or less conservatively. For example, fill sites may request additional analytical than initially performed which may cause delays. We recommend as part of any certification, the site owner/ operator coordinate with the intended fill site early in the process to avoid any “surprises”.

Regulatory status of fill sites?
Regulated CCDD Fill sites are subject to:

  • Pre-acceptance criteria;
  •  Inspections;
  •  Operational standards;
  •  Permitted final grades (no higher than surrounding grades);
  •  Storm water management [NPDES Permit for discharges];
  •  Annual reports;
  •  One year post closure care period; and
  • Payment of Fees to the State of Illinois of $0.20/ CY or $0.14/ ton [Part 1150 and 22.51 of Act].

Uncontaminated Soil Fill Operations are subject to similar requirements. The Rules do not apply to “CCDD or uncontaminated soil that is not used as fill material in a current or former quarry, mine, or other excavation”. Basically, certain “unregulated” facilities legally exist by filling areas that are not a “former quarry, mine, or other excavation”. CEC strongly recommends that the site owner/ operator understand the regulatory status of any facility they are using.

Are fill sites required to perform groundwater monitoring?

The issue of whether CCDD fill sites should be required to perform groundwater monitoring was one of the most debated issues during the rulemaking process. Groundwater monitoring is not required by the current rules. However, the Illinois Pollution Control Board opened a subdocket to the rulemaking proceeding to continue its examination of the issue of groundwater monitoring at CCDD and uncontaminated soil fill operations. A hearing was held on May 20, 2013 to elicit more information from stakeholders regarding this issue. CEC will be tracking results from this proceeding.

If you have any questions about the CCDD management issues, please contact John Hock with the Chicago office at (877) 963-6026.

Useful Illinois Links:

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