OEPA Adopts Rules for Disposal of “Construction & Demolition Waste”
Kegler Brown Construction Newsletter March 1, 2005
If you do construction or demolition work in Ohio, you may want to take a look at the new Ohio Environmental Protection Agency ("OEPA") rules that went into effect on September 30, 1996 regarding the disposal of construction and demolition waste. These new rules, codified at chapters 3745-37 and 3745-400 of the Ohio Administrative Code, supersede any county regulations that previously regulated construction and demolition ("C & D") landfills.
Generally, the new rules define "construction and demolition waste" as those materials resulting from the alteration, construction or destruction of any man-made physical structure. Contractors throughout the state will be required to dispose of construction and demolition debris only at approved C & D sites or solid waste disposal facilities. Examples of acceptable C & D waste materials include: shingles, roofing paper, drywall, plaster, studs, joists, rafters, electrical wiring, plumbing fixtures, heating equipment, cement block, cabinets, glass, window frames, and structural metal and wall coverings. Also, if incidental to the load, construction material packaging such as pallets, cardboard and empty caulking tubes are acceptable C & D fill materials.
Materials that may not be disposed of at C & D fills include those materials that were required to be removed prior to demolition, and materials which are otherwise contained within or exist outside the structure. Such items include yard wastes, furniture, appliances, tires, batteries, garbage, and other solid waste.
An important exception to the rules relates to the disposal of "clean hard fill." OEPA defines clean hard fill as construction and demolition debris which consists of only concrete, asphalt, brick, block, tile, stone, and mortar. In essence, if the contractor can separate out the wood and unacceptable materials from the pile, this clean hard fill can be used to change grade at the demolition site. In addition, this material can also be used to change the grade of another site provided that a written "notice of intent to fill " is submitted to the local health department in the county where the fill is to be used. Although, clean hard fill can be stored for two years, this material should be covered with dirt if used to permanently change grade.
Two approved construction and demolition landfills exist in the Columbus area including the Central Ohio Contractors Inc. ("C.O.C.") facility located at 900 Frank Road.