Types of C&D Facilitities
Registered C&D
Processing Facility:
Waste Management Flowchart for Soil Excavations
Can receive and process "uncontaminated" and
unadultered wood, asphalt pavement, brick,
concrete, masonary waste, soil or rocks.
Examples of Materials That Can Be C&D Debris
Must be "UNCONTAMINATED" and resulting from construction, remodeling,
repair or demolition of utilities, structures and roads
Soil and
Brick, Concrete and
Wood
Rocks
Masonry materials
Does the excavated soil contain debris other than rocks, bricks, glass,
concrete or asphalt? (i.e. building materials)
Permitted C&D Landfill:
Can accept and dispose of only C&D waste
Can accept and dispose of C&D and other solid
Permitted Transfer Station: wastes for the purpose of subsequent transfer to
another solid waste management facility.
NO
YES Does the site have known
history of environmental
contamination?
Samping and laboratory analysis for TCLP1 is required
for all soils prior to disposal or re-use.
If there is a desire to re-use the soil or dispose of it at a
C&D Facility, then Total Contaminant Analysis2 must also be performed.
NO
YES
Does the excavated
material exhibit visual
staining or odors?
NO
Are Lab Results
YES
NO
1
for TCLP Above
RCRA Limits3?
Are Lab Results for
Totals2
Above Part 3754
Unrestricted Limits?
YES
Dispose of as
Hazardous
Waste
Dispose via
EHSS
Haz. Waste
Dispose of as
Regulated Waste
Dispose at an EHSS
Approved NYSDEC Regulated
Part 360 Landfill
(Note: additional
sampling may be
required prior to
approval)
NO
NO
YES
Dispose or Re-use as
"Uncontaminated" Soil/Fill
OR
Is encountered debris likely a
result of Pre-1962 fill or
construction activities?
NO
Excavated Material can be
assumed "Uncontaminated".
No lab analysis required.
Dispose at a NYSDEC
Permitted C&D Landfill
Does the site have known YES
history of environmental
contamination?
Does the excavated
material exhibit visual
staining or odors?
OR
Dispose or Reuse as
"Uncontaminated" Soil/Fill
OR
Asphalt
Land clearing debris
Non-asbestos insulation
Glass
Plumbing fixtures
Wall coverings, dry wall, plaster
Plastics
Electrical wiring
Roofing shingles and coverings
Samping and laboratory analysis for TCLP1 is required
for all soils prior to disposal or re-use.
If there is a desire to re-use the soil or dispose of it at a C&D Landfill or
2
Transfer Station, then Total Contaminant Analysis must also be performed.
NO
YES
NO
Is any encountered debris
suspected to contain a
contaminant(s) (i.e. asbestos,
paint, mastic, caulk, PCBs,
petroleum, chemicals, etc.)?
YES
YES
Are Lab Results
NO
for TCLP1 Above
RCRA Limits3?
Is encountered debris likely a
result of Pre-1962 fill or
construction activities?
YES
Dispose of as
Hazardous
Waste
Dispose of as
Regulated Waste
Dispose via
EHSS
Haz. Waste
Dispose at an
EHSS Approved NYSDEC Regulated
Part 360 Landfill
NO
Excavated Material can be
assumed "Uncontaminated".
No lab analysis required.
Are Lab Results for
Totals2
Above Part 3754
Unrestricted Limits?
YES
NO
OR
Dispose at a NYSDEC
Registered C&D
Processing Facility
OR
Re-Use On-site with
approval from EHSS
and/or NYSDEC6,7,8
Is any encountered debris
YES
suspected to contain a
contaminant(s) (i.e. asbestos,
paint, mastic, caulk, PCBs,
petroleum, chemicals, etc.)?
YES
Dispose of as
"Uncontaminated" C&D Debris
Dispose at a NYSDEC
Permitted C&D Landfill
OR
Dispose of as
"Uncontaminated" C&D Debris
Dispose at a NYSDEC
Permitted Transfer Station
OR
Dispose at an EHSS Approved NYSDEC Regulated
Part 360 Landfill
Re-Use On-Site5,7
OR
OR
9
Re-Use Off-Site at SU
OR
Re-Use Off-Site at an
EHSS Approved
Non-SU Commercial
Location5,7,9
OR
OR
NO
Request a Case Specific
Beneficial Use Determination
from NYSDEC to be able
to Re-Use Material8
(may take 3-6 months to obtain)
1
The laboratory analytical parameters for TCLP Analysis will be determined by the requirements of the disposal faciilty. The parameters may include: TCLP for Metals, TCLP for VOCs, TCLP for SVOCs, PCBs, Flashpoint, % Solid, pH, Paint Filter, and/or asbestos.
The laboratory analytical parameters for Total Contaminant Analysis must include Metals, VOCs, SVOCs, PCBs, and Pesticides.
3
RCRA Limits are defined in 40 CFR Part 261
4
Part 375 Unrestricted Limits are the Soil Cleanup Objectives provided in NYSDEC's 6 NYCRR Part 375-6 regulations which allow for unrestricted use. Soils must be analyzed for Total Contaminates (not TCLP) to allow for comparison with these limits.
5
Predetermined BUD #7 - NYSDEC allows for beneficial re-use of "uncontaminated soil which has been excavated as part of a construction project, and which is being used as a fill material, in place of soil native to the site of disposition." [6 NYCRR 360-1.15(b)(7)]
6
Predetermined BUD #8 - NYSDEC allows for beneficial re-use of "nonhazardous, contaminated soil which has been excavated as part of a construction project, other than a department-approved or undertaken inactive hazardous waste disposal site remediation program, and which is used as backfill for the
same excavation or excavations containing similar contaminants at the same site". (Note: use of in-place and stockpiled soil from a site may also need approval by the local health department.) [6 NYCRR 360-1.15(b)(8)]
7
Predetermined BUD #11 - NYSDEC allows for beneficial re-use of "recognizable, uncontaminated concrete and concrete products, asphalt pavement, brick, glass, soil and rock placed in commerce for service as a substitute for conventional aggregate." [6 NYCRR 360-1.15(b)(11)]
8
6NYCRR Part 360-1.15(d) allows for entities to request a case-specific beneficial use determination from NYSDEC. The process for receiving a case-specific beneficial use determination from NYSDEC may take a minimum of 3-6 months.
9
Re-use of "uncontaminated" soil/fill at an off-site location is only permitted if the disposal "occurs between the hours of sunrise and sunset, and no fee or other form of consideration is required for the privilege of using the facility for disposal purposes." [6 NYCRR 360-7.1(b)(1)]
2
Revision 5/05/15