MANAGEMENT OF ROAD WASTES
For more information on the contents of this document contact:
|New Jersey Department of Environmental Protection
Division of Solid and Hazardous Waste
Bureau of Resource Recovery & Technical Programs
401 E. State Street, P.O. Box 414
Trenton, N.J. 08625-0414
This guidance document presents guidance for the handling, characterization and management of road wastes to provide options for the use of the wastes. The document also explains why use of road wastes suspected or known to be contaminated are of concern to the New Jersey Department of Environmental Protection (department or DEP). Road wastes include street sweepings, storm sewer clean out materials, retention basin clean out materials and other similar road wastes. The term "road wastes" will be used herein to refer to all road wastes. Wastes removed from municipal sanitary sewer systems (a.k.a. municipal wastewater systems) are not included in road wastes.
The type and amount of contaminants present in road wastes puts them in one of three categories: 1) road wastes that contain hazardous waste, 2) road wastes as waste type ID 10 municipal solid waste, or 3) road wastes that contain contaminants below regulatory concern.
The following table of contents will assist you in locating information in this document:
TABLE OF CONTENTS
SECTION CONTENT PAGE
I ... INTRODUCTION & BACKGROUND 2-C
II ... CONTAMINANT STANDARDS 2-C
III ... GENERAL HANDLING REQUIREMENTS 3-C
IV ... CHARACTERIZATION 4-C
V ... MANAGEMENT OPTIONS 4-C
VI ... EXAMPLES OF USES 7-C
VII ... RESPONSIBILITY & DISCLAIMER 9-C
VIII ... FUTURE POLICY 9-C
I. INTRODUCTION & BACKGROUND:
The DEP is very interested in supporting the beneficial use of solid wastes such as road wastes whenever feasible. To assure these uses are protective of human health and the environment, uses of road wastes must be approved by DEP for consistency with department policies, guidance (e.g. Soil Cleanup Criteria) and regulations. In many instances, road wastes are known to contain elevated concentrations of contaminants such as lead and carcinogenic compounds associated with petroleum products that are known to be hazardous to human health above certain levels. Therefore, uses of road wastes must be controlled in order to manage the risks posed to human health and the environment.
Most beneficial uses of road wastes involve some form of land application requiring department authorization. When solid wastes like road wastes are used beneficially in land application they are exempted from regulation as solid waste and thus, will herein be referred to as "materials". The process of authorizing use of materials like road wastes for land application is outlined below in detail.
When collected in the course of cleaning the state's streets, storm basins and storm sewers, road wastes are classified as waste type ID 10 municipal solid waste as defined and regulated at N.J.A.C. 7:26-1.1 et seq. Normally, road wastes classified as ID 10, as well as other types of solid wastes, must be directed to a solid waste facility permitted to receive such waste for disposal. However, an exemption to solid waste regulation at N.J.A.C. 7:26-1.1(a)1 is allowed for solid waste, separated at the point of generation, that is sent to an approved facility for use or reuse as raw materials or directly as products. It is this exemption process that allows road wastes to be authorized for beneficial uses exempt from waste flow and solid waste disposal regulations. Also exempted from solid waste regulations is waste managed and manifested as hazardous waste in accordance with the rules and regulations as set forth at N.J.A.C. 7:26G-1.1 et seq., and transported directly to a hazardous waste facility from the point of generation.
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II. CONTAMINANT STANDARDS:
This section describes the basis for DEP's application of contaminant standards to road wastes. The DEP will propose cleanup standards once the Environmental Risk Assessment and Risk Management Study Commission, established by Section 47 of the Industrial Site Recovery Act (ISRA), completes its assigned tasks. These cleanup standards will form the basis for developing regulations for the use or reuse of materials contaminated with hazardous substances. Until these regulations are adopted, the department is making case-by-case decisions based on our present guidance, the Soil Cleanup Criteria (SCC), to ensure the safe use of these materials. At present, the most extensive and rigorous assessment of human health-based risks posed by environmental pollutants, on which to base reasonable use policy for land application of contaminated materials, is set forth in the DEP's Soil Cleanup Standards originally listed separately in Tables 3-1 and 7-1 at N.J.A.C. 7:26D. For further guidance in this area, these standards are specified and referenced at N.J.A.C. 7:26E, the Technical Requirements for Site Remediation adopted May 19th, 1997. A copy of the latest SCC is attached to this Technical Manual as Appendix F. In view of the health-based criteria set forth in the SCC and the available analytical data for road wastes, the contaminants in road wastes are not consistently at sufficiently low levels to allow unauthorized free use. The DEP is particularly concerned about spikes of high concentrations of petroleum hydrocarbons such as oils, the carcinogenic compounds found in asphalt, or other contaminants such as lead that typically occur in road wastes. The available analytical data suggest, however, that road wastes generally neither are hazardous wastes required to be regulated as hazardous wastes per N.J.A.C. 7:26G, nor are sufficiently contaminated to prevent their use under controlled circumstances. Therefore, given the limited contaminant characterization data available, approvals for use of road wastes containing contaminants at a level exceeding the most stringent latest available SCC are reviewed on a case-by-case basis by the Bureau of Resource Recovery and Technical Programs (BRRTP). Blanket approvals are not available at this time. For the class of road wastes contaminated below the department's SCC, a one-time site-specific use is allowed as described below in Sections VI and VII of this Appendix. Applications of any such road wastes to a site more than once require authorization of the BRRTP in order to prevent potential environmental degradation (refer to section V.2.b.). This process ensures that use of all road wastes will be consistent with the most recent SCC when road wastes are proposed for use in situations where human or environmental exposure to contaminants is possible.
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III. GENERAL HANDLING REQUIREMENTS:
This section describes the general requirements applicable to handling road wastes.
1. Litter - Road wastes are generally contaminated with oversized "litter" such as plastics and paper items, road matter, vehicle parts and other miscellaneous wastes. Before road wastes may be sampled for analysis, this litter must be removed and disposed of as ID 10 municipal solid waste or preferably, be recycled. Bulky materials, such as significant amounts of chunks of concrete or asphalt, should be taken to DEP approved recycling centers, or asphalt manufacturers, for recycling.
2. De-icing Salts - In some cases road wastes may contain concentrations of road de-icing salts. Standards for applications of de-icing salts are not established as it is common practice to dispense large quantities of salts on roads for deicing during winter months. With normal precipitation levels, significant amounts of these salts with typically high solubility coefficients should not be present in road wastes. Use of road wastes containing road de-icing salts, however, must be consistent with all requirements and the user should also be aware of the phytotoxic effects of salts particularly during the growing season.
3. Transport - Road wastes being disposed of as solid waste in accordance with N.J.A.C. 7:26 must be transported only by licensed solid waste transporters in registered solid waste vehicles. Transport of road wastes destined for recycling centers (refer to section V.2. below), or uses authorized by the department, is not subject to the solid waste transporter licensing requirements. Therefore, use of licensed solid waste transporters and registered solid waste vehicles is not required in these instances.
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This section describes the requirements for sampling and analysis of all road wastes except those being disposed of as ID 10 solid waste.
All road wastes must be sampled and analyzed in accordance with standard DEP quality assurance standards and practices to fully characterize the contaminants, regardless of the intended future disposition of the road wastes. For guidance in this area, these standards are specified and referenced at N.J.A.C. 7:26E, the Technical Requirements for Site Remediation adopted May 19th, 1997. Detailed sampling guidance may also be obtained from BRRTP at (609) 292-8341.
A generator of road wastes must determine if the road wastes constitute hazardous waste in accordance with requirements at N.J.A.C. 7:26G-1.1 et seq. A hazardous waste classification may be required if elevated levels of contaminants are detected, at the discretion of the department. For uses of road wastes requiring DEP authorization as described herein (refer to section V.), all analytical data must be submitted to BRRTP for review on a case-by-case basis.
Road wastes proposed for beneficial use projects must also be analyzed for the contaminants listed in the Soil Cleanup Criteria (SCC), as described above in section II.
Additional sampling may be required based on the results of the initial data collected if further contaminant delineation is necessary. A higher frequency of sampling, screening and analysis may be required to characterize the road wastes when "hotspots" of contamination are known or suspected to exist in a pile. For very large quantities of road wastes a lower frequency of sampling may be appropriate, subject to departmental authorization, based on site-specific data. It is recommended that the DEP review sampling plans that vary from the sampling methods outlined in Appendix G prior to sampling.
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V. MANAGEMENT OPTIONS:
This section describes various management options for the following categories of road wastes: 1) road wastes that contain hazardous waste, 2) road wastes as non-hazardous ID 10 municipal solid waste, or 3) road wastes that contain contaminants below regulatory concern. It also describes the process of obtaining department authorization for use of road wastes. Whenever any road wastes are used for any purpose other than disposal in accordance with N.J.A.C. 7:26-1.1 et seq., the following conditions must be met:
1. Hazardous Waste - Road wastes that contain a hazardous waste must be managed as hazardous wastes when contamination is above the non-hazardous waste limits or the road wastes are otherwise classified a hazardous waste. These road wastes must always be managed as a hazardous waste in accordance with N.J.A.C. 7:26G-1.1 et seq. and the USEPA Code of Federal Regulations Title 40, Parts 260-299. The only management option for road wastes containing a hazardous waste is management as a hazardous waste.
a. Handling - All road wastes designated as hazardous waste per N.J.A.C. 7:26G-5 and 40 CFR 261 must be properly staged and removed within 90 days. Hazardous waste piles are prohibited. When road wastes are determined to contain a hazardous waste they must be staged during the remaining 90-day period in accordance with N.J.A.C. 7:26G-6 and 40 CFR 262 (i.e. either sealed rolloff container or sealed drums).
2. Non-hazardous ID 10 Municipal Solid Waste - Road wastes contaminated at levels above the regulatory concern limit (see section V.3. below), and which are not classified as hazardous waste, are considered to be non-hazardous solid waste. These road wastes are classified as ID 10 municipal solid waste if treatment, storage or disposal at an authorized solid waste facility is a short or long-term management option. If ID 10 road wastes are used beneficially with DEP authorization in accordance with section V.2.b. below, the road wastes are then considered useable materials, not ID 10 solid waste.
a. Handling - Contaminated road wastes designated as non-hazardous solid waste may not be stockpiled for more than six months pursuant to the solid waste regulations, N.J.A.C. 7:26-1.1;1.4. Security and public access must be considered when selecting a location for stockpiling of any potentially contaminated road wastes. Staging of any potentially contaminated road wastes must be performed using methods that minimize the disturbance of the road wastes and minimize on-site handling and storage. At a minimum, all potentially contaminated road wastes must be staged on an impervious surface and covered with a waterproof material (i.e. tarpaulin or 10 mil plastic sheeting). The containment must be maintained for the duration of the staging period to prevent contaminant volatilization, runoff, leaching, or fugitive dust emissions.
b. Use Authorization Process - For use of contaminated materials such as road wastes contaminated above the latest most stringent SCC, a written application by the generator and a written determination from the DEP must be made for the non-applicability of the solid waste regulations set forth in N.J.A.C. 7:26-1.1 et seq. This is required for any in-state or out-of-state use for road wastes with any contaminant level exceeding the latest most stringent SCC and is also required for second or additional applications of any road wastes in New Jersey at the same site. The standard requirements for beneficial use project Certificates of Authority to Operate authorizations also apply to applications for use of road wastes, and are detailed in the main body of this Technical Manual.
c. General Requirements for Use - In all cases, any use of road wastes must be protective of ground water and surface water bodies and subsurface structures, such as basements and other indoor areas, as well as all other potential human and other ecological receptors. In addition, all other requirements for any prospective use of road wastes must be met. These requirements include, but are not limited to: any limitations imposed by wetlands restrictions; stream encroachment regulations; proximity to residential areas as defined by the originally proposed, or updated, N.J.A.C. 7:26D of February 3, 1992 implying limits on use of materials contaminated above non-residential limits; limitations on use of materials contaminated at any level where the contaminants could pose a risk to surface or ground water; hazardous waste recycling regulations; and any other requirements, in addition to i.-iv. below:
i. Pinelands Area - Road wastes generated outside or within the Pinelands Area that contain contaminants at or below the most stringent cleanup levels established by the DEP shall not be moved from the site of generation into or within the Pinelands Protection Area unless the road wastes are at or below the receiving site's contaminant background levels. Road wastes generated in the Pinelands Area that exceed background levels may not remain in the Pinelands Area but may be used elsewhere with written permission of the DEP in accordance with the requirements set forth in this document. Written approval from the New Jersey Pinelands Commission, New Lisbon, N.J. 08064, must be obtained before any disturbance or moving of road wastes at any level of contamination within the Pinelands Area.
ii. Objectionable Odors or Appearance - Road wastes having objectionable odors, including petroleum or synthetic chemical odors, shall not be used in residential areas or other locations where the public would be exposed or where such odors or appearance would render a site or its improvements unusable for their reasonably intended purpose. Specifically, the road wastes to be used must not violate the air pollution rules, N.J.A.C. 7:28-1.1 et seq. or local nuisance codes.
iii. Regulatory Compliance - The road wastes must be used in accordance with all applicable federal, state and local requirements.
iv. Allowable Storage Time - Non-hazardous road wastes contaminated at levels above the most stringent SCC must not be stockpiled at the site of generation, or elsewhere, for more than six months from the date of collection until disposition pursuant to the solid waste regulations, N.J.A.C. 7:26-1.1; 1.4. Therefore, road wastes use considerations and subsequent actions should be acted on as soon as anticipated.
3. Contaminated Below Regulatory Concern - Road wastes with contaminant levels below the latest most stringent site-specific SCC standards are suitable for use without prior approval on a one-time site-specific basis, or if the road wastes are recycled at an approved recycling center. Only road wastes that contain contaminants at levels below the most stringent SCC established by the DEP for a specific site, are not of regulatory concern with the exception of sites in the Pinelands Area. In addition, the minimum criteria for all use applications, as noted in section V.2.c. above, also apply to road wastes below regulatory concern.
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VI. EXAMPLES OF USES:
This section outlines the department's position on a number of different types of potential uses for road wastes. All uses described below require BRRTP authorization as outlined in section V. of this document, unless explicitly stated otherwise in each section. The general handling requirements outlined in section III., and all other requirements, are also applicable to all potential uses listed below except as noted below. All references to use criteria in this document shall be taken to mean the latest available criteria from the department.
1. Fill for potholes: Road wastes, with analytical values at levels below the latest non-residential SCC levels, are normally suitable for direct use as fill for potholes, whether the road wastes are incorporated into an asphalt binder or are used directly as sub-fill for larger holes. If the road wastes are used as sub-fill for larger holes, they must be capped with normal road surfacing material, such as concrete or asphalt.
2. Embankment for emergency road repairs: Road wastes with analytical values at levels below the most stringent SCC standards are usable for embankment material without prior approval. Embankment material is needed by DOT for emergency road repairs when road surfaces and base materials are eroded or removed due to washout or other circumstances.
3. Containment/absorption medium for hazardous materials spill response: Road wastes, unless determined to be hazardous wastes, are suitable for use as absorptive material to contain or to absorb hazardous materials in emergency situations. Following such use, the road wastes must be immediately handled in accordance with all requirements for hazardous materials. The road wastes cannot be permitted to wash into surface waters. If road wastes are used in the form of embankments to contain larger spills, the road wastes must be stabilized to prevent surface waste contamination, and be collected and handled appropriately as a contaminated hazardous material.
4. Sub-base fill: Road wastes contaminated at levels below the latest non-residential SCC may be used for sub-base fill.
5. Soil mix additive for pavement materials: Road wastes may be used directly as additives in materials such as concrete or asphalt for paving or other uses, without prior approval, if not contaminated above the latest non-residential SCC limits, and all other requirements for manufacture and use of the product are met.
6. Deicing/Antiskid Material: Road wastes may be used as deicing or antiskid material if contaminated below the residential SCC without prior approval.
7. Landfill cover: Under most circumstances, unless road wastes have been analyzed and determined to be hazardous wastes, road wastes are suitable for landfill cover from the standpoint of pollutant contamination levels. Use of road wastes for landfill cover, especially road wastes with higher levels of contamination, isolates these contaminants from further contact with the environment and provides a favored option for road wastes use. It is, of course, the prerogative of individual landfill operators to require analyses of materials they are using for cover and under those circumstances, individual facilities may set certain limits or other criteria for contaminant levels in the materials. BLRM will determine whether the road wastes meet the criteria established in the solid waste regulations for ability to function suitably as landfill cover in New Jersey. The generator of the road wastes should contact BLRM directly at (609) 984-6650 for review and approval of road wastes for use at landfills.
8. Recycling Centers - For recycling at approved recycling centers in New Jersey: contact the authorized recycling center directly or BLRM. Road wastes accepted at an approved DEP recycling center do not require a waste flow exemption or a prior site-specific use approval as outlined below.
9. Other Uses: Other one-time land application uses of road wastes without prior approval are feasible in line with the above guidance if all contamination levels are below the latest most stringent site-specific SCC. Direct land application of road wastes contaminated at any level above the most stringent SCC and second or additional applications of road wastes contaminated below regulatory concern at the same site require DEP authorization on a case-by-case basis. Application for such uses must be made to BRRTP. This type of authorization is technically rigorous, will require a detailed site description and may require at least six to eight weeks for review. Contact BRRTP for details. Actual standards applied at a particular site are determined by the DEP on a case-by-case basis and may differ from site to site. This variation is due to many factors, including site-specific human health and environmental exposure pathways, the presence and combinations of synergistic or additive site contaminants, and site-specific physical characteristics.
Additionally, road wastes, even those contaminated at higher levels of contamination, may be incorporated into products where the road wastes are physically bound, or permanently entrained, such as into asphalt, concrete, building materials or other products. All requirements for the product's manufacture and use must be met. Case-by-case authorization is required for these uses only at a contamination level above non-residential SCC limits.
10. Disposal: For information on disposal in accordance with N.J.A.C. 7:26 at the designated solid waste facility, contact the appropriate county solid waste management official for the designated solid waste district facility.
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VII. RESPONSIBILITY & DISCLAIMER:
It is the responsibility of the generator of the road wastes to properly manage and characterize/classify the road wastes and to determine if road wastes are contaminated.
The DEP reserves the right to require or conduct testing. Should road wastes be considered unsuitable by the DEP after the road wastes have been used/reused, the generator of the road wastes is responsible for their proper remediation, as well as for the remediation of all other media affected. Specifically, the DEP may take action if a more stringent SCC is adopted, the SCCs were improperly applied to a use application or other relevant requirements are issued. Use of road wastes shall not relieve any person from obtaining any and all permits required from any federal, state, county or local agency. This document does not grant permission to fill or alter floodplain areas, riparian lands, freshwater wetlands or surface water runoff conditions without the appropriate approvals.
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VIII. FUTURE POLICY:
More information is constantly being developed on the toxicity of pollutants to humans and the environment, leading to the establishment of different materials contaminant standards. Therefore, be aware that, over time, it is likely that the policies outlined herein will evolve as new contaminant standards are established. As this new information becomes available, policy on the use of road wastes will be modified by the department to make use policies consistent with the latest human health and environmental risk-based information in order to adequately protect human health and the environment.
The BRRTP, (609) 292-8341 should be contacted for assistance and to obtain or confirm the latest available update of this guidance.
Date: 7/27/94 (original signed by Kenneth T. Hart)
Kenneth T. Hart, Director
Division of Solid Waste Management