250 R.I. Code R. 250-RICR-140-05-7.3

Current through October 15, 2024

Section 250-RICR-140-05-7.3 - Construction and Demolition Debris: Reuse, Sampling and Testing Requirements

A. General Information:

1. All facilities that process or separate construction and demolition debris and generate screenings and/or wood chips for reuse must sample and test these materials in accordance with §§ 7.3(B) and (C) of this Part.

2. Any costs associated with the testing of these materials by the facility or by the Department to verify the results of the facility's tests shall be borne by the facility. Each facility must establish a fund with the Department to cover the costs of these tests. The amount required in this fund must be indicated in the facility operating plan and must be based on the number of tests required for the quantity of materials processed or separated at the facility. At all times, the fund established pursuant to this section must equal or be greater than the cost of two (2) rounds of sampling.

B. Screenings: Reuse, Sampling and Testing Requirements:

1. The Department may approve the use of screenings for use as an alternative daily cover on landfills in the State if it can be demonstrated that the screenings meet the criteria in a landfill's approved operating plan, and are capable of meeting the following minimum performance criteria for daily cover material:

a. To control and not sustain fires;

b. To control and not contribute to odors (this may require the separation of plaster and wall-board from daily cover material);

c. To control and not contribute to the propagation of vectors;

d. To control and not contribute to blowing litter and dust;

e. The screenings pass through a two-inch screen;

f. The amount of fines (material passing through a number 200 sieve) in the screenings is less than 25 percent by weight (dry basis);

g. Screenings may be mixed with other suitable materials, to meet the requirements set forth above.

h. Analytical testing for all screenings proposed for use as a daily cover shall include, at a minimum, appropriate toxicity Characteristic Leaching Procedure (TCLP) parameters as set forth in 40 C.F.R. § 261, incorporated in § 1.3(A) of this Subchapter, at a frequency approved in the operating plan.

2. Screenings separated from construction and demolition debris may also be reused for other specific uses if prior written approval is received from the Department. Such beneficial uses shall be evaluated on a case by case basis and shall be limited to non-agricultural and non-residential applications.

3. All projects utilizing screenings from construction and demolition debris must have a sampling and testing plan and schedule approved by the Department.

4. The sampling and testing plan shall include, but not be limited to, addressing the following constituents of concern:

a. Metals: Arsenic, Cadmium, Chromium, Copper, Lead, Mercury and Nickel.

b. Organic Compounds: PCB's, Endrin, Toxaphene, 2,4,5-T, 2,4,5-TP (Silvex).

c. Asbestos - Must not exceed the requirements of the Rules and Regulations for Asbestos Control which states: "Regulated Asbestos Containing Materials: are friable asbestos materials containing more than 1% asbestos, including non-friable asbestos that may release asbestos fibers when handled or demolished."

5. No screenings shall be utilized within 200 feet of any body of surface water or freshwater wetland or within 500 feet of any body of surface water or freshwater wetland within the watershed of a public drinking water supply without specific approval of the Department.

6. No screenings shall be utilized within 200 feet of any private drinking water supply well or within 500 feet of any public drinking water supply well.

7. The plan shall also identify testing procedures and protocols, testing frequency, and maximum contaminant limits based upon the proposed end uses.

C. Wood Chips: Reuse, Sampling and Testing Requirements:

1. Wood chips generated from the pulverizing or chipping of unadulterated wood or land clearing debris, such as brush, tree limbs and stumps, may be utilized for the following:

a. Landscaping mulch

b. Soil amendment

c. Sewage sludge amendment for composting

d. Erosion control material

e. Fuel

f. Other uses approved by the Department and described in the facility's operating plan

2. Wood chips generated from the pulverizing or chipping of segregated building wastes and segregated demolition wastes or adulterated or treated wood are restricted to the following uses:

a. Fuel

b. Department approved erosion control projects at approved landfills

c. Other projects with Department approval

3. All projects utilizing wood chips, except for fuel usage, must have a sampling and testing plan and schedule approved by the Department.

4. The sampling and testing plan shall include, but not be limited to, addressing the following constituents of concern:

a. Asbestos - Must not exceed the requirements of the Rules and Regulations for Asbestos Control which states: "Regulated Asbestos Containing Materials: are friable asbestos materials containing more than 1% asbestos, including non-friable asbestos that may release asbestos fibers when handled or demolished."

b. Ignitable Petroleum Distillates - Must not meet the definition of a hazardous waste as defined in the Rules and Regulations for Hazardous Waste Management.

c. Metals: Chromated Copper Arsenate (CCA), Arsenic, Chromium, Copper, Lead, and Mercury.

d. Semi-volatiles: Creosote*, creosol, Pentachlorophenol.

e. *- Arsenic, Chromium, and Copper are indicators of Chromated Copper Arsenate and Creosol, an active ingredient of Creosote, is an indicator of Creosote.

5. The plan shall also identify testing procedures and protocols, testing frequency, and maximum contaminant limits based upon the proposed end uses.

6. Wood chips generated for use as a fuel for boilers and wood-fired power plants must meet the requirements for those facilities. The facility operating plan must indicate all wood fuel facilities to be utilized.

250 R.I. Code R. 250-RICR-140-05-7.3