2011 C&D Recycling Forum: Rules and Regulations

Attendees of the 2011 C&D Recycling Forum were updated on the growth of the C&D recycling industry and regulations affecting the industry during a session titled “Rules and Regulations,” presented by Bob Brickner of the consulting firm Gershman, Brickner & Bratton Inc. (GBB), Fairfax, Va.

Brickner shared research conducted by GBB comparing the number of C&D landfills that existed in 1994 to today’s numbers. According to Bricker, there were 1,889 C&D landfills in 1994, compared to 1,526 in 2010.

According to Brickner, the number of landfills in the New England, Mid Atlantic, Upper Midwestern, Southeastern and Western states all declined between 1994 and 2010. The number of C&D landfills in the Southwestern and Rocky Mountain states increased during that same period.

In 2010, there were 164 C&D recycling facilities running mechanical systems in the United States, which is 60 fewer facilities than were running in 1996, according to Brickner.

Brickner estimates that there are between 250-300 million tons of C&D waste generated per year in the United States, with concrete pavement generating 75-100 million tons per year (TPY), asphalt generating 70-80 million TPY and mixed C&D waste making up 125-135 million TPY.

Brickner outlined several local, state and federal regulations that have implications for the C&D recycling industry.

Because of the Massachusetts Department of Environmental Protection Construction Materials Disposal Ban the following materials cannot be disposed of in Massachusetts:

• Wood   
• Metal 
• Asphalt Pavement
• Brick
• Concrete
• Clean Gypsum Wallboard

Brickner also discussed the Construction Materials Recycling Association’s (CMRA) and the National Solid Wastes Management Association’s (NSWMA) new standards for C&D wood debris to promote it as a fuel source.

“The specifications will be a starting point in negotiations between potential buyers and sellers of C&D wood fuel, and will aid governmental regulators and legislators to better understand workable and proven specifications for the materials,” said Brickner.

The specifications assign a grade of A, B, C or D to the C&D wood.

In 2005, the Chicago City Council passed amendments to the Construction or Demolition Site Waste Recycling Ordinance to increase the amount of C&D debris that is recycled in Chicago.

As of 2007, the City Ordinance requires 50 percent of the C&D debris generated at a job site to be recycled.

In California, the 2010 Green Building Standards Code (CALGreen) went into effect Jan.1, 2011, requiring newly constructed buildings to develop a waste management plan and divert 50 percent of the construction materials generated at the project.

According to Brickner, in 2006, the City of San Francisco adopted Ordinance No. 27-06 that mandated the recycling of C&D debris. “This ordinance prohibits any C&D materials from being placed in the trash or sent to a landfill,” explained Brickner.

In Portland, Ore., legislation states that for all building projects within the city where the total job cost (including both demolition and construction phases) exceeds $50,000, the general contractor shall ensure that 75 percent of the solid waste produced on the job site is recycled, said Brickner.

As part of Seattle’s “Zero Waste Strategy,” the city has developed a long term goal to ban construction and demolition waste from the landfill, according to Brickner. “In the near term, however, they indicated a need to take steps to incentivize a market for recycling these materials,” said Brickner.

Brickner also discussed how there are several markets for recycled asphalt shingles including: 

• Hot mix asphalt (HMA)
• Cold patch
• Dust control on rural roads
• Temporary roads or driveways
• Aggregate road base
• New shingles
• Fuel

Florida, Georgia, Indiana, Maryland, Michigan, New Jersey, North Carolina and Pennsylvania all allow up to 5 percent manufacturers’ scrap to be used in HMA, with Ohio permitting a "certain percentage of recycled material," according to Brickner’s research.

GBB has also identified 592 companies offering technology and/or development services in the waste-to-energy arena.

“Several waste conversion technology companies have processes that have implications for the C&D waste stream,” concluded Brickner.