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Solid Waste Utilization

In early 2004 MPCA staff completed amendments to Minn. Rule Ch 7035 pertaining to the beneficial use of solid waste. The rules revisions were conducted to establish a system that will assist persons generating wastes to identify beneficial uses for those wastes rather than sending them to a landfill.  The beneficial use of solid waste will save landfill capacity for materials that do not have alternative uses and reduce the amount of raw materials used in construction and other industries. By using solid waste individuals and organizations can reduce disposal costs, or even generate profit through the sale of materials that have a beneficial use.

For more information on the rulemaking, see the following:

The solid waste utilization program will achieve this goal by establishing

  • Procedures by which persons who wish to explore a potential beneficial use can do so through a limited demonstration/research project (DRP) even if the use is not allowed under present rules or permit conditions.
  • A category of standing beneficial uses (SBUD) of wastes that do not require any regulatory contact or approval.
  • Procedures whereby a person proposing a use not in the "standing" category can seek and obtain regulatory approval for that use through a beneficial use determination (BUD).
  • Methods for characterizing the solid waste and the proposed use such that information about the proposed use can be shared with regulators and interested people.
  • Standards for storage of solid waste prior to its beneficial use.
  • A point in time when the designation of a material as a solid waste is removed and the material is no longer subject to solid waste regulation.

Criteria

To qualify as beneficial, a use must meet the following criteria:

  1. the solid waste must not be stored in anticipation of speculative future markets;
  2. the solid waste must be adequately characterized in accordance with part 7035.2861;
  3. the solid waste must be an effective substitute for an analogous material or a necessary ingredient in a new product;
  4. the use of the solid waste does not adversely impact human health or the environment; and
  5. the solid waste must not be used in quantities that exceed accepted engineering or commercial standards. (excess use of solid waste is not authorized by this part and is considered disposal)

Conditions for solid waste use

The solid waste utilization rules identify three different conditions under which wastes can be used rather than disposed of: standing beneficial use determinations (SBUD), case-specific beneficial use determinations (BUD), and demonstration / research projects (DRP).

Case-specific beneficial use determinations (CSBUD)

For uses of solid waste not identified in 7035.2860 subpart 4, the agency shall make a case-by-case determination on whether the proposed management option for the specific solid waste is a beneficial use. This determination must be based on information submitted in accordance with 7035.2860. To qualify as beneficial a use must meet the following criteria:

  1. the solid waste must not be stored in anticipation of speculative future markets;
  2. the solid waste must be adequately characterized in accordance with part 7035.2861;
  3. the solid waste must be an effective substitute for an analogous material or a necessary ingredient in a new product;
  4. the use of the solid waste does not adversely impact human health or the environment; and
  5. the solid waste must not be used in quantities that exceed accepted engineering or commercial standards. (excess use of solid waste is not authorized by this part and is considered disposal)

For more information, visit Case-specific beneficial use determination 

Standing beneficial use determinations (SBUD)

A standing beneficial use determination (SBUD) means that the generator or end user of a material can do so in accordance with 7035.2860 without contacting the agency. Only those specific solid wastes and the uses designated in 7035.2860 have been given standing beneficial use determinations. Any other uses of solid waste must follow the procedure for obtaining a case specific beneficial use determination (BUD), outlined in 7035.2860 subp 5, or a Demonstration/Research project (DRP), outlined in 2035.0450.

For more information, visit Standing beneficial use determinations 

Demonstration / research projects (DRP)

Minn Rule part 7035.0450 provides a process of regulatory oversight of Demonstration / Research projects.

Demonstration/research projects are limited-scale projects conducted for the purpose of obtaining information and data on methods of solid waste management including but not limited to utilization. For example a DRP may be conducted to evaluate new landfill designs or solid waste management technologies.

For more information, visit Demonstration / research projects

Solid waste utilization

How do I determine which category my potential use should fall under?

First, review the list of standing beneficial uses in Minn. Rule part 7035.2860 subp 4. If the waste and use you are considering are listed, you may go forward without notifying the MPCA. If the waste and use are not listed as an SBUD, you will have to submit a proposal for a CSBUD or a DRP. When deciding between a CSBUD or a DRP, consider the goals of the project. If a project is being done to gain data or to test a new idea, it should be submitted as a DRP proposal. If a potential use is designed to be an ongoing activity, it should be proposed as a CSBUD. If MPCA staff feel that more information is needed to approve a BUD, they may recommend the design and completion of a DRP.

Storage prior to beneficial use

Solid wastes that are beneficially used are no longer exempt from storage standards. The standards established for solid wastes stored before their beneficial use are detailed in 7035.2855. The standards established allow flexibility in storage design. The goal of the design is to prevent contaminants from migrating into ground or surface waters and prevent nuisance conditions from occurring at the storage facility.

Contacts

For more information contact:

Trevor Shearen
520 Lafayette Rd. N.
Saint Paul , MN 55155-4194
Phone 651-757-2717
Fax 651-297-2343
E-mail: trevor.shearen@state.mn.us

Last modified on March 17, 2014 16:10