Case-specific Beneficial Use determinations

For uses of solid waste not identified in 7035.2860 subpart 4 as standing beneficial uses, the Minnesota Pollution Control Agency (MPCA) will make a case-specific determination to decide whether the proposed management option for the specific solid waste is a beneficial use. This determination will be based on information submitted in accordance with 7035.2860. To qualify as beneficial a use must meet the following criteria:

  • the solid waste must not be stored in anticipation of speculative future markets;
  • the solid waste must be adequately characterized in accordance with part 7035.2861;
  • the solid waste must be an effective substitute for an analogous material or a necessary ingredient in a new product;
  • the use of the solid waste does not adversely impact human health or the environment; and
  • 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)

To submit a proposal for a case specific beneficial use determination (CSBUD), send your proposal to the MPCA Permit document coordinator.

Submitting a proposal

Unless specified by the agency, all CSBUD proposals must include both the Solid Waste Case Specific Beneficial Use Determination Checklist and the Application for Utilization Project (w-sw7-25) forms below and submit them to the MPCA Permit Document Coordinator.

As specified in 7035.2860 a proposal must include at least the following information:

  1. a description of the solid waste, manner in which it is generated, quantity generated, quantity to be utilized, and its proposed end use;
  2. results of chemical and physical characterization of the solid waste done in accordance with part 7035.2861;
  3. an evaluation of the human health and environmental impacts the proposed use may have and a comparison of these impacts with those from other management alternatives for the solid waste;
  4. verification that the end product complies with industry standards and specifications for its intended use and a comparison of the chemical and physical characteristics of the solid waste proposed for use with the material it will replace;
  5. a description of the routine sampling and analysis that will be conducted of the solid waste to ensure that the information submitted for review is representative and the solid waste has consistent characteristics. The description must include the procedure and frequency of sampling and analysis, parameters to be analyzed, analysis methods, and laboratory reporting limits to be used;
  6. a copy of a contract to purchase or use the proposed product or other documentation proving that a market for the proposed product or use exists;
  7. a detailed description of how and where the product will be distributed. This should also include a detailed description of how the solid waste will be managed from the time it is generated until the time it will be utilized and the management practices that will be in place to ensure that human health and the environment are protected;
  8. the following information related to the management of solid waste stored prior to its use:
    1. a complete description of the types of storage to be used prior to beneficial use; and
    2. a description of how the solid waste will be managed to meet the requirements in part 7035.2855;
  9. a description of any wastes that will need to be managed as a result of beneficially using the solid waste;
  10. verification that local units of government with authority to regulate the proposed process or use of the solid waste have received a copy of this application and have been provided information on who to contact at the agency to provide comments on the proposed beneficial use activity; and
  11. a proposal for notification of interested or affected parties. The agency shall review this proposal and make a determination on the appropriate notification procedures.

Characterization procedures

Unless otherwise directed by the agency, a person seeking to characterize a solid waste must complete the following steps:

  1. The solid waste must be evaluated to determine if it is hazardous as provided in part 7045.0214. If the waste is determined to be hazardous, no further characterization is necessary because under this chapter no demonstration/research project or beneficial use determination will apply to hazardous waste.
  2. A list of potential chemical constituents present in the solid waste must be developed by evaluation of the processes at the facility that resulted in production of the waste; and review of material safety data sheets, ingredient labels, and other pertinent information.
  3. The solid waste must be analyzed in accordance with the methods provided in subpart 3, to provide the following information on its chemical and physical properties:
    1. potential chemical constituents identified in item B; and
    2. physical properties that affect the use or management of the solid waste.

Case-specific Beneficial Use Determinations

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.

MPCA contacts

Solid Waste Utilization Contact: Greg Kvaal - or 651-757-2511

Permit document coordinator
Minnesota Pollution Control Agency
520 Lafayette Rd. N
Saint Paul, MN 55155