Standing Beneficial Use determinations

A standing beneficial use determination means that the generator or end user of a material can do so in accordance with applicable rules without contacting the agency. Only the specific solid wastes and the specific uses designated in the rules have been given standing beneficial use determinations. Any other uses of the solid waste are not authorized and must follow the procedure for approval of a case-specific beneficial use determination (CSBUD) or a demonstration/research project (DRP).

Standing beneficial uses

  • Unadulterated wood, wood chips, bark, or sawdust when these materials are used as mulch, landscaping, animal bedding, erosion control, wood fuel production, a bulking agent at a compost facility operated in compliance with part 7035.2836, or as a substitute for wood.
  • Unadulterated newspaper and newsprint when used as animal bedding, insulation, or as a substitute for paper products.
  • Uncontaminated glass when used as a sandblast agent.
  • Unusable latex paints, characterized as high solid content, off-specification colors, sour, frozen, or poor quality, when used to produce processed latex pigment for use as an additive for the production of ASTM-specified specialty cement.
  • Reclaimed glass and porcelain fixtures when used as a substitute for conventional aggregate or subgrade applications in accordance with Minnesota Department of Transportation Standard Specifications for Construction 2016 Edition, 3138.2 A2.
  • Crumb rubber when used in asphalt paving or applications where it is used as a substitute for rubber or similar elastic material.
  • Tire shreds when used as lightweight fill in the construction of public roads in accordance with Minnesota Statutes, section 115A.912, subdivision 4.
  • Tire chips when used as a substitute for conventional aggregate in construction applications when the ratio of this substitution is no greater than one to one by volume. This does not include use of tire chips as general construction fill or clean fill.
  • Uncontaminated recognizable concrete, recycled concrete and concrete products, and brick when used for service as a substitute for conventional aggregate.
  • Salvaged bituminous when used as a substitute for conventional aggregate in accordance with Minnesota Department of Transportation Standard Specifications for Construction 2016 Edition, 3138.2 A2.
  • Coal combustion slag when used as a component in manufactured products such as roofing shingles, ceiling tiles, or asphalt products.
  • Coal combustion slag when used as a sand blast abrasive.
  • Coal combustion fly ash as defined by ASTM C 618 when used as a pozzolan or cement replacement in the formation of high-strength concrete.
  • Coal combustion fly ash or coal combustion gas scrubbing by-products when used as an ingredient for production of aggregate that will be used in concrete or concrete products. This does not include use in flowable fill.
  • Foundry sand when used as a feed material for the manufacture of Portland cement.
  • Uncontaminated by-product limes when used as agricultural liming materials and distributed in accordance with chapter 1508 and Minn. Stat. sections 18C.531 to 18C.575. Application rates for by-product limes must be based on the lime recommendations of the University of Minnesota Extension Service and cannot cause the soil pH to exceed 7.1 after application. Site-specific application rates for by-product lime must be determined by an individual that has a background and understanding of crop nutrient management such as a crop consultant or University of Minnesota Extension Specialist. References: HTML icon Nutrient management: Liming (University of Minnesota Extension) and PDF icon Ag-Lime Recommendations in Pounds ENP per Acre (Minn. Dept of Agriculture).
  • Manufactured shingle scrap and ground tear-off shingle scrap when used in asphalt pavement or road sub-bases.

What do uncontaminated and unadulterated mean?

Standing beneficial use determinations are provided for specific uses of uncontaminated glass, concrete and by-product limes. Standing beneficial use determinations were also given to unadulterated wood and newspaper. For the purposes of meeting the standing beneficial use determinations, a material is considered uncontaminated if it does not contain, or have on it, any material that may potentially be harmful to human health and the environment. As an example, concrete painted with lead based paint may be considered contaminated, while concrete that has been painted with a non-toxic latex paint would be considered uncontaminated.

Unadulterated wood is defined in the rule as "wood that does not contain contaminants present as a result of manufacturing or use of the wood". Examples of contaminants include paints, varnishes, stains, glues, resins or chemicals used to prevent rotting. For the purposes of meeting the standing beneficial use determination as unadulterated; newspaper must not contain contaminants present as the result of some other use prior to being used beneficially (i.e., used to soak up oil). The MPCA is working on guidance to provide further clarification of these terms for specific materials and uses. Contact agency staff if you have a question regarding your materials status.

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.

Fact sheets

PDF icon Guidelines - Land application of by-product limes

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