Transcript June 2014 Presentation on NYC Historical Fill
SESSION: Reuse and Recycling Historical Fill Management in New York State Kenneth Brezner. Manager of Solid Waste Division, NYDEC
As the push for development in urban areas continues to grow, developers are being forced to site projects in previously undesirable areas which are mostly historical fill areas. The proper environmental management of materials on these sites, as well as the disposition of its wastes within the context of tight construction costs, is a developing new challenge for both the regulated community and the regulators. Additionally, the improper management of these materials has resulted in numerous illegal fill sites from the Albany area to the end of Long Island. Since the chemical contamination of this fill often has elevated levels of carcinogenic polycyclic aromatic hydrocarbons (PAHs) and heavy metals, they are not fit for reuse as superficial fill material in development especially in public contact sites such as parks, athletic fields or residential housing. On the other hand, mandatory disposal of this material in landfills would greatly increase construction costs as well as environmental impacts associated with mining of virgin soil and rock. As such, a regulatory balance must be made to allow for the proper reuse of this contaminated material that will not increase environmental or public exposure to the contaminants of concern and will be protective of human health, groundwater quality, and ecological resources. Significant changes has occurred in the last several years especially with regards to the severity of mismanagement of this material, such as illegal landfills in the NYC reservoir system, which makes of the timing of this issue critical.
Kenneth Brezner has been working for the New York State Department of Environmental Conservation (DEC) since 1988. In 1989, he moved to the New York City branch of the agency into the Solid Waste Division regulating all types of solid waste activities including garbage transfer station, construction and demolition debris processing facilities, landfill, incinerators, composting facilities, waste tire facilities, waste oil facilities and the New York City Solid Waste Management Plan. While working to his current position as the manager of the whole Division of Materials Management Unit for the New York City region of DEC, an every increasing problem of historical fill became a problem that could no longer be ignored. Mr. Brezner lead the agency to start addressing this significant problem and continues to be one of the foremost professionals in this area. Mr. Brezner received his undergraduate degree in chemical engineer from RPI and receiving his professional engineering license in 1993.
Historical Fill Management in New York City
Transportation Research Board Committee ADC60 Sustainable and Resilient Infrastructure Workshop Parsons Brinkerhoff, 1 Penn Plaza New York City, NY June 18, 2014 Kenneth B. Brezner, P.E.
Regional Materials Management Engineer, Region 2
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New York State Department of Environmental Conservation
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Road Map
Statement of the Problem What is Historical Fill and How Pervasive is it?
C&D Registration Facilities and Consequences of their Current Practices Direct Haul Issues Management of Material in Historical Fill Sites Comments are Welcome Decisions 3 June 18, 2014
NYS Department of Environmental Conservation
Background
Historic Fill, which is mixed soil and solid waste material, that was used to create or function as useable land is ~25% of New York City Continued development pressures in historic fill areas NYC government has had minimal to no involvement in this issue 4 June 18, 2014
NYS Department of Environmental Conservation
Problem Statement
Historical Fill is not clean but is not being properly screened for and removed from the regular clean fill industry Historic fill has environmental and health concerns typically elevated levels of contaminants some of which may be carcinogenic (to be discussed later) and other constituents of concern.
NYSDEC staff have found contaminated unauthorized fill in NYC C&D registration facilities that are to handle clean soils/RUCARBS.
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NYS Department of Environmental Conservation
Historic Fill Areas
Much of NY City’s land area consists of Historic fill material.
These areas (outlined in yellow) are mostly former wetlands filled in with solid waste to make new land June 18, 2014 6
What is Historical Fill?
Besides typical common construction site materials, such as plastic, gypsum and wood, C&D registration facilities must also exclude Historic fill, which NYC excavations often contain. Historic fill is a mix of soil and solid waste materials, such as coal/incinerator ash and cinders and C&D waste, that were used as fill to create more usable land in NYC.
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Problem Statement: NYC and Historic Fill
A surge in the development of NYC and shrinking available space has led to new development on Historic fill land . . . and Historic fill showing up in C&D debris.
C&D debris contaminated with Historic fill often ends up marked as unregulated fill, leading to illegal disposal.
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Current Regulations: A Refresher Course
360-1.2(b)(38): Definition of C&D Debris 360-8.2(a)(1): Long Island Clean Fill 360-16.1(d): Registration Provision for C&D Debris Processing Facilities 360-16.1(a): Processing and Disposal 360-16.2: Definitions Pertaining to Registered C&D Debris Processing Facilities June 18, 2014
NYS Department of Environmental Conservation
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Current Regulations: Definition of “C&D Debris”
360-1.2 (b)(38) »
Uncontaminated solid waste
resulting from the construction, remodeling, repair and demolition of utilities, structures and roads; and uncontaminated solid waste resulting from land clearing. June 18, 2014
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Current Regulations: C&D Processing Facilities
360-16.1(a) Processing and disposal – The facility
may not accept
putrescible material or other solid wastes mixed with C&D debris unless the facility meets the applicable requirements of Subpart 360-11. – Any mixture of solid waste and C&D debris must be disposed of at a solid waste management facility authorized by the department to accept the mixed solid waste.
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Current Regulations:
Registration of C&D Processing Facilities
360-16.1(d) » . . . (i) a facility
receiving and processing only recognizable uncontaminated
concrete and other masonry waste (including steel or fiberglass reinforcing embedded in concrete), asphalt pavement, brick, soil or rock that has not been in contact with a spill from a petroleum product, hazardous waste, or industrial waste, and
that is not commingled with any other solid waste
. . .
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Current Regulations:
Definitions - Registered C&D Debris Processing Facilities
360-16.2
– The following terms have the following meanings when used in this Subpart: » (a)
Pulverize
means to process by any mechanical means such as, but not limited to crushing, grinding, chipping or shredding that breaks and intermixes the components of C&D debris into
small fragments so that the basic constituents of these fragments cannot
be readily identified by the department through visual observation
.
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Current Regulations:
Definitions - Registered C&D Debris Processing Facilities 360-16.2
» (b)
Screenings
means the resulting material that is separated from C&D debris by passing through the openings of a screen.
» (c)
Uncontaminated
means C&D debris that is
not mixed or commingled with other solid waste at the point of generation, processing or disposal, and that is not contaminated
with spills of a petroleum product, hazardous waste or industrial waste.
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RUCARBS
R
ecognizable and
U
ncontaminated –
C
oncrete –
A
sphalt pavement –
R
ock –
B
rick and –
S
oil June 18, 2014
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Examples of Non-RUCARBS
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More Examples of Non-RUCARBS
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Non-RUCARBS: Cause for Concern
Non-RUCARBS debris could have environmental and health concerns because it typically has elevated levels of contaminants, such as PAHs, some of which may be carcinogenic and other constituents of concern.
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Non-RUCARBS: Cause for Concern
The waste you see may be the tip of the iceberg . . .
More so than the unacceptable C&D waste you see, the materials that you can not see, usually Historic fill, are the ones that can be of the greatest concern.
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PAHs: Health Concerns and Exposure Routes
PAHs: Health – Several PAH compounds are known or probable human carcinogens.
PAHs: Exposure Routes – Breathing in dust particles with attached PAHs.
– Drinking PAH-contaminated water.
– Swallowing food, soil, or dust particles that contain PAHs.
– Skin contact with PAH-contaminated soil.
PAHs: Common Exposure Sources » cigarette smoke, vehicle exhausts, asphalt roads » coal, coal tar, asphalt millings (proposed to excluded in new regulations) » wildfires, agricultural burning, residential wood burning » municipal and industrial waste incineration » hazardous waste sites 20 June 18, 2014
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Problem Statement: Another Look
Registered C&D debris facilities are receiving waste that is mixed with Historic fill and regulated C&D material, which are unauthorized wastes, and are distributing fill materials to sites in Regions 1-4 that contain Historic fill and regulated C&D material.
Historic fill has environmental and health concerns because it typically has elevated levels of contaminants, such as PAHs, some of which may be carcinogenic and other constituents of concern.
NYSDEC staff have found contaminated unregulated fill in NYC C&D registration facilities that was later verified to have chemical levels exceeding NYSDEC Part 375 Residential Soil Cleanup Objectives (SCOs) 21 June 18, 2014
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Direct Haul Issues
Historical Fill from construction sites are going without any control by local governments into the cheapest holes Since there is no tracking system in place, DEC only finds out after the fact, usually at the end Responsibility needed to be redirected from the receiving landowner to the generator with a tracking system 22 June 18, 2014
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Historical Fill Sites
Most Material from Historic Fill Sites are still being improperly managed Historic Fill is ending up in the wrong homes Are considered old landfills NYSDEC staff resources needed to review on case-by-case basis 23 June 18, 2014
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Historical Fill Site (Cont’d)
Two primary rules that are used: – Can not allow an increase of contamination from one part of a site to another – Protective cover system – either two foot soil cover/impermeable cover system and demarcation layer.
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Historical Fill Sites (Cont’d)
Solid Waste Unit uses only the science of Part 375 SCOs because: – DMM by regulation can not use environmental easements – Importation of contaminated materials at solid waste management sites is an unacceptable alternative to permitted landfilling 25 June 18, 2014
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Lessons Learned
Recent Projects Historical Fill – Materials excavated from historic fill areas is classified by NYSDEC as a regulated MSW unless it is exclusively C&D waste – The presumption can be rebutted through site investigations, physical examination and chemical testing 26 June 18, 2014
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NYSDEC’s Approach to the Problem
Moving forward, NYSDEC will be strictly enforcing the current regulations.
This means there should be no other waste materials in what should be RUCARBS.
Regulated entities will be required to implement their own waste control plan that will prevent any unauthorized material in your C&D debris.
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What can you do?
Other Ideas Obtain certification from the generator who has the primary responsibility for the waste.
Research the location of the source material, if same is an old fill/industrial area, via maps such as USCS/USGS (1844, 1866, 1891), NYC Soil and Water Conservation District Soil Survey Mapping (2005) and Sanborn Maps – all available online.
Prevent the acceptance of materials with non-RUCARBS through customer outreach and careful review of the material before acceptance Voluntary User Notification form.
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Lessons Learned
Recent Projects Historic Fill – Allowed reuse at other locations at the same site when chemical levels are similar & relocated fill is covered with clean soil or impermeable cover – DEC reviews such request on a case-by-case basis – Limited reuse off-site when the material is chemically acceptable through the BUD process 29 June 18, 2014
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Lessons Learned
Science of Part 375 Lower of Residential and Groundwater SCOs Ecological SCOs where necessary Restricted-Residential SCOs ONLY in unique landfill closures if appropriate setting & future land use is “regulated” Commercial only at Regulated Site (permits/consent orders) Industrial Numbers – Only with Landfill Permit June 18, 2014
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Ideas for the Future Our goal is to work with you, not against you, in achieving full compliance, . . . We want your thoughts on how we can overcome the problem . . .
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Thank you
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Questions And Comments?
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Contact Information
Kenneth B. Brezner, P.E.
Regional Materials Management Engineer NYSDEC – Region 2 Division of Materials Management Region 2 718-482-4896 [email protected]
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