§107-10 MANAGING SURPLUS MATERIAL AND WASTE

June 2014 New York State Department of Transportation Page 1Contract Administration Manual

I. GENERALSurplus material is identified in the standard specifications as being the property of the Contractor. TheContractor may use of or dispose of the excess material in any manner consistent with applicable lawand regulation. Management of surplus material and waste is premised on the condition that thematerial is uncontaminated, and therefore meets the definition for that material. Waste materials aredefined in accordance with 6 NYCRR 360.

II. EXCESS SOIL AND ROCK / SPOILA. Excess Soil and RockMaterial that is excess or unacceptable for engineering purposes (gradation, strength, organicproperties, etc.) is not considered a waste under the solid waste regulations and should be handled asexcess soil and rock. In this application, the material is considered fill. Regions shouldprogrammatically look for locations where excess material may be placed.

B. SpoilIn this application, the material is considered fill, not waste.

Property owners (i.e. w/signs for "clean fill wanted") may allow disposal of spoil during daylight hours.The Construction Environmental Coordinator (CEC) can provide assistance to ensure that areas arenot within wetlands, floodplains, etc. Regions should programmatically identify locations where spoilmay be placed.

1. Disposal Within the ROW. Excess soil and rock and/or spoil may be placed within the ROW,with permission of the Department, to flatten slopes and for other beneficial uses. Disposal ofmaterial within the ROW should be allowed whenever possible. Spoil areas within the contractlimits are typically covered by the SPDES permit covering the contract work, spoil areas outside thecontract limits are generally not, unless identified in the permit. Disposal within the ROW inpreviously identified areas avoids problems with cultural resource issues. If areas within the ROWbut outside the contract limits are identified, a Change Order adding that location to the contractlimits or a Highway Work Permit must be used to authorize the Contractor to work within the ROW.Contact the Regional CEC for assistance in extending SPDES and other applicable permits to spoilareas within the ROW.

For disposal areas within the ROW not identified in the contract documents:The location should be outside identified flood plains, wetlands and buffer areas.The disposal must be in conformance with applicable Federal, State and Local laws andregulations. USACE Permits, Adirondack Park, Nassau County and Suffolk County all haveadditional requirements for the placement of spoil.Highway surface drainage must be adequate and adjacent drainage patterns maintained.Obtain the concurrence of the Construction Area Supervisor and the Maintenance ResidentEngineer as appropriate.The Contractor must submit and have approved an erosion and sedimentation plan, gradingplan and a restoration schedule.

2. Disposal Outside the ROW. The Contractor is solely responsible for disposal of material onprivate property, and must locate and investigate the proposed area and ensure that it is not in ornear a regulated wetland, a flood plain, or a waterway. Local land use regulations do not apply toDepartment operations within the right of way, but do apply to Contractor operations on privateproperty. The Contractor must notify Department of intent to establish spoil area. The EIC shoulduse a reasonableness check to determine action. The Contractor must obtain a property ownerrelease and any required environmental permits. The Contractor is subject to local land useregulations for actions occurring on private property. Property owner agreement to notrestore/grade and stabilize is not sufficient. Contractor should attempt to obtain sole useagreement in order to prevent violations by others.

§107-10 MANAGING SURPLUS MATERIAL AND WASTE

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The EIC should ask Contractor for a copy of the NOI submitted to regulators, or a copy of letterfrom DEC establishing coverage and issuing a permit number, etc. Copies of plans, inspectionrecords, etc are not required, nor desired. If the Contractor is observed doing something on privateproperty is clearly in violation of applicable laws or regulations (as opposed to Department policy),the Contractor should be directed to stop the activity. If the Contractor does not stop the activity,contact the Construction Area Supervisor for potential referral to the appropriate regulatory agency.NYSDEC is the enforcement agent for environmental regulations, not the Department.

III. CONSTRUCTION AND DEMOLITION (C&D) DEBRIS / NON-HAZARDOUS SOLID WASTE

A. Construction and Demolition (C&D) DebrisC&D debris can include sheetrock, scrap wood, shingles, etc. C&D debris may not be buried within theROW, and should be disposed of at a C&D facility (landfill or processing facility).

B. Non-Hazardous Solid WasteThis includes trash and other non-hazardous waste. During the course of construction, debris must bekept cleared from work areas. Garbage and other waste must be disposed of at frequent and regularintervals. Containers must be provided for the collection and separation of waste, trash, oily and usedrags, and other refuse. Containers used for garbage should be equipped with covers. Oily, flammable,or hazardous wastes, such as caustics, acids, harmful dusts, etc. must be handled separately.

IV. NON-HAZARDOUS INDUSTRIAL WASTEThis includes asbestos, paint waste, petroleum contaminated soil and empty containers.

A. AsbestosAsbestos may be encountered in a variety of forms, including building insulation, pipe insulation, andoccasionally mixed in lead based paint known as Dum-Dum. See Section 210 Removal and Disposalof Asbestos Containing Materials for details.

B. Paint WastePavement markings applied after 2006 do not contain lead based pigments. Structural paints appliedto bridges and structures after 1978 typically do not contain lead based pigments. Paint that does notcontain lead is typically considered a non-hazardous industrial waste. See Section 571 Disposal ofPaint Removal Waste for details.

C. Petroleum Contaminated SoilContaminated soil contains chemical constituents at levels above NYSDEC recommended soil cleanupobjectives, but below levels that would cause the soil to be classified as a hazardous waste. Typicalsources of contamination include petroleum storage and handling, industrial/commercial activities, andlandfilling. See Section 205 Contaminated Soil for details.

D. Empty Drums or Containers that Previously Held a Known Hazardous MaterialEnsure that the Contractor properly empties the drums or containers.

§107-10 MANAGING SURPLUS MATERIAL AND WASTE

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V. HAZARDOUS WASTEor toxic. The Federal

Hazardous Waste Management System is contained in 40 CFR Part 260/261 (See Exhibit A). The mostcommon examples encountered under Department contracts are lead based paints and to a lesserextent various pollutants remaining from industrial applications adjacent to the highway right of way.

The Department and the Contractor are considered co-generators of hazardous waste as a result ofcontract work. As the generator of hazardous waste, the Department has a cradle to graveresponsibility for the hazardous material.of waste material composition, which should be included in the contract documents to advise theContractor of the waste composition so that appropriate arrangements for disposal can be made.

Each location (each separate bridge) that generates hazardous waste must have a USEPA IDnumber. The Department has obtained USEPA ID numbers for all bridges constructed before 1980. Ifa specific structure needs a number, that application can be expedited as necessary.

A. Regulatory Compliance1. The Contractor's contract specific Hazardous Waste Control Plan (HWCP) should address:

Preparedness and Prevention PlanContingency PlanEmergency ProceduresEmployee Training

2. Each site should already have an US EPA Identification Number. If it does not, contact theConstruction Environmental Coordinator (CEC) for assistance.

B. Uniform Hazardous Waste ManifestThe Uniform Hazardous Waste Manifest (EPA Form 8700-22) is to be obtained and prepared by theContractor. (See Exhibit 107-10B.)

C. Emergency ContactOne of the requirements is an emergency contact phone number that is available 24/7 while theshipment is being transported. The Department currently uses a contract service to provide thisservice. The contact information is: Chem-Tel 1-800-255-3924. Chem-Tel can only be used for theemergency contact if they have been provided a copy of waste profile information, which identifies thematerial and from which appropriate the emergency response(s) can be determined. Standard wasteprofiles issued via EI that are inserted into contract proposals have been provided to Chem-Tel.

D. ShipmentOnce the Transfer, Storage and Disposal (TSD) Facility has received the hazardous waste, they willsend a signed copy of the Manifest acknowledging receipt of the hazardous waste to the RegionalConstruction Group. It will be sheet titled "Copy 5 - Generator - Mailed by TSD Facility".

The Regional Construction Group should receive a completed Manifest (Copy 5) within 15 days ofthe date of shipment. If not, the Regional Construction Group will contact the transporter and/or TheTSD Facility to determine the status of the shipment. If the Regional Construction Group does notreceive a completed Manifest (Copy 5) within 20 days of the date of shipment, the RCE will inform theOffice of Construction of this situation and will undertake efforts to locate the hazardous wasteshipment. The RCE will file an exception report with the NYSDEC including a photocopy of theManifest (Copy 8) and the results of the investigation to locate the shipment.

The Regional Construction Group should notify EPA Region II in writing upon the cessation ofhazardous waste activity at each site, citing the appropriate EPA Identification Number.

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E. Emergency Shipment to Alternate TSD FacilityIn the event of an emergency such that a shipment cannot be delivered to a designated TSD Facility, orthe facility will not accept the waste, the RCE may authorize shipment to an alternate TSD Facility. Thewaste transporter shall provide name, address, and telephone number of another TSD Facility that willaccept the waste material. The RCE will telephone the proposed alternate TSD Facility to verify thatthe material will be accepted. If verified, the authorization may be given orally and should be confirmedin writing for both the TSD Facility and the Waste Transporter. The Manifest must be revised to reflectthe change or a new one prepared and presented to the EIC.

The RCE must notify the Office of Construction of this situation. The RCE must notify NYSDEC ofthis by telephone (518-457-6858) and file an exception report with NYSDEC.

VI. SPECIAL ASSESSMENT FEEThe Department is subject to a Special Assessment on the generation, treatment, or disposal ofhazardous waste. Assessment fees are charged quarterly for sites generating more than one ton.

Form TP-550 Special Assessment on Generation, Treatment or Disposal of Hazardous Waste inNew York State is sent by the NYS Department of Taxation & Finance, on a quarterly basis, to namesprovided on a list prepared by NYSDEC. NYSDEC prepares this list using hazardous waste manifestssubmitted to them during the quarter. If the contract has been completed, and NYSDEC has beennotified, NYSDEC will no longer include the site in their list to the Department of Taxation & Finance.

Because the Manifests identify the Region as the Generator, the Regions will be the recipient of theTP-550 forms. An exemption from filing a return and paying the assessment is applicable when thetotal amount of all special assessments due for the calendar quarter does not exceed $27.

A. Completion of Special Assessment Form (TP-550)The Regional HazMat Coordinator will complete the bottom portion of the form upon receipt. The datehazardous waste was removed from the site will define the calendar quarter in which the waste wasgenerated. If nothing was done during the quarter, enter zeros.

If all hazardous waste has been removed from the site, or where no waste is being generated, enterthe words "INACTIVE - PLEASE REMOVE FROM MAILING LIST" across the form. NYSDEC willremove the site from their mailing list. For additional assistance, contact the Department of Taxationand Finance at (518) 485-0752.

B. Payment of the Special Assessment FeeTo facilitate payment of the Special Assessment Fee, the Regional HazMat Coordinator is responsibleto provide a list all sites by EPA ID number on a summary page. Link the payment due for each site tothe EPA number. Add the assessments and indicate the total due. Submit the original and one copy ofeach TP-550 form and two copies of the summary sheet to the Accounting Bureau, 50 Wolf Rd - Pod52, no later than one week after the end of the quarter.

Note: A 25% penalty is imposed for failure to file a return on time.Note: Accounting will provide R-11 with instructions for situations involving NYC structures.

C. Hazardous Waste Annual ReportsRegions are currently handling this responsibility in an ad hoc manner.

EXHIBITSA Sample Lead/Asbestos Paint Waste Composition Special NoteB Sample Uniform Hazardous Waste ManifestC Sample Form TP 550

Special Assessment on Generation, Treatment or Disposal of Hazardous Waste in New York State

June 2014 New York State Department of Transportation Exhibit 107-10A1Contract Administration Manual

June 2014 New York State Department of Transportation Exhibit 107-10A2Contract Administration Manual

June 2014 New York State Department of Transportation Exhibit 107-10BContract Administration Manual

June 2014 New York State Department of Transportation Exhibit 107-10CContract Administration Manual