The Mixed Load That Cannot Be Landfilled
A contractor removes 1,800 sq ft of friable ceiling tile and 400 linear feet of pipe insulation from a commercial building. The debris is bagged and placed in a roll-off container. The contractor also places ordinary construction debris, including wood, metal studs, and cardboard, in the same container to save a haul. The disposal site accepts asbestos waste but requires that asbestos waste be segregated and that the waste shipment record describe the contents. The transporter's driver signs the shipment record without inspecting the load. At the disposal site, the operator sees the mixed load and refuses it. The contractor argues that the asbestos is bagged, so the load is fine.
1. Evaluate the contractor's handling and segregation practices and the consequences of the refusal.
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The contractor's practice violates the segregation requirement. Asbestos waste must be kept separate from ordinary construction debris so that it can be identified, handled, and disposed of as asbestos waste. Bagging the asbestos is necessary but not sufficient; the bags must be in a container dedicated to asbestos waste, or otherwise segregated so that the load can be described accurately on the shipment record. Mixing the bags with wood, metal, and cardboard makes the entire load difficult to characterize and creates a risk that asbestos waste is diverted to an unauthorized disposal site.
The refusal has consequences. The load must be returned or re-segregated, and the contractor bears the cost. The transporter and disposal site may refuse future loads from this contractor. The agency may treat the mixed load as evidence of improper waste handling, and the shipment record, which the driver signed without inspection, is inaccurate. The contractor should have used a separate container for the asbestos waste, labeled it, and described it accurately on the shipment record. The driver's failure to inspect is also a problem; the transporter shares responsibility for the accuracy of the record.
2. Explain what the waste shipment record should have contained and how the contractor should correct the situation.
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The shipment record should identify the generator, the transporter, and the disposal site, and describe the waste as asbestos-containing material, including the amount and the form (bagged friable ceiling tile and pipe insulation). It should state the date shipped and be signed by the generator and the transporter. The disposal site should sign and return a copy confirming receipt.
The contractor should remove the asbestos bags from the mixed container, place them in a dedicated, labeled container, and prepare a corrected shipment record that accurately describes the asbestos waste. The ordinary debris can be handled separately as non-asbestos waste, but only if it has not been contaminated by the asbestos bags. If the bags are intact, the debris may be salvageable; if not, the entire load may need to be treated as asbestos waste.
The contractor should also document the correction, notify the disposal site, and keep the corrected record with the returned receipt. The original inaccurate record should be retained with a note explaining the correction, not discarded, because the agency may ask about the discrepancy.