Department Store Load Rejected at the Landfill
A contractor removes 1,200 square feet of vinyl asbestos floor tile and mastic from a closed department store. The waste is placed in 40 clear plastic bags, some double-bagged, and loaded into an open-top roll-off along with construction debris. One bag is torn and visible dust is present. The driver plans to take the load to a landfill that accepts municipal solid waste and says the landfill's permit covers 'construction and demolition debris.' The contractor has a waste shipment record listing that landfill but no written approval from the landfill. The landfill scale operator calls the contractor and asks whether to accept the load. The project is in Indiana, the contractor is licensed, and the store owner has already paid for disposal. The load is sitting on the scale with traffic backed up.
1. May the load be transported and disposed of as described? Address packaging, labeling, and the torn bag.
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No. Asbestos waste must be wetted, packaged in leak-tight containers, and labeled with the required asbestos warning. Clear plastic bags are not acceptable unless they are the heavy-duty, leak-tight type and are properly labeled; the torn bag is a release and must be repaired or overpacked before transport. The open-top roll-off with construction debris is also a problem because the bags can be punctured and the load is not secured. The contractor should stop, isolate the torn bag, wet it, place it in a leak-tight container, and clean up any spilled dust with HEPA vacuuming and wet methods. The roll-off should not leave the site until all asbestos waste is properly bagged, labeled, and separated from ordinary debris. The driver should not take the load to a landfill that has not agreed in writing to accept asbestos waste.
2. What must the contractor and landfill do before the waste shipment record is complete?
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The contractor must confirm that the receiving landfill is authorized to accept asbestos waste. A landfill that accepts municipal solid waste or construction and demolition debris is not automatically approved for asbestos; the contractor needs written acceptance from the landfill before shipment. The waste shipment record should identify the generator, the contractor, the quantity and type of asbestos waste, and the destination. The landfill must sign and return the record or otherwise acknowledge receipt. If the landfill cannot accept the load, the contractor must arrange for a permitted asbestos disposal site and must not dump the material as ordinary debris. The torn bag must be overpacked and the load re-secured. The landfill operator should reject the load as presented because it is unlabeled, torn, and mixed with construction debris. The contractor remains responsible for the waste until it is properly received.
3. If the landfill rejects the load, what should the contractor do with it in the short term?
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The contractor should return the load to a controlled staging area at the job site or another approved location, not to an unapproved landfill and not to a public dumpster. The torn bag should be overpacked, the load should be covered or enclosed, and access should be restricted. The contractor should contact IDEM or the approved disposal facility for guidance if the waste cannot be delivered promptly. The waste shipment record should be updated or replaced so it reflects the actual destination. The contractor should also document the rejection, the condition of the load, and the corrective actions. Leaving the roll-off on the scale or driving it around while unresolved is not acceptable because it increases the chance of spills and public exposure. The generator and contractor should review the disposal plan before the next load to avoid repeating the same mistake.