THE aGS Practitioners Guide Bridget Plimmer Associate Senior Hydrogeologist Golder Associates UK Ltd This excludes unexcavated contaminated soil 2 What is Waste Legal definition ID: 1028093
Download Presentation The PPT/PDF document "Waste Classification for Soils" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
1. Waste Classification for SoilsTHE aGS Practitioners’ GuideBridget PlimmerAssociate, Senior HydrogeologistGolder Associates (UK) Ltd.
2. This excludes“unexcavated contaminated soil”.2What is Waste ?Legal definition:“Any substance or object which the holder discards or intends or is required to discard”(Waste Framework Directive 2008/98/EC) Excavation spoil ceases to be waste if used in accordance with the CL:AIRE DoWCoP(c) Golder Associates (UK) Ltd. 2020This includes excavation spoilunless it’s “uncontaminated soil and other naturally occurring material excavated in the course of construction activities where it is certain that the material will be used for the purposes of construction in its natural state on the site from which it was excavated”
3. 3European List Of WastesDecision Number 2014/955/EUAll wastes are defined as either hazardous or non-hazardous using a six digit code. For example:17-05-03* Soil (including excavated soil from contaminated sites) and stones containing hazardous substances; or 17-05-04 Soil (including excavated soil from contaminated sites) and stones other than those mentioned in 17-05-03. (c) Golder Associates (UK) Ltd. 2020
4. 4What Makes a Waste Hazardous ?When it possesses one or more of the defined hazardous propertiesHP1 ExplosiveHP2 OxidisingHP3 FlammableHP4 IrritantHP5 Specific Target Organ ToxicityHP6 Acute ToxicityHP7 CarcinogenicHP8 CorrosiveHP9 InfectiousHP10 Toxic for ReproductionHP11 MutagenicHP12 Produces Toxic GasesHP13 SensitisingHP14 EcotoxicHP15 Hazardous property not directly displayed in the original wastePersistent Organic Pollutants (POPs)(c) Golder Associates (UK) Ltd. 2020
5. 5Waste ClassificationThere is legislation and guidance describing the process for determining if the waste possesses hazardous properties:Safety Data Sheets orDirect testing orChemical analysis…for all types of waste(c) Golder Associates (UK) Ltd. 2020
6. 6Waste ClassificationIdentify the appropriate hazard statement code(s)Compare the total concentration of the compound in the waste with the relevant hazardous threshold(s)If any of the thresholds are exceeded, the waste soil will be classified as hazardous.At its simplest, for each chemical in the waste :(c) Golder Associates (UK) Ltd. 2020
7. 7Waste ClassificationThere is legislation and guidance describing the process for determining if the waste possesses hazardous properties:Safety Data Sheets orDirect testing orChemical analysis…for all types of waste(c) Golder Associates (UK) Ltd. 2020
8. There are non-natural constituents in the soilThe process is complexTimescales can be very short, and classification is often an afterthoughtContaminated soil doesn’t usually come with a Safety Data Sheet…We don’t routinely carry out direct testing on soilsWhat should I test for?8But…UNLIKE MANY OTHER WASTES, SOILS ARE VARIABLE AND OF UNKNOWN COMPOSITION (c) Golder Associates (UK) Ltd. 2020
9. There are non-natural constituents in the soilThe process is complexTimescales can be very short, and classification is often an afterthoughtContaminated soil doesn’t usually come with a Safety Data Sheet…We don’t routinely carry out direct testing on soilsWhat should I test for?Hazard codes aren’t always easy to find9But…Metals analysis usually only tells you the metal (e.g. zinc)Waste oils are almost always classified as hazardous. Are soils contaminated with oils hazardous too?Some hazard statements have additive thresholds, and the assessment of ecotoxicity is more complex.Testing of a soil containing cement or concrete could give a high pH, suggesting the waste is hazardousWhat about asbestos?How many samples should I take ?What if some samples are hazardous and some are not ?UNLIKE MANY OTHER WASTES, SOILS ARE VARIABLE AND OF UNKNOWN COMPOSITION What about POPs?Flammability, explosivity and oxidisability have no threshold values(c) Golder Associates (UK) Ltd. 2020
10. 10Waste ClassificationAGS Supplementary Guidancespecific to waste soilsnot intended to replace WM3not perfect !(c) Golder Associates (UK) Ltd. 2020
11. 11What Should I Test For ?Soil from contaminated sites (or even uncontaminated ones) could contain anything.Be guided by your desk studyRemember what the analysis is forTypical soils analysis includes metals, TPHCWG, PAHs,VOCs and SVOCs + … + … +.Total concentrationSample preparation methodCrVITPH?(c) Golder Associates (UK) Ltd. 2020Classification will usually be based on chemical analysis.
12. 12Hazard Statement Codes Aren’t Always Easy to FindHazard Statement Codes can be sourced from references defined in Technical Guidance WM3(c) Golder Associates (UK) Ltd. 2020European Regulation 1272/2008 on Classification, Labelling and Packaging of Substances and Mixtures (the CLP)
13. 13Hazard Statement Codes Aren’t Always Easy to FindNot all substances and codes are in the CLPOther data sources should be used in the defined order of preferenceMSDS have to be REACH-compliant (i.e. US ones don’t always count)You may need to use different data sources for different hazardous propertiesConsider the exposure routeThe CLP isn’t complete(c) Golder Associates (UK) Ltd. 2020
14. 14What About Additive Thresholds? And Ecotoxicity?Some thresholds are applied for each compound (e.g. carcinogenicity)Others are exceeded if the sum of all compounds with that HP exceeds the threshold (e.g. toxicity)The assessment of ecotoxicity (HP14) includes a series of equations and cut-off values(c) Golder Associates (UK) Ltd. 2020
15. 15MetalsClassification is carried out on the basis of compounds (e.g. zinc chromate), but standard site investigation lab results return the total concentration of the metal ion (e.g. zinc) Consider site history – what is likely to be presentLook at the potential ‘worst case’Use the most hazardous optionThink about the chemistry (solubility, ion balance, pH, Redox conditions etc.)Check appendices in AGS GuidanceTest directly (e.g. XRF)(c) Golder Associates (UK) Ltd. 2020
16. 16Oils In SoilsWith a few specific exceptions, waste oils are classified as hazardous If there is a small amount of oil contaminating your soil (typically <1,000 mg/kg) it isn’t hazardousYou can still classify the soil even if you don’t know what the oil is (but it helps)TPH concentration (C6-C40) is usedCoal Tar is assessed separatelyTPHCWG banding is insufficient to assess the oil as dieselMarker compounds may be used – some oils and with conditions !Described in detail in Technical Guidance WM3(c) Golder Associates (UK) Ltd. 2020
17. 17AsbestosBoth identifiable pieces of asbestos containing material (ACM) and free and dispersed fibres are considered.Where the waste soil contains identifiable pieces of ACM it should be classified as a mixed wasteAsbestos has a threshold but don’t forget even if the waste soil is non-hazardous because of the asbestos in it, the asbestos itselfmay be an issue.(c) Golder Associates (UK) Ltd. 2020Described with an example in Technical Guidance WM3
18. 18FlammabilityThere is no threshold value for flammability, explosivity and oxidisability(c) Golder Associates (UK) Ltd. 2020TPH above laboratory detection limits means the waste soil could be classified as hazardous.Professional judgment should be used to decide whether the waste soil, as a whole, is likely to be flammable, oxidising or explosive.Waste soils are typically not flammable, explosive or oxidising at concentrations below those that would mean the waste is hazardous under other HPs
19. 19Concrete and High pHYou couldseparate manually before testing (a mixed waste)ask for a repeat test on the sample ‘as-received’ (not crushed) consider the acid/alkali reserve as described in Technical Guidance WM3(c) Golder Associates (UK) Ltd. 2020Waste concrete from construction and demolition which doesn’t contain hazardous substances isnon-hazardous(LoW code 17-01-01)It is relatively common that a waste soil containing fragments of cement or concrete has a reported pH exceeding the limit of 11.5 following crushing and laboratory testing
20. 20Persistent Organic Pollutants (POPs)EitherAnalyse for POPs in your waste and assess against the defined concentration limitsOrExplain why you have decided that POPs are unlikely to be present in the waste soil at concentrations sufficient to warrant consideration listed in the WFD and in Technical Guidance WM3(c) Golder Associates (UK) Ltd. 2020
21. 21How Many Samples Should I Take and Test ?Generally the closer to the threshold the concentrations are, the more samples you need to have taken for statistical confidence.In practice, you may only have a few samples which were taken for other purposes.The number of samples you have to take depends on the results…(c) Golder Associates (UK) Ltd. 2020Suggest using the number of samples given in Environment Agency guidance Waste Sampling and Testing for Disposal to Landfill as a first pass
22. 22How Many Samples Should I Have Taken and Tested ?The number of samples required = 4.4 x (s/d)2Where s = the user’s estimate of the standard deviation (mg/kg)and d = the precision required (mg/kg).The AGS Guidance gives a worked example.(c) Golder Associates (UK) Ltd. 2020It is an iterative process, and your client may need to be encouraged to understand this !Following sampling and analysis, the number of samples required for a statistically valid conclusion may be calculated for each substance.
23. 23What if Some Are Hazardous and Some are Non-Hazardous?Statistical assessment can be usedA and B are non-hazardousE and F are hazardousThe results for C and D are inconclusive.(note statistical analysis would have been unnecessary for wastes A and F, assuming a sufficient number of samples were taken)Each sample is classified, but what about the waste as a whole ?(c) Golder Associates (UK) Ltd. 2020
24. (c) Golder Associates (UK) Ltd. 202024An Alternative to Statistical AnalysisTechnical Guidance WM3 also states that, as an alternative, the waste may be considered hazardous ifany individual sample has exceeded the threshold for that hazardous property, or if such a sample could reasonably be taken by another party, for example the regulatorThe AGS Guidance suggests that the statistical approach should take precedence, assuming a single waste population and a sufficient number of samplesA landfill operator is not obliged to take a waste load
25. 25Non-Natural ConstituentsWhat if the waste soil containsAsbestosPieces of woodPieces of plasticChunks of brick and concreteWireTarmacPlasterboard….. etc ?Use a separate six digit waste code ?Allowable quantities ?Specific guidance ?Mixed waste ?Testing and analysis ?Segregation ?(c) Golder Associates (UK) Ltd. 2020
26. (c) Golder Associates (UK) Ltd. 202026Specific Considerations for Waste SoilsInvestigation and sampling should concentrate on the material that is likely to become wasteClassification is based on the presence of contaminants not the availability of contaminants (unlike a risk assessment)Classification is based on the properties of the bulk material (may require a correction for moisture content)Analysis of the whole sample (not just the fines) is usually appropriateWhat is different from a typical site investigation?
27. 27Waste Acceptance CriteriaCouncil Decision 2003/33/EC But can’t I just use WAC testing to classify the waste ?(c) Golder Associates (UK) Ltd. 2020
28. 28Waste Acceptance CriteriaCouncil Decision 2003/33/EC But can’t I just use WAC testing to classify the waste ?NOWaste Acceptance Criteria(including numerical limits)are used to decide if a waste is suitable for a particular type of landfillAFTERit has been classified.The tests are different(c) Golder Associates (UK) Ltd. 2020
29. 29WAC not applicableIs the waste defined as hazardous ?May be accepted at landfill for inert wasteHazardous WAC applyCan be accepted at landfill for hazardous wasteCan not be accepted at landfill for hazardous waste. Other options required, such as treatment.May be accepted at landfill for non-hazardous wasteFails Inert WAC ?Meets Inert WAC ?YesNoYesNoMetFailedIs the waste to be disposed of to landfill ?Inert WAC testing not carried out ?(c) Golder Associates (UK) Ltd. 2020
30. 30‘Inert’ WasteDefined in the Landfill DirectiveCouncil Decision 2003/33/EC gives a list of wastes that are acceptable at a landfill for inert waste without testing(e.g. soil and stones if not topsoil or from a contaminated site).Does the soil need to be tested?(c) Golder Associates (UK) Ltd. 2020The AGS Guidance suggests that testing may not be required if you have enough information to argue that soil has not been impacted by contamination, but sampling and testing would give additional confidence (and you will probably be doing it anyway)Council Decision 2003/33/EC defines tests to determine whether the material can be accepted at a landfill for inert wasteNot the same as classification
31. 31Low Rate Landfill TaxThe Order (and associated Guidance) clearly sets out what materials qualify for low rate landfill tax.Landfill Tax (qualifying Materials) Order 2011(c) Golder Associates (UK) Ltd. 2020Concrete 17-01-01(lower rate)Wood 17-02-01(standard rate)Soil and stones containing hazardous substances 17-05-03(standard rate)Naturally occurring sub-soil and crushed stone 17-05-04(lower rate)Bricks 17-01-02(lower rate)Soils 17-05-04(standard rate unless the description can be improved)Not the same as classification
32. 32Illegal Waste Practicesresulting in prosecution, fines, rejected wastes, reputational damage, increased costs??.Waste should be correctly classified – you should not be ‘conservative‘ in your assessment and classify the waste as hazardous if you have evidence to suggest that it is not..Mixing hazardous waste with non-hazardous waste to reduce its concentration is illegal.You cannot classify waste as hazardous or non-hazardous based on look, smell, gut feeling, WAC tests, what it was at the last site you were on .‘Inert’ is not really a waste type(c) Golder Associates (UK) Ltd. 2020
33. There are non-natural constituents in the soilThe process is complexTimescales can be very short, and classification is often an afterthoughtContaminated soil doesn’t usually come with a Safety Data Sheet…We don’t routinely carry out direct testing on soilsWhat should I test for?Hazard codes aren’t always easy to find33But…Metals analysis usually only tells you the metal (e.g. zinc)Waste oils are almost always classified as hazardous. Are soils contaminated with oils hazardous too?Some hazard statements have additive thresholds, and the assessment of ecotoxicity is more complex.Testing of a soil containing cement or concrete could give a high pH, suggesting the waste is hazardousWhat about asbestos?How many samples should I take ?What if some samples are hazardous and some are not ?UNLIKE MANY OTHER WASTES, SOILS ARE VARIABLE AND OF UNKNOWN COMPOSITION What about POPs?Flammability, explosivity and oxidisability have no threshold values(c) Golder Associates (UK) Ltd. 2020Tools, guidance and specialist consultants are available to help
34. Thank You(c) Golder Associates (UK) Ltd. 2020