Pre-Demolition Inspection Rule – “The Right Waste to the Right Place”
In 2008, the Pre-Demolition Inspection rule 7038.0805 by the Minnesota Pollution Control Agency (MPCA) was enacted to address the need to restrict prohibited materials generated by renovation and demolition projects from entering demolition landfills.
The rule applies to anyone engaging in the renovation, demolition or moving of a structure or portions of a structure. People are required to identify, document, remove and properly dispose of specified hazardous and non-hazardous materials prior to proceeding with the work. The rule applies to all buildings of any age where structural components are removed.
The rule is not just another regulation, but incorporates overlapping state and federal laws into one reference location. In doing so, regulations are easier to follow and establish an even playing field for everyone. Due to the overlapping regulations, violating one rule likely violates other rules.
The rule applies to the contactor and property owner. For example is an uninformed contractor who does not follow the rule could put the owner as well as themselves in a position to incur citations and expensive clean up costs. A contractor who requires the owner to abate or remove hazardous materials from the site prior to the work is acceptable. However, despite contractual language, without receiving documentation verifying the abatement or removal was actually completed, the contractor may incur liability if the work is not finished.
Ten days before conducting the work, complete and submit the MPCA “Intent to Perform Demolition” form found at: www.pca.state.mn.us/index.php/view-document.html?gid=2820. Two days prior to the work, all prohibited materials are to be removed. If asbestos is identified onsite, additional notification requirements may be required.
The following lists hazardous and non-hazardous materials for identification and removal prior to the commencing with demolition or renovation work.
Hazardous Materials
Asbestos
Damaged Lead-based Paint and Surfacing Materials
CFC (Chlorofluorocarbons)
HCFC (Hydochlorfluorocarbons)
PCBs (Poly-Chlorinated Biphenyls)
Household Hazardous Waste
Mercury
Radioactive Materials
Inspecting asbestos and lead-based paint must be performed by a MN Certified Asbestos Inspector and MN Licensed Lead Inspector and MN Licensed Risk Assessor, respectively. If asbestos inspection is not conducted and the building is demolished, the entire structural debris may be assumed to contain asbestos and required to be disposed accordingly (at a higher cost). Lead-based paint regulations require damaged lead-based paint be removed or stabilized prior to demolition.
Abating asbestos and lead-based paint must be performed by a MN Certified Asbestos Abatement Contractor and MN Certified Lead Abatement Contractor. OSHA, MDH and EPA citations can result when non-certified personal remove asbestos- containing building materials. Additionally, the property owner and contactor are subject to civil litigation by affected parties.
Non-Hazardous Prohibited Materials
Mixed Municipal Solid Waste – Garbage
Furniture
Appliances
Electronic Equipment
Yard Waste
Tanks
Oil and devices that contain oil
Motors/Engines
Exemptions from the rule
- Projects in which structural components are not removed
- Structures that are unsafe to enter
- Materials which could not be reasonably identified prior to starting the project (unforeseen conditions)
- Materials used during the course of the project such as lights, elevators, lifts and etc.
- Materials which are unable to be removed in a timely manner due to emergency maintenance response where damage to the structure would occur. An example is a pipe leaking within a wall where not correcting the problem promptly would result in additional damage to the structure.
The rule also encourages deconstruction, salvage and recycling building components. Often, recycling and salvaging offsets a portion of demolition/renovation costs for the contractor or the property owner.
Resources
Read the regulation at MN Revisor: https://www.revisor.mn.gov/rules/?id=7035.0805
Additional information is available at Ramsey County: http://www.co.ramsey.mn.us/ph/bs/pre-demolition_inspection.htm
Provided by: Todd Lewis, Indigo Environmental – (763) 533-0307, tlewis@indigoenvironmental.com.
Todd Lewis is President and Founder of Indigo Environmental has worked in the environmental industry since 1996. Mr. Lewis has conducted hundreds of reactive and proactive indoor air quality assessments, asbestos surveys, HVAC hygiene evaluations in commercial, educational, governmental and residential buildings. Mr. Lewis is experienced microbial abatement and HVAC cleaning project manager, abatement and specification writer. Mr. Lewis has presented on the topics of mold, lead, project management, HVAC hygiene evaluations in addition to developing seminars on indoor environmental health topics. Mr. Lewis is an experienced expert witness in mold claims for plaintive and defense attorneys.
Indigo Environmental provides Pre-Demolition Inspection services and is MN Certified Asbestos Inspector and MN Licensed Lead Inspector/Risk Assessor. Lean more about Indigo Environmental at www.indigoenvironmental.com or contacting Todd Lewis at 763-533-0307.
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