The NJDEP launched new requirements for the sampling and analysis of concrete on Department-regulated sites prior to recycling, as most in the regulated community now know. The purpose is to prevent contaminants from entering the recycling process and being sold in the marketplace in recycled concrete products. What does this mean for planning your job site?   First of all, the requirements only apply to sites under DEP oversight, i.e., those with a case number and case manager.  Since this includes projects under MOA’s, ISRA, BUST, ACO’s, the Spill Act and a number of other programs, most projects that AWT, other remedial contractors and consulting firms handle will be subject to these requirements.  Essentially, the requirement states that you must sample and analyze concrete before it enters a recycling or beneficial reuse process.   But, where and how to sample, what to analyze for and how to ensure compliance are the real issues, as well as impact on cost and scheduling.   

In-Situ vs. Post-Demolition Sampling.  While the DEP states a preference for in-situ sampling, post-demolition sampling is allowed.  In-situ sampling has several real world advantages as well.  Since the DEP requires separate sampling of differential areas (i.e., AOC’s) of the structure(s) being demolished, you would have to keep them separate throughout the demolition.  This is easier to keep track of if analyzed before the job.  Further, since the cost for disposal can greatly impact budget, it may help to have knowledge up front as to which areas can be recycled and which can not.  Having the analysis beforehand could also avoid extended stockpiling or containerization of the rubble. 

Discrete and Biased Sampling. Throughout the guidance, the DEP emphasizes their requirement for discrete vs. composite sampling.  Although the Department does not allow certified clean letters for recycled concrete aggregate (RCA), they are still using the Residential Direct Contact Soil Cleanup Criteria (RDCSCC) and the standard.  The DEP does not want composite in-situ sampling of the concrete, likely to avoid dilution of contaminants.  Also, since concrete contamination generally favors the surface, chip or core samples must be no deeper than one inch.  In addition, samples are to be biased toward areas of staining or suspected contamination.

Analytical Parameters 

 Based on “buzz” around the industry, there is a bit of confusion as to what analyses to actually run on the concrete.  The document addresses this, but some judgment is still necessary.  All sites require a) PCB’s and PAH’s to be analyzed.  Site specific considerations may also lead to b) TCLP, TAL/TCL+30, TPH, c) Dioxins/Furans and d) Radionuclides.  Sections a, b and c all begin with the words “If known or suspected at industrial, mining or other sites, or as directed by the Department’s Case Manager . . .”   Keep in mind that the TCLP test is done on a leachate and determines a hazardous waste, rather than cleanup criteria.  Also, TPH is not specifically on the SCC either, and the concrete guidance does not state a standard.  The frequency of analysis is more clear on the site.  It starts with one sample per every 100 yd3, but becomes less frequent as volume increases.

 Self-Certification & Case Managers

 The Department made provisions for Self-Certification, allowing owners/generators to follow this guidance and complete a signed and notarized form documenting compliance.  However, as it states above, the Case Manager has the right to require specific tests to be run at the laboratory.  Also, under the Sampling Areas section, the DEP states that the “case manager may be consulted” for the decision on sampling locations.  In essence, not involving the case manager means moving forward at risk.  You must be certain that you collected enough samples, sampled in the right locations, used all the proper methodologies and analyzed for the correct parameters.

 Summary & Advice

 Consider Landfilling.  The simplest way to avoid all of this would be to manage your concrete as a solid waste and dispose of it at a licensed landfill.  This would increase cost for disposal.  For example, the additional cost to landfill one 15-ton load of concrete would be about $1,000.00, using very round numbers.  The larger the volume, the more attractive recycling becomes, making the compliance effort more worthwhile.  However, for smaller jobs, landfill may be cheaper overall.  Also very important to consider is the fact that sampling does not mean passing.  The results are compared to the DEP’s most stringent standards, so you could spend money on the testing with the intent of saving money by recycling, yet have some samples fail and end up with both landfill and the laboratory costs.  Also, the landfill option would eliminate the need for pre-demolition characterization. 

 Involve the Case Manager.  Given the risks associated with non-compliance, it may be advisable for consultants and owners to seek the guidance of the DEP case manager.  Since the requirement only applies to DEP Oversight projects, all of them have case managers.  Another thing everyone knows, however, is how overtaxed and difficult to reach these case managers can be at times.  The Department instituted the Self-Certification provisions with this in mind, but the risk-reward scenario is another balancing act.  If he or she helped determine the sampling locations and parameters, there is less concern that you will have a problem later.

 Document Everything.  Since this is a hot-button issue and one that still contains some uncertainties, the best advice is to document everything.  Keep detailed notes on each AOC, with locations and measurements, justification for biased sampling, decision path for parameters tested, case manager communications, sampling methods, etc.  Pictures may even be a good idea.  At the end of the job, your best bet is to be able to justify and explain who, what, where, why and when for everything.

 Please note that this discussion is meant to look at the issue from a variety of viewpoints and help consultants deal with it for RFPs, bids, budgeting and scheduling.  By no means is it intended to be a regulatory manual or to replace the reading of the actual provisions or seek direct advice from the NJDEP.  The guidance can be found on the NJDEP Site Remediation Program’s website at http://www.nj.gov/dep/dshw/resource/techman.htm#concrete.