Hazardous Treated Wood Waste…What to Do?

As of April 2021, there are very few options for the disposal of hazardous treated wood waste in California. Furthermore, the limited options that do exist involve managing the treated wood waste as a fully regulated hazardous waste, which is procedurally more difficult and costly. For many generators, temporarily accumulating the treated wood waste is an available option that should be considered.

The state agency responsible for protecting California’s people and environment from toxic substances say they understand that “the change in status of treated wood waste and the sunset of the Alternative Management Standards has been disruptive and has caused frustration to many.”

“The DTSC (California Department of Toxic Substance Control) is aware of the urgency in resolving this problem and we are actively working on the variance application process.”

Used in fence posts, sill plates, landscape timbers, pilings, guard[1]rails and decking, treated wood must now be disposed of in class 1 hazardous waste landfills, following the expiration of a law authorizing less onerous waste management standards.

After December 31, 2020, all treated wood waste “that exhibits the hazardous waste characteristic of toxicity will be a fully regulated hazardous waste and will no longer be eligible for disposal in Class II or Class III landfills,” a fact sheet from the California Department of Toxic Substance Control says.

Fortunately, on February 16 the department started accepting requests for variances that allow the disposal of treated wood waste under the less onerous expired standards.

Depending on the manufacturing process and age, treated wood may contain a variety of toxic substances, including arsenic, chromium, copper, pentachlorophenol and creosote. In a 2019 report to the Legislature, however, the department notes that not all wood that is treated with a preservative is a potential hazardous waste.

CLCA Recommendations Include:

• For the time being, don’t panic – and keep an eye out for updates from CLCA on this important matter.

• Carefully review the California Department of Toxic Substance Control’s Treated Wood Waste fact sheet, paying particular attention to the section detailing how treated wood waste must be managed in accordance with full hazardous waste management standards.

• Ascertain the cost of obtaining a disposal variance and determine if a variance request is the best course of action for your company.

• Consider storing treated wood waste for 90 days in the hopes that a legislative solution is forthcoming.

BLOG UPDATE!

Treated Wood Waste Disposal Variances Issued

Good news for landscape contractors storing a growing pile of treated wood waste in their corporate yards. The Department of Toxic Substances Control has started to issue hazardous waste disposal variances for haulers, handlers and landfills for treated wood waste. There is a bit of lag time, it seems, from when the variance is approved and it makes these lists:

• TWW Handlers with DTSC Variance

• TWW Disposal Sites with DTSC Variance

• TWW Handler Transporters with DTSC Variance

For the latest information in this area, contact the Chatsworth Regional Office of DTSC at (818) 717-6500. They are located at 9211 Oakdale Ave., Chatsworth, CA 91311-6505

This blog post was excerpted from a press release by CLCA.

Bronwyn Miller