KDHE has proposed a new solid waste regulation that defines uncontaminated soil and states how the determination will be made that soil with very low levels of contamination can be considered clean rubble.

Uncontaminated soil is a type of clean rubble under Kansas law, and clean rubble is a subset of construction and demolition waste, so by statutory definition, this regulation will apply only to soil that is moved, or generated, as a result of the construction, remodeling, repair, and demolition of structures, roads, sidewalks, and utilities. In addition, this regulation does not apply to soils generated at a site that is under state or federal oversight for investigation or cleanup of contamination.

If there is no reason to believe that the soil contains any contamination, it is considered clean rubble, and the generator of the soil does not need to contact the department.

The proposed regulation outlines the steps to be taken if the soil contains one or more contaminants.

KDHE contends that the proposed new definition will result in a cost savings to generators of soils with very low levels of contamination. The exact cost savings will depend on the volume of soil and the disposal cost in a permitted municipal solid waste landfill. Avoided landfill costs would typically range from $20 to $40 per ton.

INFO: Contact Christine Mennicke at 785-296-0724.