Background
Traditionally, Construction and Demolition (C&D) debris was loaded into trucks and taken to the municipal waste landfill. Over the past 20 years, green initiatives to lower the environmental impact and to increase sustainability and resiliency have diverted C&D debris from the fast-filling municipal waste landfills to C&D landfills. Even more recently, enterprising businesspersons have begun removing recyclable materials from the C&D wastestream, and then processing the materials prior to sale to a secondary market.
Current Regulations
Ohio codified C&D debris disposal rules in 1996 (OAC 3745-400). These rules include requirements for licensing, disposal methods, siting restrictions, design and construction and closure and financial assurance. However, recycling of C&D debris is not covered by these rules.
The Problem
While most C&D recyclers operate their business in a responsible manner, some players have given the C&D recycling industry a bad name. Without regulation, C&D debris recycling has no standards, no consistency and no observed best management practices. Regulations will legitimize this industry and will provide entrepreneurs opportunities that have not been present in the past.
The Proposed Solution
The Ohio Legislature passed SB 2 in June 2017; this bill provides a framework to regulate C&D debris recycling facilities and operations. The first requirement is to be recognized, through a registration process, as a C&D debris “processor”. Upon registration, existing C&D debris processors will have a significant advantage over processors that decide to get in the game in the future. Governor Kasich signed this bill into Law on July 7, 2017, starting a clock that limits the time that existing C&D debris processors have to take advantage of their “grandfathered” status.
The Bowser Morner Advantage
Bowser Morner, Inc. has been working with the C&D industry in Ohio for the past 20 years, by representing them during development of regulations and by assisting numerous C&D landfill owners to navigate the requirements.
Our experience allows us to say with confidence that the new requirements for C&D debris recyclers will change the marketplace! We have been knee-deep in tracking the changes to SB-2, will be involved in the rule-making process, and are ready to help C&D debris recyclers shape the future of their operations in Ohio. We understand the ins and outs of this legislation. We can optimize the benefits and identify business expansion opportunities available to existing recyclers and we can help newcomers understand, plan and take advantage of this opportunity.