Is there any specific language anyone has found about contaminated waste? There are some clients who dispose of durable goods - laboratory refrigerators, other equipment - that cannot be recycled. Is it acceptable to include a "hazardous waste" clause in the plan and calculation? Or does it need to be within the 25% non recycled or diverted?
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Tristan Roberts
RepresentativeVermont House of Representatives
LEEDuser Expert
11478 thumbs up
August 29, 2010 - 11:16 pm
I'm not aware of any language allowing an exception here, although I could see a precedent based on NC MRc1.
Jason Franken
Sustainability ProfessionalLEEDuser Expert
608 thumbs up
August 30, 2010 - 10:50 am
I don't believe there are exceptions for materials that are deemed hazardous waste. The intent of the credit is to increase the diversion of materials from landfill - if a facility is unable to actually divert a qualifying amount of material because of the classification of the waste, it would just mean that the project would not be able to qualify for this particular credit.
Dan Ackerstein
PrincipalAckerstein Sustainability, LLC
LEEDuser Expert
819 thumbs up
August 30, 2010 - 12:45 pm
Jason makes a great point; EBOM does not articulate an exception of this type. I do think, on the other hand, that one could reasonably argue that hazardous waste represents a unique, highly regulated waste stream that is outside the scope of this credit, much in the way that asbestos-containing ceiling tiles might be in a construction waste situation. The intent of the credit might be further understood as to divert a qualifying amount of eligible material in that sense. I think it may come down to your individual situation, the relative amounts of waste involved, and how you present your argument. Jason's conclusion is definitely correct and the safe model around which to plan your point projections, but I would be tempted to make your case to the reviewer if you feel strongly.