Creosote
Creosote is the name for a variety of wood preservatives that come from the high temperature treatment of wood and coal tar. The use of creosote and creosote-containing products is illegal in New York State (NYS). Households and businesses that still have creosote or creosote-containing products must dispose of them properly.
Environmental Conservation Law, Article 27, Title 25: Phase-Out of Creosote
The NYS Phase-Out of Creosote Law (Article 27, Title 25) bans the manufacturing, sale and use of creosote and products containing creosote in NYS. Wood treated with creosote that was already in use on January 1, 2008, may continue to be used as designated. In NYS, creosote and any wood or other product treated with or containing creosote can only be disposed of in a landfill permitted by the Department of Environmental Conservation (DEC) to accept this waste or combusted in a municipal waste combustion facility permitted by DEC to combust this waste. Disposal or burning of creosote or any wood or other product treated with or containing creosote outside these permitted landfills and combustion facilities is prohibited.
Exemptions
The following entities and activities are exempt from Article 27, Title 25:
- Railroads,
- The operation and/or maintenance of railroad and railroad shipping facilities, including but not limited to the right of way, tracks, track sidings, team tracks and bridges,
- Electric corporations,
- The operation, use, or maintenance of any new or existing utility pole or facilities owned or used, in whole or in part, by a telephone corporation, utility company, or cable television company,
- The use of one or more utility poles by any person in connection with the suspension or support of power, communications, utility wires, lines or cables and related equipment, antennae, lighting, signals, electric or electronic devices or similar equipment or apparatus,
- Any public authority that owns and operates electric transmission or distribution lines, a municipally owned electric utility or a rural electric cooperative, and
- The operation, use, or maintenance of any new or existing utility pole or facilities owned or used, in whole or in part, by any such public authority, municipally owned electric utility or rural electric cooperative.
Management of Existing Creosote
Existing creosote or products containing creosote that were already in use on January 1, 2008, can remain in place at that location. In limited instances, as described in Article 27, Title 25, the creosote or products containing creosote can be reused for the same purpose. When the creosote or products containing creosote can no longer be reused, they must be managed and disposed of in accordance with Article 27, Title 25 and the Part 360 Series Solid Waste Management Facility regulations.
Beneficial Use of Creosote or Creosote-Containing Products
Beneficial use of creosote or creosote products is prohibited in NYS except as allowed in Article 27, Title 25.
Railroads or Utility Companies
If the railroads or utility companies maintain control or ownership of the materials, the wood treated with creosote can be repaired, reused or stockpiled for reuse. These items can also be sold or marketed to other exempt entities for reuse. However, the items must continue to be used for their intended purpose. For example, a railroad company can sell railroad ties to another railroad company for reuse as railroad ties, but, if the item is unable to be repaired or reused, it must be disposed of as waste in a permitted landfill or combustion facility.
Use of Creosote-Containing Wood Chips
Wood treated with creosote (such as railroad ties or utility poles) can be chipped into wood chips to be burned at a DEC-approved combustion facility. The creosote-containing wood can either be chipped on the property where the wood waste was generated or it can be sent to a Subpart 361-5 permitted Construction and Demolition Debris Handling and Recovery Facility (CDDHRF) for processing into wood chips. The wood chips from wood treated with creosote can be burned at a combustion facility permitted to burn this specific type of waste. The law prohibits utility poles from being chipped and used as mulch, bedding or firewood.
Reuse of Creosote-Containing Products
Railroad ties, utility poles, or materials that are treated with or otherwise contain creosote cannot be reused for other purposes such as landscaping or retaining walls, except as specifically provided for in Article 27, Title 25, for example by an exempt entity.
Removal of Existing Creosote-Containing Products
If an existing creosote-containing product was used as a wall or fence prior to January 1, 2008, it does not have to be removed. However, once removed, the waste generated from the removal must be disposed of at a permitted landfill or permitted combustion facility.
Disposal of Creosote-Containing Materials
While use of creosote and creosote-containing products is illegal in NYS, outside of the exemptions specified above, proper disposal is necessary for both households and businesses. There are different options for disposal depending on the source of creosote waste.
Household Waste
Household waste containing creosote or creosote-containing products can be combusted in a combustion facility permitted to burn the specific type of creosote waste or disposed of as C&D debris in a permitted Part 360 municipal solid waste (MSW) or construction and demolition (C&D) debris landfill. Liquid products containing creosote (i.e., paints, coatings) can be brought to Household Hazardous Waste collection events or facilities. Wood treated with creosote must not be burned in fireplaces, stoves, outdoor wood-fired boilers or open fires.
Construction and Demolition Debris
Wood debris treated with creosote that is generated during construction or demolition activities can be disposed of as C&D debris in a permitted solid waste landfill that accepts C&D debris or burned in a combustion facility permitted to burn the specific type of creosote waste. Wood treated with creosote is considered adulterated and therefore cannot be disposed of in a land clearing debris landfill.
Commercial Waste
Solid waste containing creosote or creosote-containing products generated by commercial entities, such as landscaping and lumber yards, can be disposed of as MSW in a permitted MSW or C&D debris landfill or burned as MSW in a combustion facility permitted to burn the specific type of creosote waste.
DMM, Bureau of Solid Waste Management
625 Broadway
Albany, NY 12233