Transfer of ownership process and forms
Some materials that are of no further use to MnDOT may still be serviceable and of use for other parties. However, when MnDOT allows other parties to reuse materials that are regulated or that may become a regulated waste once the material is no longer serviceable, the department could be held responsible for mismanagement of the material by regulatory agencies or subject to legal challenges by third parties. To allow for reuse of materials that are in serviceable condition and to reduce the department’s liability associated with reuse of the material, a transfer of ownership form must be completed before the department releases the material for reuse.
The transfer of ownership form discloses information that alerts the prospective owner to regulations that may apply to use and/or disposal of the material. By signing the form, the new owner demonstrates that he/she has been informed of and understands the regulations associated with use and proper management of the material. While this process does not guarantee that the department will not be held responsible for mismanagement of the material by another party, it reduces the liability risk to an acceptable level.
Requirements for material reuse
In order to be acceptable for reuse, the material must be in serviceable condition and not a waste. The materials may be stored as surplus for later reuse and may be sold, offered in trade or given away, as long as the transfer of ownership form is completed and signed by a MnDOT representative and the new owner. A copy of the completed form should be kept at the truck station indefinitely.
Reuse is limited to using the material in a manner similar to the original intended purpose and within a similar setting. For example, treated wood may be reused as structural members such as in a retaining wall or as landscape border but may not be chipped for use as landscape wood chips or bedding material. Steel poles coated with lead base paint may be reused as structural members in an industrial setting but not used as a component in playground equipment.
Transfer of ownership forms are available for the various types of materials listed below and should only be used for those specific material types. Contact the Office of Environmental Services (OES) if there is not a form available for the type of material you wish to offer for reuse. OES personnel will develop a form specific to the material if it is determined that it is acceptable to transfer ownership of the material. Some regulated materials and/or proposed methods of reuse may not be approved by OES if the liability risk is determined to be unacceptable.