Dump, burn pit or debris pile on the subject property

The site visit finds a dump, a burn pit, burn pile or burn barrel, or a pile of debris on the subject property. The standard makes solid waste a thing to look for and does not say what class it makes. Whether there is a recognized environmental condition (REC) depends on four things: what the waste is, whether anything has been released from it, how and when it came to be there, and how much of it lies out of sight.

What the answer turns on

A REC is hazardous substances or petroleum products present at the subject property because of a release, likely present owing to a release or a likely one, or present where conditions make a future release a material threat (E1527-21, 3.2.73). The standard's appendixes are nonmandatory.

What the waste is. A REC needs hazardous substances or petroleum products; the body of the standard does not say whether trash, debris or ash contains either (E1527-21, 3.2.73). Its construction debris and demolition debris are building materials such as concrete, brick and asphalt, thrown out when something is built or torn down (E1527-21, 3.2.14, 3.2.21). The appendix on non-scope issues notes that asbestos-containing materials are excluded from the federal statute while part of a standing building, and may lose that exclusion once the building is demolished and they are buried in soil (E1527-21, X6, introduction). Establish what can be seen: household trash, building debris, containers, burned residue.
Whether anything has been released. Release has the federal cleanup statute's meaning (E1527-21, 3.2.75). The National Contingency Plan (40 CFR part 300) prints that definition, which takes in "dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles containing any hazardous substance or pollutant or contaminant)" (40 CFR 300.5). The act of dumping is in the definition; what was dumped decides whether a hazardous substance or petroleum product was released. Odors, pools of liquid that are likely hazardous substances or petroleum products, stained soil and stressed vegetation are site visit features (E1527-21, 9.4.13, 9.4.14, 9.4.23, 9.4.24). A release that is found is weighed against the de minimis definition (E1527-21, 3.2.20): see staining on pavement or soil.
How and when it came to be there. The environmental professional considers what releases past uses could have led to (E1527-21, 8.3.1). A road or path with no apparent outlet has its use identified, to judge whether it was likely an avenue for disposal (E1527-21, 9.2.2). At an abandoned property with evidence of unauthorized use or uncontrolled access, owners or occupants of adjoining or nearby properties are interviewed (E1527-21, 10.5.5). Establish who dumped or burned, what, and over which years.
How much lies out of sight. The site visit item for solid waste covers ground that looks artificially graded or filled with fill of unknown origin, and mounds or depressions, each where it suggests trash, debris or other solid waste disposal (E1527-21, 9.4.25). The site visit need not identify what cannot be observed, and the practice includes no sampling (E1527-21, 7.4, 9.2.4.1). See fill of unknown origin.

The records that bear on it

Historical sources. Aerial photographs and historical topographic maps are reviewed where the professional judges them applicable, likely to be useful and reasonably ascertainable (E1527-21, 8.3.8).
Government records. The standard's landfill is a place used to dispose of solid wastes as state rules define them, a term it says is also known as a garbage dump or trash dump (E1527-21, 3.2.46, 3.2.81). Landfill and solid waste disposal site lists are a standard source, with a required minimum search of half a mile (landfills and solid waste; E1527-21, 8.2.2, Table 2).
Interviews and documents. Interview questions shall try to cover the solid waste item, past and present (E1527-21, 10.2). The owner, key site manager and user are asked for solid waste disposal permits and for reports of any cleanup, self-directed or not (E1527-21, 10.8.1).

What the federal rule says

Among what the inquiry must seek to identify, the inquiry rule (40 CFR part 312) lists

Waste management and disposal activities that could have caused releases or threatened releases of hazardous substances;

40 CFR 312.20(e)(1)(iii), edition revised as of July 1, 2025

The federal criteria for solid waste disposal (40 CFR part 257) cover solid waste disposal facilities and practices, with listed exceptions that include hazardous waste disposal facilities regulated under subtitle C and municipal solid waste landfill units (40 CFR 257.1(c)). They define the term:

Open dump means a facility for the disposal of solid waste which does not comply with this part.

40 CFR 257.2, edition revised as of July 1, 2025

Practices that fail the criteria "constitute open dumping, which is prohibited under section 4005 of the Act", the Resource Conservation and Recovery Act (40 CFR 257.1(a)(2)). One criterion bars open burning of solid waste from homes, businesses, institutions and industry; it does not reach the infrequent burning of farm wastes in the field, forestry wastes burned for forest management, land-clearing debris, diseased trees, emergency clean-up debris and ordnance (40 CFR 257.3-7(a)). These criteria classify nothing under the standard.

How it is written up

The solid waste item is described in the report, found or not (E1527-21, 9.4, 9.4.25). It becomes a finding when the professional judges it may indicate presence or likely presence at the subject property, and the opinion reasons for or against calling it a REC (E1527-21, 12.5, 12.6).

Where the professional concludes hazardous substances or petroleum products were released, or likely were, and are present or likely present, the opinion gives the grounds: what the waste is, what was observed around it, how and when it came there, what may lie buried. Unless judged a de minimis condition or a historical REC, the REC is listed in the Conclusions, and the professional should give an opinion on additional investigation, if any (E1527-21, 3.2.20, 3.2.39, 12.7, 12.8).

Where the professional concludes otherwise, the opinion gives its reasoning on the same four facts (E1527-21, 12.6). Whether the dumping or burning broke the waste rules is regulatory compliance, outside the standard's scope unless the user adds it (E1527-21, 13.1.2, 13.1.5.14).

Part of the subject property, under snow or standing water, may be what the site visit could not observe. Required information that good faith efforts could not obtain is a data gap, significant if it affects the ability to identify a REC: named in the Findings with the sources consulted, discussed in the Opinions and listed in the Conclusions (E1527-21, 3.2.19, 3.2.78, 12.5.1, 12.6.2, 12.7).

This page is general reference for environmental professionals. It does not classify any property. ASTM E1527-21 is the standard and is not reproduced here; the judgment of the environmental professional on the facts governs.