Fill and excess soil: Compliance for construction, redevelopment and remediation sites
Are You Prepared? The issue of how to handle non-hazardous, contaminated fill, or soil/"clean" soil generated from construction, redevelopment, remediation, or other activities on sites varies greatly depending on the volume of fill, the type and level of contaminants, the source site, proposed reuse locations, and the jurisdiction. Some jurisdictions have multiple regulatory requirements and enforcement procedures, some have best management practices, and some situations are not specifically covered. The result can be a confusing situation fraught with potential misinterpretation and liabilities if the fill material is not handled appropriately or proper soil management plans are developed without required approvals.
Typically soils are classified and/or categorized based on a comparison to a set of regulatory standards or guidelines and the land use at the source site and/or receiving site. Many jurisdictions have incorporated "similar soil" type principles which require that the soil to be placed at a receiving site should be of equal or better quality than the soil that is present at the site. Some jurisdictions have established formal tracking systems for excess soils, including application, notification, and/or documentation/reporting requirements for tracking soil movement between sites.
With our extensive experience in multiple jurisdictions, GHD can advise clients of the available options and how to best go about selecting and implementing the preferred option(s). Some examples of the widely varying regulations and practices are provided below.
Massachusetts
The Massachusetts Contingency Plan (MCP) and Similar Soils Provision Guidance are intended to prevent the degradation of sites by ensuring that the relocated soil does not increase the risk at the receiving site. Certain soils at MCP sites may also be considered remediation waste and "gap" soils are soils that are not similar soils or remediation waste (i.e., generally but not specifically regulated). In some situations, Beneficial Use Determinations can be obtained for situations where soil reuse can be justified as being an acceptable risk. For MCP sites, Licensed Site Professionals (LSPs) should adequately document soil quality information that was used to support the reuse determination and the soil movement activities. Recently, the Massachusetts Department of Environmental Protection released a draft Interim Policy on the Re-Use of Soil for Large Reclamation Projects for the reclamation of quarries, sand pits, and gravel pits using more than 100,000 cubic yards of soil.
New Jersey
Waste soils are sampled and the results are compared to the New Jersey Department of Environmental Protection (NJDEP) standards to determine if the waste is ID 27 or is clean. ID2 7 waste may be reused off site for a variety of purposes, including, but not limited to, temporary landfill cover. The redevelopment of a contaminated property being remediated under NJDEP or Licensed Site Remediation Professional (LSRP) oversight allows the reuse of contaminated soil at other areas of the property so long as certain conditions are met. Further, contaminated soil encountered during linear construction projects (construction or repair of transportation or utility infrastructure) may generally be reused in accordance with a materials management plan. Finally, dredge spoils may be placed at a construction site so long as the NJDEP issues an Acceptable Use Determination.
New York
Soil that does not meet the unrestricted soil cleanup objectives is considered to be solid waste and is subject to regulated disposal. A site-specific Beneficial Use Determination (BUD) can be sought for appropriate reuse of soil at a receiving site. The New York City (NYC) Mayor's Office of Environmental Coordination (MOEC) has an omnibus BUD to regulate the transfer of "clean" native soil from development projects, governmental capital construction projects, and private developments that need clean backfill. The NYC Clean Soil Bank was subsequently established to facilitate the relocation of "clean" native soils along with strict tracking and documentation procedures.
Connecticut
Soil that is affected by a release of a substance is considered contaminated environmental media. Soil that does not meet Remediation Standard Regulation (RSR) criteria and cannot or will not be reused per RSR reuse requirements is managed as solid waste. Soil which meets RSR criteria for a receiving site and will be reused per the RSRs is managed as clean fill. Presently, Connecticut's Department of Energy and Environmental Protection (DEEP) is re-evaluating the risk-based decision-making process, including the management of urban soil impacted with contaminants at concentrations greater than applicable regulatory criteria but not the result of a specific release. The current draft document contemplates self-implementing options for the management of impacted urban soil without further regulatory approvals.
Pennsylvania
The Pennsylvania Department of Environmental Protection (DEP) has a Management of Fill policy that allows for testing to determine if it is clean or regulated fill. If it is clean fill, it can be reused on site or at another site. Regulated fill may not be used unless a Solid Waste Management Act (SWMA) permit is obtained. Under the Act 2 (Brownfield Program), fill may be moved within the area undergoing remediation without a permit. Material may be moved outside the area of construction if it is part of the construction project and that area is covered by the required deed notice. An example is a brownfield property encompassing an entire city block, but where only pockets of contamination exist on several small "sites." As long as the entire property is part of the construction project and will be entirely nonresidential, then fill can be moved to any portion of the property. However, on a property that is, for example, 100 acres with a relatively small nonresidential Act 2 site covering only 5 acres, then movement of material from that Act 2 site area to other parts of the property would require a permit.
How can GHD help?
GHD's experienced staff is familiar with the evaluation of fill/"clean" soil and excess soil provisions as required by various regulatory programs and can help evaluate the available options and select the preferred option. GHD tracks regulations and policies as they are developing that affect the management of soil and excess fill materials. This allows us to provide clients with up-to-date advice. Contact us to learn more about how we can assist with your fill and excess soil issues.
For more information:
E: @GHD | T: +1 800 265 6102