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Transcript of Department of Environmental Protection CLEAN FILL POLICY Cleanup Standards Scientific Advisory Board...
Department of Environmental Protection
CLEAN FILL POLICY
Department of Environmental Protection
CLEAN FILL POLICY
Cleanup Standards Scientific Advisory BoardMay 6, 2004
CLEAN FILL POLICYCLEAN FILL POLICY
Definition of Clean FillDefinition of Clean Fill
Uncontaminated inert solid material Includes soil, rock, stone, dredged
material, used asphalt, and brick, block or concrete from C&D activities
Uncontaminated – unaffected by spill or release, or if affected, levels are below residential SHS
Definition of Regulated FillDefinition of Regulated Fill
Soil, rock, stone, dredged material, used asphalt, historic fill, and brick, block or concrete from C&D activities affected by a spill or release
Concentrations of regulated substances exceed residential SHS, but meet nonresidential SHS
POLICYPOLICY
Used to determine if material qualifies as clean or regulated fill
Does not apply to mine land reclamation activities subject to a permit
Excavation, movement or reuse within project area or ROW does not require a SWMA permit
Fill DeterminationFill Determination Environmental due diligence If no evidence of release, material may be
managed as clean fill If evidence of a release, material must be
tested to determine if it is clean or regulated fill
Analytical testing or sampling only required if evidence of a release of a regulated substance
Management of Clean FillManagement of Clean FillUse of material as clean fill does not
require a permit under the SWMAClean fill may be used in an unrestricted
mannerUse of clean fill is still regulated under
other environmental laws and regulations, e.g., Chapter 102 and Chapter 105
Management of Clean FillManagement of Clean FillAny person placing clean fill that has
been affected by a release must certify the origin of the material and the results of analytical testing used to determine that it is clean fill
BMP must be used during demolition activities to remove hazardous material from material to be used as clean fill
Management of Clean FillManagement of Clean Fill
Clean fill may not contain free liquids based on visual observation or create public nuisances (e.g., objectionable odors) to users of the receiving property or adjacent properties
Management of Regulated FillManagement of Regulated Fill Materials identified as regulated fill are waste
and must be managed under a permit in accordance with the municipal or residual waste regulations
Regulated fill may be beneficially used under General Permit WMGR096 if material meets requirements of that permit
May apply for industry-wide beneficial use permit in lieu of the general permit
ExclusionsExclusions
Regulated fill may not be placed on a greenfield property not planned for development
Regulated fill may not be placed on a property currently in residential use or planned for residential use unless otherwise authorized
ExclusionsExclusions
Fill containing regulated substances at concentrations exceeding the nonresidential SHS may not be placed as regulated fill but must be managed in accordance with the municipal or residual waste regulations
ExclusionsExclusionsA general permit is not required for
remediation activities undertaken entirely on an Act 2 site
A general permit is not required if regulated fill from an Act 2 site is used as construction material at a receiving site that is also being remediated to an Act 2 standard.
Appendix AAppendix A
Sampling and Analysis Guidance for Fill determination
Form FP-001Form FP-001
Certification of origin of fill and analytical results
GENERAL PERMITGENERAL PERMIT
Permitted ActivitiesPermitted ActivitiesRegulated fill may be beneficially used
under General Permit WMGR096May only be placed on a property
approved for construction and zoned commercial/industrial, or if unzoned, used exclusively for those purposes
May not blend or process to meet concentration limits
Management of Regulated FillManagement of Regulated FillMay not be placed on a greenfield
property or residential propertyMay not be placed under the general
permit if concentrations exceed nonresidential SHS
Fill from dredge material must also meet limit of 250 mg/L for chlorides based on SPLP
Fill Containing MetalsFill Containing Metals Fill containing metals must meet either
nonresidential SHS or receiving site background
If fill subject to release exceeds SHS, must be placed to eliminate direct contact exposure pathways
Background is concentration present before beneficial use activities
Background determined by taking representative samples
Notice to MunicipalityNotice to Municipality
A copy of the registration for fill placement under the general permit must be submitted to each municipality at least 30 days prior to placing fill
Deed AcknowledgmentsDeed Acknowledgments
Permittee must provide proof of a recorded deed notice
exact location of fill
type(s) of fill
Siting limitationsSiting limitationsFill shall not be placed within:
100 year floodplain, except for brownfields
100 feet of a sinkhole
50 feet of a dwelling
100 feet of a perennial stream
300 feet of a water source
300 feet of exceptional value wetland, EV water, or HQ water
Construction ActivityConstruction Activity
Construction should begin within one year of date fill placed on property
Fill areas shall be promptly revegetated or stabilized if construction not started within 30 days of fill placement
Application RequirementsApplication Requirements
Applicant ID Identify source of fill Identify receiving propertydocumentation that fill meets
requirements of general permitproof that use is consistent with general
permit
Application RequirementsApplication Requirements
PNDI review for properties >1 acreProof of municipality notificationProof of right to enter propertyCompliance history of Applicant
Commencement of ActivitiesCommencement of Activities
15 days after submittal of registration for brownfields
60 days after submittal of registration fornonresidential greenfields
properties > 10 acres
properties with waiver of siting limitations
Waste DeterminationWaste Determination
Regulated fill that meets all the requirements of the permit and meets nonresidential SHS shall cease to be waste once placed.
For More InformationFor More Information
http://www.dep.state.pa.us/dep/deputate/airwaste/wm/MRW/cleanfill/MgtCleanFillPolicy041304.htm
For More InformationFor More Information
James R. Shaw(717) [email protected]
Municipal and Residual Waste Central Office staff(717) 787-7381
Regional office staff