Department of Environmental Protection CLEAN FILL POLICY

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Department of Environmental ProtectionCLEAN
FILL POLICY

• Cleanup Standards Scientific Advisory Board
• May 6, 2004

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CLEAN FILL POLICY
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Definition of Clean Fill

• Uncontaminated inert solid material
• Includes soil, rock, stone, dredged material,
  used asphalt, and brick, block or concrete from
  CD activities
• Uncontaminated unaffected by spill or release,
  or if affected, levels are below residential SHS

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Definition of Regulated Fill

• Soil, rock, stone, dredged material, used
  asphalt, historic fill, and brick, block or
  concrete from CD activities affected by a spill
  or release
• Concentrations of regulated substances exceed
  residential SHS, but meet nonresidential SHS

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POLICY

• 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

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Fill 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

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Management of Clean Fill

• Use of material as clean fill does not require a
  permit under the SWMA
• Clean fill may be used in an unrestricted manner
• Use of clean fill is still regulated under other
  environmental laws and regulations, e.g., Chapter
  102 and Chapter 105

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Management of Clean Fill

• Any 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

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Management 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

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Management 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

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Exclusions

• 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

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Exclusions

• 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

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Exclusions

• A 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.

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Appendix A

• Sampling and Analysis Guidance for Fill
  determination

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Form FP-001

• Certification of origin of fill and analytical
  results

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GENERAL PERMIT
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Permitted Activities

• Regulated fill may be beneficially used under
  General Permit WMGR096
• May 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

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Management of Regulated Fill

• May not be placed on a greenfield property or
  residential property
• May 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

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Fill 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

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Notice 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

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Deed Acknowledgments

• Permittee must provide proof of a recorded deed
  notice
• exact location of fill
• type(s) of fill

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Siting limitations

• Fill 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

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Construction 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

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Application Requirements

• Applicant ID
• Identify source of fill
• Identify receiving property
• documentation that fill meets requirements of
  general permit
• proof that use is consistent with general permit

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Application Requirements

• PNDI review for properties gt1 acre
• Proof of municipality notification
• Proof of right to enter property
• Compliance history of Applicant

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Commencement of Activities

• 15 days after submittal of registration for
  brownfields
• 60 days after submittal of registration for
• nonresidential greenfields
• properties gt 10 acres
• properties with waiver of siting limitations

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Waste Determination

• Regulated fill that meets all the requirements of
  the permit and meets nonresidential SHS shall
  cease to be waste once placed.

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For More Information

• http//www.dep.state.pa.us/dep/deputate/airwaste/w
  m/MRW/cleanfill/MgtCleanFillPolicy041304.htm

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For More Information

• James R. Shaw
• [phone]
• jshaw_at_state.pa.us
• Municipal and Residual Waste Central Office staff
• [phone]
• Regional office staff