Department of Environmental Protection CLEAN FILL POLICY - PowerPoint PPT Presentation

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Department of Environmental Protection CLEAN FILL POLICY

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Title: Department of Environmental Protection CLEAN FILL POLICY


1
Department of Environmental ProtectionCLEAN
FILL POLICY
  • Cleanup Standards Scientific Advisory Board
  • May 6, 2004

2
CLEAN FILL POLICY
3
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

4
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

5
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

6
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

7
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

8
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

9
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

10
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

11
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

12
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

13
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.

14
Appendix A
  • Sampling and Analysis Guidance for Fill
    determination

15
Form FP-001
  • Certification of origin of fill and analytical
    results

16
GENERAL PERMIT
17
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

18
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

19
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

20
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

21
Deed Acknowledgments
  • Permittee must provide proof of a recorded deed
    notice
  • exact location of fill
  • type(s) of fill

22
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

23
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

24
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

25
Application Requirements
  • PNDI review for properties gt1 acre
  • Proof of municipality notification
  • Proof of right to enter property
  • Compliance history of Applicant

26
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

27
Waste Determination
  • Regulated fill that meets all the requirements of
    the permit and meets nonresidential SHS shall
    cease to be waste once placed.

28
For More Information
  • http//www.dep.state.pa.us/dep/deputate/airwaste/w
    m/MRW/cleanfill/MgtCleanFillPolicy041304.htm

29
For More Information
  • James R. Shaw
  • (717) 783-9469
  • jshaw_at_state.pa.us
  • Municipal and Residual Waste Central Office staff
  • (717) 787-7381
  • Regional office staff
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