1. Department of Environmental Protection CLEAN 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 C&D 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 C&D 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 >1 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 > 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

29. For More Information James R. Shaw
(717)
Municipal and Residual Waste Central Office staff
(717)
Regional office staff