Department of Environmental Protection CLEAN FILL POLICY Cleanup Standards Scientific Advisory Board May 6, 2004

CLEAN FILL POLICY

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

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

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

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

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

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

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

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

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

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

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.

Appendix A Sampling and Analysis Guidance for Fill determination

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

GENERAL PERMIT

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

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

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

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

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

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

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

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

Application Requirements PNDI review for properties >1 acre Proof of municipality notification Proof of right to enter property Compliance history of Applicant

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

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

For More Information http://www.dep.state.pa.us/dep/deputate/airwaste/wm/MRW/cleanfill/MgtCleanFillPolicy041304.htm

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