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) 783-9469jshaw@state.pa.us

Municipal and Residual Waste Central Office staff(717) 787-7381

Regional office staff