What to Do With Contaminated Fill 3/14/2017 What to Do With Contaminated Fill What to Do With Contaminated Fill? Anthony Fontana, NJDEP

Is this soil pile safe to play in?

Where May I Ship Contaminated Fill? To Landfills as Waste To Landfills as Alternate Daily or Intermediate Cover (Not Waste) To Landfills for Closure, Cap Maintenance (Trigger Legacy Landfill Law) To Brownfields Sites Able to Use to Fill Complying with Like-on-Like (any material besides soil will require a Beneficial Use Determination (BUD)) Petroleum Contaminated Soil may be shipped to Authorized Class B Facilities

Legacy Landfill Law Regulations Should be adopted by August, 2017 Deletes the definition of “clean fill” Revises the definition of “solid waste” If contaminated soil shipped to a legacy landfill or to a properly closed landfill (cap maintenance), provisions of law and regulations triggered, including: Financial assurance for closure and post-closure Municipal Site Plan Approval

Possible Options for New Outlets to Accept Contaminated Soil/Fill Create New Outlets that are Less Costly Than Landfilling Allow Class B Facilities to Accept, Process, Blend and Market all/some types of Contaminated Soil (already can do petroleum contaminated soil) Quarry/Mine Reclamation Permit Landfills to Accept Fill Material Only

Options on How to Deal With the Problem of Contaminated Soil Piles Possible Administrative Changes Pennsylvania’s Management of Fill Policy Encourage/Require Municipalities to a Adopt Soil Importation Ordinance – Model Ordinance to be Prepared by DEP Change the Requirements for Soil Contaminated by Asphalt Only

QUESTIONS