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

2. Is this soil pile safe to play in?

3. 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

4. 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

5. 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

6. 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

7. QUESTIONS