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DEP Issues New "Dirt" PolicyAn amazing amount of "dirt" gets moved in Pennsylvania every week. This movement involves both removal and introduction of soil and debris, which we sometimes call "fill." Highway construction, street repairs, development of industrial parks or residential plans, merely digging out a basement or filling a ravine, all involve movement of many thousands of tons of dirt.For contractors it may be a blessing if they can deposit waste dirt on the same job site in ravines requiring fill. How often we have seen roadside signs, "Clean Fill Wanted." Relocating excess waste from a construction site and arranging for grading and leveling is a major consideration in real property development. Pennsylvania has an interest in the quality of dirt moved. The Department of Environmental Protection has for years monitored and controlled the movement and deposit of dirt which has been contaminated by oil or other regulated chemicals and substances. At issue is the protection of public health and water resources. This state interest has played havoc with efforts at redevelopment of industrial property, gas stations, etc. After taking a hard look at the 1996 clean fill policy, and the withdrawal of the first draft of regulations for the management of safe fill, a revised "clean fill policy" was announced on April 13, 2004 by DEP Secretary Kathleen A. McGinty. It is intended to strike a balance between redevelopment and pollution prevention. Key to the policy is a categorization of fill into three groups: clean fill, regulated fill that may be beneficially used, and regulated fill that is treated as waste. Clean fill can contain only very low levels of contaminants and is not subject to any waste regulation. It still may be subject to Erosion and Sediment Control and also Dam Safety and Waterway Management regulations. It must not contain free liquids which are visible or noxious odors. But it may include bricks, concrete blocks or building materials which are free of friable asbestos, lead-based paint and other regulated materials. Regulated fill that contains some contaminants can still be beneficially used. Special testing must be employed and measured against the risk-based non-residential limits in the regulations to Act 2. If the measurement is below such limits, the fill may be used subject to general permit limits. Regulated fill which exceeds contaminated limits must be removed and managed in keeping with the DEP municipal or residential waste regulations. Even remediation activities have been somewhat eased and made more consistent with DEP's Act 2 program. Clearly, the new clean fill policy is intended to ease the burdens in handling clean and lightly contaminated fill. At the same time, it may be expected the DEP will more vigorously act under the new policy and regulations to protect public interests and health against the risks of contaminated waste. |
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