Management of Mildly Contaminated Soils in New Jersey · New Jersey Anthony Fontana New Jersey Department of Environmental Protection Bureau of Solid Waste Permitting. ... materials,

Management of Fill in

New Jersey

Anthony Fontana

New Jersey Department of Environmental Protection

Bureau of Solid Waste Permitting

What is Fill?

• Material placed at a location for the purpose of filling low areas, changing the contours of an area, stabilizing existing grades and/or raising the grade of an area. Fill usually consists of soil, but may also include non-water soluble, non-decomposable, inert solids, such as rock, gravel, brick, block, concrete, glass, and/or clay or ceramic products or any combination thereof.

2 Types of Fill

•Clean Fill

•Contaminated Fill

Clean Soil/Fill?Non-water soluble, non-decomposable, inert

solids, such as soil, subsoil, topsoil, sand, clay, loam, gravel, humus, rock, concrete, brick, glass, and/or clay or ceramic products, free of mixed construction/demolition debris, garbage, refuse, or sludge and not containing concentrations of one or more contaminants that exceed NJDEP soil remediation standards

Unacceptable to Use as Clean Fill

• Materials containing debris (wood, metals, plastics, wire, wall board, roofing materials, insulation, carpets or padding, trash, etc.) mixed in with soils and non-decomposable inert solids. Debris-laden fill is regulated as solid waste, cannot be used as fill, and must be disposed at an approved solid waste facility. In addition, soils and fill materials determined to have concentrations of one or more contaminants that exceed the Soil Remediation Standards set forth in N.J.A.C. 7:26D, Remediation Standards, are also considered solid waste but may be beneficially reused with appropriate DEP approvals.

Compliance Alert

“NJDEP is aware of a disturbing trend wherein unacceptable and/or contaminated soil/fill is sold or provided for free as ‘clean fill’ and is being deposited at construction, development, and residential sites throughout the State.”

What NJDEP is Intending to do

• Issue Enforcement Alert – Compliance Advisory (web)

• Issue letters to each mayor in 565 municipalities

• Develop informational sheet “Understanding NJDEP’s Requirements for Soil and Fill Materials”

• Develop model Soil/Fill Importation Ordinance for use by municipalities

What NJDEP is NOT Intending to Do

Regulate the movement of clean soil/fill on a State level (Maybe? – Pending A901 bill)

Documents under Development

• Informational Sheet – “Understanding NJDEP’s Requirements for Soil and Fill Materials”

• Model municipal ordinance for importation and deposition of fill

• DEP will encourage municipalities to adopt an ordinance to help prevent improper placement of unacceptable/contaminated material

Understanding NJDEP’s Requirements

for Soil and Fill Materials

• Summary of clean and contaminated fill and how it can be used

• General sampling and data analysis information for unrestricted use

Model Soil/Fill Importation

Ordinance

• “No property owner, developer, contractor, hauler or other person shall deliver, deposit, or place soil/fill material, or cause, allow, or permit soil/fill to be placed on any property in (municipality) without first obtaining approval from (municipality).”


Ordinance

• Exceptions

oMinor filling associated with landscaping activities where up to _____ cubic yards, per year of acceptable soil/fill is being deposited.

o Fill for septic installation and/or repair

oVirgin quarry products including rock, stone, gravel, sand, clay and other mined natural products.

oAcceptable soil/fill materials being moved from one section of their property to another section of the same property.


Ordinance

•Property owner receiving the soil/fill is responsible for obtaining the permit to deposit acceptable soil/fill material


Ordinance

• Certification Form

o2 Sections

•One to be completed by the Soil/Fill material supplier

•One section to be completed by the person receiving or placing acceptable soil/fill


Ordinance• Soil/Fill Supplier Section of Certification Form

o Part 1 - Supplier’s name, title, company name, address, telephone number, and email contact information

o Part 2

• Site name(s), address(es), and block/lot of the property(ies) supplying the soil/fill

• Brief history of the source property(ies), including current or past use of the property(ies)

• Answer questions whether the source property is a known or suspected contaminated site, if historical operations reflect or suggest the potential for radiological contaminants, and if there are naturally occurring radiological materials known or suspected at the source property(ies)

• Date the soil/fill was subject to analytical testing (if any)

• If analytical data is provided, include documentation consistent with municipal requirements

• Certification from the supplier that the soil/fill meets acceptability criteria


Ordinance

• Person Receiving Acceptable Soil/Fill Section of Certification

o Date, name, title, company name, address, telephone number, email contact information

o Answer questions:

• Purpose for importing soil/fill

• Quantity, in cubic yards, of soil/fill to be imported

• Anticipated date of placement

• Anticipated date of final grading

• Anticipated date of securing the deposited fill (seeding, macadam, etc.)

What Can be Done with

Contaminated Soil/Fill?

• Manage as Solid Waste

• Use as alternate cover material at operating landfills per DEP-issued landfill solid waste facility permit

• Use as fill at landfill closure projects per DEP-approved landfill closure plan (subject to Legacy Landfill Law requirements)

• Use as fill at remediation sites in accordance with site remediation standards fill material guidance

• Obtain Beneficial Use Determination (BUD) from DEP for specific use

Methods to Receive Approval to Re-Use Mildly Contaminated Soils

For non-remediation sites, Beneficial Use Determination (BUD) Approvals pursuant to the Solid Waste Management Act regulations at N.J.A.C. 7:26-1.7(g).

For certain remediation sites, a Licensed Site Remediation Professional (LSRP) has the authority to approve soil re-use pursuant to N.J.A.C. 7:26 C, the Administrative Requirements for the Remediation of Contaminated Sites.

Use of Contaminated Soil Imported to a Remediation Site that

is not Hazardous Wastes

Pursuant to N.J.A.C. 7:26 E-5.2, the Technical Requirements for Site Remediation – Specific Remedial Action Requirements, sites undergoing remediation may receive soils that were/were not generated by remediation provided such soils meet the following criteria:

a.) the contaminants present in the imported soils are also present in the existing soils within the area of concern (AOC);

b.) the maximum contaminant concentration in the imported soil is < the 75th percentile of contaminants in the existing soils within the AOC;

c.) The volume of the imported soils may not exceed that necessary to complete the remediation without written NJDEP approval.

Summary

• In response to placement of unacceptable soil/fill in “clean” areas:

oDEP is preparing to issue a compliance alert and information document summarizing what is acceptable and unacceptable soil/fill

o Encouraging towns to adopt an ordinance regulating the placement of fill

• DEP is preparing a model ordinance to be available for towns

The Wildcard

A901Bill

• Bill being debated to require all haulers and brokers of soil and fill materials to register for A901 license

• Initial bill included all recycling industry but being scaled back