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12.17.03
Proposed Safe Fill Rule will now become NEW CLEAN FILL POLICY
The Departments NEW CLEAN FILL POLICY will replace the proposed and problematic Safe Fill Rule. The new policy differentiates between "clean fill" and "regulated fill". The difference is determined by testing or other due dilligence inquiry. If it is not "clean fill" it is "regulated fill", and its use is restricted or requires specific permit procedures. This new strategy is more easily implemented, however, still establishes a new and large area of potential environmental liability for contractors and developers.
9.8.04
EPA Proposed Rule for Phase I Assessments
The proposed rule would establish specific regulatory requirements for conducting all appropriate inquiries into the previous ownership, uses, and environmental conditions of a property for the purposes of qualifying for certain landowner liability protections under CERCLA. EPA developed the proposed rule using a Negotiated Rulemaking process.
5.20.05
Final Clean Fill Policy
The finalized policy for fill material requires a Certification Form, and most often chemical analysis. These regulations provide a benchmark for evaluating fill material and determining its suitability for use in either residential or commercial construction projects. Two classifications of fill are established; clean fill (residential use) and regulated fill (commercial or industrial use). The new policy establishes uses permitted by rule, and offers the opportunity to move regulated fill from one site to another site if it is to be used in a permitted construction project. It is important to know the concentrations of regulated materials in the fill proposed for use under this policy. Material with lead-containing coatings (painted surfaces), and normal concentrations of arsenic may not meet the clean or regulated fill definitions, and should be handled as residual waste under the solid waste regulations.
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