Pennsylvania DEP Revises Clean Fill Policy

Kathleen McGinty, secretary of Pennsylvania’s Department of Environmental Protection, announced revisions to Pennsylvania’s Clean Fill Policy that will simplify definitions, remove complicated standards for chemical constituents and create a new fill classification and general permit for placement of materials in residential and industrial settings.

“Environmental groups made it clear that the existing Clean Fill Policy and proposed Safe Fill regulations didn’t do the job,” McGinty said. “Contractors and public utilities told us the standards were too complicated and too difficult to implement.

“The administration listened and is responding with a simplified, environmentally sound policy that addresses their concerns. Wasting time, money and resources with outdated and confusing regulations is in no one’s interest, nor is introducing pollution to clean sites. Today’s action charts a different, positive course.”

The proposed policy creates and defines a new classification of Regulated Fill, which will be available for beneficial use under a proposed General Permit for Use of Regulated Fill as a Construction Material. The general permit lists acceptable chemical and contamination levels and allows the material to be used as a construction material to grade areas, control runoff and limit water infiltration.

The general permit also sets standards for use of Regulated Fill in a residential setting under Pennsylvania’s Residential Statewide Health Standards and in industrial settings under the Non-Residential Statewide Health Standards.

The new policy allows trade organizations and utilities to apply for an industry-wide beneficial use general permit for the use of Regulated Fill where that industry has developed a manual of Best Management Practices outlining acceptable procedures for use of Regulated Fill under the general permit.