PADEP Institutes New Management of Fill Policy

On August 7, 2010, the PADEP released new interim guidance pertaining to its Certification of Clean Fill Form. This new guidance requires that before clean fill that has been affected by a spill or release may be placed on a property, Form FP-001 must be provided to the Department certifying the origin of the fill material and results of analytical testing to qualify the material as clean fill.

The form must be filed with the regional office of the Department where the receiving site is located. If the fill is from a regulated site, the form requires that the fill be identified as such, and that contact information for the overseeing regulatory agency be provided.

This means that if fill is being transported from a regulated site out of state (such as from New Jersey), then the form will need to include all applicable NJ regulatory agency information, NJ oversight contact information, and site identification qualifiers (such as site ID numbers). In addition, the form requires that copies of all analytical reports be included when the form is submitted to the regional PADEP office where the receiving site is located. In addition, the PADEP is requiring both the sender and receiver of the fill material to certify “under penalty of law” that all of the information regarding the fill is true and correct.

In summary, the state of Pennsylvania has not banned the importation of fill material, it is just increasing regulations surrounding importation in order to better protect human health and the environment. Importation is still permitted as long as the fill material meets the standards for Clean Fill in the Management of Fill Policy, and all of the proper forms have been completed.

Guidance documents and technical tools are available for download on the PADEP’s Land Recycling website.