This effort was generated as a partnering attempt to help solve the expense and irritation of disposing of soils with naturally occurring metals, etc. at regulated facilities in cases when the entire region has that same soil composition. DEP staff have verbally conveyed to the Department and some industry members that it is acceptable, in lieu of hauling them to special regulated sites at an extreme expense while taking up valuable space at those facilities. However, the Clean Fill Act is clear and does not currently permit the scenario described above.
The goal would be to have DEP produce a document, modification, amendment, etc. to allow the above scenario and thus provide the needed protection for all parties. PennDOT and Turnpike officials have expressed concern and we are looking at several joint efforts to address this in order to save considerable amounts of monies on PennDOT and Turnpike projects.