Truck 53538968(Editor’s note: The Pennsylvania Department of Environmental Protection is currently considering modifications to its “Fill Policy.” The proposed revisions appear likely to result in a reduction in acceptable numeric values of contaminants in “clean fill.” The public comment period on the proposal closes on February 18, 2015. On-going projects may not be grandfathered from application of any new definition of clean fill. In other words, there is potential for confusion and significant disruption in the “earthwork” segment of the construction industry. The article below is the first in a series we will post on this topic. Guest author, Gary Brown, President of RT Environmental Services, Inc. has over 30 years of experience in environmental compliance and engineering.)

In 1996 Pennsylvania became one of the first states to place numeric limits on contamination in earthwork (“Fill”) that was to be moved across property lines.  While other states regulate releases and discharges to the environment, the Department of Environmental Protection (“DEP”) placed direct limits on the Fill itself, whether or not there was pre-existing evidence of a spill or release. (Continue reading).