TO FILL OR NOT TO FILL... Submitted by Michelle Proscia, Ag Educator
requirements. Some towns in NY have additional requirements defining “clean” fill and/or when fill can be applied, such as a building permit filed and approved.
property. Be skeptical that the analyses are not fraudulent in some way. Note: this has occurred. Landowners have ended up with “hot” soil only to bear the sole responsibility for the contamination.
The issue the state of Maine is having with contaminated soils from approved sludge applications only heightens the reminder for landowners to be attentive to the application they make • NYSDEC must be notified of any transfers • Reject any loads to their soils, especially if that do not appear to of fill material they ever plan on using match the analysis. generated in, imported them as agricultural lands Any soil that has debris to or relocated within or the property remaining that may have come New York City and also suitable for sale. Aside from from construction and transfers of restrictedthreatening the value of, demolition (frequently use and limited-use fill typically, a farm’s greatest referred to as C&D) and in other areas of the asset, there is the risk of includes bricks, cement, State when the amount charges from agencies wires, re-bar, etc. is of fill is greater than ten such as the Department generally not suitable as (10) cubic yards. of Environmental structural fill. Soil that has an unnatural sheen, Conservation (DEC) and the • Get an analysis for smell of petroleum, or Environmental Protection EACH load of fill. The other waste should also Agency (EPA). sampling of the fill must be rejected. Examine be conducted by a DEC revised the regulations closely for clues of qualified environmental contamination in smaller for solid waste management professional (QEP), that particles of what would in 2017, and subsequently is, a person/business be man-made products issued (and updated with sufficient training like carpet fibers, paint on March 16, 2022) to exercise professional chips, or porcelain chips Enforcement Discretion judgment regarding the from plumbing fixtures. presence and impact of Letters clarifying the Document findings and hazardous substances. rejection of the load as Department’s stance on fill The QEP is required accurately as possible. material https://www.dec. to sample the fill for Since most carry still ny.gov/regulations/118777. contaminants such as and video cameras in a html. Many landowners metals, PCBs, asbestos, pocket, that might be a are unaware of the new petroleum products, good way of recording and other volatile regulations and hefty the findings of an organic compounds and inspection. penalties that may not only possibly pathogens. The mean fines but incarceration. allowable concentration https://www.dec.ny.gov/ • Some C&D fill may be of any contaminant chemical/292.html. acceptable, but it needs is based upon the to have been processed classification of the fill If fill is needed for by a facility that is and where it is going foundation for building or permitted to recycle to be reused. Due expanding, landowners C&D. These facilities are diligence requires might be able to accept fill required to keep records inspection of the analysis but here are some tips: of soil movement. C&D and ensuring what was tracking documents sampled is what is in the • Check with your must accompany all fill truck rolling onto the town if they have fill Page 6
Extension Connection
May 2022
