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Draft Final Safe Fill Regulations

Draft Final Safe Fill Regulations. Major Changes/Revisions Presented to the CSSAB November 8, 2002. What’s new in Safe Fill Definition?. Definition is short as a result of: Due diligence procedures moved to § 287.11(b) Exceptions transformed into a new section, §287.12

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Draft Final Safe Fill Regulations

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  1. Draft Final Safe Fill Regulations Major Changes/Revisions Presented to the CSSAB November 8, 2002

  2. What’s new in Safe Fill Definition? • Definition is short as a result of: • Due diligence procedures moved to § 287.11(b) • Exceptions transformed into a new section, §287.12 • Definition is limited to the following uncontaminated materials: • soil containing stone and rock • dredged material • used asphalt • brick, block, concrete (segregated or mixed) from C/D activities

  3. Safe Fill Definition(continued) • Safe fill materials meet the following: • Not affected by a spill or release • No visible staining, odor or sensory nuisance from chemical contaminants associated with the material • Meet numeric standards of §287.11(b) --- lower of residential GV or DC (SHS), based on due diligence • Determination that material is safe fill based on §287.12 • Burden of proof on user to demonstrate material is safe fill • Safe fill not regulated as waste when used as fill

  4. Safe Fill Due Diligence and Safe fill Numeric Standards – §287.11 • Due diligence requirements now in 287.11(a) • 2 options instead of proposed three options; field screening allowed • Numeric standards moved from §287.11(a) to §287.11(b) • No change from proposed except following: • PQL added to §287.1(b)(1)(C) to demonstrate compliance with SF numeric standards if std. lower than PQL

  5. Safe Fill Due Diligence and Safe fill Numeric Standards – §287.11 • No changes to proposed composite and discrete sampling procedures in 287.11(now subsections c, d & e) except added subsection (f) as follows: • Statistical analysis requirements added to §287.11(f) • 95% UCL of the arithmetic mean to demonstrate material meets SF numeric standards • Overall, draft final regulations will allow for field and laboratory screening of material including composite, discrete and statistical sampling and analyses

  6. New §287.12Determination that a material is safe fill • §287.12(a)(1): Material not affected by a spill or release: • Applies to soil or dredged material only • No visible staining, no odor or nuisance • Num. standards may be above SF but must be below nonresidential SHS (cap) • Use limited to: • Right-of-way • Offsite of residential property • Within a property

  7. New §287.12(a)(1)(continued) • For dredged material, additional uses limited to: • As beach nourishment on adjacent land (sand and gravel) • As soil additive/soil substitute for commercial or industrial purposes • As fill for residential purposes except blending required with clean soil/dredge and blend must meet safe fill numeric standards

  8. New §287.12(a)(1)(continued) • Determination requires: • Appropriate level of due diligence to demonstrate material not subject to a spill/release and below nonresidential numeric standards • Maintain documentation in support of determination • Submit Notice of Determination to Department

  9. New §287.12(a)(2)(continued) • §287.12(a)(2): Material affected by a spill or release: • Applies to soil, dredged material or historic fill only • Visible staining acceptable but no odor or nuisance • Num. standards may be above SF but < nonresidential SHS • Use limited to: • Right-of-way • For historic fill, can be moved offsite in amounts < 500 cy/excavation location; used as fill or as construction material • Within a property

  10. New §287.12(a)(2) (continued) • Determination requires following: • Must conduct sampling /analysis to demonstrate material is below nonresidential num. standards (cap) • Maintain documentation to support determination • Submit Notice of Determination to Department • Submit proof of recorded, amended deed to Department that includes following: • Deed includes exact location of the fill placed on the property • Deed to be part of all future conveyances or transfers of subject property

  11. New §287.12(c)(7) (continued) • Deed notice not required for: • Material is not affected by a spill or release, is above safe fill but below nonresidential standards and no visible staining, odor, nuisance • Material is affected by a spill or release, is above safe fill numeric standards but at or below background level at the property

  12. New §287.13. Relationship of Safe Fill to surface Waters • For placement of safe fill (meets definition and SF numeric standards) into or along surface waters, following required: • Approval under Chapter 105 • May not produce leachate in excess of residential GWMSC for used aquifer and TDS<2500 mg/L by SPLP • Comply with water quality standards in Chapters 93 & 16 • If safe fill determination based on §287.12, cannot be placed into waters of the Commonwealth

  13. New §287.13(continued) • For placement into waters in active/abandoned mine or abandoned quarry as reclamation: • Approved sampling/analysis plan • Comply with water quality standards in Chs.93 and 16 • 10% of safe fill numeric standards • For metals, in lieu of 10%, SPLP analysis to show material will not produce leachate in excess of residential GWMSC for used aquifer/TDS<2500 mg/L. Applies only if GW monitoring is conducted where material is placed

  14. Permit by Rule – 271.103(i) • For placement of contaminated and segregated or mixed brick, block and concrete from C/D activities • No distinction made between waste from industrial properties or from residential/commercial properties • Proposed numeric standards retained – lower of residential generic value or residential direct contact in aquifers used or planned for use with TDS<2500 mg/L • Requirements to be met for placement of waste into or along waters or into waters in active/abandoned mines or abandoned quarries for reclamation, same as in the new §287.13

  15. Permit by Rule - §287.102(j) • Three proposed PBRs (j,k &l) consolidated into one PBR (j) • Applies to contaminated soils, dredged material, used asphalt and historic fill • Nonresidential SHS are required for regulated substances in the material as opposed to proposed residential SHS • Materials to meet lower of the nonresidential generic value or nonresidential direct contact value

  16. Permit by Rule - §287.102(j) • Material may be beneficially used: • To bring an area to grade • As construction material • For control of fire and subsidence events or • In reclamation of active/abandoned mines or abandonedquarries if approved by the Department • All conditions proposed for the 3 PBRs are retained and new ones added, as listed: • Document longitude and latitude of location where materials are placed for use

  17. Permit by Rule - §287.102(j) (continued) • New conditions: • Eliminate direct contact pathways promptly & permanently • Submit copies of records of analytical evaluations along with written notice to Department as opposed to the proposed “when requested by the Department” • Above records to also include the following: • A recorded, amended deed that includes exact location where material is placed at the property, description of contamination from sampling and analysis • Deed to be part of all future conveyances or transfers of subject property

  18. Permit by Rule - §287.102(k) • Proposed PBR (m) for placement of contaminated soil at a site undergoing remediation is retained without change except it is now subsection (k) instead of (m)

  19. Minor Changes • Historic fill definition will be amended to reflect volume increase • §287.2 (relating to Scope) expanded to include following activities as not regulated under the residual waste regulations: • §287.2(e)(3): noncoal materials excavated from active mines and quarries in compliance with Chapter 77. • §287.2 (e)(4): Commercial dredging operations where mainly sand and gravel are dredged in compliance with Department-issued Chapter 105 permit, 401 certification, and consistency determination under the Coastal Zone Management Program

  20. Changes to Appendix A • Proposed Table 4 deleted due to consolidation of 3 PBRs into one in 287.102(j) • Proposed Table 5 is now Table 4 – lists numeric stds. for organics for PBRs (287.102(j) & 271.103(i)) • Proposed Table 6 is now Table 5 – lists numeric stds. for metals and inorganics for PBRs (287.102(j) & 271.103(i)) • Numeric values in all 5 Tables are corrected to be in compliance with the amended Act 2 regulations

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