Feature Story
Dirt, some is actually Dirty! (some is more than dirty)
A
nyone who in the business of landscaping, excavating, pools, construction …. well, just about everyone who digs outside needs to be aware of the new NJ DEP requirements for importing or exporting clean fill. I personally know of 3 companies who are in lawsuits that have cost over $100,000 so far. And it's not finished yet. • They will have to pay for all or most of the soil disposal • They will still end up with civil suits for the disruption they caused their clients. One family abandoned the home and is renting until it’s all cleaned up. Cradle to grave Typically, the original property owner is responsible for the proper disposal of soils. They are the cradle, but all of us as contractors are responsible as well. The person contracted to excavate, load and transport the materials (or plays ANY part in it) is also on the hook. Often, we look around a customer’s home and think it’s clean, maintained and there were never any industrial activities, so the soil must be clean, correct? NO! • Pesticides, herbicides and fertilizers over years of use will impact soils • Down the road, lead dust from a house can end up on your client’s property without anyone knowing it • You don’t know where the fill originated from when the developer built the home • If a home was on the site and razed, odds are there will be some soil issues • Unacceptable fill also includes any materials containing debris (wood, metals, plastics, wire, wall board, roofing materials, insulation, carpets or padding, trash, etc.)
52 WINTER/SPRING | 2021
mixed in with soils and non-decomposable, inert solids To assure regulatory compliance, avoid potential liability (including fill removal and remediation costs) and penalty exposure for violations under the Solid Waste rules and the Discharges of Petroleum and Other Hazardous Substances rules, generators, brokers and transporters of fill, and property owners receiving fill, you should ensure the fill does not contain debris and that the fill is not contaminated above the NJRDCSRS or NJNRDCSRS limits, as applicable. These determinations should be made at the point of generation (i.e., before transport and placement). What to do: • Make sure you have soil movement permits • Have the soils tested prior to moving and include them with your permits • Keep documents on-hand or on-site if a neighbor comes over asking. The quicker you satisfy them, the less they might complain or make statements on social media • Show how professional you are to your client by explaining what will happen before you ever start work by ensuring their safety and value of their property What not to do: • Allow anyone to dump on your project without having documentation • Make sure you document and amend your permits • Comingle fill from many sources • Trust anyone that you don’t know • Think that it smells or looks good, therefore must be clean
