Additional Notes from the UST Compliance Seminar
Last week we offered up some notes and takeaway insights from the New Jersey Department of Environmental Protection's (NJ DEP) UST Compliance Seminar. You'll recall that DEP periodically hosts these seminars, with presentations focusing on compliance and enforcement efforts. We have found these seminars to be informative and helpful in understanding how DEP approaches potential violations.
This week we wanted to circle back to touch on the topic of “dirty dirt” and contaminated fill.
As a bit of background, New Jersey passed a “dirty dirt” law in 2020 that was designed to create a licensing mechanism for soil and fill recyclers. The impetus behind the law stemmed (in part) from the aftermath of Superstorm Sandy. In the years following the storm, the New Jersey State Commission of Investigation issued a report illustrating the illegal disposal of contaminated soil (and construction debris, solid wastes, etc) during the rebuilding of impacted areas. In applying for those credentials (what is known as “A-901” license), the state and DEP officials aimed to prevent random, unsavory actors from dumping contaminated soil onto unsuspecting customers, or hauling away such soil to dispose of illegally.
In 2022, the DEP added a compliance advisory to the existing law, warning the public that any business that engaged in specific soil and fill recycling would be subject to fines if they did not register, while also allowing certain types of soil and fill recycling (those trading in “clean” or “non-restricted” soil) to operate with less oversight.
Why are we mentioning this?
During the DEP presentations, participants were warned to be wary of any business offering to give you “free clean fill” or “discount dirt fill” for a location. State officials have found that many of the businesses offering such services are not compliant with the above-mentioned “dirty dirt” law, but are knowingly passing along contaminated soil to commercial and residential property owners. This is often advertised on social media sites like Facebook Marketplace, Nextdoor, Instagram, Craig’s List, or other classified sites.
Contaminates aside, it is also possible that such “free” or “discounted” fill soil may have solid wastes, construction debris, or demolition materials. If this type of material is used to fill in around any new UST installation (or related project at your location), it could potentially damage your tanks, throw off readings, or create unforeseen regulatory issues for your business.
Those engaging in such schemes are obviously seeking to avoid the cost and expense of properly disposing or treating any contaminated soil, and are instead saddling their “clean dirt” on consumer and property owners. For that reason, any kind of fill or soil at your location should be vetted by a qualified Licensed Site Remediation Professional (LSRP). In doing so, the LSRP should investigate the credentials of the soil recycler/hauler, inquire about the origin of the fill material, and seek independent testing to assure no contaminates are being dumped into the ground at your location.
On an individual level, don’t think that those looking to dump “free soil” at your station are only targeting business locations. There are plenty of unsavory companies also seeking to pull the same stunt with homeowners. Don’t fall for it!
If you need more information on this phenomenon and want to learn more, please visit https://www.nj.gov/dep/guardyourbackyard
Please feel free to reach out to Nick at nick@njgca.org with any questions.
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