Pennsylvania Fill Policy Change

By: Triad Engineering

By: Carol Phillips
Senior Environmental Scientist, Triad Engineering, Inc.

The PADEP new Management of Fill Policy took effect on January 1, 2020 and applies to fill placed outside of a project area. The policy does not apply to fill used within the same project area or right-of-way. The policy has impacts on most earth-moving projects. The new policy provides procedures for determining whether fill is “clean fill” or “regulated fill” as well as guidance on how fill can be utilized. To determine if fill is “clean fill”, environmental due diligence must be completed. The due diligence can be fulfilled by completing a Phase I ESA or testing of the fill material. If testing is completed, a Sampling Plan must be completed, and samples must be analyzed and compared to standards tied to the Act 2 criteria. Triad can complete the environmental due diligence necessary under the new Management of Fill Policy and can assist in navigating reporting and permitting with the PADEP. A link to the new policy is below.

http://www.depgreenport.state.pa.us/elibrary/GetFolder?FolderID=4647

PADEP has proposed changes to Chapter 105 regarding permits and permit waivers. Triad can complete stream & wetland delineations for your project and navigate the Chapter 105 permitting process for your project. Links to the proposed rulemaking and the PADEP presentation below.

http://files.dep.state.pa.us/PublicParticipation/Advisory%20Committees/AdvCommPortalFiles/WRAC/2020/013020/Ch105_reg_proposed_WRAC.pdf

http://files.dep.state.pa.us/PublicParticipation/Advisory%20Committees/AdvCommPortalFiles/WRAC/2020/013020/CHAPTER%20105_rev_proposed_WRAC_01-30-20.pdf