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Clarification for Soil Disposal associated with MCP Disposal Sites

By Christopher Buchanan, Senior Project Manager

Soil DisposalOften times due to the high cost of soil disposal, clients seek alternative soil disposal options other than a licensed landfill or recycling facility. Specifically the re-use of the suspect soil from a Disposal Site at another location without prior notice or approval from the DEP, which is usually owned by the client or a second property owner seeking fill. Up until recently this process was somewhat subjective for a Licensed Site Professional (LSP) to determine, and had to rely on what is known as the “anti-degradation provisions” pursuant to the requirements of 310 CMR 40.0032(3).  However, recently MassDEP published the “Similar Soils Provision Guidance, Guidance for Identifying When Soil Concentrations at a Receiving Location Are “Not Significantly Lower Than” Managed Soil Concentrations Pursuant to 310 CMR 40.0032(3)” dated October 2, 2013 WSC#-13-500.

This allows the LSP to determine whether the soil at a Disposal Site can be re-used at another location other than a licensed landfill or licensed recycling facility with some certainty, which can potentially save the client thousands of dollars.  In summary, the “Similar Soils Provision Guidance” document outlines four requirements that must be met before the managed soil can be moved to and re-used at a new location without notice or approval from MassDEP, which include the following: A-The Managed Soil Must Not Be a Hazardous Waste, B-The Managed Soil Must Be Less Than Reportable Concentration (RC’s), C-The Managed Soil Must Not Create a Notifiable Condition at the Receiving Location, and D-The Managed Soil Must Not Be Significantly More Contaminated Than the Soil at the Receiving Location.

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