Approved by Thomas P. Powers, Acting Commissioner, on February 15, 1995.
Note: Transportation of dredged sediments to a landfill must be accompanied by a DEP Material Shipping Record (MSR).
This policy is intended to streamline the review and approval process for dredged sediments proposed to be reused or disposed at Massachusetts permitted landfills. All references to landfills in this policy mean Massachusetts permitted landfills operated in compliance with Department of Environmental Protection (Department, DEP) regulations and policies. Reuse means beneficial use of sediments as daily cover, intermediate cover and pre-cap contouring material. Disposal means burial in a landfill. References to lined landfills mean landfills which have a DEP approved, functioning liner with a leachate collection system.
The DEP updated its former Policy # BWP-94-037 on the requirements for testing, tracking, transporting and reusing or disposing of contaminated soils and dredged sediments at Massachusetts permitted landfills on August of 1997 (COMM-97-001). That Policy exempts certain qualifying soils and sediments from Department review and approval based on contaminant concentrations, provided that they are destined for reuse at lined landfills.
Since the adoption of Policy # BWP-94-037, the Department has recognized that the testing requirements for soils and sediments in that Policy were different from the parameters routinely required for DEP water quality certification (WQC) of dredging projects under 314 CMR 9.00. The different testing parameters resulted in proponents desiring to reuse or dispose of sediments at landfills having to perform a second battery of tests, after obtaining a WQC, thereby adding significant expense and delay to the project. This situation also resulted in Department review regardless of the concentrations of contaminants present. This policy will identify for inclusion in the WQC application package the sediment characteristics of interest to the Department concerning disposal or reuse at landfills. These additional parameters will supplement the parameters routinely assessed in the WQC review. Proponents will be able to perform one set of tests to satisfy the requirements for both the WQC and The Bureau of Waste Prevention (BWP), and further, if sediments do not exceed Table 1 contaminant limits (Section 5.0 below), an applicant need not obtain individual BWP review and approval for sediment reuse at a lined landfill.
Testing for the following additional constituents will now be required of WQC applicants proposing landfill reuse/disposal of sediments: arsenic, total petroleum hydrocarbons (TPHs), volatile organic compounds (VOCs), polynuclear aromatic hydrocarbons (PAHs), polychlorinated biphenyls (PCBs) and in some cases TCLP (see Section 5.0 below). Of these, VOCs and TCLP have not been required by the WQC review. The other parameters have been required for WQC only if the dredging was proposed in urban harbors or other potentially contaminated areas.