This Policy provides information to the regulated community about the Massachusetts Department of Environmental Protection's (the Department) requirements, standards, management practices and approvals for the testing, tracking, transport, and reuse or disposal of Contaminated Soil at Massachusetts landfills. This Policy is effective immediately and supersedes the Department Policy # BWP-94-037. The Department is updating Policy # BWP-94-037 with this Policy in order to:
- update the standards for management of Contaminated Soil by Massachusetts landfills;
- maintain consistency with Policy # COMM-94-007, Interim Policy for Sampling, Analysis, Handling and Tracking Requirements for Dredged Sediment Reused or Disposed at Massachusetts Permitted Landfills, February 15, 1995;
- reflect changes to Table 1 Contaminant Levels for Soil Reuse at Landfills, and to include contaminant levels for the reuse of Contaminated Soil at unlined landfills;
- maintain consistency with revisions in 310 CMR 30.000, Massachusetts Hazardous Waste Regulations, November 18, 1994;
- describe the procedures and requirements lined landfills must meet to reuse or dispose of Treated TCLP Soil (including Treated TCLP-Lead Soil);
- prohibit the reuse or disposal of Treated TCLP Soil at unlined landfills; and
- maintain consistency with EPA's 1995 Household Hazardous Waste Exemption for Residential Lead Soil.
Applicability
This Policy provides information to the regulated community on the reuse and disposal of Contaminated Soil at Massachusetts landfills. This Policy applies to Contaminated Soil generated from 21E disposal sites; Contaminated Soil which exhibits concentrations of oil and/or hazardous material below the applicable notification thresholds specified in 310 CMR 40.0300 and 310 CMR 40.1600; Contaminated Soil generated at out-of-state locations; Treated TCLP Soil (including Treated TCLP Lead Soil); Residential Lead Soil; and soil contaminated with used or unused waste oil (see 310 CMR 30.252(2)).
This Policy does not apply to soil that is either a listed or characteristic hazardous waste, except Treated TCLP Soil as described in Section 8.0, Reuse and Disposal of Treated TCLP Soil, nor does it apply to the management of wastes such as industrial waste, sludge, street sweepings , catch basin sediments or Municipal Solid Waste (MSW).