Regulation of Soil and Fill Recyclable Materials: Compliance for Construction, Redevelopment, and Remediation Sites

State Compliance, Certification Programs, and Exemptions

This program has been cancelled

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, June 7, 2022

1:00pm-2:30pm EDT, 10:00am-11:30am PDT


This CLE course will advise environmental attorneys on the current regulations related to "dirty dirt"--the non-hazardous, contaminated fill or soil generated from construction, redevelopment, or remediation of construction sites. The panel will discuss state legislation of fill materials, the need for project certification, and when a project can seek an exemption. The panel will address best practices when counseling a site with dirty dirt to mitigate risks and manage liabilities.

Description

Construction projects need to pay particular attention to the state of the soil, as even non-hazardous soil, as well as contaminated fill, or soil/"clean" soil generated from construction, redevelopment, remediation, or other activities, can create issues. Some jurisdictions have multiple regulatory requirements and enforcement procedures, some have best management practices, and some situations are not specifically covered. The result can be a confusing situation fraught with potential misinterpretation and liabilities if the fill material is not handled appropriately or proper soil management plans are developed without required approvals.

Some states have specific definitions of what constitutes contaminated soil. Other states require a release of a contaminant as a precursor to determining contamination. Likewise, construction waste can be anything from an undiscovered underground storage tank, contaminated soil, or other buried waste such as the oil from construction machinery seeping into a nearby water supply. Debris and other construction waste are not limited to the construction site itself; such waste is also dumped on other property.

Strict compliance with the state environmental regulation departments can provide stakeholders with some sense of security. Violation of environmental regulations can be costly and time-consuming. Counsel to owners, contractors, and subcontractors must carefully craft agreements to provide for indemnity and waste management plans. Counsel for landowners must understand how, when, where, and from whom to seek remediation costs.

Listen as our expert panel of environmental attorneys examines the potential risks and liabilities of contaminated and fill soil and discusses the steps that can be taken to mitigate those risks. The panel will offer actionable best practices for determining liability and recovering remediation costs.

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Outline

  1. Risks and liability resulting from contaminated and fill soil
  2. Mitigation of environmental risk
  3. Determining liability
  4. Recovering remediation costs

Benefits

The panel will address these and other relevant topics:

  • What are the potential environmental risks related to contaminated soil during construction?
  • What steps can counsel for owners, contractors, and subcontractors take to mitigate the environmental risks and liability?
  • What best practices can counsel employ to ensure environmental compliance and remediation for cleanup costs?

Faculty

Curran, John-Patrick
John-Patrick Curran

Principal
Sive Paget & Riesel

Mr. Curran’s practice focuses on environmental and construction law, representing residential, commercial and...  |  Read More

Additional faculty
to be announced.