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

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.