MassDEP has scheduled a meeting to discuss soil management issues related to the implementation of Section 277 of the 2015 Budget.
Date: Friday, October 17, 2014
Time: 9:30 am – 12:00 pm
Place: MassDEP Headquarters
2nd Floor Conference Rooms
One Winter Street
Boston, MA 02108
The goal of the meeting is for DEP to receive and discuss comments, suggestions, data, and examples that will help inform the Department’s understanding of the issues and assist in the development of regulations, standards and policies pursuant to Section 277.
General topics for discussion include (but is not limited to):
- What are the exposures of concern that must be considered to ensure that the reclamation soil poses “no significant risk”?
- During the transport of the soil?
- During the filling operations?
- After the quarry/pit is reclaimed with a new future use?
- In addition to quantifiable human exposure concerns, what other factors would be considered for a suitability determination?
- Proximity to drinking water resource areas?
- Proximity to wetlands/ecological resource areas?
- Other applicable local, state or federal laws/rules
- What procedures are necessary to establish confidence that the reclamation soil meets applicable standards?
- Who conducts the sampling and analysis?
- How are the samples taken?
- What is the sampling frequency?
- When is the sampling conducted?
- When and how are sampling results submitted to DEP and/or made public?
- Is there a role for third party oversight/confirmation?
- What would a Quarry Reclamation Permit look like?
- What thresholds would trigger the need for a permit?
- What kind of permit would be required? Traditional? Presumptive? Permit by rule?
- What would the standard permit conditions be?
- What requirements would apply for reclamation projects NOT requiring a permit?
- What reclamation projects would require local approval, and what is the nature/form of that approval?
- How does size, location and scope of the project factor in?
- How does the variation in local governance play into the form of the local approval? Is there a single form of local approval that could/should be required, or could it be any one from a list of acceptable approval types?
Note that there will NOT be a presentation of DEP’s approach to soil management at this meeting – the goal is for DEP to LISTEN to stakeholder concerns and LEARN from stakeholder experience. If you wish to review background material, including an overview of MassDEP’s general approach to soil management (prior to the passage of Section 277, and thus now possibly outdated), links to documents, slideshows and other material are available on the Documents and Links page.
We hope to see you at the October 17th meeting.
– Paul Locke
Director, Division of Response & Remediation
MassDEP Burequ of Waste Site Cleanup