Material from 12/12/14 Meeting

While the live streaming worked (fairly) well during Friday’s meeting, we were not able to save the recording on the UStream site.  So instead, the video will be segmented into six smaller clips and posted on a Google Drive.  You should be able to watch and/or download the video directly. The clips will be loaded as we are able to process them.

(We’ll see how well this option works as we explore the available choices for public access to distant meetings. Please use the comments below to let us know how well this does or does not work.)

Reclamation Soil Meeting
Friday, December 12, 2014

White Board drawings (click to enlarge):

2014-12-12 White Board 01
 2014-12-12 White Board 02 location-concentration matrix
2014-12-12 White Board 03

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2 Responses to Material from 12/12/14 Meeting

  1. massdepwsc says:

    The following email was circulated following the Friday Reclamation Soil meeting. The video of the 32-minute discussion of the draft interim policy, including stakeholder feedback during the meeting, is available at:

    From: Dave Howe []
    Sent: Wednesday, December 17, 2014 3:31 PM
    Subject: Urgent Matter / DEP to Regulate Uncontaminated (Clean) Soil

    Urgent Matter / DEP to Regulate Uncontaminated (Clean) Soil

    According to a recent public meeting conducted by the Massachusetts Department of Environmental Protection, the Department plans to issue an interim policy that will regulate reclamation and construction projects that require fill (including clean uncontained fill) throughout the Commonwealth. According to the Department, issuance of the guidance document is literally imminent, likely before the end of 2014. The interim policy will establish an entirely new level of both state and municipal oversight and approval of development and infrastructure projects, regardless of whether those projects have already received state and municipal approvals.

    According to a presentation by MassDEP on December 12, 2014, the proposed policy requires any project that imports more than 100,000 cubic yards of material (including clean fill, stone and gravel) to obtain an administrative consent order from MassDEP before the project could proceed (this could take 6-9 months or longer). In addition to this new state approval, MassDEP would also require evidence that the project has received all applicable local permits and require a new separate approval by the chief municipal officer for importation of fill. Simply put, MassDEP’s new policy grants non-appealable veto authority to MassDEP and municipalities over these sorts of projects.

    MassDEP’s policy would apply to any projects which involves the importing of more than 100,000 cubic yards of material. Examples of these type of projects includes highway improvements (like the widening of Route 128), bridge replacements, public institutional construction such as universities and secondary schools. The new policy would also apply to office parks, shopping and lifestyle centers, mixed-use developments and residential developments (including 40B projects) that import more than 100,000 cubic yards. Scores of development projects are poised to be thwarted by municipal and state veto authority if MassDEP issues this proposed policy. At the very least, requiring a state administrative consent order and municipal approval adds unpredictability, delay and likely additional municipal linkage payments.

    DEP’s interim policy is in response Section 277 of the 2014-2015 appropriations bill. Section 277 was added to the budget as an amendment by a Senator from a district where a quarry reclamation project is being proposed. Governor Patrick vetoed the amendment based upon the negative impacts the amendment would have on development projects; however the vetoed was overridden with almost all of the other budget amendment vetoes. Section 277 charges the DEP to establish regulations, guidelines, or standards or procedures for reclamation soils by June 30, 2015. There is absolutely no compelling reason for MassDEP to hastily implement this proposed policy given the dire unintended consequences.

    Please contact your elected representatives and DEP Commissioner right away to express how the implementation of this policy will negatively impact growth throughout the Commonwealth. MassDEP must reconsider its proposed interim policy and thoughtfully establish a balance between economic growth and the degree that the importation of clean soils actually needs to be regulated.

    David Howe
    J. Derenzo Co.
    338 Howard St., Brockton, MA 02302
    O 508.427.6441 | F 508.427.6488 | C 617.212.4508
    LinkedIn / Twitter / Flickr


  2. massdepwsc says:

    Another perspective on the Reclamation Soil project and the Draft proposed possible Interim Policy:


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