There has been many questions regarding how to handle historic fill at remediation sites in New Jersey. The New Jersey Department of Environmental Protection (NJDEP) has clarified their requirements according to the NJDEP's Site Remediation Program Site Remediation Reform Act (SRRA):
"As currently defined in statute, historic fill meets the definition of a discharge within the Spill Compensation and Control Act (N.J.S.A. 58:10-23.11) and therefore requires remediation. The Brownfield and Contaminated Sites Act (N.J.S.A. 58:10B-1 et seq.) provides a rebuttable presumption that the Department shall not require any person to remove or treat historic fill in order to comply with applicable health risk or environmental standards in 58:10B-12h but it does not alter the requirement to remediate. In these areas engineering and institutional controls are designed to prevent exposure to humans. The Site Remediation Reform Act (N.J.S.A. 58:10C-1 et seq.) exempts reporting historic fill to the Department's Hotline at N.J.S.A. 58:10C-16k but it also does not alter the requirement to remediate."
"Remediation" can be achieved through institutional (e.g., deed notice) and engineering controls (e.g., asphalt paving).
The NJDEP’s GeoWeb map provides areas where NJDEP has identified as “fill areas”. This does not automatically mean that these areas have “historic fill” above regulatory standards.
If you require further clarification on how to handle historic fill at your remediation site, please contact one of our New Jersey offices:
Rick Shoyer, LSRP