When contaminated historic fill is identified during the property transaction or other activities (ISRA transection or when a whole site RAO is soughted) is required to conduct remediation. Historic fill material commonly contains contaminants, including PAH and metals at levels above the Residential Direct Contact Soil Remediation Standards.
The NJDEP defines historic fill material that is generally deposited to raise the topographic elevation of the property, which was contaminated prior to emplacement, and is in no way connected with the operations at the location of emplacement and, which includes, without limitation, construction debris, dredge spoils, incinerator residue, demolition debris, fly ash or non-hazardous solid waste.
According to the NJDEP, the presence of historic fill material is confirmed at a Site/Property that is required to conduct remediation pursuant to N.J.A.C 7:26C-2. No action is not an option.
If historic fill is already capped, implementation of additional engineering controls is unnecessary. The NJDEP recommends that the responsible party provides a description of the fill and engineering cap in the Deed Notice, and obtains a soil remedial action permit.
