Thursday, August 9, 2018



DEC warns Hudson Valley residents to be wary of offers of free ‘clean fill’

ALBANY – In the wake of a state crackdown on illegal C&D dumping, the Department of Environmental Conservation, Wednesday, urged Hudson Valley residents to use caution when offered free fill material to level or grade properties.               

Last month, the DEC announced results of its ongoing crackdown into illegal dumping in the Hudson Valley, in particular in Ulster and Sullivan counties. The illegal fill is often trucked up from New York City and dumped in this region.

The DEC offered suggestions to property owners seeking suitable fill:

  • Look at the fill material as it is received. It should consist of natural soil, sand, gravel, or rock with no non-soil constituents (see below), and should be free of petroleum or any other odors;
  • Check to ensure the fill material is free of regulated wastes such as concrete, brick, asphalt, asbestos, drywall, plaster, roofing materials, wood, metal, tiles, paint chips, ash, slag, coal, pieces of particle boards, carpet, petroleum-contaminated soil, and other contaminated materials;

If material originates in New York City, the homeowner / generator must notify the respective DEC Regional Offices in Stony Brook and New Paltz five days prior to receiving the material about its placement. Homeowners should request that the generator provide them with documentation regarding the generating site location-and fill characteristic information. Make sure that the section for the Qualified Environmental Professional is signed and includes contact information. Copies of the Notification of Fill Material Transport form are available on DEC's website

Each load that originates in New York City must also have a complete and accurate tracking document to identify the source of fill material. Copies of this form (Part 360 Series Waste Tracking Document - Construction and Demolition Debris) are available on DEC's website. Homeowners should request a completed copy of this document for their records from the transporter.

If the generator and/or contractor cannot provide copies of the Notification of Fill Material Transport and Part 360 Series Waste Tracking Document, the homeowner should refuse the shipment.

Homeowners should only accept fill material from one source at a time. If the load is bigger than 10 cubic yards and is generated in New York City, ensure the truck delivering fill material is in possession of a valid Part 364 Waste Transporter Registration or Permit  Ensure the contractor is licensed by a government authority.

The most effective way landowners can protect themselves is by taking steps to prevent being victimized. Once contaminated soil is placed on a property and graded, the process of removal becomes costly and difficult.

Hudson Valley residents should contact DEC's Region 3 Office of Materials Management at (845) 256-3138.

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