DEEP: General Permit for Contaminated Soil and/or Sediment Management (Staging and Transfer)

General Permit for Contaminated Soil and/or Sediment Management (Staging and Transfer)

An Environmental Permitting Fact Sheet

General Permit Overview

This general permit was issued under the authority of, and administered by the Department of Energy and Environmental Protection's (DEEP's) Bureau of Materials Management and Compliance Assurance. DEEP uses both individual and general permits to regulate activities. Individual permits are issued directly to an applicant, whereas general permits are issued to authorize similar activities by one or more applicants throughout a prescribed geographic area. Authorization of an activity under a general permit is governed by that general permit. A general permit sets terms and conditions for conducting an activity which, when complied with, are protective of the environment. General permits are a quicker and more cost-effective way to permit specific activities for both DEEP and the applicant.

This general permit authorizes the staging, transfer, and temporary storage of contaminated soil and/or sediment and is intended to address the management of these materials when they are generated during projects that are less than 2 years in duration and involve the excavation of earthen material. It establishes a uniform set of environmentally protective management procedures for stockpiling soils when they are generated during projects where contaminated soils are typically managed (held temporarily during characterization procedures to determine a final disposition) including, but not limited to remediation, construction, and utility installation projects.

Authorizing Statutes

Section 22a-208a(i) of the Connecticut General Statutes (CGS)

Requirements For All Authorized Facilities

All facilities authorized to engage in the management of contaminated soil and/or sediment pursuant to this general permit must comply with the conditions set forth in the general permit. These include general operating conditions that are applicable to all facilities, and specific operating conditions for certain operational classifications of facility (see ‘Registration’ below for information on operational classifications). Read the general permit carefully to be sure you can operate in compliance with the general permit. If you fail to comply with the conditions in the general permit, you are in violation of the general permit and potentially subject to legal action.

Registration

Registration requirements for this general permit vary, and depend upon which operational classification a soil/sediment management facility falls into. Operational classifications are based primarily on two factors: the soil storage location (whether the soil is staged at the site from which it was excavated or at another location); and, the maximum volume of soil that will be staged at any one time during the operational period. The registration requirements that are associated with each type of operational classification are outlined below.

Who Does Not Need to Register? Any person (operational entity) who stages and/or temporarily stores greater than 10 cubic yards but less than 1,000 cubic yards of contaminated soil and/or sediment at the site of excavation does not need to register for this general permit (provided that the activities authorized are conducted in accordance with each of the applicable conditions of this general permit).

Who Must Register? Any person who either: stages and/or temporarily stores greater than or equal to 1,000 cubic yards and less than or equal to 10,000 cubic yards (at any one time) of contaminated soil and/or sediment at the site of excavation for a period exceeding 45 days in duration; or, transfers, stages, and/or temporarily stores greater than 10 cubic yards and less than or equal to 10,000 cubic yards (at any one time) of contaminated soil and/or sediment at a site other than the site of excavation for any period of time must obtain a Registration.

Who Must Register and Obtain Approval? Any person who either: stages and/or temporarily stores greater than 10,000 cubic yards (at any one time) of contaminated soil and/or sediment at the site of excavation for a period exceeding 45 days in duration; or, transfers, stages, and/or temporarily stores greater than 10,000 cubic yards (at any one time) of contaminated soil and/or sediment at a site other than the site of excavation for any period of time must obtain an Approval of Registration.

How is a Registration obtained for a facility? A person must submit to DEEP a complete registration form with the appropriate fee. After the registration form has been recorded, DEEP will issue a registration letter that includes a facility-specific registration number.

How is an Approval of Registration obtained for a facility? A person must submit to DEEP a complete registration form with the appropriate fee. After departmental review, the commissioner will issue a decision regarding the registration. (Note: if the registration request is approved, the decision will include a registration certificate that includes a facility-specify registration number.)
 
How many facilities can be registered on one form? A registrant shall register each activity, by site for which the registrant seeks authorization under this general permit on a separate registration form.
 
When should a registration form be submitted? (1) A person who wishes to establish and operate a contaminated soil/sediment management facility must submit a completed registration form in order to be issued either a Registration or an Approval of Registration, as appropriate, under this general permit. (2) A registrant must submit a completed registration form for a renewal of a current Registration/Approval of Registration no less than 120 days before the expiration date of the current Registration/Approval of Registration if they wish to continue to operate the facility under the authority of the general permit.

The same form should be used for either a Registration/Approval of Registration or for a renewal of an existing Registration/Approval of Registration.

Transfer

Is a Registration transferable? A registrant may transfer a Registration or an Approval of Registration to another person. Any person proposing to transfer a DEEP permit must submit a completed Permit Transfer Form and transfer fee to DEEP. For further information concerning permit transfers or to obtain a Permit Transfer Form, please contact the Permit Assistance Office at 860-424-3003.

Fees

How much does it cost to register a facility?

     · For Registrations: $250.00

     · For Approval of Registrations: $1,500.00

     · For Renewal of Registrations: $250.00

     · For Renewal of Approval of Registrations: $750.00

Note: In accordance with section 22a - 6(b) of the General Statutes, the fee for municipalities is fifty percent (50%) of the fee listed above. Registration fees are non-refundable.

Average Processing Time
For this permit program, processing time for a typical application, based upon recent experience is less than 60 days. Past performance is not a guarantee of future processing timeframes.  In order to increase the efficiency of application processing, we recommend that you utilize the Department's Pre-Application Guidance process, assure that your application package is properly completed at the time of submittal, and that you promptly reply to any requests for information.

Permit Duration

The General Permit for Contaminated Soil and/or Sediment Management (Staging and Transfer) will be valid for a period of five years from the date of issuance.

Duration of Authorized Activities

Activities authorized pursuant to this general permit must be completed within a two-year time frame. However, should it become evident to a registrant that its soil management activities cannot be completed within a period of two years, Registrations and Approval of Registrations may be extended for additional periods of time, but only in one-year increments and only at the discretion of the commissioner. If it is determined that a registrant’s activities will exceed a total duration of three years, a registrant wishing to obtain a renewal may be required to also begin the process of obtaining an individual permit before a renewal pursuant to this general permit will be issued. To renew a Registration or an Approval of Registration for a facility, the registrant must submit a new registration form and fee no later than 120 days prior to the expiration date of the initial Registration or Approval of Registration.

Contact Information

WASTE ENGINEERING AND ENFORCEMENT DIVISION
BUREAU OF MATERIALS MANAGEMENT AND COMPLIANCE ASSURANCE
DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION
79 ELM STREET
HARTFORD, CT 06106-5127

860-424-3366

This overview is designed to answer general questions and provide basic information. You should refer to the appropriate statutes and regulations for the specific regulatory language of the different permit programs. This document should not be relied upon to determine whether or not an environmental permit is required. It is your responsibility to obtain and comply with all required permits.

Fact Sheet DEEP-SW-FS-001
Content Last Updated June, 2013

Users Guide to Environmental Permits