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Materials that don't qualify for
exemptions or reduced procedures in Chapter 418 have to be licensed according to
Section 7. In order to obtain a beneficial use license, a pre-application must
be submitted, a pre-application meeting must be held with the DEP, and finally
an application must be submitted.
At least two weeks before a meeting with the DEP, a
pre-application must be filed. This document should have descriptions of the
material in question and the details of its beneficial use. Specifically, the
pre-application should list the properties of the material and the amounts that
will be used. Also, risk assessment details, risk management techniques, and an
analysis of the material according to Chapter 405 Section 6.A, B, C should be
included. The material for beneficial use must meet risk standards according to
Section 7.B of Chapter 418, and the material can't contain constituent levels in
excess of the amounts listed in Appendix A of the same chapter.
With the final application, the DEP can request specific
information based on their review of the pre-application. A topographical map
may be required, along with information and diagrams on the operation of the
facilities where the material will be used and stored both during and prior to
its use. Test results showing that the material isn't hazardous and won't be
unhealthy to humans or harmful to the environment also have to be included. The
Department may also require financial assurance that if the project fails,
cleanup and alternative disposal will be funded.
Finally, if a material is being used as a construction fill,
records need to be filed in the Registry of Deeds for the project. The records
need to include descriptions of the waste material being used and the project's
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