Is it possible to provide regulatory liability relief to a "source site proponent" and "receiving site" owner? More specifically, if a source site proponent and the receiving site owner follow all applicable requirements of the Excess Soil Management Proposal (i.e., create excess soil management plan, test excess soil to show compliance with applicable schedule, track movement of soil via electronic registry), could they be granted relief from future Regulator Orders? The relief would be similar to the regulatory relief offered by a Record of Site Condition. The relief could even be subject to certain "re-openers", similar to the various re-opener provisions that exist with respect to RSCs.
Absent some form of regulatory relief, it is likely many developers will continue to place excess soils in landfills. More specifically, developers will simply evaluate the cost to comply with the Excess Soils Framework (preparation of management plans, testing, registry posting, etc.) vs. cost to dispose of soil in a landfill. If the difference (savings) in cost is not sufficient to justify the increased liability, developers will continue disposing excess soil in landfills.
[Original Comment ID: 209736]
Submitted February 8, 2018 1:42 PM