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Clean Fill Guidelines

Draft site content by Dirt Trade. This is general information, not legal or environmental advice. Rules and agency guidance can change. Check with Idaho DEQ and your city or county before moving, placing, or disposing of material.

What people usually mean by "clean fill"

On Dirt Trade, "clean fill" should mean natural soil, sand, gravel, and rock with no trash, debris, or contamination. Being upfront about rock, clay, or organic content helps everyone.

What Idaho's rules say (as we read them, so verify): - Idaho's Solid Waste Management Rules (IDAPA 58.01.06) say they do not apply to "clean soils and clean dredge spoils as regulated under Section 404 of the federal Clean Water Act," as long as the material is not hazardous waste. The rules also do not apply to inert wastes unless those are mixed with more than incidental quantities of regulated waste. Source: IDAPA 58.01.06, Section 001, https://files.dfm.idaho.gov/dfm-admin-website/rules/current/58/580106.pdf - The rules define "inert waste" as noncombustible, nonhazardous, non-putrescible waste with minimal leaching potential, including rock, concrete, cured asphaltic concrete, brick, gravel, and dirt. Sources: the same IDAPA 58.01.06 document (definitions, Section 005) and the DEQ landfill guidance cited below - Idaho Code § 39-7403 defines inert and construction/demolition wastes: https://legislature.idaho.gov/statutesrules/idstat/title39/t39ch74/sect39-7403/ - DEQ's landfill guidance says sites taking only inert waste are exempt from the state rules but "will need to check with local government to determine if permitting is required." Source: https://www2.deq.idaho.gov/admin/LEIA/api/document/download/14834 (also hosted at https://eiph.id.gov/wp-content/uploads/EH/Solid_Waste/guidance-siting-design-operations-nmswl.pdf)

Note: Even if concrete or asphalt counts as "inert" under state rules, many people accepting fill don't want it. On Dirt Trade, list concrete and asphalt separately rather than as "clean fill."

What to ask before you accept fill

  1. Where did it come from? Get the source address and the type of site, such as a new subdivision, a road job, farm ground, or an old industrial or commercial property.
  2. Site history. Ask about past gas stations, fuel tanks, auto shops, dumps, orchards, or industrial uses. Those can raise contamination concerns.
  3. What's in it? Ask about rock size, clay, organics, sod, and roots, and about any trash, concrete, asphalt, metal, wood, or plastic.
  4. Any testing? Ask whether there are environmental or geotechnical reports or test results. For structural fill, your engineer may require specific testing.
  5. How much, and when? Agree on approximate yardage and a delivery window.
  6. Permits on your end. Placing fill may itself need a permit (see below).

Red flags

If something seems off, don't accept it. Contact DEQ for guidance.

Local permits (examples; confirm with each agency)

Who to ask

— Dirt Trade