The movement and disposal of fill material tends not to be well-regulated. During the real estate bubble when demand for aggregate was at a premium, unsavory actors in the industry exploited the regulatory gaps. These companies would charge clients to dispose of contaminated fill, pocket the fees and then sell the materials to sites needing “clean fill”. This practice led to a number couple of high profile projects that were slated for redevelopment. It can be particularly frustrating to a brownfield developer to incur costs to remediate a site only to then have it re-contaminated from importing dirty fill.
In this case discussed at the link below, a property owner sought clean fill so he could sell his site to a developer. Unfortunately, fill was imported from a road re-construction project and contained DROs. When the developer learned of the contamination during pre-acquisition due diligence, he refused to go forward with the transactions. The property owner had to enroll site in the state voluntary cleanup program to remediate the contamination and then sought cost recovery from the transporter. However, his complaint was filed after the applicable statute of limitations.
Good lesson for property owners seeking to import fill as well as developer who smartly had the fill sampled before taking title.