Every excavation project makes a pile of dirt, and every grading project needs dirt from somewhere. Most homeowners never think about where it comes from or where it goes, until someone offers them free fill, or a quote includes a line for hauling that seems high. In New Jersey, dirt that moves from one property to another is regulated more than most people realize, and the reason is a history of contaminated material ending up in backyards. Here is what "clean fill" actually means, what to watch out for, and what to ask your contractor.
Topsoil, fill and spoil: three different things
People use these words loosely, but on a job they mean different materials.
Topsoil is the dark upper layer that grows grass and plants. It is full of organic matter, which is great for a lawn and bad under a building, driveway or pad, because organic material compresses and rots. Good contractors strip it first, set it aside, and put it back at the end.
Fill is material placed to raise grades, fill low spots or support construction. NJDEP describes fill as usually natural soils, sands, clays, rock and gravel, and in some cases processed recycled materials like crushed concrete or brick. Structural fill under a driveway or building has to compact well. Fill for a low corner of a lawn has lower demands.
Spoil is what comes out of an excavation, the pile next to the trench or foundation hole. Some of it goes back in as backfill. The rest is surplus that has to go somewhere.
Where does excavated dirt go?
On a well planned job, as much as possible stays on site. Clean spoil can be used to backfill trenches and foundations, to fill low spots, or to shape the final grade. Moving it around the same property is usually the cheapest option and keeps trucks off the road.
When there is more than the site can use, it gets hauled away. The destination depends on the material. Clean natural soil can go to another project that needs fill or to a facility that accepts it. Rock can sometimes be reused as fill or drainage stone. Soil mixed with debris, like trash, lumber, metal, plastic, roofing or wallboard, is solid waste under NJDEP rules and has to go to a permitted solid waste facility.
Contaminated soil is a different category with its own rules and approvals.
What does "clean fill" mean in New Jersey?
The phrase gets used in ads and on job sites, but NJDEP's guidance is more specific. It breaks soil and fill into categories:
- Material with debris mixed in is solid waste. It cannot be reused as fill and must go to a permitted disposal facility.
- Material with contaminants above NJDEP's residential soil remediation standards is considered "restricted use." It can only be reused in certain places, with approvals, such as at some remediation sites or landfills.
- Material without debris and below the residential standards is what NJDEP calls "non-restricted" soil and fill. This is closest to what most people mean by clean fill.
In short, "clean" is not a look. Dirt can look fine and still contain contaminants. Testing, when needed, has to be done by a New Jersey certified laboratory.
Why you should not accept free fill of unknown origin
Free fill sounds like a good deal. Someone needs to get rid of dirt, and you need your yard raised. But NJDEP warns homeowners to be wary of internet offers of "free" or "cheap" fill, and the state has brought enforcement cases where contaminated material was dumped on residential properties after being advertised as clean fill.
The risk lands on you. Once the material is on your property, it is your problem. Removing contaminated or debris-filled fill can cost far more than buying good material in the first place, and it can come up when you sell.
Warning signs:
- The source cannot tell you where the material came from.
- It contains brick, concrete chunks, wood, plastic, metal, glass or other debris.
- It smells of oil, gas, chemicals or sewage.
- It is being dumped quickly, at odd hours, or without any paperwork.
New Jersey's "Dirty Dirt" law
In 2020, New Jersey enacted P.L. 2019, c.397, often called the Dirty Dirt law. It extended the state's A-901 licensing requirements to businesses providing "soil and fill recycling services," meaning the collection, transportation, processing, brokering, storage, sale or disposition of soil and fill recyclable materials. Those businesses need an A-901 license or, in some cases, a Soil and Fill Recycling Registration from NJDEP. Virgin quarry products like stone, gravel and sand are excluded from the definition.
NJDEP publishes lists of registered and certified businesses, and its guidance recommends checking them before doing business. It also recommends examining the material for debris and odors and finding out where it came from.
Some towns also have their own soil or fill ordinances that require approval before importing fill. And if a project disturbs more than 5,000 square feet, a soil erosion and sediment control plan may be needed. Our excavation permits page lists the main thresholds.
This is general information, not legal advice. NJDEP and your municipality decide what applies to your project.
What to ask your contractor about fill and disposal
Before work starts, ask:
- Where will the excess dirt go? Can it stay on site, and if not, where is it being taken?
- Who is hauling it, and are they properly licensed or registered?
- Where is imported fill coming from? A quarry, a supplier, or another job site?
- What kind of fill is it? Structural fill, general fill or topsoil, and is it right for its purpose?
- Is there any paperwork? Delivery tickets from a supplier or quarry show where material came from. For fill from another site, ask what information is available about its origin and quality.
- Will the topsoil be stripped and reused?
A good contractor will not be bothered by any of these. Hauling and material costs are real parts of an excavation estimate, and knowing where the dirt goes explains them.
How we handle it
We use clean fill on our jobs. When a job needs more material than the site has, we coordinate with other contractors and large projects to bring clean fill in. When a job has clean fill left over, we move it out the same way, to another project that needs it. JWSR does not currently hold an A-901 license, so ask us about fill and disposal the same way you would ask anyone else. After the grading is done, stabilizing the soil matters too, which we cover in our post on preventing erosion after excavation.
Planning a grading or fill project?
If you need to raise a low area, regrade a yard or get rid of excess soil from a project, call us at 862-268-2510 or send the details through our free estimate form. Our grading and drainage and excavation work uses clean fill, brought in or moved out through the contractors and projects we coordinate with.
Common questions
What is clean fill in New Jersey? NJDEP guidance separates soil and fill into categories. Material without debris and below NJDEP's residential soil remediation standards is called non-restricted soil and fill, which is closest to what most people mean by clean fill. Soil mixed with debris is solid waste, and soil above the residential standards is restricted use.
Should I accept free fill for my yard? Be very careful. NJDEP warns homeowners to be wary of internet offers of free or cheap fill, and contaminated material has been dumped on residential properties after being advertised as clean fill. If the source cannot tell you where it came from, or it contains debris or smells of oil, chemicals or sewage, do not accept it.
What is the difference between topsoil, fill and spoil? Topsoil is the organic upper layer that grows grass. Fill is material placed to raise grades or support construction, usually natural soil, sand, clay, rock and gravel. Spoil is what comes out of an excavation, some of which goes back in as backfill.
What is the Dirty Dirt law in NJ? P.L. 2019, c.397 extended New Jersey's A-901 licensing requirements to businesses providing soil and fill recycling services, including collecting, transporting, brokering and selling soil and fill. They need an A-901 license or, in some cases, a Soil and Fill Recycling Registration. Virgin quarry products are excluded.
What should I ask a contractor about dirt disposal? Ask where the excess dirt will go, who is hauling it and whether they are properly licensed or registered, where any imported fill comes from, what kind of fill it is, what paperwork comes with it, and whether the topsoil will be stripped and reused.
Does JWSR use clean fill? Yes. We use clean fill on our jobs. We coordinate with other contractors and large projects to import clean fill when a job needs it, and to export clean fill the same way when a job has extra.
Does JWSR have an A-901 license? No. JWSR does not currently hold an A-901 license from NJDEP.
Still not sure how this applies to your property? That is what a free on-site estimate is for. Call 862-268-2510 or tell us what is going on, and we will give you a straight answer, including when the answer is that you do not need us.
