State guides · Pennsylvania · Site work
Pennsylvania clean fill rules: when free fill is legal, what counts, and Form FP-001
Free fill, delivered and spread, sounds like a deal until the load turns out to be someone else’s waste. In Pennsylvania, DEP’s Management of Fill Policy decides whether dirt and rubble moved onto a property is clean fill or a waste. Here’s what counts, how the FP-001 form works, the red flags DEP tells homeowners to watch for, and a quick checker for the load you’ve been offered.
Taking free fill is legal if it’s clean fill: uncontaminated soil, rock, stone, gravel, used asphalt, or brick, block and concrete from construction and demolition, kept separate from other waste. Before it moves, a Form FP-001 has to be submitted to DEP online and you, the receiver, complete Section 3. No form, an unknown source, an odor, stains or debris mean don’t take it. Checked Nov. 13, 2026.
Should I take this fill?
Based on DEP’s Management of Fill Policy, its Q and A and the Dirty Dirt flyer. A quick screen, not a fill determination.
What DEP counts as clean fill
| Material | Under the fill policy |
|---|---|
| Soil, rock, stone, gravel | Fill. Clean if it’s uncontaminated. |
| Used asphalt; brick, block or concrete from construction and demolition | Fill, if separate from other waste and recognizable as such. |
| Dredged material | Fill, as defined in the waste regulations. |
| Reclaimed asphalt pavement (millings) | Not fill under this policy; used under DEP’s coproduct determination. |
| Mine spoils, acid-producing rock, naturally occurring asbestos | Not fill. Excluded by definition. |
| Trees, brush, stumps, land clearing waste | Not covered; separate best management practices apply. |
| Historic fill (pre-1988 mixes of soil with ash, slag or demolition waste) | Clean only if it isn’t mostly residuals like ash or slag, pockets of ash or slag are removed, and lab tests show it’s uncontaminated. |
| Anything blended to dilute contamination | Not clean fill or regulated fill. |
“Clean” means uncontaminated: either the fill wasn’t affected by a release of a regulated substance, or it was and lab results come in under the clean fill concentration limits, which DEP ties to Pennsylvania’s Act 2 residential soil standards (the lower of the soil-to-groundwater and direct-contact values). Clean fill also can’t contain free liquids or create a nuisance such as an objectionable odor, and it can’t be placed in or on waters of the Commonwealth under this policy.
From DEP’s Management of Fill Policy, definitions and Sections A–D. The current limit tables are on DEP’s Residual Waste Program page.
Clean fill vs. regulated fill
Uncontaminated fill. It can be used without restriction, as long as it isn’t placed in waters of the Commonwealth, it follows the erosion and sediment control and waterway rules (25 Pa. Code Chapters 102 and 105), and the FP-001 is done.
Fill affected by a release that tests over the clean fill limits but at or under the regulated fill limits. It’s a waste and can be used only by someone covered under General Permit WMGR096.
Can’t be managed as clean or regulated fill. It may have to be disposed of as waste.
How Form FP-001 works
| Step | What happens |
|---|---|
| 1. Due diligence | Whoever is providing or receiving the fill checks the donor site: at minimum a visual inspection plus a review of ownership and past use, or lab testing in place of the history review. Testing is required if due diligence shows a possible release, and always for historic fill. |
| 2. Sections 1 and 2 | The person making the determination fills these out on DEP’s online FP-001 before the fill moves, with the sampling plan and lab reports attached if it was tested. One form per donor site. |
| 3. Section 3 | DEP sends the receiver a notice with a PIN. The receiver completes Section 3. |
| 4. Move it | Both sides get a notice of receipt and a copy of the form. Then the fill can be moved. |
| 5. Keep it | Donor and receiver keep copies for five years and hand them over if DEP asks. |
From the policy, Section B and D, and DEP’s Q and A, question 8. DEP regional offices may review FP-001 submittals and ask for more information.
Free fill red flags
- Nobody can tell you where it came from
- There’s no FP-001, or a bill of lading if you bought it
- It smells like petroleum, oil or garbage
- You see plastic, ash, wallboard, shingles, nails, wood or paint chips
- The soil is stained or discolored
- What site is this from, and what was there before?
- Was it tested? Can I see the lab report?
- Will the FP-001 be submitted before delivery?
- References from other customers
DEP warns that bad fill can leave property owners open to environmental and health problems and potential liabilities. Its advice: always be sure where the dirt is coming from.
From DEP’s Be Aware of Dirty Dirt flyer.
When the fill policy doesn’t apply
- Moving or using fill within the same project area or right-of-way
- Trees, brush, stumps and other waste from land clearing, grubbing and excavation
- Mine land reclamation done under a permit
- Reclaimed asphalt pavement used under DEP’s coproduct determination
- Clean or regulated fill used before Jan. 1, 2020, unless it’s moved again
Small builders: trucking spoil off a lot to a separate property makes your lot the donor site. Either you or the receiver makes the fill determination and starts the FP-001, and the receiver completes Section 3. Taking spoil from someone else’s job makes you the receiving site. Testing the ground first? See our Pennsylvania soil testing guide. Filling near a creek? See stream and creek permits.
Questions
Is it legal to accept free fill dirt in Pennsylvania?
Yes, if it qualifies as clean fill. Under DEP’s Management of Fill Policy, placing waste on the ground generally takes a DEP disposal permit, and clean fill is the exception. Fill that has been affected by a release and isn’t uncontaminated is regulated fill, a waste, and generally can only be used by someone with coverage under General Permit WMGR096.
Do I need a Form FP-001 for a few truckloads of dirt?
The policy sets no minimum amount. It says anyone who wants to use clean fill under the policy completes Form FP-001 and submits it to DEP before the fill moves to the receiving site, whether or not the fill was tested. DEP’s own flyer tells homeowners not to accept free material without documentation.
Who fills out Form FP-001?
The person making the fill determination, either whoever is providing the fill or whoever is receiving it, completes Sections 1 and 2 online. DEP then sends the receiver a PIN to complete Section 3. Once Section 3 is in, both get a copy and the fill can move. Each donor site needs its own form, and both sides keep copies for five years.
Can I use broken concrete or brick as fill?
Used asphalt and brick, block or concrete from construction and demolition count as fill if they’re separate from other waste and recognizable as such. Before demolition, DEP says to strip out anything that isn’t clean fill, such as lead-painted surfaces, friable asbestos, mercury switches and PCB ballasts. Reclaimed asphalt pavement (millings) is handled under a separate DEP coproduct determination, not this policy.
Do I need FP-001 to move dirt around my own job site?
No. The policy doesn’t apply to moving or using fill within a project area or right-of-way, meaning the area of earth disturbance for the project plus the nearby ground needed to finish it. It applies when fill leaves that area for a separate receiving site. Erosion and sediment control rules still apply either way.
What does DEP say to look for in free fill?
A petroleum, oil or garbage odor; plastic, ash, or demolition debris like wallboard, shingles, nails, wood or paint chips; discolored or stained soil; and a source nobody can name. Ask for the FP-001, or a bill of lading if you bought it.
Sources: PA DEP, Management of Fill Policy, No. 258-2182-773 (effective Jan. 16, 2021); PA DEP, Management of Fill Questions and Answers (rev. Dec. 10, 2019); PA DEP, Form FP-001 Certification of Clean Fill (online); PA DEP, Residual Waste Program page (fill policy, limit tables, forms); PA DEP, General Permit WMGR096, Beneficial Use of Regulated Fill; PA DEP, Be Aware of Dirty Dirt flyer (2540-PO-DEP5502, Nov. 2022), posted by Middletown Borough. Checked Nov. 13, 2026.
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Using this guide? Link to it or cite it. It’s free to use with a link back, and we keep it updated against official sources.
Cite as: Muthler Landscaping & Construction, “Pennsylvania Clean Fill Rules,” https://muthlerlandscaping.com/state-guides/pennsylvania/clean-fill-rules/ (last checked November 13, 2026).
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