Morris County prosecutor warns of 'free fill' contaminated soil scams

If an offer of "free dirt" sounds too good to be true, it probably is.

That's the warning Morris County Prosecutor Robert Carroll wants to reach homeowners, contractors and landscapers looking to cut costs on their property work.

Carroll, taking note of recent incidents in Sussex County, issued an advisory on Wednesday about scammers offering “free fill" or "free clean dirt." The fraudsters hope to illegally dispose of potentially contaminated material and avoid proper disposal fees and related costs. 

Warning on 'clean fill' scams

Carroll cited a New Jersey Department of Environmental Protection advisory that “clean fill” can be sold or offered free of charge, but it may contain contaminants that should not be used on residential property.

"We thought it would be prudent to get something out so that people who are buying will be aware there are unscrupulous people in this area and may be selling dirt that may not be clean," he said.

Soil and fill pitched on social media or other websites may contain pollutants or other regulated waste materials, Carroll warned.

NJ 'Dirty Dirt' law sets regulations

As a result of concerns related to illegal dumping, New Jersey’s “Dirty Dirt” legislation went into effect last year. It requires individuals and businesses actively engaged in soil and fill recycling services to register with the DEP.

Investigation:Explosive, flammable, carcinogenic: NJ neighborhoods put at risk by the hazards next door

"That dirt or fill may contain other debris or materials generated from land clearing, excavation or demolition, activities that would otherwise be managed as solid waste," Carroll explained. "Individuals or businesses may do so to avoid the expense associated with properly registering, storing or disposing of such soil."

Those costs can include heavy fines for those who do not store and dispose of contaminated fill according to state regulations.

Sussex County arrest

Carroll cited a case from last year in which a Superior Court judge, at the request of the state's acting attorney general, ordered the arrest of a Vernon man for flouting court mandates to clean up what was described as a seven-story mountain of waste on his property. 

How to avoid contaminated soil scams

Consumers can request information from sellers on the origin of fill material as well as testing results to demonstrate that it is not contaminated above established residential soil remediation standards, the prosecutor said.

The office also encouraged residents to be on the lookout for suspicious situations, for example when a pile of dirt or debris is expanded on a local property or when loaded dump trucks repeatedly visit secluded locations.

Residents may report illegal dumping to the DEP by calling 877-WARN-DEP or the Morris County Division of Public Health Environmental Services at 973-631-5486. More information about the dangers of "dirty fill" can be found on the DEP website.

William Westhoven is a local reporter for DailyRecord.com. For unlimited access to the most important news from your local community, please subscribe or activate your digital account today.

Email: wwesthoven@dailyrecord.com 

Twitter: @wwesthoven