Guidance for Utility Company Excavation

The Department of Energy & Environmental Protection (DEEP) currently recommends the following procedure to be followed by utilities that encounter contaminated soil during repair or construction activities. This applies to cases where:

  1. Contaminated soils/waste are encountered on property not owned by the utility, and
  2. Contamination was not created by the utility.

The utility may reuse the contaminated soil in the same excavation within the same area of concern without prior approval by DEEP provided:

  1. Any condition that would be a significant existing release as defined in RCSA 22a-134tt-1(e) is reported by the utility, as required under RCSA 22a-134tt-3(c).
  2. Any excess contaminated material is disposed in accordance with solid and hazardous waste regulations as appropriate.
  3. The upper 1 foot of the excavation is filled with clean fill material or paved.

Any sampling required to make a determination as to whether a significant environmental hazard exists or how excess spoils will be disposed will be the responsibility of the public or private entity performing the excavation.

Content Last Updated September 24, 2026