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:
- Contaminated soils/waste are encountered on property not owned by the utility, and
- 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:
- 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).
- Any excess contaminated material is disposed in accordance with solid and hazardous waste regulations as appropriate.
- 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