We dug a foundation for a new building a couple of years ago. The soil was tested and was found to have sufficient lead and arsenic contamination that we had to pay to have the soil disposed of as hazardous waste rather than be able to send it to a landfill. We're putting up another building and will need to dig another hole, though not near so big as before. The new hole is near the old, so it is extremely likely that this soil will be contaminated as well. (Please note that this contamination came with the soil when we bought the property - we have not spilled anything.)
My question is this: Once we've dug the hole, is it legal to use the soil onsite to enhance landscaping (i.e. create a birm) rather than dispose of it as hazardous waste?
Thanks for your help.
Todd