401 KAR 47:205. Contents of the application for petroleum-contaminated soil
treatment facilities.
RELATES TO: KRS 224.01, 224.10, 224.40,
224.43, 224.99, 322.010(3), 322A.010(3), 322A.080
STATUTORY AUTHORITY: KRS 224.10-100,
224.40-305
NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100
requires the cabinet to promulgate rules and administrative regulations for the
management, processing, or disposal of wastes. KRS 224.40-305 requires that
persons engaging in the management, processing, or disposal of waste obtain a
permit. This administrative regulation establishes the application requirements
for a petroleum-contaminated soil treatment facility.
Section 1. Definitions.
(1) "Certifying engineer" means
a "professional engineer," as defined by KRS 322.010(3), who implements
the petroleum-contaminated soil treatment facility construction quality assurance
plan.
(2) "Construction progress report"
means the written notice from the applicant to the cabinet that the biopile
liner system and the petroleum-contaminated soil treatment facility is
completed.
(3) "Petroleum-contaminated soil"
means silt, sand, clay, gravel, or other earthen material; or asphalt,
concrete, or absorbent materials containing hydrocarbon concentrations above the
levels established in 401 KAR 48:205, Section 6, Table 3, but does not exhibit
a hazardous characteristic or is not a listed hazardous waste as defined in 401
KAR Chapter 31.
(4) "Petroleum-contaminated soil
treatment facility" means a solid waste site or facility where petroleum-contaminated
soil is treated to reduce contaminant concentrations to or below the levels
established in 401 KAR 48:205, Section 6, Table 3.
Section 2. Objective and General
Requirements. (1) This administrative regulation shall apply to petroleum-contaminated
soil treatment facilities.
(2) Designs, reports, and plans
constituting the public practice of geology, as defined by KRS 322A.010(3),
shall be developed by a person registered as established in KRS Chapter 322A,
except as established in KRS 322A.080.
Section 3. Applicability and exemptions.
(1) Except as provided in subsection (2) of this section, this administrative
regulation shall apply to all applicants for a petroleum-contaminated soil
treatment facility.
(2) Owners or operators of petroleum-contaminated
soil treatment facilities operating under a Class III landfarming permit, in effect
prior to October 6, 2011, shall be exempt from the requirements of 401 KAR
48:205 and this administrative regulation unless:
(a) The facility is required to perform
groundwater corrective action in accordance with 401 KAR 48:300, Section 8;
(b) A major modification application is
filed with the cabinet to expand the waste boundary, in which case the new area
shall meet the requirements of 401 KAR 48:205 and this administrative regulation;
or
(c) A renewal application is not approved
pursuant to 401 KAR 47:130, Sections 5 through 7 and 47:160, Section 5.
Section 4. Application Procedures for Petroleum-contaminated
Soil Treatment Facility Permits. In order to apply for a petroleum-contaminated
soil treatment facility permit, the applicant shall first submit a completed
and notarized form DEP 7128, Notice of Intent to Apply for a Petroleum
Contaminated Soil Treatment Facility Permit (NOI). (1) The NOI shall contain names,
addresses, telephone numbers, and contact information for the applicant;
(a) If the operator is not the owner of
the property where the treatment facility will be located, the operator and
owner shall be co-applicants; and
(b) If the applicant is a government
agency, corporation, company, or partnership, include the name, address,
telephone number, and contact information for the process agent or contact
individual.
(2) The NOI shall be signed in accordance
with 401 KAR 47:160, Section 6.
(3)(a) Once the NOI is complete, the
cabinet shall make a decision to approve or deny.
(b) If the cabinet approves the NOI, the
applicant shall perform the geological site investigation in accordance with
the approved plan contained in the permit application.
(4)(a) Once the geological site
investigation is complete, the applicant shall submit a completed and notarized
form DEP 7129, Application for a Petroleum Contaminated Soil Treatment Facility
Permit which shall specify standards for the construction and operation of the petroleum-contaminated
soil treatment facility in accordance with the requirements established in 401
KAR 48:205.
(b) The application shall be typed or
printed legibly in permanent ink.
(c)1. The application shall contain the
names, addresses, telephone numbers, and contact information for the applicant;
and
2. If the applicant is a government
agency, corporation, company, or partnership, include the name, address,
telephone number, and contact information for the process agent or contact
individual.
(d) 1. The applicant shall submit and
sign the application in accordance with 401 KAR 47:160,
Section 6; and
2. If the operator is not the owner of
the property where the treatment facility will be located, the operator and
owner shall be co-applicants.
(e) The applicant shall deliver a copy of
the application to the county or local governing body where the petroleum-contaminated
soil treatment facility will be located prior to submittal to the cabinet.
(f) The contents of the application shall
be accurate and complete upon cabinet determination to issue a solid waste
permit.
(g) Issuance of
construction and construction - operation permits:
1.a. The cabinet shall issue
a construction permit for no more than five (5) years if, after completing the
review of a complete petroleum-contaminated soil treatment facility permit
application, the applicant for the permit has met the requirements for
application in accordance with KRS 224 Subchapter 40; 401 KAR 47:207, 401 KAR 48:205,
48:206, 48:207, 48:208 and this administrative regulation.
b. The applicant shall
maintain a construction permit in full force and effect until the facility has
been constructed and approved by the cabinet.
2. A construction - operation
permit shall be issued by the cabinet if:
a. The applicant submits the completed
and notarized form DEP 8064, Construction Progress Report for a Petroleum
Contaminated Soil Treatment Facility:
(i) Certifying that the petroleum-contaminated
soil treatment facility construction has been completed in accordance with the
construction permit; and
(ii) Including the findings of the
certifying engineer regarding the quality assurance and quality control testing
in the Construction Progress Report for a Petroleum
Contaminated Soil Treatment Facility;
b. A representative of the
cabinet inspects the site and verifies in writing within thirty (30) days of
the inspection that the site has been developed according to plans and that
necessary equipment is available to operate the site;
c. The financial assurance for
closure as established in Section 9 of this administrative regulation has been
obtained by the applicant; and
d. The applicant submits a
certification by the certifying engineer that the facility is constructed in
accordance with the approved plans and specifications.
(5) In order to continue
operating after March 1, 2013, an owner or operator of an existing petroleum-contaminated
soil treatment facility operating under a current permit shall obtain a petroleum-contaminated
soil treatment facility permit.
(6) For a major modification
to an existing petroleum-contaminated soil treatment facility permit as
established in 401 KAR 47:130, Section 3 that:
(a) Does not increase the
area monitored by the groundwater monitoring system as established in 401 KAR
48:300, Section 4 the owner or operator shall:
1. Submit to the cabinet a
completed and notarized form DEP 7129, Application for a Petroleum Contaminated
Soil Treatment Facility Permit; and
2. Comply with the permit
application procedures as established in this section;
(b) Does increase the area
monitored by the groundwater monitoring system as established in 401 KAR
48:300, Section 4 the owner or operator shall submit to the cabinet a completed
and notarized:
1. DEP 7128, Notice of Intent
to Apply for a Petroleum Contaminated Soil Treatment Facility; and
2. DEP 7129, Application for
a Petroleum Contaminated Soil Treatment Facility Permit; and
(c) Comply with the permit
application procedures as established in this section.
Section 5. Technical Contents
of the Notice of Intent to Apply for a Petroleum Contaminated Soil Treatment
Facility Permit. The
form DEP 7128, Notice of Intent to Apply for a Petroleum Contaminated Soil
Treatment Facility (NOI) shall contain the geological site investigation plan,
which shall be used in compiling the information for the application for a petroleum-contaminated
soil treatment facility permit, including:
(1) An original current USGS seven and
one-half (7.5) minute topographic quadrangle map showing:
(a) Latitude and longitude measurements
for the entrance to the site;
(b) The current and proposed waste treatment
areas;
(c) The property boundaries; and
(d) The area within one (1) mile of the
proposed waste boundary;
(2) A review of information pertaining to
the area within one (1) mile of the proposed waste boundary, including:
(a) Geology including karst features,
structural features, and lithologic description;
(b) Hydrogeology of the groundwater
resources and aquifers that shall be monitored;
(c) Hydrology including streams,
wetlands, and other surface water bodies; and
(d) Caves and excavations, including
mined or quarried areas;
(3) A rock coring plan that includes the
following:
(a) The data needed to evaluate the
geologic features to the level of the first confining layer below the uppermost
aquifer and all geologic units hydraulically connected to the uppermost
aquifer;
(b) The data to describe the site
geology, the local aquifers that are hydrogeologically associated with the
site, and the transmissivity of the aquifers; and
(c) Relevant field data and appropriate
test methods for determining hydrogeologic parameters;
(4)(a) Directions to be used for closure
of the rock core borings using grout.
(b) The closure of the rock corings shall
be acknowledged in writing by a professional engineer or registered geologist
as established in KRS 322 and 322A;
(5) The following minimum surveying
accuracy to be used to determine the location of the rock corings and the soil
borings during the subsurface investigation:
(a) One-tenth (0.1) of one (1) foot vertical;
and
(b) One (1) foot horizontal;
(6)(a) A procedure for written
documentation if the locations of actual subsurface borings or corings are
adjusted in the field; and
(b) The adjusted excavation locations
shall achieve the criteria of this section of this administrative regulation;
(7)(a) The geotechnical investigation map
shall show the location of a minimum of four (4) rock core borings.
(b) For sites with more than fifty (50)
acres, an additional rock core boring shall be required for each additional
twenty-five (25) acres or part thereof.
(c) The placement of the rock core
borings shall be dependent on site geologic features of the proposed site.
(d) Additional rock core borings shall be
required when four (4) rock core borings fail to characterize the geology; and
(8) Other informational sources
researched for site specific attributes, including:
(a) Surface mining permits;
(b) Subsurface excavation and mining permits;
and
(c) Records of the Kentucky Geological
Survey and the Kentucky Department of Natural Resources.
Section 6. Technical Contents of the
Permit Application for a Petroleum
Contaminated Soil Treatment Facility. The following information shall be submitted
on or with form DEP 7129, Application for a Petroleum Contaminated Soil
Treatment Facility Permit:
(1) Facility information including location, total
acreage, and maximum soil treatment volume in cubic yards;
(2) An original, current seven and one-half
(7.5) minute United States Geological Survey quadrangle topographic map with
the proposed facility boundary and the locations of all of the wells and
springs listed in subsection (19) of this section clearly marked;
(3) A site map drawn to scale and prepared
by a professional engineer or land surveyor, licensed pursuant to KRS Chapter
322, showing:
(a) North arrow;
(b) Buffer zones;
(c) Buildings;
(d) Treatment areas;
(e) Storage areas;
(f) Access roads;
(g) Fences;
(h) Gates;
(i) Floodplains;
(j) Floodway;
(k) Wells and springs;
(l) Surface water bodies including ponds;
(m) Property lines;
(n) Monitoring wells; and
(o) Surface water monitoring points;
(4) A certified copy of the recorded deed
and a copy of declaration of restrictions or easements affecting the proposed
permit area;
(5) A scaled deed map showing the current
boundaries of all property proposed for the facility development and buffer
zones, the ownership of these properties, and the ownership of properties adjacent
to the proposed facility property boundary;
(6)(a) The applicant shall provide a copy
of the lease or proposed lease showing the operator’s right of entry during
construction, operation, and closure of the petroleum-contaminated treatment
facility.
(b) The proposed lease shall be executed
prior to permit issuance;
(7) A narrative of the methods that the
owner or operator shall use to comply with the following environmental
performance standards established in 401 KAR 47:030:
(a) Floodplain restrictions;
(b) Endangered and threatened species;
(c) Surface waters;
(d) Polychlorinated biphenyls;
(e) Air;
(f) Safety;
(g) Public nuisance; and
(h) Wetlands;
(8) A narrative description of the liner
design and quality assurance plan as established in 401 KAR 48:205, Section 3;
(9) A detailed contingency plan for
emergencies including fires, equipment failure, and provisions for temporary
storage of waste;
(10) A description of the type of
hydrocarbons and contaminants in the petroleum-contaminated soil as listed in
401 KAR 48:205, Section 5, Table 1;
(11) A description of the type of media
that contains the hydrocarbons;
(12)(a) Characterization of the petroleum-contaminated
soil as required in 401 KAR 48:205, Section 5, to verify the information in
subsection (11) of this section;
(b) Copies of
the laboratory analysis reports prepared for waste characterization;
(13) A written
description of the waste inspection program to ensure that only permitted petroleum-contaminated
soils are accepted for treatment as established in 401 KAR 48:205, Section 4;
(14) A description of the treatment
process and equipment to be used to meet the requirements established in 401
KAR 48:205, Section 6 including the following items:
(a) Equipment to be used including
manufacturer performance data;
(b) Use of fertilizers, inoculants, or
enzymes;
(c) Monitoring plan including sampling
frequency and analysis to verify the reduction of contaminants to or below the
levels in 401 KAR 48:205, Section 6, Table 3;
(d) Estimated times to complete
treatment;
(e) Sampling plan to document that
treatment has been completed in accordance with 48:205, Section 6, Table 3; and
(f) Storage of soil meeting the treatment
standards of 48:205, Section 6, Table 3;
(15) Treated soil specifications for the
constituents found during waste characterization that are not listed in 401 KAR
48:205, Section 6, Table 3;
(16) A marketing and distribution plan
for the treated media;
(17) The design and specifications for
the roofed structure containing a concrete pad or liner as established in 401
KAR 48:205, Section 3;
(18) The results from the geological site investigation
required in the approved NOI shall include the following:
(a) A description of the regional bedrock
geologic structure to include the regional stratigraphic strike and dip, the
locations and attitudes of regional faults and folds, and regional jointing
trends;
(b) A description of the site specific
geologic structure to include:
1. Site specific stratigraphic strike and
dip;
2. The locations and attitudes of faults
or folds intersecting the site; and
3. The attitudes and spacing of joints;
(c) A brief description of the influence
that fracture zones have on the movement of infiltrated water and groundwater;
(d) A minimum of two (2) geologic cross
sections, using published data, bedrock outcrops, and rock coring information
depicted on scaled drawings with vertical exaggeration, and shall include the
following:
1. The seasonal high groundwater table;
and
2. Rock outcrop occurrences; and
(e) A map depicting the property, the
proposed limits of waste, and the area at least 1,500 feet from the limits of
waste at a scale of one (1) inch equals 400 feet that shows the following:
1. Geologic units, and rock outcrops;
2. Surface depressions, sinkholes, and
springs;
3. Faults, folds and structural contours;
4. Location of wells used for water
withdrawal, and injection of fluids;
5. Location of rock core borings; and
6. Surface contours;
(19) The following hydrogeologic
characterization:
(a)1. The hydrologic characteristics of
the uppermost aquifer and the geologic units hydraulically connected to it,
including field test data for hydraulic conductivity, storage coefficient, and
transmissivity; and groundwater hydraulic gradient and velocity.
2. The description of these
characteristics shall be based on multiple well aquifer tests, piezometer nest
evaluation, core evaluation, and other methods common to the practice of
geology pursuant to KRS 322A.
3. In karst terrain, both diffuse and
discrete flow conditions shall be characterized.
4. The groundwater quality
characterization, as established in 401 KAR 48:300, Section 3 shall be
included.
5. The application shall include data,
procedures, and calculations used to determine these characteristics;
(b) Tracer studies. If the petroleum-contaminated
soil treatment facility overlies fractured bedrock, weathered limestone, or
dolomite bedrock; or where karst terrain cannot be avoided, the cabinet shall
require tracer studies before finalizing the groundwater monitoring plan using
springs as monitoring points as established in 401 KAR 48:300, Section 4; and
(c)1. A survey and listing of residential
springs and water wells within one (1) mile of the proposed waste treatment
areas.
2. The survey shall determine the
location of springs and wells, which shall be shown on a map with their
approximate elevation, depth, name of owner, age, and usage of the spring or
well, stratigraphic unit, well construction, static well levels, spring or well
yield, and water quality;
(20)(a) Groundwater and surface water
monitoring plans prepared in accordance with Section 7 of this administrative
regulation.
(b) Groundwater and surface water monitoring
plans shall include identification and labeling of monitoring wells and surface
water monitoring points on the site map required by subsection (4) of this
section;
(21) Certification that a copy of the
application has been delivered to the governing body of the solid waste
management area in which the petroleum-contaminated soil treatment facility
will be located; and
(22) A plan for the closure of the petroleum-contaminated
soil treatment facility describing how the property will be restored or improved
in accordance with 401 KAR 48:205, Section 7.
Section 7. Public Information Process for
Petroleum-contaminated Soil Treatment Facilities. The cabinet and applicant
shall comply with the public information requirements for petroleum-contaminated
soil facilities established in 401 KAR 47:207.
Section 8. Surface Water and Groundwater
Monitoring, Assessment Monitoring, and Corrective Action Plan. (1) The form DEP
7129, Application for a Petroleum Contaminated Soil Treatment Facility Permit,
shall include a surface water and groundwater monitoring plan as established in
401 KAR 48:300, Sections 2 and 4.
(2) As established in 401 KAR 48:300,
Section 8, an owner or operator of a petroleum-contaminated soil treatment
facility shall submit an assessment or corrective action plan, if required.
Section 9. Alternative Specifications.
Alternative specifications may be used. If alternative specifications are used,
they shall be used only after approval by the cabinet upon a certification by a
professional engineer or, for geological studies, a professional engineer or a
registered geologist, as established in KRS 322 and 322A, that the alternative
specifications will result in performance with regard to safety, stability, and
environmental protection equal to or better than that resulting from designs
complying with the specifications of this administrative regulation.
Section 10. Financial Assurance. (1) The
owner or operator shall comply with the closure financial assurance
requirements established in 401 KAR 48:310 and KRS 224.40-650.
(2) The amount of the closure financial
assurance shall be equal to the closure cost estimate amount specified in the
permit as established in 401 KAR 48:205, Section 7.
Section 11. Incorporation by Reference. (1)
The following materials are
incorporated by reference:
(a) "Notice of Intent to Apply for a
Petroleum Contaminated Soil Treatment Facility Permit", DEP 7128, April
2011;
(b) "Application for a Petroleum Contaminated Soil Treatment
Facility Permit", DEP 7129, April 2011; and
(c) "Construction
Progress Report for a Petroleum Contaminated Soil Treatment Facility", DEP
8064, April 2011.
(2) This material may be inspected,
copied, or obtained, subject to applicable copyright law, at the Division of
Waste Management, 200 Fair Oaks Lane, Second Floor, Frankfort, Kentucky 40601, Monday
through Friday, 8 a.m. to 4:30 p.m. This
material is also available on the Division of Waste Management’s Web site at http://waste.ky.gov. (37 Ky.R. 2778; 38
Ky.R. 290; 550; eff. 10-6-11.)
