401 KAR 47:205. Contents of the application for petroleum contaminated soil treatment facilities

Link to law: http://www.lrc.ky.gov/kar/401/047/205.htm
Published: 2015

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      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.)