Current through Register Vol. 48, No. 39, March 25, 2024
Subpart 1.
Land treatment site
background information.
The application must contain the following information:
A. name, business name, address, and
telephone number for the following persons:
(1) the owner;
(2) any person who is in possession of, has
the right of control, or controls the use of real property, including without
limitation a person who may be a lessee, renter, tenant, contract for deed
vendee, licensee, or occupant, where the land treatment site is
proposed;
(3) the operator;
and
(4) the person or persons who
completed the application;
B. legal description of the real property
where the land treatment site is proposed, including quarter section, section,
township, range, town or city name, and county; and
C. area of land proposed for land treatment
in square feet or in acres to the nearest one-tenth acre.
Subp. 2.
Land treatment site and native
soil characterization.
The applicant shall demonstrate that the land treatment site
meets the requirements of parts
7037.0900 and
7037.1000 and that the petroleum
contaminated soil storage area meets the requirements of part
7037.1000, subpart 6. The
application must include the information in items A to I.
A. A Soil Conservation Service soil survey
map if the real property where the land treatment site is proposed is located
within a county where a soil survey has been conducted. If the property
containing the proposed land treatment site has not been mapped by the Soil
Conservation Service, an applicant shall submit a comparable map prepared by a
soil scientist with mapping experience based on an on-site investigation. The
map must show the borders of the land treatment site and the storage areas for
petroleum contaminated soil.
B.
Information pertaining to the land treatment site and petroleum contaminated
soil storage areas obtained from a Soil Conservation Service soil survey
report, Soil Conservation Service soil interpretation records, or on-site
investigation by a soil scientist, including:
(1) thickness of each soil horizon within the
treatment zone;
(2) permeability of
each soil horizon within the treatment zone;
(3) percentage of organic matter in the upper
eight inches of native soil;
(4)
depth to seasonal high water table;
(5) depth to bedrock; and
(6) slope of the land surface.
Subitem (4) need not be included if the land treatment site is
drained with a subsurface tile drainage system which is designed according to
or equivalent to Soil Conservation Service engineering standards and criteria
and is installed at a minimum depth equal to the minimum thickness of the
treatment zone as given in part
7037.1000, subpart 5.
When requested by the commissioner, the applicant shall perform
an on-site investigation. The commissioner shall require an on-site
investigation if the Soil Conservation Service soil survey lacks adequate
detail, is out of date, or has historically been inaccurate.
The results of any on-site investigations must be submitted.
This information must clearly indicate the methodology used to evaluate the
native soil and the results. For sites that are not underlain with tile
drainage, this documentation must include the existence, depth, and Munsell
color of soil mottles and Munsell color of the soil matrix.
C. A map of the land treatment
site, petroleum contaminated soil storage areas, and surrounding area within
one-quarter mile of the site. The map must be drawn to a scale not greater than
200 feet per inch and must show the general topography with contours and
drainage patterns and the following features, if present:
(1) lakes and ponds;
(2) rivers and streams;
(3) wetlands;
(4) intermittent streams and drainage
ways;
(5) tile drainage
inlets;
(6) sinkholes, caves, and
exposed bedrock;
(7) potable water
supply wells;
(8) places of
habitation;
(9) recreational
areas;
(10) property lines;
and
(11) any other land treatment
site used within the previous five years.
D. A map of the tile drainage system, if
present, showing the borders of the land treatment site and storage areas for
petroleum contaminated soil.
E. A
list of the land treatment sites under item C, subitem (11), with corresponding
volumes of petroleum contaminated soil treated at each land treatment
site.
F. Information pertaining to
the existence of filter strips, if required under part
7037.1000, subpart
2.
G. Information pertaining to run-on
prevention, as described in part
7037.1000, subpart
3.
H. A description of any previous use of the
land treatment site for treatment or disposal of wastes.
I. A copy of a county plat map or comparable
map which provides clear road directions to the land treatment site.
Subp. 3.
Local government
notification.
An applicant shall furnish a copy of the application to the
county auditor or other person designated by the county board to receive
notifications; the city clerk or other person designated by the city council to
receive notifications; in the case of towns, the town clerk or town chair as
determined by resolution of the town board; and in the case of tribal-owned or
Indian-owned land within a reservation, the appropriate official of the tribal
authority. An applicant shall provide the commissioner with documentation that
the appropriate local government officials have been notified that an
application will be submitted to the commissioner for approval of the proposed
land treatment site in accordance with the following:
A. signatures of the appropriate local
government officials on the application form acknowledging notification;
or
B. submittal of a copy of the
certified mail return receipt that was sent to the applicant by the appropriate
local government officials in response to receiving the application by
certified mail.
Subp. 4.
Border marking.
At the time an application to land treat petroleum contaminated
soil is submitted to the commissioner, the borders of the proposed land
treatment site must be marked on all corners and midway between all corners
using conspicuous stakes or flags.