Current through Register Vol. 39, No. 6, September 16, 2024
(a) For all
applications the following shall be submitted to the permitting agency by the
applicant:
(1) a chemical analysis of the
contaminated soil to be remediated, including total petroleum hydrocarbons
(TPH), semivolatile and volatile organics, pH, and heavy metals. All methods
and procedures shall be in accordance with
15A NCAC
02H .0800;
(2) a determination of hazardous waste
constituents using the Toxicity Characteristic Leaching Procedure (TCLP)
described in 40 CFR
261.24. Any substance shall be considered a
hazardous waste if the results of the TCLP analysis indicate concentrations of
constituents greater than the federal regulatory level, unless documentation is
provided showing that the contaminated soil is not a hazardous waste and is
within the scope of this Section as provided in Rule .1501 of this Section. A
TCLP analysis shall be required for all applications for a permit to dispose of
petroleum-contaminated soil in accordance with the following criteria:
(A) If the source of the soil contamination
is a virgin (unused) petroleum product from an underground storage tank
regulated under Subtitle I of RCRA, the contaminated soil shall not be
considered a hazardous waste and no TCLP analysis shall be required. In lieu of
the TCLP analysis, certification of soil contamination from a virgin petroleum
product shall be required.
(B) If
an analysis of the virgin (unused) petroleum product is submitted showing
concentrations less than the regulatory level associated with the constituents
of the TCLP analysis (Table II.2 of the Federal Register, Volume 55, No. 61),
the contaminated soil shall not be considered a hazardous waste and no TCLP
analysis shall be required.
(C) For
soils contaminated with used motor oil, the soils shall be considered hazardous
unless proven otherwise by a TCLP analysis for volatile organics and metals
(EPA Hazardous Waste Nos. D004-D011).
(D) For soils contaminated by waste oil, a
TCLP analysis for all constituents in Table II.2 of the Federal Register,
Volume 55, No. 61, with the exception of pesticides and herbicides, shall be
required.
(E) For soils
contaminated with petroleum products not regulated under Subtitle I of RCRA,
excluding used motor and waste oils, the soils shall be considered hazardous
waste until proven otherwise.
(3) a site map showing location information
of boundaries and physical features with a horizontal scale of one inch equals
100 feet or less and topographic contour intervals not exceeding 10 feet or 25
percent of total site relief, whichever is less, and including the following:
[Note: The North Carolina Board of Examiners for Engineers
and Surveyors has determined, via letter dated December 1, 2005, that locating
boundaries and physical features, not pursuant to the purview of other licensed
professions, on maps pursuant to this Paragraph constitutes practicing
surveying under G.S. 89C.]
(A) all
property boundaries and all structures within the treatment, storage, and land
application areas;
(B) the location
of all wells, springs, lakes, ponds, or other surface drainage features within
500 feet of the waste disposal site;
(C) setbacks as required by Rule .1506 of
this Section; and
(D) all
residences or places of public assembly under separate ownership within 400
feet of the waste disposal site;
(4) for disposal sites encompassing more than
one acre, confirmation that an erosion control plan has been submitted to the
Division of Land Quality or its designee;
(5) the volume of contaminated soil to be
remediated; and
(6) a landowner
agreement to allow the use of the property for the purpose of remediating
contaminated soil. The agreement is not required when the permit applicant is
the sole landowner.
(b)
For soil remediation at minimum rates the following shall be submitted to the
permitting agency by the applicant:
(1) a
calculation of the area required for land application, using the maximum
application thickness of one inch;
(2) an indication of cover crops;
and
(3) proof of written
notification in the form of certified mail return receipts to each city and
county government having jurisdiction over any part of the land over which
disposal is to occur.
(c) For soil remediation at conventional
rates at dedicated or non-dedicated sites, the following shall be submitted to
the permitting agency by the applicant:
(1) a
soils evaluation report of the disposal area to evaluate the soil to a depth of
five feet. The report shall include:
[Note: The North Carolina Board for Licensing of Soil
Scientists has determined, via letter dated December 1, 2005, that preparation
of soils reports pursuant to this Paragraph constitutes practicing soil science
pursuant to G.S. 89F.]
(A) field
descriptions of texture, color, and structure;
(B) depth and thickness of soil
horizons;
(C) presence of any
restrictive horizons;
(D) depth to
seasonal high water table;
(E) soil
pH and cation exchange capacity; and
(F) estimates of liming and fertilization
requirements;
(2) the
calculation of the size of the disposal area and thickness of
application;
(3) a description of
the proposed cover crop;
(4) a site
maintenance plan;
(5) for dedicated
sites only, proposed groundwater quality monitoring well network; and
(6) proof of written notification in the form
of certified mail return receipts to each city and county government having
jurisdiction over any part of the land over which disposal is to
occur.
(d) For
containment and treatment the following shall be submitted to the permitting
agency by the applicant:
(1) a soils
evaluation report of the disposal area to evaluate the soil to a depth of five
feet. The report shall include:
[Note: The North Carolina Board for Licensing of Soil
Scientists has determined, via letter dated December 1, 2005, that preparation
of soils reports pursuant to this Paragraph constitutes practicing soil science
pursuant to G.S. 89F.]
(A) field
descriptions of texture, color, and structure;
(B) depth and thickness of soil
horizons;
(C) presence of any
restrictive horizons; and
(D) depth
to seasonal high water table;
(2) the plans and specifications of the soil
containment vessel and any associated leachate collection system, including the
operating thickness of the soil to be contained and treated; and
(3) a description of the chemical or
biological additives used in treating the contaminated soil.
(e) For containment and
utilization at brick, asphalt, or other production facilities, a site
management plan consisting of a complete description of all operational
procedures related to the handling of soils at the proposed facility, shall be
submitted to the permitting agency by the applicant, including:
(1) a description of the staging area or
areas designated for initial placement of the contaminated soils;
(2) the method of placing the soils in the
containment area or areas;
(3) the
average time the soils will remain in the containment area or areas;
(4) the method of incorporation of the soils
into the production facility's product materials; and
(5) the method of containment and disposal of
any leachate or runoff resulting from the containment and storage of
contaminated soils.
(f)
For soil remediation using mobile or portable self-contained facilities, the
following shall be submitted to the permitting agency by the applicant:
(1) a description of the treatment system,
including procedures for controlling any vapors or liquid or solid by-products
of the treatment process;
(2) the
method by which any by-product will be disposed;
(3) the predicted average concentration of
contaminants in the untreated soil;
(4) the sampling procedures and analytical
methods by which the concentrations and types of contaminants in the treated
soil will be determined;
(5) the
method of disposal of the treated soil; and
(6) for applications proposing to stage
soils, a description of the method proposed to prevent contact of contaminated
soil with the environment.
Authority
G.S.
143-215.1;
143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. January 1,
2018.
