APRIL 2005 CROW TRIBAL LEGISLATURE

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BILL NO. CLB05-13

INTRODUCED BY CARL E. VENNE, CHAIRMAN

CROW TRIBAL EXECUTIVE BRANCH

A BILL FOR AN ACT ENTITLED “CROW TRIBAL LANDFARM ACT” TO ADOPT

AN ORDINACE FOR SAFE AND PROPER MANGEMENT OF CONTAMINATED

SOIL TREATED BY LANDFARMING, THE PERMITTING OF LANDFARM

TREATMENT FACILITIES AND SITING OF FACILITIES.

Pursuant to the authority vested in the Legislative Branch of the Crow Tribe by

and through its organic document, the Constitution and Bylaws dated July 14, 2001, and

particularly Article V Section 2 (a) and (c) and its authority to provide for the health,

safety, morals and welfare of the Tribe, the Crow Tribal Legislative Branch of the Crow

Tribe hereby adopts this Ordinance which shall establish a program of regulation to

safely and properly manage contaminated soil to be treated by landfarm practices,

permitting of landfarm treatment facilities and siting of facilities.

- Tn any suit, action or proceeding involving the validity or enforcement of or

relating to any of its contracts, the Crow Tribal Environmental Quality Council shall be

conclusively deemed to have become established and authorized to transact. business and

exercise its powers upon proof of the adoption of this Ordinance by the Legislative

Branch of the Crow Tribe and approved by the Chairman of the Crow Tribe. A copy of

this Ordinance duly certified by the Secretary of the Executive Branch shall be

admissible in evidence in any suit, action or proceeding.

ARTICLE I

DECLARATION OF NEED

It is hereby declared:

1. That within the exterior boundaries of the Crow Indian Reservation there is a,

responsibility and need for the Crow Tribe to protect the public health and

safety, the health of living organisms, and the environment from the effects

of the improper, inadequate, or unsound management of contaminated soils.

2. That there is need to develop a program of regulation over contaminated

soils and the generation, storage, treatment and disposal of contaminated

soils within the Crow Reservation.

3. That it should be the responsibility of the Crow Tribal Environmental

Department to issue Licenses and Permits for landfarm practices and to

enforce standards and procedures for the protection of the environment.

4. Any tules created to implement policy by the council shall be approved at

the Legislative session or special session for approval including the signature

of the Chairman prior to becoming enforceable.

CERTIFICATION

I hereby certify that the adoption of this Bill was duly approved by the Crow

Tribal Legislature with a vote of 15 in favor, __0 opposed, and__0 abstained and

that quorum was presented on this__19th_ _ day of April 2005.

Se he wr

Speaker of the House _)

Crow Tribal e Howe

ATTEST:

Lous Cow Tribal Legislature

EXECUTIVE ACTION

//Liereby

__f_. approve,

veto

this Bill, Crow Tribal Landfarm Act pursuant to the authority vested in the Chairman of

the Crow Tribe ty Anes Arti le V, Section 8 of the Constitution and Bylaws of the Crow Tribe

of Indians, on this ed day of WA 7 , 2005.

G E. Venne, Chairman

Crow Tribal Executive Branch

Bill or Resolution Number(LBQs- /3 Introduced by: Ezgutve Date of Vote_4/* LF: OS”

Representative

Yes No ’ Abstain

B. Cloud

C. Goes Ahead Lo

O. Costa WA

V. Crooked Arm

R. Tron VA

J. Stewart VA

E. Fighter VA

L. Costa A

L. Hogan VA

D. Old Elk WA

K. Real Bird

E. Pease v4

S. Medicine Horse vA

L. Not Afraid vA

P. Real Bird VA

D. Wilson

J. Stone

Secretary of the House

W. Plain Feather

Speaker of the House

Totals: oO _O

Res Vote:

Passed "wae yO pe —9 Override

Signature of ome Xan 19 OS

Crow Tribal Landfarm Act

1 Short Title. This part shall be known-and may cited as the “Crow

Tribal Landfarm Act”.

2 Purpose. (1) The Legislature finds that the safe and proper

management of contaminated soil to be treated by landfarming, the permitting of

landfarm treatment facilities, and the siting of facilities are matters for Crow Tribal

regulation and are environmental issues-that should properly be addressed and controlled

by the tribe.

(2) It is the purpose of this part and it is the policy of this tribe to protect-the

public health and safety, the health of living organisms, and the environment from the

effects of the improper, inadequate, or unsound management of contaminated soils; to

establish a program of regulation over contaminated soils and the generation, storage,

transportation, treatment, and disposal of contaminated soils; to ensure the safe and

adequate management of contaminated soils within the boundaries of this tribe, and to

authorize the department to adopt, administer, and enforce a Landfarm program.

3 Non-Landfarm Soil Treatment Facilities. (1) The licensee of a

facility that uses non-landfarm remediation techniques (thermal, land application, biopile

treatment technology, or other methods approved by the department) shall obtain

department approval prior to accepting any contaminated soil for treatment or storage.

Any non-landfarm remediation technique must protect human health and the environment

at a level commensurate with the landfarm standards provided in this subchapter.

4 Siting Standards For Landfarm Soil Treatment Facilities and

One-Time Landfarms. (1) The department may not issue a license for a landfarm

facility unless it is located on a site meeting the following standards:

(a) asufficient acreage of suitable land must be available to manage all

contaminated soils on site;

(b) not located in a zoned residential area or other area where the facility

is otherwise prohibited;

(d) _ not located in a wetland;

(e) located in an area that will not result in the pollution of ground and

surface waters or any public or private water supply system; Specifically, treatment cells:

(i) must be more than 1,000 feet away from domestic water wells;

(ii) must be more than 500 feet away from any residential property boundary;

(iii) may not be located within 100 feet from the mean high water mark of surface water,

or within 100 feet from the centerline of an intermittent drainage;

(iv) ~ must be at least 25 feet vertical separation between the bottom of the

treatment zone and the uppermost aquifer's seasonally high water level beneath the

facility;

(63) a facility may not be located within 200 feet (60 meters) of an unstable

area unless the licensee demonstrates to the department that an alternative setback

distance of less than 200 feet (60 meters) will prevent damage to the structural integrity

of the treatment unit and will be protective of human health and the environment;

(g) the soil below the treatment zone must not exceed a hydraulic

conductivity of 1 x 10-5 cm\sec to a depth of 3 feet, and documentation of hydraulic

conductivity must be provided by a department approved methodology; and

(h) a facility must be located and managed to allow for reclamation and

reuse of the land.

(2) One-time landfarms may not be located within one mile of another landfarm

facility.

5 Design Criteria For Landfarm Soil Treatment Facilities. (1)

Facilities where the soil below treatment zone (BTZ) has not been documented to meet

the standards set forth in 4(1){g) must be constructed with a composite or synthetic

barrier layer meeting the design standards of [5] (1) and (4).

(2). Where the depth to the uppermost aquifer's seasonally high water level has

been proven to be greater than 25 feet, but less than 50 feet, the licensee shall monitor

groundwater according to a department approved plan.

(3). An intermediate or major landfarm facility must be designed to:

(a) restrict access to the facility through the use of fences and locking gates;

(b) establish a treatment cell slope gradient of 2% or less;

(3) berms must be constructed around the perimeter of each treatment cell;

(ii) berms and other surface water run-on and run-off controls must be designed to

withstand a 24-hour, 25-year precipitation event; and

Gii) berms must be constructed of clay or suitable material that can be compacted to

prevent storm water migration; and

(d) allow the sampling of soil and soil interstice below treatment zone

("BTZ") in a manner that protects the competency of the BTZ.

(4) Only an intermediate or major landfarm facility may accept liquid loads

incapable of passing a paint filter test according to EPA Method 9095. Such a facility

must have a surface impoundment that meets the following

criteria:

(a) the liner and berms must be designed to meet a compacted soil standard of at least 2

feet-of 1x10-7 cm\sec hydraulic conductivity; or

(i) the basin and berms must be lined with synthetic fabric meeting this requirement; or

(ii) the basin and berms must contain a composite liner meeting this requirement;

(b) construction of the surface impoundment liner and berms must be verified by means

of construction quality control (CQC) and construction quality assurance (CQA)-plans

and testing for construction of these elements in accordance with submitted design

specifications; and

plans, and a final report on the construction, prior to accepting liquid waste;

; (5) A soil treatment facility that stockpiles or stores contaminated soils outside of

the bermed treatment cell must meet the following criteria:

(a) there must be a specific storage area with a sufficient depth of low-permeability

subsoils or liners to prevent potential migration of contaminants;

(b) the licensee shall identify the storage area on the facility map and in the plan of

operations.

(d) the subsurface. of any unlined storage area must be sampled upon removal of the

stockpiled soil to test for contaminant infiltration;

(e) the storage area must meet the requirements of (1) of this rule.

- (6) A licensee of a minor landfarm shall restrict public access by a method

approved by the department. Access may be restricted through a combination of natural

and artificial barriers.

. (7) Alicensee.of a minor landfarms shall prevent pollution of Crow Tribal waters

through ihe use. of appropriate run-on and run-off controls.

6 Application For Landfarm Facility Licence. (1) An applicant for a

landfarm facility license shall submit the application materials specified; any owner or

operator wishing to establish a solid waste management system shall first submit an

original application and 3 copies for a license to the department. The application must

be signed by the person responsible for the overall operation of the facility. The

department shall furnish application forms to interested persons. Such forms shall

require at least the following information:

(1) name and business address of applicant;

(2) _ legal and general description and ownership status of the proposed

locations, including the land owner's name and address;

(3). documentation of ownership of the property or documentation

demonstrating that the applicant has the right to operate a solid waste management

system on the property;

(4) __ total acreage of proposed facility;

(5). _ population size and centers to be served by the proposed facility;

(6) name, address, and location of any public airports within 5 miles of the

proposed facility;

(7). _ location of any lakes, rivers, streams, springs, or bogs, onsite or within 2

miles of the facility boundary;

(8) _ facility location in relation to the base floodplain of nearby drainages;

(9) pertinent water quality information;

(10) geological, hydrological, and soil information, including at least the

following:

(a) Class II disposal facilities must submit geological, hydrological, and soil

information that includes the following at a minimum:

@ a hydrogeological and soils study as specified in [12];

Gi types and regional thickness of unconsolidated soils materials;

(iii) types and regional thickness of consolidated bedrock materials;

(iv) regional and local geologic structure, including bedrock strike and dip, and

fracture patterns;

(vy) geological hazards including but not limited to slope stability, faulting, folding,

rockfall, landslides, subsidence, or erosion potential, that may affect the design and

operation of the facility for solid waste management;

(vi) depth to and thickness of perched ground water zones and uppermost aquifers;

(vii) information regarding any domestic wells within one mile of the site boundary,

including well location, well depth, depth to water, screened intervals, yields and aquifers

tapped;

(viii) an evaluation of the potential for impacts to existing surface water and ground water

quality from the proposed facility for solid waste management;

(b) _ transfer station and Class ITT and Class IV disposal facility applications must

include sufficient soils, hydrologic and geologic information so that the department can

evaluate the proposed safety and environmental impact of the proposed design;

the following must be submitted for Class IV disposal facilities;

( — Ground water monitoring at a facility may be waived by the department if the

facility owner or operator can demonstrate there is no potential for hazardous constituents

to contaminate the uppermost aquifer.

Gi) —_ No-migration petitions must be accompanied by facility specific data and studies

and must be certified by a qualified ground water scientist. No-migration

demonstrations must be based on:

(1) Site-specific field collected measurements, sampling, and analysis of physical,

chemical, and biological processes affecting contaminant fate and transport; and

(2) Contaminant fate and transport predictions that maximize contaminant migration

and consider impacts on human health and environment.

(iii) | No-migration petitions must demonstrate that ground water will not become

contaminated for at least 30 years after the entire facility is closed.

(iv) The department may deny any no-migration petition or variance if the department

determines that insufficient data and studies exist to demonstrate no potential for

migration of contaminants or leachate at a facility.

(vii) The department may require the installation of vadose zone monitoring devices,

piezometers or saturated zone monitor wells as part of a ongoing no-migration

demonstration.

(11) _ present uses of adjacent lands and the owner's name and current address;

(12) zoning information;

(13) site maps and plans, drawn to a convenient common scale, that show the

location and dimensions of any planned excavations, buildings, roads, fencing, access, or

other structures proposed on-site;

(14) in addition to the above required site plan, all facilities which manage

Group I -waste must submit technical design specifications and a site plan that includes

the following:

(a) the type, quantity, and location of any material that will be required for use as a

daily and intermediate cover over the life of the site and facility;

(b) _ the type and quantity of any material that will be required for use as liner material

or final cover, including its compaction density and moisture content specifications, the

design permeability, and construction quality control and construction quality assurance

plans;

(d) _the location and depths of any proposed fill or processing areas;

(©) _ the location, dimensions, and grades of any surface water diversion structures;

(63) the location and dimensions of any surface water containment structures,

including those designed to impound contaminated runoff leachate, sludge, or liquids for

evaporative treatment;

(g) _ the location of any proposed monitoring points for surface water, ground water

quality, and explosive gases;

(h) the location, type, and dimensions of any fencing to be placed on-site;

@ the final contours and grades of any fill surface after closure;

@ the location of each discrete phase of development;

(k) the design details and specifications of any final cap, liner, and leachate collection

and removal system, including construction quality control and assurance plans and

testing for construction of these elements of design;

@ a location map showing all the proposed structures and areas for unloading,

baling, compacting, storage, and loading, including the dimensions, elevations, and floor

plans for these structures and areas, including the general process flow; and

(m) the design details and specifications of the facility's drainage, septic and water

supply systems;

(15) _ other maps, drawings related to the design or environmental impact of the

proposed facility;

(16) name and address of individual operator;

(17) _ proposed operation and maintenance plan;

(18) other information necessary for the department to comply with the Crow

Tribal Environmental Policy Act chapter 1, parts 1-3;

(19) closure and post-closure care plans; and

(20) Reserved.

(2) An applicant for an intermediate or major landfarm facility license shall also

provide the following information for department review and

approval:

(a) information regarding liability insurance and any other insurance relating to the

facility; and

(b) technical design specifications, construction plans, and a detailed site plan that

contain the following:

(i) the location and logs for any soil sample, test pit, boring, or well used to determine

site characteristics;

(ii) the type, quantity and source of any material that will be used as liner and berm

material, including its compaction density and moisture content specifications, the design

permeability, and construction quality control and construction quality assurance plans;

(iii) the design and location of any proposed storage or treatment areas;

(iv) the design and location of any liquid containment or storage structures, including

those designed to impound or recirculate run-off, leachate, or other liquids for

evaporative treatment or irrigation;

(v) the location, dimensions, and grades of any surface water diversion and drainage

structures;

(vi} monitoring system design specifications, and the proposed location of monitoring

points for contaminant migration,

(vii) the location, type, and dimensions of any fencing to be placed on-site;

(viii) the projected final contours and grades of all treatment cells after closure;

(ix) the location of each discrete phase of development; and

(x) the design details and specifications of any septic or water supply systems.

7 Requirements For The Operation And Maintenance of Landfarm

Facilities. (1) A person operating an intermediate or major landfarm facility within the

Crow Reservation boundaries shall:

(a) submit a quality assurance/quality control (QA/QC) plan and protocol for waste, soil

and water sampling events;

(i) the analytical test methods must be consistent for each treatment cell and the wastes

placed in the cell.

(ii) The Massachusetts Method for Extractable Petroleum Hydrocarbons (EPH)/Volatile

Petroleum Hydrocarbons (VPH); or

(iii) Gasoline Range Organics (GRO)/Diesel Range Organics (DRO)/Total Petroleum

Hydrocarbons (TPH) may be used for waste analysis; or

(iv) other Department-approved methods.

(b) collect background soil samples from the proposed treatment cell

location(s) before contaminated soil is placed in the treatment cell, as

follows:

(i) one composite soil sample consisting of 5 sub-samples taken ftom 1 to 3 feet below

the treatment zone must be collected for each acre of the proposed treatment cell;

Gi) each background sample must, at a minimum, be analyzed for volatile petroleum

hydrocarbons (VPH) or total petroleum hydrocarbons (TPH), depending on the method

proposed for use by the facility, methyl tertiary-butyl ether(MTBE), benzene, toluene,

ethylbenzene, xylene (BTEX), and napthylene (collectively known as MBTEXN),and

total RCRA metals.

Sampling and analysis shall be done according to department-approved sampling and

analytical methodology;

(ii) additional analyses of background samples may be required if soils accepted for

treatment may potentially have constituents not referenced in (ii), above;

(iv) sample holes must be back-filled and compacted with clean soil of the same or lower

permeability of the existing soil, or bentonite;

(v) the department reserves the right to diminish the frequency of background sampling

based on the applicant's demonstration that sufficient characterization has been achieved.

(2) The licensee of a facility where groundwater monitoring is required shall

construct monitoring wells in accordance with [12];

(3) The licensee of a facility that is required to monitor groundwater by

subchapter [5], or this rule, shall take background water samples and have them analyzed

by department-approved analytical methodologies for conductivity, the constituents

required in (1)(b)(ii) of this rule, and any other constituent that may be required by the

department before the facility may accept contaminated soils.

(4) The department may require a licensee to conduct groundwater monitoring at a

facility if contaminant migration is detected in the below treatment zone area of the

treatment cell. If monitoring is required, a licensee shall submit a detection monitoring

plan meeting the requirements of Subchapter 9 of this Chapter for department review and

approval and then conduct groundwater monitoring pursuant to the approved plan, as

follows:

(a) groundwater must be sampled for those contaminant constituents detected in

the BTZ; and

(b) groundwater monitoring must continue until contaminants are no longer

detected in the BTZ and/or groundwater.

(5) If groundwater monitoring indicates the presence of contaminants, the licensee

shall verbally notify the department of the contaminants detected within 48-hours and

provide a subsequent written sampling report to the department within 30 days.

(6) If groundwater detection monitoring indicates the presence of contaminant

constituents in 2 consecutive sampling events, the licensee shall continue to monitor in

accordance with the approved detection monitoring plan and within 90 days prepare and

submit an assessment of corrective measures pursuant to;

(a) The assessment shall include an analysis of the effectiveness of potential

corrective measures in meeting all of the requirements and objectives of the remedy as

described under (d) of this rule, addressing at least the following:

(b) The performance, reliability, ease of implementation, and potential impacts of

appropriate potential remedies, including safety impacts, cross-media impacts, and

control of exposure to any residual contamination;

(ii) The time required to begin and complete the remedy;

(iii) The costs of remedy implementation; and

(iv) _ The institutional requirements such as state or local permit requirements or other

environmental or public health requirements that may substantially affect implementation

of the remedy(ies).

assessment, prior to the selection of remedy, in a public meeting with interested and

affected parties.

(d) Based on the results of the corrective measures assessment conducted under (a-b) of

this rule, the owner or operator must select a remedy that, at a minimum, meets the

standards listed in (b) below. The owner or operator must notify the department, within

14 days of selecting a remedy, that a report has been placed in the operating record

describing the selected remedy and how it meets the standards in (b) below.

(b) Remedies must:

@ Be protective of human health and the environment,

(i) _ Attain the ground water protection standard as specified pursuant to (5) of this

tule;

(7) Once the department approves the assessment of corrective measures, the

licensee shall implement the selected remedy.

(8) Before a facility may discharge storm water to tribal waters, or disturb more

than one acre of ground during construction or operation, the licensees shall obtain a

permit from the department.

(9) The licensee of a facility shall document the initial characterization of

contaminated soils prior to application in the treatment cell as follows:

(a) the licensee shall create a waste acceptance form to document source, volume, type

and concentration of contaminants within incoming soils.

Analytical documentation for incoming contaminated soils in the form of laboratory.

reports from a department-approved laboratory must be attached to acceptance forms;

(b) at least 1 composite sample consisting of 5 sub-samples per composite must be

collected per each 200 cubic yards of contaminated soil from the same contaminant

source;

(i) composite samples must be analyzed for contaminants suspected to be within the soil

by analytical methodology approved by the department;

(ii) if the source of contamination within the soil is unknown, the licensee shall consult

with the department for preferred analytical methodology; and

(iti) the department may reduce soil characterization sampling frequency for large

volumes of soils where it has been demonstrated that the contamination is from one

known source and the contaminated soils are naturally homogeneous.

(10) A licensee shall place contaminated soils that do not have analytical

documentation upon arrival at the facility within a bermed treatment cell or designed

stockpile area for analytical sampling and characterization.

(11) The department may require greater sampling frequency and treatability

studies in cases where the contaminant may be complex or difficult to treat.

(12) Incoming volumes of contaminated soils may be placed in the treatment cell

with similar types of contaminants (i.e., gasoline, diesel), however; :

(a) individual volumes from particular occurrences must be segregated by treatment zone

within a treatment-cell; and

(b) the licensee shall create a system to identify the boundaries of the individual

‘treatment zone undergoing treatment within the cell.

(13) The licensee of any landfarm facility shall manage each treatment zone

within the treatment cell to provide the most efficient and environmentally sound

remediation for the type of contaminated soil(s) undergoing treatment as follows:

(a) contaminated soil must be applied in lifts less than or equal to 1 foot;

(b) contaminated soil must be tilled twice during the first month on the treatment cell and

at least monthly thereafter, when soils are not frozen;

(d) cobbles, boulders, rocks or other consolidated materials and debris that may impede

soil mixing and passage of air or water through the soil or damage tillage equipment must

be removed and treated separately; and

(e) no more than 1600 cubic-yards of material may be treated per acre at any time.

(14) A licensee may apply liquids into the treatment cells under the following

conditions:

(a) the soils undergoing treatment may not be saturated above the field capacity

of the soil;

(b) liquid wastes may only be applied to soils containing similar contaminants.

(14) A licensee may use non-naturally occurring bioremediation agents only if

approved by the department prior to application to the treatment zone.

(15) Reserved for permits for air when there is 2 potential to emit air pollutants

in excess of the limits set by the Crow Tribe.

(16) The licensee ofa landfarm facility shall employ best management practices

to control fugitive dust emissions from the facility.

(17) In addition to baseline sampling, a licensee shall take soil treatment samples

from the lower haif of each treatment cell during April, July, and October, or according to

an alternative schedule approved by the department.

(18) A licensee shall have treatment samples analyzed using the same

methodology as was performed to determine baseline conditions.

(a) If new contaminants have been added to the treatment zone after baseline sampling,

all contaminants need analysis.

(b) The department may approve alternative methodologies.

(19) The licensee shall regularly monitor the following treatment parameters and

make any necessary adjustment to maintain optimum bioremediation conditions for all

types of contaminated soils under

treatment:

(a) _ organic carbon to available nitrogen to phosphorous ratio (C:N:P);

(b) moisture content;

(d) temperature (if applicable).

(20) The licensee of an intermediate or major landfarm facility shall collect and

analyze 1 composite samples per % acre from 1 to 3 feet below the treatment zone of the

treatment cell at the end of each treatment season.

(a) Each sample must be composed of 5 sub-samples.

(b) All sub-samples must be from the same treatment cell.

(d) Below treatment zone samples must be analyzed using the same methodology as was

performed to determine background, or a department approved alternative.

(ec) Below treatment zone sampling must be done in a manner protective to the liner of

the treatment cell, and must not open a contaminant migration pathway.

(21) If contaminant migration or leaching is indicated by changes in the

background chemistry of the below treatment zone:

(a) the licensee must notify the department;

(b) additional contaminated soils may not be brought to the facility without department

approval;

department until contaminant migration is no longer indicated; and

(d) the department may require the licensee to clean-up and close the facility if the

licensee cannot document that contaminant migration has been corrected.

(22) The following chart defines the maximum allowable metals content in

applied wastes and the treatment zone of landfarm facilities:

ELEMENT MAXIMUM TCLP CONCENTRATION (in ppm)

Arsenic (As) 5.0

Barium (Ba) 100

Cadmium (Cd) 1.0

Chromium (Cr) 5.0

Lead (Pb) 5.0

Mercury (Hg) 0.2

Selenium (Se) 1.0

Silver (Ag) 5.0

(23) Minor landfarms may only accept or possess petroleum contaminated soils.

8 Landfarm Facility Record Keeping Requirements. (1). The

licensee of a landfarm facility shall maintain an operating record at the facility or at an

alternative location approved by the department.

(2) The licensee shall keep the operating record up-to-date and it must be

available for department inspection during normal business hours or by previous

arrangement. The operating record must contain the following information as it becomes

available:

(a) background analytical documents for soils below the treatment zone and groundwater

(if required);

(b) waste stream acceptance forms and analytical documentation;

(d) treatment zone maintenance items, including appropriate maps and dates

for:

(i) tillage events;

(ii) carbon to nitrogen to phosphorous (C:N:P) ratio and nutrient addition;

(iii) moisture content and irrigation;

(iv) soil pH and pH adjustments, if necessary;

(v) addition of bulking agents;

(vi) addition of bioremediation enhancers or amendments; or

(vii) other information relative to treatment zone maintenance;

(e) reports, dates and maps for remediation sampling events and analytical results;

(f) reports, dates and maps for below treatment zone sampling events and analytical

results;

(g) groundwater sampling events and analytical results (if required);

(h) quarterly static water level measurements (if required);

(i) date and volume of treated soils removed: from treatment cell; and

(j) disposition and end use for treated soils.

(3) The licensee shall maintain the following information in the operating record

as it becomes available and send it to the department as part of the annual report required

under [13]:

(a) dates and results of all remediation sampling events for each separate volume of

contaminated soil under treatment, including generator tracking code, type of

contaminant, test methodology, baseline concentration, volume being treated, and months

under treatment;

(b) dates, types and results of all treatment maintenance activities such as BTZ sampling,

C:N:P. monitoring, tilling, irrigation, nutrient or bulking supplementation, and other

pertinent activities;

9 Landfarm Facility Remediation Requirments. (1) Contaminated

soils may be considered remediated when:

(a) Total Petroleum Hydrocarbons,levels are permanently reduced to below 100 parts per

million (ppm) and total BTEX concentrations are less than 10 ppm, of which benzene

cannot be greater than 1 ppm, or

(b) Total Extractable Hydrocarbons and Total Purgeable Hydrocarbons levels are

permanently reduced to below 100 parts per million (ppm) and total BTEX

concentrations are less than 10 ppm, of which benzene cannot be greater than

1 ppm, or

(d) soils contaminated with constituents other than petroleum hydrocarbons must be

evaluated on a case by case basis. Department approval is required.

(2) Documented analytical results from at least 3 seasonal remediation sampling

events must demonstrate contaminant concentrations have been stabilized and that:

(a) remediation levels have been achieved through demonstration that biodegradation has

occurred to the maximum extent possible under proper operating conditions; and

(b) three consecutive seasonal sampling results have equal concentrations of

contaminants being analyzed or are all within a 5% range.

(3). When remediation of contaminated soils within a treatment zone has been

documented to be complete, the following may occur:

(a) the remediated material may be removed and replaced by additional contaminated

soils for treatment;

(b) an additional lift may be applied to the treatment zone for treatment

(i) the maximum depth of remediated soil within the treatment cell does not exceed a

depth of 5 feet;

(ii) the run-on/run-off berms are maintained and/or modified in a manner which

accommodates the changes within the treatment cell(s);

(iii) below treatment zone sampling occurs at the appropriate depth necessary to reach the

original 1 to 3 feet BTZ;

(4) A licensee may not supply, and a person may not use, remediated soils in any

situation that may threaten human heaith and the environment, for residential topsoil, or

for any purpose in school playgrounds or day care centers.

(5) Appropriate end-uses for soils remediated according to (1) or (2), above, are

as follows:

Major Contaminant POST REMEDIATION USE LEVELS (ppm)

1 2 3 4

Heavy Fuel

hydrocarbons <60 60 200 200 2000 >2000

(C24-30)

Diesel <10 10200 200 500 >500

(C12-C24)

Gasoline <20 20 100 100 250 _ »250

(C6-C12)

Benzene <0.005 0.005t00.5 <0.5 >0.5

Ethylbenzene <0.005 .005 20 <20 >20

Toluene <0.005 00540 <40 >40

Xylenes <0.005 .005 20 <20 >20

(Total)

POST REMEDIATION USE

Level 1: Any use not prohibited by (4) above, which will not threaten human health or

the environment.

Level 2: Backfill at a cleanup site, fill in industrial areas, daily cover or fill at licensed

landfills, road sub grade or road construction fill.

Level 3: Daily cover or disposal in a licensed Class [I landfill, road sub grade that will be

completly covered with impermeable road surface material, or re treatment ata licensed

landfarm.

Level 4: Re treatment in a landfarm or disposal in a licensed Class II facility.

(a) A person may not use soils with contaminants other than those listed in this

subsection until they have been evaluated by the Department on a case by case basis

based on biodegradation performance and risk evaluation.

(b) Soils with concentrations of metals exceeding the limits specified in subchapter 7 of

this chapter may be used only for Level 3 or 4 uses.

10 Landfarm Facility Closure Requirements. (1) A licensee shail

close a facility under a plan approved by the department.

(2) All contaminated soils under management must be documented to have

achieved maximum remediation pursuant to [9].

(3) Remediated soils that will be left at the facility must not contain RCRA

metals above the limit specified in subchapter [7](22), or nitrates or phosphorous above

the annual agronomic uptake rate for the proposed re-vegetation.

(4) closure options for remediated soils include:

(a) removing remediated soils to a location approved by the department in conformance

with [9]; or

(b) spreading and contouring soils remediated to Level 1 of [9](5) in place; or

capable of supporting native vegetation.

(5) Facility berms must be removed, leveled, or used for final cover.

Access roads must be reclaimed if not necessary for post-closure use;

(6) Disturbed areas of the facility must be re-vegetated with native plant growth

or other department approved species capable of survival and growth throughout the postclosure period.

(7) The final topography of the facility must not result in ponded areas and must

prevent erosion.

(8) Any facility groundwater wells not intended for post-closure use must

be properly abandoned.

(9) Reserved.

(10) Final closure is subject to department inspection and approval.

il Landfarm Facility Post-Closure Requirements. (1) A licensee of

a landfarm facility shall monitor the reclaimed site for vegetative success fora minimum

of 2 years after closure, place documentation of the monitoring in the operating record,

and submit the results annually to the department.

(2) The-department may extend monitoring past the 2-year minimum if postclosure monitoring indicates a potential threat to human health or the environment.

(3) The department may require corrective action to mitigate possible

environmental degradation resulting from facility operations and maintenance.

12 Monitoring Well Construction. (1) All ground water monitoring

wells must be constructed by a licensed monitoring well constructor with approval of the

department, to the standards approved by the department, and as required by this section,

so as to obtain representative static water level data and ground water samples. An

owner or operator may request from the department a waiver of the requirements listed in

this rule for wells already constructed by the date of implementation of this rule.

However, this waiver can only apply to wells previously approved by the department.

(2) Water samples may not be collected from piezometers unless constructed

to specifications for standard monitoring wells.

(3) Drilling fluids and water may be used to drill monitoring wells only when

there are no reasonable alternatives. If drilling fluids are used, the owner/operator shall

document the type of fluids, any additives used and the chemical constituents of the

mixture. If water is used, the source of water shall be identified.

(4) Drill rigs and ail downhole equipment must be cleaned in accordance with

technically accepted procedures prior to initiation of drilling on site. If site investigation

is conducted at an existing landfill facility, then the rig and all downhole equipment must

be decontaminated prior to the first borehole and between each borehole.

(5) When drilling equipment comes into contact with probable contaminants

in the borehole or above ground, the driller shall thoroughly decontaminate the

equipment prior to any additional drilling.

(6) A hydrogeologist, qualified ground water scientist, or other qualified

person shall:

(a) _ observe and direct the drilling of all borings, the installation and development of

all wells and all in-field hydraulic conductivity tests;

(b) demonstrate their competency in hydrogeology by submitting to the department a

statement of qualifications before commencing work; and

well cuttings or samples.

(7) All monitoring wells must be constructed:

(a) to minimize the potential for contaminants to enter the ground water or to move

from one major soil unit or bedrock formation to another;

(b) witha difference of 3 to 5 inches between the outer diameter of the casing/screen

and the inner diameter of the surface of the borehole to facilitate placement of the filter

pack, as well as annular sealants; and

monitored.

(8) All ground water monitoring wells shall have caps to prevent

contaminants from entering the monitoring device. All monitoring wells shall have

protective outer casings and locking lids. The lids shall be kept locked. The department

may require additional protective devices such as rings of brightly colored posts around

any monitoring device.

(9) All monitoring wells shall be clearly and permanently labeled and water

level-measuring points clearly marked. At a minimum, the label shall include the well

name and number.

(10) All ground water monitoring wells must be properly developed to remove

fine soil particles, drill cuttings and drilling fluids from the vicinity of the well screen.

After development the ground water must be tested for pH, temperature, specific

conductance and total suspended solids. If liquid drilling fluids were used during well

construction, a sample must also be tested for chemical oxygen demand. After

development, all wells must be repeatedly measured for static water level until stabilized

measurements are obtained.

(11) Ground water monitoring well information must be reported on

department approved forms. The department will provide forms for reporting ground

water monitoring well construction, boring log information, well development, and other

ground water monitoring information as required by the department, including:

(a) __ the type, diameter, length and elevation of the top of the protective casing;

(b) __ the grout used as a surface seal between the well casing and the protective casing,

including the depth and width of surface seal below the land surface, the height and width

of the plug above the land surface;

(d) the well casing material, length, diameter, schedule, and type of joints;

(e) the screen material, length, diameter, schedule, slot type and size, percent open

area; and type of screen bottom;

(63) the distance the filter pack extends above the screen;

(g) the thickness of the filter/gravel pack (i.e. the spacing differential between the

outer diameter of the casing/screen and the inner diameter of the surface of the borehole);

(h) _ local datum or mean sea level elevations of the top of casing and land surface to

plus or minus 0.05 feet, depth from the land surface to an elevation of the bottom of the

borehole, the bottom of the well screen, and top and bottom of all seals; and horizontal

well locations identified by the landfill coordinate system to the nearest ten feet;

6)) the filter pack material, including grain size analysis, quantity of packing material

used and manufacturer and product name or number;

G) the drilling fluid including additives or water added during drilling;

(k) __ the drilling method used, type of drill rig, borehole diameter, inside diameter of

the hollow stem auger, if used, cleaning procedures, and the date the well was drilled; and

0) the date the well was developed, development method, time spent developing the

well, volume of water removed and added during development, source of development

water, the clarity of water before and after development, presence of sediment at the

bottom of the well before and after development, and volume of water purged.

(12) Requirements for drilling are as follows:

(a) In order to create a stable, open, vertical well hole for installation of the well

screen and riser, one of the following drilling methods must be utilized, listed in

decreasing order of preference:

0) Drilling with hollow stem augers is the most preferred method.

(i) —_—Air rotary drilling with an oil filter/trap.

(iii) Cable tool methods and other percussion tool drilling may be attempted in hard,

consolidated formations.

(iv) Reverse circulation drilling is preferred to wet rotary drilling.

(v) Wet rotary drilling with clean water only and insertion of temporary flush-joint

casing, with consideration being given to the procedures used to prevent mixing of upper

zones with lower zones.

(b) — Continuous soil sampling or sampling collection at five foot intervals and

lithologic changes should be performed.

that could leach. Decontamination of all downhole assemblies must be performed, using

steam or an appropriate alternative.

(d) | When assembling a well screen, riser, and sampler, there must be a stable

borehole. The order of steps to complete the well must be:

6) assembly of well screen and riser;

(id) setting the well screen;

(iii) placement of the filter/gravel pack;

(iv) placement of the seal;

(v) grouting of the annular space;

(vi) well protector;

(vii) installation of the [dedicated] sampler.

(e) Well development must be continued until representative formation water, free of

the effects of well construction, is obtained and the specific conductance, temperature,

and pH have stabilized.

13 Annual Reporting, Consolidated Operations, License

Classifications. (1) Any person owning or operating a facility that manages solid waste

shall submit to the department by April 1 of each year, on a form provided by the

department, the following information:

(a) service areas and population of those areas;

(b) total tonnage of solid waste received and disposed of during the previous year.

Facilities that do not operate scales and that measure the volume of waste received and

disposed of will use the following conversions to determine tonnage:

(i) loose refuse (residential and commercial) = 300 pounds per cubic yard;

(i) compacted refuse (packer truck) = 700 pounds per cubic yard.

(c). for a landfarm facility, a report summarizing the total volume in cubic yards of

contaminated soils accepted for treatment and under treatment during the previous year as

demonstrated by compilation of waste acceptance forms, bills of lading, or trip tickets;

(d) for alarge or small composter facility, a report summarizing:

(i). the kinds of materials accepted;

(ii) the total volume in cubic yards of material accepted; and

(iii) the tons of compost produced. ;

(e) for facilities licensed primarily for the storage, treatment, processing, or disposal

of waste tires; the kind and number of tires received by the facility and the number of

tires processed, treated, disposed of, or removed from the facility during the previous

year.

(2) The department may not assess additional fees for composting, household

hazardous waste collection, or landfarm operations conducted at a licensed facility that

disposes of Group II wastes through landfilling if those operations are:

(a) conducted on the same site as the landfill; and

(b) included in the facility's approved plan of operation.

(3) Fees for the following special categories of Class IV units and facilities are as

follows:

(a) for a Class IV unit at a Class II facility there is no additional fee. However the

design and operation of the Class IV unit must be included in the facility's design and

operation plan and the disposal fee per ton applies to wastes placed in the Class IV unit.

(b)! for a Class Ill facility that applies to upgrade to Class IV, the application review

fee is 50% of the respective fee specified for the appropriate Class IV facility in the

following table;

APPLICATION REVIEW FEE SCHEDULE

FACILITY REVIEW FEE

Major Class I facility $12,000

Intermediate Class II facility $ 9,000

Minor Class II facility $ 6,000

Major Class III facility $ 3,600

Minor Class IH facility $ 2,400

Major Class IV facility $ 3,600

Minor Class IV facility $ 2,400

Major incinerator $12,000

Intermediate incinerator

Minor incinerator

Major landfarm facility

Intermediate landfarm facility

Minor landfarm facility

One-time landfarm (? 800 cubic yds)

Qne-time landfarm (<800 cubic yds)

Transfer station (* 10,000 tons/yr)

Transfer station (<10,000 tons/yr)

Large composter operation

Small composter operation

$ 9,000

$ 600

$ 3,600

$ 2,400

$ 1,200

$ 500

$ 200

$ 8,400

$ 4,800

$ 3,600

$ 0

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.