CHAPTER 74:56:05
REMEDIATION CRITERIA FOR PETROLEUM-CONTAMINATED SOILS
Section
74:56:05:01 Definitions.
74:56:05:02 Exposure pathway defined.
74:56:05:03 Corrective action preceding a Tier 1 assessment.
74:56:05:04 Chemicals of concern.
74:56:05:05 Determination of total petroleum hydrocarbon concentration -- Method.
74:56:05:06 Tier 1 assessments.
74:56:05:07 Tier 1 action levels -- Criteria for calculation.
74:56:05:08 Soils exceeding 500 parts per million total petroleum hydrocarbons.
74:56:05:09 Corrective action or Tier 2 assessment required.
74:56:05:10 Tier 2 assessments.
74:56:05:11 Tier 2 action levels -- Criteria.
74:56:05:12 Corrective action or Tier 3 assessment required.
74:56:05:13 Tier 3 assessments.
74:56:05:14 Tier 3 action levels -- Criteria.
74:56:05:15 Monitoring wells may be required.
74:56:05:16 Free phase product removal required.
74:56:05:17 Corrective action required.
74:56:05:18 Soil remediation or removal requirements.
74:56:05:19 Visibly contaminated soil in the excavation area.
74:56:05:20 Unrecoverable petroleum-contaminated soils.
74:56:05:21 On-site storage of contaminated soils.
74:56:05:22 Off-site storage of contaminated soils.
74:56:05:23 Alternative storage of contaminated soils.
74:56:05:24 Closed-site data base.
74:56:05:01. Definitions. Terms defined in SDCL chapters 34A-2 and 34A-12 and ARSD chapters 74:54:01, 74:54:02, 74:56:01, and 74:56:03 have the same meaning when used in this chapter unless they are defined otherwise. In addition, terms used in this chapter mean:
(1) "Action levels," numeric values or other performance criteria that are protective of human health which, if reached or exceeded, require further assessment or corrective action;
(2) "Chemicals of concern," specific constituents that are identified for evaluation in the risk assessment process as provided for in § 74:56:05:04;
(3) "Corrective action," the sequence of actions at a petroleum release site that include site assessment, interim remedial action, remedial action, operation and maintenance of equipment, monitoring of progress, and termination of the remedial action;
(4) "Direct exposure pathway," an exposure pathway, as defined in § 74:56:05:02, whose point of exposure is at the source, without a release to any other medium;
(5) "Excavation area," the area containing the tank system and backfill material bounded by the ground surface, the walls and floor of the pit, and the trenches into which the underground storage tank system was placed at the time of installation or two feet around the underground storage tank system if the limits of the original excavation cannot be determined;
(6) "Exposure," contact of an organism with a chemical of concern;
(7) "Exposure assessment," the estimation, qualitative or quantitative, of the magnitude, frequency, and duration of exposure to a chemical of concern, and the route of exposure;
(8) "Fate and transport analysis," a study conducted to determine the mechanisms and routes by which chemicals of concern may enter a specific environment, the specific environments potentially affected by the chemicals of concern, and the final disposition and chemical form of the chemicals of concern in those environments;
(9) Free phase product," pure petroleum product floating on the groundwater;
(10) "Hazard index (HI)," the sum of more than one hazard quotient for multiple chemicals of concern or multiple exposure pathways;
(11) "Hazard quotient," the ratio of a single chemical exposure level over a specified period of time to a reference dose for that chemical derived from a similar exposure period;
(12) "Indirect exposure pathway," an exposure pathway, as defined in § 74:56:05:02, with at least one intermediate release to any medium between the source and the point or points of exposure, i.e., chemicals of concern moving from soil through groundwater to the point or points of exposure;
(13) "Middle distillate total petroleum hydrocarbons," petroleum products with boiling point ranges from 190° to 360°C, such as diesel fuels, heating fuels, kerosene, motor oil, waste oil, transformer oil, crude oil, aviation fuel, and similar substances;
(14) "Reasonable maximum exposure," the highest exposure to a chemical of concern expected to occur at a site;
(15) "Receptor," persons, structures, utilities, surface water, groundwater, or water supply wells that are or may be adversely affected by a petroleum release;
(16) "Reference dose (RfD)," an estimate of daily exposure level to a chemical of concern for the human population, including sensitive subpopulations, that is likely to be without an appreciable risk of deleterious effects during a lifetime;
(17) "Slope factor," an upper-bound estimate of the probability of a response per unit intake of a chemical of concern over a lifetime, used to estimate an upper-bound probability of an individual developing cancer as a result of a lifetime of exposure to a particular level of a potential carcinogen;
(18) "Volatile," petroleum products with boiling point ranges from 20° to 190°C, such as gasolines, gasohol aviation gas, jet fuel, and similar substances.
Source: 17 SDR 37, effective September 12, 1990; transferred from § 74:03:32:01, 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:01, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-98, 34A-12-1.
Cross-Reference: Underground storage tanks (UST), ch 74:56:01.
74:56:05:02. Exposure pathway defined. The course a chemical or physical agent takes from a source to an exposed organism. An exposure pathway describes a unique mechanism by which an individual or population is exposed to chemicals or physical agents at or originating from a site. Each exposure pathway includes a source or release from a source, an exposure point, and an exposure route. If the exposure point differs from the source, a transport/exposure medium, such as air, or media in cases of intermedia transfer, is also included.
Source: 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:02, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-98, 34A-12-1.
74:56:05:03. Corrective action preceding a Tier 1 assessment. If the department determines that a petroleum release is adversely affecting on-site or off-site receptors, the responsible person must implement corrective action to remove the source of the contamination or must mitigate the adverse effects before conducting a Tier 1 assessment.
Source: 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:03, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
Cross-Reference: Tier 1 assessment, § 74:03:33:06.
74:56:05:04. Chemicals of concern. The responsible person must have soil samples from petroleum release sites analyzed for the following chemicals of concern. All chemicals of concern must be analyzed based on the nature of the product, using an EPA-approved laboratory method. All samples must be analyzed by a laboratory as follows:
(1) If the release is known or suspected to be a volatile, analyze for benzene, toluene, ethylbenzene, xylene, and total petroleum hydrocarbons;
(2) If the release is known or suspected to be a middle distillate total petroleum hydrocarbon, analyze for napthalene, and total petroleum hydrocarbons; in addition:
(a) If the release is known or suspected to be waste oil, analyze for napthalene, total petroleum hydrocarbons, and toxicity characteristic leaching procedure metals;
(b) If the release is known or suspected to be transformer oil, analyze for napthalene, total petroleum hydrocarbons, and polychorinated biphenals;
(3) If the department determines that other constituents may exist in quantities that may adversely affect structures; utility, sewer, and water supply lines; human receptors; surface water; or groundwater, the department may require the responsible person to test for and monitor those contaminants.
Source: 17 SDR 37, effective September 12, 1990; transferred from § 74:03:32:05, 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:04, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
Cross-Reference: Approved test procedures, § 74:54:01:04.
74:56:05:05. Determination of total petroleum hydrocarbon concentration -- Method. Petroleum-contaminated soils must be analyzed for total petroleum hydrocarbons by the California/United States Geological Survey method published in "Draft Method for Total Petroleum Hydrocarbons and Total Organic Lead," February 1988. The department may approve an alternative method which has detection limits, precision, and accuracy that are at least equivalent to the specified method. Approved methods must quantify total petroleum hydrocarbons by integrating all detectable peaks within the time period in which at least 95 percent of the recoverable hydrocarbons are eluted.
Soils contaminated with waste oil must be analyzed for total petroleum hydrocarbons by EPA method 418.1 as published in EPA's "Methods for Chemical Analysis of Water and Wastes," 1983. The department may approve an alternative method which has detection limits, precision, and accuracy that are at least equivalent to the specified method. Approved methods must quantify total petroleum hydrocarbons by integrating all detectable peaks within the time period in which at least 95 percent of the recoverable hydrocarbons are eluted.
Source: 17 SDR 37, effective September 12, 1990; transferred from § 74:03:32:04, 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:05, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
References: "Draft Method for Total Petroleum Hydrocarbons and Total Organic Lead," February 1988, Hazardous Materials Laboratory, California Department of Health Services, 2151 Berkeley Way, Berkeley, California 90704, (510)540-3003. Copies may be obtained from the address listed. Cost: No charge.
Pages 418.1-1 to 418.1-3, inclusive, "Methods for Chemical Analysis of Water and Wastes, 1983, Stock Number EPA-600/4-79-020, 550 pages, U.S. Environmental Protection Agency. Copies may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. Cost: $3.
74:56:05:06. Tier 1 assessments. The responsible person must conduct Tier 1 assessments. A Tier 1 assessment is a risk-based analysis to develop values that are not site-specific for direct and indirect exposure pathways utilizing conservative exposure factors and fate and transport for potential pathways. Data from the Tier 1 assessment must be compared to the criteria established in Table 1 in § 74:56:05:07.
Source: 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:06, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
74:56:05:07. Tier 1 action levels -- Criteria for calculation. The department shall calculate Tier 1 action levels shown in Table 1 in this section based on the petroleum contamination in soil leaching to the groundwater pathway, with an excess lifetime cancer risk not exceeding 1:100,000 and a chronic noncancer risk not exceeding a hazard index of one. The department assumes there are receptors actually or potentially ingesting groundwater at the point of maximum soil contamination.
Table 1 is as follows:
TABLE 1
TIER 1 ACTION LEVELS FOR SOILS AT PETROLEUM RELEASE SITES
Chemical of Concern |
Tier 1 Action Level (ppm = parts per million) |
|
|
|
Benzene |
0.2 ppm |
|
Toluene |
15 ppm |
|
Ethylbenzene |
10 ppm |
|
Xylene |
300 ppm |
|
Napthalene |
25 ppm |
Source: 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:07, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
74:56:05:08. Soils exceeding 500 parts per million total petroleum hydrocarbons. If total petroleum hydrocarbon concentrations in soil exceed 500 parts per million, the responsible person must initiate a Tier 2 assessment.
Source: 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:08, July 1, 1996
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
74:56:05:09. Corrective action or Tier 2 assessment required. If soil contaminant levels exceed Tier 1 action levels, the responsible person must submit a corrective action plan to the department for approval or, if the site meets the criteria listed below, the responsible person may calculate Tier 2 action levels based on actual site conditions. If the department determines that the plan will reduce the risk associated with the site to below the criteria in subdivisions (2) and (3) of § 74:56:05:11, the department shall approve the plan and the responsible person must implement the corrective action.
The criteria for progressing to a Tier 2 assessment are:
(1) The assumptions used to calculate the Tier 1 action levels are not applicable to actual site conditions;
(2) It is likely that Tier 2 action levels will be different from Tier 1 action levels; and
(3) The cost of performing a Tier 2 assessment and implementation of corrective action to Tier 2 action levels is likely to be substantially less than the cost of corrective action under Tier 1.
Source: 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:09, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
74:56:05:10. Tier 2 assessments. A Tier 2 assessment is a risk-based analysis applying the direct exposure values established under a Tier 1 assessment at the point or points of exposure developed for a specific site and development of values for potential indirect exposure pathways at the point or points of exposure based on site-specific conditions. As part of a Tier 2 assessment, the responsible person must define the vertical and horizontal extent of soil contamination exceeding Tier 1 action levels and groundwater exceeding South Dakota groundwater quality standards.
Source: 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:10, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
Cross-References: Tier 1 action levels -- Criteria for calculation, § 74:56:05:07; Groundwater quality standards, ch 74:54:01.
74:56:05:11. Tier 2 action levels -- Criteria. The responsible person must calculate Tier 2 action levels based on actual site conditions, as follows:
(1) Toxicity information must be obtained from sources consistent with EPA's "Risk Assessment Guidance for Superfund" (1989). The department may allow the development of a toxicity value if required and applicable toxicological data are available;
(2) The excess lifetime cancer risk may not exceed 1:100,000 for all pathways;
(3) The chronic noncancer risk may not exceed a hazard index of one for all pathways;
(4) Reasonable maximum exposure default values as determined in EPA's "Risk Assessment Guidance for Superfund" (1989) must be used for exposure assessments or site-specific exposure data may be used with the permission of the department;
(5) "Tier 2 RBCA Guidance Manual for Risk-Based Corrective Action" (1995a; 1995b) is the source for fate and transport models for development of Tier 2 action levels;
(6) The department shall approve the location of monitoring points to ensure compliance with the South Dakota groundwater quality standards in chapter 74:54:01 and the conditions listed in subdivisions (2) and (3) in this section.
Source: 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:11, July 1, 1996
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
References: Pages 6-32 to 6-52, inclusive, and page 7-15, "Risk Assessment Guidance for Superfund, Volume I, Human Health Evaluation Manual (Part A)" December 1989, United States Environmental Protection Agency, Office of Emergency and Remedial Response, 401 M Street, SW(OS-230), Washington, DC 20460, (202)475-9486. Copies may be obtained from the address listed. Cost: $48.
"Tier 2 RBCA Guidance Manual for Risk-Based Corrective Action," June 1995a, 48 pages, Groundwater Services, Inc., 5252 Westchester, Suite 77005, Houston, Texas 77005, (713)663-6600. Copies may be obtained from the address listed. Cost: $75 (includes Appendix B below).
"Tier 2 RBCA Guidance Manual for Risk-Based Corrective Action, Appendix B: Tier 1/Tier 2 RBCA Modeling Guidelines and Spreadsheet System" June 1995b, 34 pages, Groundwater Services, Inc., 5252 Westchester, Suite 77005, Houston, Texas 77005, (713)663-6600. Copies may be obtained from the address listed. Cost: $75 (includes guidance manual above).
74:56:05:12. Corrective action of Tier 3 assessment required. If soil contaminant levels exceed the Tier 2 action levels, the responsible person must submit a corrective action plan to the department for approval or, if the site meets the criteria listed below, the responsible person may calculate Tier 3 action levels using site-specific models. If the department determines that the plan will reduce the risks associated with the site to below the criteria in subdivisions (2) and (3) of § 74:56:05:11, the department shall approve the plan and the responsible person must implement the corrective action.
The criteria for progressing to a Tier 3 assessment are:
(1) The assumptions used to calculate the Tier 2 action levels are not applicable to actual site conditions;
(2) It is likely that Tier 3 action levels will be different from Tier 2 action levels; and
(3) The cost of performing a Tier 3 assessment and implementation of corrective action to Tier 3 action levels is likely to be substantially less than the cost of correction action under Tier 2.
Source: 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:12, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
74:56:05:13. Tier 3 assessments. A Tier 3 assessment is a risk-based analysis to develop values for potential direct and indirect exposure pathways at the point or points of exposure based on site-specific conditions. As part of a Tier 3 assessment, the responsible person must define the vertical and horizontal extent of soil contamination exceeding Tier 1 action levels and groundwater exceeding South Dakota groundwater quality standards in chapter 74:54:01.
Source: 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:13, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
74:56:05:14. Tier 3 action levels -- Criteria. The responsible person may calculate Tier 3 action levels with prior approval from the department and as specified below:
(1) Toxicity information must be obtained from sources consistent with EPA's "Risk Assessment Guidance for Superfund" (1989). The department may allow the development of a toxicity value if required and applicable toxicological data are available;
(2) The excess lifetime cancer risk may not exceed 1:100,000 for all pathways;
(3) The chronic noncancer risk may not exceed a hazard index of one for all pathways;
(4) Reasonable maximum exposure default values as determined in EPA's "Risk Assessment Guidance for Superfund" (1989) must be used for exposure assumptions or site specific exposure data may be used with the permission of the department;
(5) The department shall approve work plans for the development of Tier 3 action levels;
(6) The department shall approve of the location of monitoring points to ensure compliance with the South Dakota groundwater quality standards in chapter 74:54:01 and the conditions listed in subdivisions (2) and (3) in this section;
(7) If soil contaminant levels exceed the Tier 3 action levels, the responsible person must implement corrective action consistent with § 74:56:05:01 to reduce the risks associated with the site to below the conditions listed in subdivisions (2) and (3) in this section;
(8) The responsible person must pay for any modeling or review by an independent department contractor.
Source: 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:14, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
Reference: Pages 6-32 to 6-52, inclusive, and page 7-15, "Risk Assessment Guidance for Superfund, Volume I, Human Health Evaluation Manual (Part A)" December 1989, United States Environmental Protection Agency, Office of Emergency and Remedial Response, 401 M Street, SW (OS-230), Washington, DC 20460, (202)475-9486. Copies may be obtained from the address listed. Cost: $48.
74:56:05:15. Monitoring wells may be required. Based on site conditions and the presence or suspected presence of groundwater contamination, the department may require the responsible person to install and sample monitoring wells to determine the groundwater gradient and quality. All wells must be drilled and constructed in accordance with chapter 74:02:04.
Source: 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:15, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
74:56:05:16. Free phase product removal required. If assessment data indicates the presence of free phase product, the responsible person must immediately remove as much free phase product as practicable.
Source: 22 SDR 86, effective December 18, 1996; transferred from § 74:03:33:16, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
74:56:05:17. Corrective action required. If assessment data indicates that petroleum vapors have the potential to adversely affect structures or utilities, the responsible person must determine if adverse affects have occurred. If adverse affects have occurred or, in the opinion of the department, may occur in the future, the responsible person must initiate corrective action consistent with the requirements of this chapter.
Source: 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:17, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
74:56:05:18. Soil remediation or removal requirements. The responsible person must implement corrective action to reduce the risks associated with petroleum-contaminated soils according to the criteria listed in §§ 74:56:05:06 to 74:56:05:17, inclusive. If the department determines that these criteria do not apply in some instances, other criteria may be used on a site-specific basis. All contaminant concentrations must be determined in accordance with §§ 74:56:05:04 and 74:56:05:05.
If petroleum-contaminated soil is removed from a site, it must be disposed of in accordance with article 74:27.
Source: 17 SDR 37, effective September 12, 1990; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:32:03, 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:18, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
74:56:05:19. Visibly contaminated soil in the excavation area. All visibly contaminated soil in the excavation area must be removed and disposed of in accordance with article 74:27.
Source: 17 SDR 37, effective September 12, 1990; transferred from § 74:03:32:02, 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:19, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
74:56:05:20. Unrecoverable petroleum-contaminated soils. If visibly contaminated soils or contaminated soils that exceed the guidelines established in §§ 74:56:05:06 to 74:56:05:14, inclusive, are unrecoverable and left in place under buildings, roads, or structures or are in contact with such features as sewer lines, utility lines, and water supply lines, the responsible person must establish a monitoring program consistent with this chapter. If the department determines that contaminated soils left in place are a potential threat to human health and the environment, the responsible person must take measures to protect public health and the environment. Such measures may include in situ remediation, ventilation, removal, or other applicable technologies as they become available. The department may allow soils contaminated above site-specific standards to be left in place if physical constraints, other than those listed in this section, do not allow for complete removal. Contaminated soils left in place may be remediated with department approval in accordance with §§ 74:56:05:06 to 74:56:05:14, inclusive.
Source: 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:20, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
74:56:05:21. On-site storage of contaminated soils. The responsible person must dispose of all contaminated soils in accordance with article 74:27. If circumstances prohibit disposal within 72 hours after excavation, the responsible person must notify the department and store the contaminated soils on-site as follows:
(1) The responsible person must place all contaminated soils on a minimum 10-mil, single-layer or composite, synthetic membrane liner. The liner must be installed undamaged on a surface free of angular rocks, roots, and other materials that may damage the integrity of the liner;
(2) Once the liner has been installed the responsible person must dike the liner to prevent surface runoff and prevent movement of the liner;
(3) When stockpiling is completed, the responsible person must cover soils with a minimum 10-mil, single-layer or composite, flexible membrane material that is anchored to the dike.
If contaminated soils are not stored on a hardtop surface, the responsible person must collect one soil sample from beneath the synthetic membrane liner immediately after disposal and have it analyzed for the same constituents for which the stored soils were analyzed.
Contaminated soils may not be stored on-site for more than 30 days. The department may grant 30-day extensions if circumstances prohibit disposal. Trucking distance to a landfill is not an extendable circumstance unless the department is notified of actions being taken by the responsible person to arrange for alternative disposal, such as land farming, and the department is satisfied that a good faith effort is being made.
If contaminated soils are stored on-site for more than 30 days, the responsible person must inspect the flexible membrane material cover every 30 days and replace it, if necessary, with a new 10-mil flexible membrane material cover.
Source: 17 SDR 37, effective September 12, 1990; transferred from § 74:03:32:06, 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:21, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
74:56:05:22. Off-site storage of contaminated soils. The department may allow the responsible person to store contaminated soils off-site if the landowner signs an affidavit giving approval for the storage. Off-site storage must comply with the synthetic liner and cover requirements and the sampling requirement outlined in § 74:56:05:21. Contaminated soils may not be stored off-site for more than 30 days. The department may grant off-site storage extensions for circumstances that prohibit disposal if the landowner also approves of the extension. Trucking distance to a landfill is not an extendable circumstance unless the department is notified of actions being taken by the responsible person to arrange for alternative disposal, such as land farming, and the department is satisfied that a good faith effort is being made.
Source: 17 SDR 37, effective September 12, 1990; transferred from § 74:03:32:07, 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:22, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
74:56:05:23. Alternative storage of contaminated soils. The department may allow other types of storage areas if they meet or exceed the requirements of this chapter.
Source: 17 SDR 37, effective September 12, 1990; transferred from § 74:03:32:08, 22 SDR 86, effective December 18, 1996; transferred from § 74:03:33:23, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
74:56:05:24. Closed-site data base. The department shall maintain a data base of all closed petroleum-contaminated soils sites. The data base shall contain the location of the site, the persons responsible for the corrective action, and the contractor who performed the assessment and corrective action. If the site was closed through risk-based corrective action as provided for in this chapter, the data base shall include the land use for the site upon which the risk-based corrective action was determined. The department shall maintain a telephone number to provide this information to lenders, purchasers, zoning officials, and other interested parties. Normal business hours are 8:00 am to 12:00 noon and 1:00 pm to 5:00 pm, central time, Monday through Friday.
Source: 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:24, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-10.
Note: Contact (605)773-3296 for information on this data base.
