APPENDIX G-4: New Hampshire Code of Administrative Rules; Env-Ws 412; Reporting and Remediation of Oil Discharges November 1990 OSWER Directive 9650.15 Procedures And Requirements For Codification Of Approved state UST Programs September 1994
APPENDIX G-4SAMPLE INCORPORATION BY REFERENCE BINDERS
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES
REPORTING AND REMEDIATION OF OIL DISCHARGES
OSWER Directive 9650.15
New Hampshire Code of Administrative Rules
N.H. Department of Environmental Services
Reporting and Remediation of Oil Discharges
OSWER Directive 9650.15CONTENTS
Section 412.02 Applicability
Section 412.03 Definitions
Section 412.04 Notification
Section 412.05 Initial Response Action
Section 412.06 Abatement Measures
Section 412.07 Free Product Removal
Section 412.08 Initial Site Characterization
Section 412.09 Investigation Due to Discovery of Discharges from Unknown Sources
Section 412.10 Site Investigation
Section 412.11 Site Investigation Report
Section 412.12 Remedial Action Plan
Section 412.13 Public Notification
Section 412.14 Waivers
OSWER Directive 9650.15PART Env-Ws 412 REPORTING AND REMEDIATION OF OIL DISCHARGES Statutory Authority: RSA 146-A:11-C
OSWER Directive 9650.15Env-Ws 412.01 Purpose. The purpose of these rules is to establish procedures and requirements for notification, reporting, response actions, and investigations for sites where discharges of oil have occurred. Source. #4966, eff 11-2-90
OSWER Directive 9650.15Env-Ws 412.02 Applicability. Any responsible party or other person having knowledge of a discharge of oil shall report such discharge to the Division immediately, unless all of the following conditions are met:
- The discharge is less than 25 gallons;
- The discharge is immediately contained;
- The discharge and/or contamination is completely removed within 24 hours; and
- There is no impact or potential impact to groundwater or surface water.
OSWER Directive 9650.15Env-Ws 412.03 Definitions.
- "Discharge" means a leak, spill, or release of oil to the environment.
- "Contamination" or "contaminated" means the results of discharge of oil into groundwater, surface water or soil.
- "Free Product" means oil which exists as a separate phase or layer of greater than 1/8" thickness on water.
- "Responsible Party" means an operator or other person who is strictly liable for a discharge of oil under RSA 146-A:3-a.
- "Receptor" means a living organism or an environmental medium which is exposed to contamination from discharge.
- "Site" means the place or location where a discharge is known or suspected to have occurred.
OSWER Directive 9650.15Env-Ws 412.04 Notification.
- Persons notifying the Division of confirmed or suspected discharges of oil shall provide the following information:
- The name and phone number of the person notifying the Division;
- The location of the discharge site;
- The date and time of the discharge; and
- The type and amount of oil discharged; and
- The name and phone number of the party potentially responsible for the discharge.
- If the spill occurs during normal working hours, notification shall be directly to the Division. If the reporting party is unable to contact the Division, notification shall be to the State Police.
OSWER Directive 9650.15Env-Ws 412.05 Initial Response Action. When a discharge occurs any responsible party shall take the following actions immediately:
- Assess the situation and evaluate fire, health and safety hazards;
- Stop the discharge;
- Contact the local fire department if a fire or safety hazard exists;
- Notify the Division or State Police as required under Section Env-Ws 412.04;
- Contain and remove all discharged oil and oil-contaminated debris;
- Dispose of discharged oil and oil-contaminated debris in accordance with all applicable local, state and federal rules;
- Monitor and mitigate fire, health and safety hazards posed by vapors or free product; and
- Take any action necessary to prevent environmental damage from the discharge.
OSWER Directive 9650.15Env-Ws 412.06 Abatement Measures. After initial response action, responsible parties shall perform the following abatement measures:
- Ensure that fire, health and safety hazards posed by free product or vapors continue to be monitored and mitigated;
- Remediate hazards posed by contaminated soils that have been excavated or exposed as a result of the initial response action or site characterization. In undertaking remediation, all applicable local, state, and federal laws and regulations shall be complied with;
- Investigate to determine the possible presence of free product; and
- If free product is present, begin free product removal as soon as practicable in accordance with Env-Ws 412.07.
OSWER Directive 9650.15Env-Ws 412.07 Free Product Removal.
- At sites where free product is present, responsible parties shall remove the free product in a manner that minimizes the spread of contamination.
- Discharges and by-products from free product recovery and disposal operations shall be treated or disposed of in compliance with applicable local, state and federal regulations;
- Free product removal systems shall be designed to completely remove free product;
- Flammable products shall be handled in a safe and competent manner to prevent fires or explosions; and
- Documentation of free product removal measures shall be submitted to the Division with the initial site characterization report required under Env-Ws 412.08 and shall contain the following information:
- The names of the person(s) responsible for implementing the free product removal measures;
- The estimated quantity, type, and thickness of free product observed or measured;
- The type of free product recovery system used;
- Whether any discharge of treated water takes place on-site or off-site during the recovery operation and where this discharge is located;
- The type of treatment applied to any contaminated water pumped or extracted to effect free product removal;
- The steps that have been or are being taken to obtain necessary permits for any discharge of treated water; and
- The disposition of the recovered free product.
OSWER Directive 9650.15Env-Ws 412.08 Initial Site Characterization.
- Responsible parties shall conduct an initial site characterization unless they conclusively demonstrate to the Division that the discharge has not resulted in any contamination. The purpose of the initial site characterization shall be to obtain information about the hydrogeology of the site and the nature of the discharge, and identify any receptors and potential receptors.
- Responsible parties shall conduct field investigations to assess the discharge in areas where contamination is most likely to be present at the site. In selecting sample types, sample locations, and measurement methods, responsible parties shall consider the nature of the discharged substance, the type of initial alarm or cause for suspicion, the types of backfill around any underground storage tanks, the distance to surface water and the depth to groundwater.
- Responsible parties shall sample the environment most likely to be contaminated by a confirmed or suspected discharge. Analysis of soil gas, groundwater, surface water, or soils shall be used.
- Environmental samples collected at the site may be field screened with an organic vapor analyzer and shall be analyzed at an EPA certified laboratory.
- Within 30 days of the notification to the Division of a discharge, responsible parties shall submit a Site Characterization Report to the Division which shall include the following:
- Data on the nature, location, and estimated quantity of the discharge;
- Data from available sources or other investigations concerning:
- Surrounding populations;
- Water quality;
- Use and approximate locations of drinking water supplies potentially affected by the discharge;
- Subsurface soil conditions;
- Locations of underground utilities, drains, sewers; and
- Land use.
- Documentation of free product removal;
- Information gained while conducting the abatement measures In Env-Ws 412.06; and
- A preliminary assessment of receptors and potential receptors.
OSWER Directive 9650.15Env-Ws 412.09 Investigation Due to Discovery of Discharges from Unknown Sources. When a discharge from an unknown source is discovered, the owners and operators of facilities near the location of the discovery shall conduct an initial site characterization in accordance with Env-Ws 412.08 unless the owner or operator can conclusively demonstrate that a discharge has not occurred at the facility. The initial site characterization shall determine if a discharge has occurred at the facility. Source. #4966, eff 11-2-90
OSWER Directive 9650.15Env-Ws 412.10 Site Investigation.
- Upon completion of an initial site characterization, responsible parties shall investigate the discharge, the discharge site, and the off-site surrounding area possibly affected by the discharge unless the initial site characterization establishes that no free product is present, no contaminated soils are present, and there is no present or potential groundwater or surface water impact from the discharge.
- The site investigation shall determine the location and full extent of contamination and identify receptors and potential receptors.
- Free product identified at any stage of the investigation shall be reported to the Division immediately and removed as expeditiously as possible. The presence of vapors which pose an imminent threat to public safety shall also be reported immediately and corrective action implemented without delay.
- A recoverable bench mark shall be established at the site and if a USGS bench mark is within 1,000 feet of the site, elevations at the site shall be recorded using National Geodetic Vertical Datum (NGVD).
- Responsible parties shall submit a site investigation report in accordance with Env-Ws 412.11 to the Division within 120 days of notification to the Division of a discharge.
OSWER Directive 9650.15Env-Ws 412.11 Site Investigation Report.
- A site investigation report shall define the nature, extent, and magnitude of contamination and identify threats to public health, welfare and to the environment.
- The site investigation report shall include the following information:
- Location of the site, including address, phone number at the site, tax map and lot number;
- History of site ownership and operation for at least the last 50 years or since initial development, including the name, current address and telephone number of all current owners and operators;
- A locus plan which is a photocopy of USGS topographic maps;
- A copy of the local tax map showing the property on which the site is located in relation to surrounding properties;
- A plot plan which meets the requirements of Env-Ws 412.11(c);
- A groundwater contour map, consisting of the plot plan overlayed with the groundwater contours and showing measured water level elevations in piezometers and monitoring wells;
- A potential receptors map using the tax map as a base showing:
- Street names;
- Adjacent properties;
- Adjacent and nearby buildings;
- Residences with basements;
- Surface water bodies; and
- Water supply wells within 1,000 feet of the site location.
- Underground storage tank information, including:
- Date of installation of all tanks on site, and date of removal of all tanks previously located on the site;
- Size and construction material of all tanks on site;
- Substances presently and previously stored in all tanks;
- Tank tightness test dates, methods, testers, and results, including data and worksheets or calculations;
- Type and location of release detection and corrosion protection for tanks and lines; and
- Type or textural class of fill under and around tanks and lines.
- A description of all known discharges of oil and other contaminants on the site including:
- Date and description of the discharge, including the quantities lost and recovered, and the location of the discharge;
- Date the discharge was reported to the division; and
- Cleanup action taken and assessment of offsite impacts, if any.
- Results of on-site inspection during any tank removal, Including:
- Description and location of any corrosion, visible leaks, or loose fittings;
- The name, organization, address and telephone number of the official observer such as the fire marshall, fire department or division representative, present when tank(s) were removed;
- A description of conditions in area of the tank excavation including contaminated soil volumes, odors, sheens, visible product, bedrock, or tank anchors;
- A description of sampling methodology and analytical field screening measurements;
- Photographs of moved tanks; and
- Ultimate disposal of the tank(s) and contaminated soil.
- A list of previously completed investigations and reports pertinent to the site.
- A summary of all governmental files reviewed.
- A description of the geology of the site, including:
- Soil types, thickness, classification, grain size, and texture;
- Test pit and boring log data including textural description, drilling methods, odors observed, blow counts, and water table observation; and
- Bedrock description, depth and characteristics.
- Groundwater elevation information including a table of water level measurements, top of casing elevations relative to an assumed datum depth of water table, and free product thickness, if present.
- Groundwater quality sampling information, including locations, dates, sampling methodologies, and analytical results for all groundwater quality samples obtained.
- Surface water information, including locations of points or seeps within 500 feet of the site where the groundwater discharge to surface water, and locations, dates, sampling methodologies, and analytical results for any samples of surface water suspected to be impacted.
- Conclusions and recommendations, including:
- A summary description of the source or potential source(s) of the contamination;
- A description of the current extent of contamination in the soil, surface water, groundwater, and the presence of vapors;
- Identification of potential receptors due to the presence or potential migration of contaminants; and
- Recommendations for further investigation and remediative measures.
- The plot plan required by Env-Ws 412.11(b)(5) shall be prepared in accordance with the following:
- The plan shall be drawn to scale and the scale shall be noted on the plan, including a graphic scale bar;
- A north arrow shall be included;
- At least one bench mark shall be shown and its elevation, whether assumed datum or NGVD, and a brief identification description shall be included; and
- Surface contours and any spot elevations obtained shall be shown.
- The plot plan required by Env-Ws 412.11(b)(5) shall show the following features and attributes if applicable:
- Paved areas;
- Property lines;
- Above ground tanks and other structures;
- Surface water bodies;
- Drainage swales;
- Flood plains;
- Areas of identified releases;
- Areas of stressed or dead vegetation;
- Areas of stained or discolored soil;
- Underground tanks and associated piping;
- Former locations of underground storage tanks;
- Underground utilities;
- Subsurface drains;
- Septic systems and dry wells;
- Soil borings and test pits;
- Water supply wells; and
- Piezometers and monitoring wells.
- Maps and plans shall be printed on 8 1/2 X 11 inch or 11 X 17 inch sheets.
OSWER Directive 9650.15Env-Ws 412.12 Remedial Action Plan.
- Responsible parties required to conduct a site investigation under Env-Ws 412.10 shall submit a remedial action plan for responding to and remediating contamination.
- The plan shall provide for protection of human health and the environment.
- The Division shall approve or disapprove the plan, based upon a determination of conformance with the following remedial action plan criteria:
- The plan shall identify known technologies and alternative remedial options which have the potential to achieve contamination removal;
- The plan shall provide a time schedule for achieving contamination removal;
- The plan shall identify any special requirements necessary to prove the technical feasibility of the proposed remedial action(s);
- The plan shall recommend a method(s) for off-site disposal of contaminated soils and/or water, if removal of contaminated materials from the site is inclusive in the plan;
- The plan shall recommend short and long term site monitoring requirements; and
- The plan shall recommend remediation alternatives, which incorporate risk-based exposure assessments as applicable, to mitigate contamination impacts to receptors.
- Upon approval of the remedial action plan by the division, based on the criteria in paragraph (c) above, the responsible party shall implement the plan.
- The results of implementing the plan, including an evaluation of the effectiveness of the remediation, shall be submitted to the Division.
- Responsible parties may, in the interest of minimizing contamination and promoting more effective remediation, begin remediation of soil, groundwater and surface water before the remedial action plan is approved by the Division, provided they:
- Notify the Division in writing of their intent to begin remediation;
- Comply with any conditions imposed by the Division including halting remediation or mitigating adverse consequences from remediation activities;
- Incorporate these self-imitated remediation measures into the plan that is submitted to the Division for approval; and
- Comply with the requirements of all applicable local, state, and federal rules and statutes.
OSWER Directive 9650.15Env-Ws 412.13 Public Notification.
- Responsible parties shall notify all owners of property within 100 feet of the property on which the site is located, all owners of drinking water wells within 500 feet of the site, and the local selectmen or mayor as appropriate, regarding the nature, extent, and magnitude of contamination and the existence of threats to public health, welfare and the environment, if any, and proposed remedial action.
- Public notification shall be provided upon completion of a site investigation report and/or remedial action plan, completed in accordance with these rules.
- Responsible parties shall report public notification to the Division including copies of notices sent to abutters and local officials which indicate the manner of delivery.
- If public notification is not made by responsible parties, the Division shall do so and all costs of public notification shall be paid by responsible parties.
OSWER Directive 9650.15Env-Ws 412.14 Waivers.
- The rules contained in this Part are intended to apply to a variety of conditions and circumstances. It is recognized that strict compliance with all rules prescribed herein may not fit every conceivable situation. Responsible parties may request a waiver of specific rules outlined in this Part in accordance with paragraph (b) below.
- All requests for waivers shall be submitted in writing to the Division and shall include the following information:
- A description of the facility or site to which the waiver request relates, including the name, address, and identification number of the facility or site;
- A specific reference to the section of the rule for which a waiver is being sought;
- A full explanation of why a waiver is necessary and demonstration of hardship caused if the rule is adhered to;
- A full explanation of the alternatives for which a waiver is sought, with backup data for support; and
- A full explanation of how the alternatives for which a waiver sought is consistent with the intent of RSA 146-A, would have a just result, and would adequately protect human health and the environment.
- The Division shall approve a request for a waiver upon finding that the alternatives proposed are at least equivalent to the requirements contained in this rule, they are adequate to ensure that the provisions of RSA 146-A are met, and human health and the environment are protected.
- No waiver shall be granted which, in the judgment of the Division, contravenes the intent of any rule.
- The Division shall issue a written response to a request for a waiver within 60 days of receipt of the request.