Connecticut Administrative Code › Title 22a - Environmental Protection › 133k - Remediation Standard › Section 22a-133k-1 - Section parts

Current through July 10, 2024
(a)
Definitions
For the purposes of the RSRs, the following terms have the
				following meanings:
(1) "Application
			 of pesticides" means the spraying, spreading, injection, placement or other use
			 of pesticides at a parcel for the pesticide's intended purpose, but does not
			 include other releases of pesticides such as those from the handling, mixing,
			 storing, spilling, leaking or disposing of pesticides, or releases of
			 pesticides from equipment cleaning or repair.
(2) "Aquifer protection area" has the same
			 meaning as provided in section 22a-354h of the Connecticut General
			 Statutes.
(3) "Area of influence"
			 has the same meaning as provided in section
			 22a-354b-1(a)
			 of the Regulations of Connecticut State Agencies.
(4) "Areal extent of a groundwater plume"
			 means the surface area beneath which groundwater is polluted by a release and
			 in which one or more substances from such release or mobilized by such release
			 is present at a concentration above the laboratory reporting limit.
(5) "Background concentration" means the
			 concentration of a substance in soil or groundwater that based on a validated
			 conceptual site model is:
(A) In the general
			 geographic vicinity of a release; and
(B) Either:
(i) Naturally occurring; or
(ii) Minimally affected by human influences
			 at concentrations equal to or less than criteria specified in the
			 RSRs.
(6)
			 "Carcinogenic substance" means a substance defined as a "carcinogen" by federal
			 or state agencies and for which a quantitative health risk extrapolation is
			 available.
(7) "CFR" means the Code
			 of Federal Regulations.
(8)
			 "Commissioner" means the Commissioner of Energy and Environmental Protection or
			 the commissioner's designee.
(9)
			 "Conceptual site model" means a representation in three dimensions of
			 environmental conditions at a release area that is developed through a
			 multi-phased investigative approach which validates such representation with
			 information about including, but not limited to, a substance's release, fate
			 and transport, and pathway to human and environmental receptors.
(10) "Demarcation layer" means a
			 brightly-colored, tear-resistant environmentally-stable marker layer installed
			 at an appropriate depth, suitable to indicate the presence of polluted soil
			 beneath such layer.
(11)
			 "Department means the Department of Energy and Environmental
			 Protection.
(12) "Dilution factor"
			 means the ratio by which the concentration of a substance dissolving into soil
			 water is reduced by dilution with groundwater or surface water, as
			 applicable.
(13) "Dilution and
			 attenuation factor" or "Dilution attenuation factor" means the ratio by which
			 the concentration of a substance dissolving into soil water is reduced by
			 dilution with groundwater and by sorption to unsaturated or saturated soil, or
			 by degradation, transformation or stabilization of the substance.
(14) "Diminishing state groundwater plume"
			 means a groundwater plume that has been characterized seasonally and in three
			 dimensions, provided that the characterization of such plume:
(A) Is consistent with a validated conceptual
			 site model; and
(B) Demonstrates
			 that such plume:
(i) Is not migrating, or has
			 very limited potential to migrate, in any direction; and
(ii) Is comprised only of substances whose
			 concentrations have decreased and will continue to decrease over time, except
			 for the concentrations of related breakdown components, provided it is
			 demonstrated that concentrations of such breakdown components are not a known
			 risk to human health and the environment. For purposes of this clause,
			 "breakdown components" means constituent compounds that result from the
			 alteration of an original compound in the environment.
(15) "Direct exposure criteria" or
			 "DEC" means the criteria identified in Appendix A of the RSRs, alternative
			 direct exposure criteria approved by the commissioner pursuant to section
			 22a-133k-2(d)
			 of the RSRs, or direct exposure criteria approved by the commissioner pursuant
			 to section
			 22a-133k-2(b)(7)
			 of the RSRs .
(16) "Downgradient"
			 means in the direction of the maximum rate of decrease of hydraulic
			 head.
(17) "Downgradient area" with
			 respect to a release of a substance means the area bounded by:
(A) The width of the release area of such
			 substance perpendicular to the direction of groundwater flow;
(B) Two side boundary lines parallel to the
			 downgradient direction of groundwater flow extending from the two endpoints of
			 said width to the downgradient parcel boundary; and
(C) The downgradient parcel boundary
			 extending between the two side boundary lines, excluding any portion of such
			 downgradient area that is either affected by any other release of such
			 substance or beneath an existing permanent structure.
(18) "Engineered control" means any physical
			 barrier, system, technology or method that prevents exposure to polluted soil,
			 or minimizes migration of liquids or vapor through such soil, and complies with
			 the other requirements specified in section
			 22a-133k-2(f)(2)
			 of the RSRs.
(19) "Environmental
			 land use restriction" or "ELUR" has the same meaning as provided in section
			 22a-133q-l of the Regulations of Connecticut State Agencies.
(20) "Environmentally isolated soil" means
			 polluted soil which is above the seasonal high water table and is not subject
			 to infiltration in accordance with section
			 22a-133k-2(c)(5)(A)
			 of the RSRs, thereby preventing the leaching of pollutants from such soil into
			 groundwater.
(21) "EPA" means the
			 United States Environmental Protection Agency.
(22) "ETPH" means extractable total petroleum
			 hydrocarbons.
(23) "Environmental
			 use restriction" or "EUR" has the same meaning as provided in section
			 22a-133q-l of the Regulations of Connecticut State Agencies.
(24) "EUR regulations" has the same meaning
			 as provided in section 22a-133q-l of the Regulations of Connecticut State
			 Agencies.
(25) "Excess lifetime
			 cancer risk" means the estimated probability that an individual's exposure to a
			 substance could result in cancer.
(26) "GA area" means an area where the
			 groundwater classification is GA, GAA, or GAAs.
(27) "GB area" means an area where the
			 groundwater classification is GB.
(28) "Groundwater" means that portion of
			 "waters" as defined in section 22a-423 of the Connecticut General Statutes at
			 or below the water table.
(29) "
			 Groundwater classification" means the groundwater classification established in
			 the Water Quality Standards.
(30)
			 "Groundwater criteria" means surface water protection criteria, water quality
			 criteria, volatilization criteria, groundwater protection criteria, and
			 background concentration, as applicable.
(31) " Groundwater divide" means a line on
			 the water table from which the water table slopes downward in both directions
			 away from such line.
(32)
			 "Groundwater plume" means groundwater that has been polluted by a release and
			 is emanating from a release area and in which one or more substances from such
			 release is p concentration above the laboratory reporting limit.
(33) " Groundwater protection criteria" or
			 "GWPC" means the criteria identified in Appendix C of the RSRs, alternative
			 groundwater protection criteria calculated by an LEP or approved by the
			 commissioner pursuant to section
			 22a-133k-3(d)(2)
			 of the RSRs, or groundwater protection criteria approved by the commissioner
			 pursuant to section
			 22a-133k-3(i)(1)
			 of the RSRs.
(34) "Hardscape" means
			 man-made features that are incorporated into landscaped areas, including
			 walkways constructed with asphalt, concrete, or pavers; gravel parking areas
			 and driveways; paved or gravel storm water features; placement of natural rock;
			 rip-rap; and non-vegetated retaining walls.
(35) "Hazard index" means the calculation of
			 the potential for non-cancer health effects as a result of exposure to one or
			 more substances with the same or similar modes of toxic action or toxic
			 endpoints.
(36) "Hydraulic
			 gradient" means the change in hydraulic head per unit distance.
(37) "Hydraulic head" means the elevation to
			 which water rises in a piezometer or a well.
(38) "Immobilization" or "Immobilize" means
			 the act of binding a substance to create a solid that is resistant to leaching
			 and eliminates or virtually eliminates the mobility of a substance from such
			 solid, including, but not limited to, solidification to physically bind or
			 enclose a substance within a stabilized mass, stabilization through chemical
			 reactions between a stabilizing agent and a substance, or encapsulation by
			 coating a substance.
(39)
			 "Inaccessible soil" means soil that meets at least one of the following
			 conditions:
(A) Is more than four feet below
			 the ground surface;
(B) Is more
			 than two feet below a paved ground surface comprised of bituminous concrete
			 that, at a minimum, is three inches thick or reinforced concrete that, at a
			 minimum, is four inches thick;
(C)
			 Is beneath a building or other permanent structure; or
(D) Is polluted fill:
(i) Beneath a paved ground surface comprised
			 of bituminous concrete that, at a minimum, is three inches thick or reinforced
			 concrete that, at a minimum, is four inches thick; and
(ii) That exceeds the applicable direct
			 exposure criteria solely due to:
(I)
			 Semi-volatile organic substances or petroleum hydrocarbons that are normal
			 constituents of bituminous concrete ; or
(II) Metals at concentrations that are equal
			 to or less than two times the applicable direct exposure criteria .
(40)
			 "Industrial/commercial activity" means any activity related to the commercial
			 production, distribution, manufacture or sale of goods , services, or any other
			 activity which is not a residential activity .
(41) "Industrial/commercial direct exposure
			 criteria" means the criteria identified as industrial/commercial direct
			 exposure criteria in Appendix A of the RSRs, alternative direct exposure
			 criteria approved by the commissioner pursuant to section
			 22a-133k-2(d)
			 of the RSRs, or direct exposure criteria approved by the commissioner pursuant
			 to section
			 22a-133k-2(b)(7)
			 of the RSRs.
(42)
			 "Industrial/commercial volatilization criteria" means the criteria identified
			 as industrial/commercial volatilization criteria in Appendix E and Appendix F
			 of the RSRs, alternative volatilization criteria approved by the commissioner
			 pursuant to section
			 22a-133k-3(c)(4)
			 of the RSRs, or volatilization criteria approved by the commissioner pursuant
			 to section
			 22a-133k-3(i)(3)
			 of the RSRs.
(43) "Intermittent
			 watercourse" is a type of watercourse, as the term is defined in section 22a-38
			 of the Connecticut General Statutes, delineated in accordance with section
			 22a-38 of the Connecticut General Statutes.
(44) "Laboratory reporting limit means the
			 lowest concentration at which an analyte can be detected in a sample of
			 environmental media by a laboratory certified by the Department of Public
			 Health pursuant to section 19a-29a of the Connecticut General Statutes and
			 which concentration can be reported with a reasonable degree of accuracy and
			 precision pursuant to section 22a-133k-l(h) of the RSRs.
(45) "Licensed environmental professional" or
			 "LEP" means an environmental professional who has a current valid license
			 issued by the commissioner pursuant to section 22a-133v of the Connecticut
			 General Statutes.
(46) "Matrix
			 interference " means either a positive or negative effect when measuring the
			 concentration of a substance in a sample that creates erroneous results for an
			 analyte.
(47) "Maximum extent
			 practicable" means the greatest degree of remediation that can be achieved
			 using sound engineering and hydrogeologic practices without taking cost into
			 consideration.
(48) "Maximum extent
			 prudenf means the greatest degree of remediation that can be achieved using
			 sound engineering and hydrogeologic practices that the commissioner deems
			 reasonable, taking into consideration cost in proportion to social and
			 environmental benefits, provided that a mere showing of expense will not
			 necessarily render an alternative unreasonable.
(49) "Monitored natural attenuation" means
			 representative groundwater monitoring of the natural attenuation of each
			 substance in a groundwater plume to a concentration equal to or less than
			 groundwater criteria, provided such monitoring demonstrates that:
(A) Such attenuation is occurring, and will
			 continue to occur, as evidenced by changes in chemical concentrations,
			 alterations of chemical components, and hydrogeologic conditions within the
			 aquifer after completing the remediation of a release area in a manner that
			 will achieve compliance with the RSRs; and
(B) The only remaining groundwater plume from
			 a release is a diminishing state groundwater plume.
(50) "Natural attenuation" means a decrease
			 in concentration of a substance in groundwater through operation of natural
			 physical or chemical processes, including, but not limited to, adsorption,
			 absorption, dilution, phase transfer, oxidation, organic complexation,
			 biodegradation, dispersion and diffusion.
(51) "Naturally occurring" means present in
			 the environment in forms that have not been influenced by human
			 activity.
(52) "Ninety-five (95)
			 percent upper confidence level of the arithmetic mean" m value that, when
			 repeatedly calculated for randomly drawn subsets of size
n
from a popular equals or exceeds the population arithmetic mean ninety-five
			 (95) percent of the time.
(53)
			 "Non-aqueous phase liquid" or "NAPL" means a liquid that is not dissolved in
			 water.
(54) "Notice of Activity and
			 Use Limitation" or "NAUL" has the same meaning provided in section 22a-133q-l
			 of the Regulations of Connecticut State Agencies.
(55) "Organoleptic" means the capability to
			 produce a detectable sensory stimulus such as odor or taste.
(56) "Parcel" means a piece, tracts or lot of
			 land, together with the buildings and other improvements situated thereon, a
			 legal description of which piece, tracts or lot is contained in a deed or other
			 instrument of conveyance.
(57) "
			 PCBs" means polychlorinated biphenyls.
(58) "PPB" means parts per billion.
(59) "PPM" means parts per million.
(60) "Person" has the same meaning as
			 provided in section 22a-2(b) of the Connecticut General Statutes.
(61) "Pesticide" has the same meaning as
			 provided in section 22a-47(w) of the Connecticut General Statutes.
(62) "Pollutant mobility criteria" or "PMC"
			 means the criteria identified in Appendix B of the RSRs, alternative pollutant
			 mobility criteria calculated by an LEP or approved by the commissioner pursuant
			 to section
			 22a-133k-2(d)
			 of the RSRs, or pollutant mobility criteria approved by the commissioner
			 pursuant to section
			 22a-133k-2(c)(6)
			 of the RSRs.
(63) "Polluted fill"
			 means soil which contained polluting substances at the time such soil was
			 deposited as fill material.
(64)
			 "Polluted material" means soil that has been historically intermixed with coal
			 ash, wood ash, coal fragments, coal slag, coal clinkers, asphalt paving
			 fragments, or any combination thereof
(65) "Polluted soil" means soil affected by a
			 release of a substance at a concentration above the laboratory reporting limit
			 for such substance.
(66)
			 "Pollution" has the same meaning as provided in section 22a-423 of the
			 Connecticut General Statutes.
(67)
			 "Potential public water supply resource" means any "potential well fields" as
			 defined in section 22a-354a of the Connecticut General Statutes, or any area
			 mapped by the commissioner pursuant to section 22a-354c(b) of the Connecticut
			 General Statutes.
(68) "Public
			 roadway" means any portion of a federal, state, town, or other public highway,
			 including, but not limited to, road, street, parkway, limited access highway,
			 boulevard, or avenue paved with bituminous concrete or concrete, under the
			 control of the federal government, the state or any political subdivision of
			 the state, any quasi-governmental entity or municipal economic development
			 agency or entity created or operating under the Connecticut General Statutes,
			 that is dedicated, appropriated, or open to the movement of vehicles or
			 pedestrians, including appurtenant sidewalks, medians, and shoulders, but
			 excluding landscaped or grassy areas beyond the outer edge of the travel
			 way.
(69) "Public water supply
			 distribution system" means any combination of pipes, tanks, pumps, etc. which
			 deliver water from the source or treatment facility to the consumer from any
			 water company, as defined in section 25-32a of the Connecticut General
			 Statutes, supplying water to two (2) or more consumers, or twenty-five (25) or
			 more persons daily, at least sixty (60) days of the year.
(70) "Q99" means the daily stream flow that
			 is predicted to be equaled or exceeded on ninety-nine (99) percent of days in a
			 year, and is calculated using methods developed by the U.S. Geological Survey
			 (Stream Stats).
(71) "Release"
			 means any discharge, spillage, uncontrolled loss, seepage, filtration, leakage,
			 injection, escape, dumping, pumping, pouring, emitting, emptying, or disposal
			 of a substance.
(72) "Release area"
			 means the land area at and beneath which polluted soil is located as a result
			 of a release.
(73) "Remediation"
			 means the containment, removal, mitigation, or abatement of pollution , or a
			 substance which poses a risk to human health or the environment, and includes,
			 but is not limited to, the reduction of pollution by natural
			 attenuation.
(74) "Reasonable
			 confidence protocols" or "RCPs" means any reasonable confidence protocols,
			 quality assurance requirements, or quality control requirements, posted by the
			 commissioner on the department's internet website, regarding the laboratory
			 measurements of the concentration of a substance in a sample.
(75) "Remediation Standard Regulations" or
			 "RSRs" means sections 22a-133k-l to 22a-133k-3, inclusive, of the Regulations
			 of Connecticut State Agencies, including Appendix A to Appendix I, inclusive,
			 of said regulations and when identified by a specific reference, "RSRs" also
			 means any individual section or specific provision of sections 22a-133k-l to
			 22a-133k-3, inclusive, of the Regulations of Connecticut State Agencies,
			 including Appendix A to Appendix I, of said regulations.
(76) "Residential activity" means any
			 activity at
(A) A place intended for people to
			 live, including, but not limited to, a residence, dwelling, house, apartment,
			 condominium, nursing home, or dormitory:
(B) A pre-school, primary school, secondary
			 school, day care center, playground, or outdoor recreational area: or
(C) A hospital, solely for the purposes of
			 compliance with volatilization criteria.
(77) "Residential direct exposure criteria"
			 means the criteria identified as residential direct exposure criteria in
			 Appendix A of the RSRs, alternative direct exposure criteria approved by the
			 commissioner pursuant to section
			 22a-133k-2(d)
			 of the RSRs, or direct exposure criteria approved by the commissioner pursuant
			 to section
			 22a-133k-2(b)(7)
			 of the RSRs.
(78) "Residential
			 volatilization criteria" means the criteria identified as residential
			 volatilization criteria in Appendix E and Appendix F of the RSRs, alternative
			 volatilization criteria approved by the commissioner pursuant to section 22a-13
			 3k-3 (c)(4) of the RSRs, or volatilization criteria approved by the
			 commissioner pursuant to section
			 22a-133k-3(i)(3)
			 of the RSRs.
(79) "Seasonal high
			 water table" means, on an annual basis, the highest plane in the ground at
			 which all pore spaces are filled with water at atmospheric pressure.
(80) "Seasonal low water table" means, on an
			 annual basis, the lowest plane in the ground at which all pore spaces are
			 filled with water at atmospheric pressure.
(81) "Sedimenf means unconsolidated material
			 occurring in a watercourse, as that term is defined in section 22a-38 of the
			 Connecticut General Statutes, and in estuarine water or marine water.
(82) "Semi-volatile organic substance" means
			 an organic substance that has a higher molecular weight and higher boiling
			 point than a volatile organic substance.
(83) "Soil" means unconsolidated geologic
			 material overlying bedrock, land.
(84) "Soil water" means that portion of
			 "waters," as defined in section 22a-423 of the Connecticut General Statutes,
			 which is above the water table.
(85) "Soil vapor" means gaseous substances in
			 the space between particles of soil.
(86) "SPLP" means Synthetic Precipitation
			 Leaching Procedure EPA Method 1312 as set forth in "Test Methods for Evaluating
			 Solid Waste: Physical/Chemical Methods", SW-846, U.S. Environmental Protection
			 Agency, Office of Solid Waste, Washington D.C. 20460.
(87) "Substance" means an element, compound
			 or material which, when added to air, water, soil or sediment, may alter the
			 physical, chemical, biological or other characteristic of such air, water, soil
			 or sediment.
(88) "Subject area"
			 means an area where the RSRs require an EUR to be placed and maintained as part
			 of the selected remedial approach. "Subject area" includes the area subject to
			 the restrictions and requirements of an EUR after such EUR has been recorded.
			 There can be multiple subject areas on a parcel, or an entire parcel may
			 comprise a single subject area.
(89) "Surface-water protection criteria" or
			 "SWPC" means the criteria identified in Appendix D of the RSRs, alternative
			 surface water protection criteria calculated by an LEP or approved by the
			 commissioner pursuant to section
			 22a-133k-3(b)
			 of the Regulations of Connecticut State Agencies, or surface water protection
			 criteria approved by the commissioner pursuant to section
			 22a-133k-3(i)(2)
			 of the RSRs.
(90) "TCLP" means
			 Toxicity Characteristic Leaching Procedure EPA Method 1311 as set forth in
			 "Test Methods for Evaluating Solid Waste: Physical/Chemical Methods", SW-846,
			 U.S. Environmental Protection Agency, Office of Solid Waste, Washington D.C.
			 20460.
(91) "Technically
			 impracticable" means a determination by the commissioner that further reduction
			 of the concentration of a substance in soil or groundwater cannot be achieved
			 using sound engineering and hydrogeologic remediation practices.
(92) "TI Zone" means the areal extent of a
			 substance that is technically impracticable to remediate to the applicable
			 groundwater criteria.
(93)
			 "Upgradienf means in the direction of maximum rate of increase of hydraulic
			 head.
(94) "Upgradient area" with
			 respect to a release area of a substance means the area bounded by:
(A) The width of the release area of such
			 substance perpendicular to the direction of groundwater flow;
(B) Two side boundary lines parallel to the
			 upgradient direction of groundwater flow extending from the two endpoints of
			 said width to the upgradient parcel boundary; and
(C) The upgradient parcel boundary extending
			 between the two side boundary lines , excluding any portion of such upgradient
			 area that is affected by any other release of such substance, or beneath an
			 existing permanent structure.
(95) "Volatilization criteria" means the
			 criteria identified in Appendix E and Appendix F of the RSRs, alternative
			 volatilization criteria approved by the commissioner pursuant to section 22a-13
			 3k-3 (c)(4) of the RSRs, or volatilization criteria approved by the
			 commissioner pursuant to section
			 22a-133k-3(i)(3)
			 of the RSRs.
(96) "Volatilization
			 criteria for groundwater" means the criteria identified in Appendix E of the
			 RSRs, alternative volatilization criteria approved by the commissioner pursuant
			 to section 22a-13 3k-3 (c)(4) of the RSRs, or volatilization criteria approved
			 by the commissioner pursuant to section
			 22a-133k-3(i)(3)
			 of the RSRs.
(97) "Volatilization
			 criteria for soil vapor" means the criteria identified in Appendix F of the
			 RSRs, alternative volatilization criteria approved by the commissioner pursuant
			 to section 22a-13 3k-3 (c)(4) of the RSRs, or volatilization criteria approved
			 by the commissioner pursuant to section
			 22a-133k-3(i)(3)
			 of the RSRs.
(98) "Volatile organic
			 substance" means an organic substance that has a high vapor pressure and low
			 boiling point at room temperature.
(99) "Volatile petroleum substance" means a
			 volatile organic substance found in gasoline, diesel fuel, fuel oil, heating
			 oil, kerosene, jet fuel, or similar fuels, along with volatile organic
			 substances that may have been used as fuel additives.
(100) "Water table" means the plane in the
			 ground at which all pore spaces are filled with water at atmospheric
			 pressure.
(101) "Water quality
			 criteria" means the lower of the human health or aquatic life criteria
			 contained in Table 3 of the Water Quality Standards.
(102) "Water quality standards" means the
			 Connecticut Water Quality Standards in sections 22a-426-l to 22a-426-9,
			 inclusive, of the Regulations of Connecticut State Agencies and the
			 Classification Maps adopted pursuant to section 22a-426 of the Connecticut
			 General Statues.
(103) "Wetland"
			 has the same meaning as "wetlands" as provided in section 22a-38(15) of the
			 Connecticut General Statutes or "wetland" as provided in section 22a-29(2) of
			 the Connecticut General Statutes.