Ohio Administrative Code › Title 1301:7 - Division of State Fire Marshal › Chapter 1301:7-9 - Underground Storage Tanks › Section 1301:7-9-16 - Petroleum contaminated soil

Current through all regulations passed and filed through July 1, 2024
(A) Purpose and scope.
For the purpose of prescribing rules pursuant to divisions (A)
				and (E) of section
				3737.88
				and division (B) of section
				3737.882
				of the Revised Code, the state fire marshal hereby adopts this rule governing
				the storage, treatment, and disposal of petroleum contaminated soil excavated
				during corrective actions undertaken in response to releases of petroleum from
				underground storage tanks. This rule is adopted by the state fire marshal in
				accordance with Chapter 119. of the Revised Code and shall not be considered a
				part of the "Ohio Fire Code."
(B) Definitions.
(1) "Designated facility" means an area of
			 land not open to the public that is owned by, or under a written lease or
			 contract to, the owner and operator of an underground storage tank system that
			 is used to store or treat petroleum contaminated soil generated from one or
			 more of their UST sites.
(2)
			 "Disposal" means to abandon or discard.
(3) "Excavated soil" means soil removed from
			 the surface or subsurface in conjunction with a suspected release as that term
			 is defined in paragraph (C) of rule
			 1301:7-9-13
			 of the Administrative Code; in conjunction with a release as that term is
			 defined in paragraph (C) of rule
			 1301:7-9-13
			 of the Administrative Code; in conjunction with a confirmed release as that
			 term is defined in paragraph (C) of rule
			 1301:7-9-13
			 of the Administrative Code; or in conjunction with the closure-in-place or
			 permanent removal of an UST system pursuant to rule
			 1301:7-9-12
			 of the Administrative Code.
(4)
			 "Hazardous waste" has the same meaning as set forth in Chapter 3745-51 of the
			 Administrative Code.
(5) "Licensed
			 disposal facility" means a facility that has obtained such permits or licenses
			 that this or another state may require to accept materials for permanent
			 burial, destruction, or treatment including petroleum contaminated
			 soil.
(6) "Off-site" means not
			 located on the same parcel of land as the UST system that generated petroleum
			 contaminated soil or any parcel of land contiguous thereto that is owned or
			 under the control of the owner or operator of said UST system.
(7) "On-site" means located on the same
			 parcel of land as the UST system that generated petroleum contaminated soil or
			 any parcel of land contiguous thereto that is owned or under the control of the
			 owner or operator of said UST system. Property separated by a public or private
			 right-of-way or easement shall be considered contiguous.
(8) "Petroleum contaminated soil" or "PCS"
			 means soil that contains chemicals of concern in concentrations that exceed one
			 or more of the re-use action levels in table 1 found in paragraph (D)(1) of
			 this rule and excludes soil defined as hazardous waste.
(9) "Re-use" means to use a material for:
(a) The same purpose for which it was used
			 originally;
(b) A different purpose
			 for which the generator of the material receives compensation upon transfer to
			 another party; or
(c) Another
			 purpose having commercial value to the generator or a recipient of the
			 material.
(10) "Soil"
			 means solid and semi-solid earthen materials or backfill consisting of clay,
			 silt, sand, stones, or gravel and any debris contained therein.
(11) "Storage" means to accumulate, collect,
			 or stockpile excavated soil or petroleum contaminated soil on-site or
			 off-site.
(12) "Treatment" means
			 use of any method, process, or technique other than storage or disposal
			 designed to remove or reduce one or more chemicals of concern from petroleum
			 contaminated soil.