Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 29 - Corrective Action of Petroleum Storage Tank Releases › Subchapter 3 - Release Prevention, Detection and Correction › Part 3 - REMOVAL AND CLOSURE OF PETROLEUM STORAGE TANK SYSTEMS › Section 165:29-3-65 - Assessing backfill material at closure or change in service

Current through Vol. 41, No. 20, July 1, 2024
(a) As directed by PSTD, backfill material
				  that is removed when an underground storage tank or associated piping is
				  removed from the subsurface may be tested for BTEX, TPH (GRO and/or DRO,
				  whichever is appropriate) and total lead, if appropriate.
(b) As directed by PSTD excavated backfill
				  material may be sampled at a rate of one composite sample (composed of 10 grab
				  samples) per 50 cubic yards of material, which must be analyzed by a laboratory
				  certified by DEQ.
(c) The consultant
				  or tankowner may put excavated backfill back into the tankpit while waiting for
				  sampling results, but if the backfill needs to be re-excavated and replaced
				  with clean backfill, the re-excavation is not a reimbursable expense.
(d) After reviewing analytical
				  results, PSTD will determine if concentrations of Chemicals of Concern are at
				  levels that pose a threat to human health, safety and/or the environment, and
				  should be removed. This decision will be based upon analytical levels and
				  specific site conditions such as, but not limited to, lithology of the tankpit
				  walls and surrounding native soils, gradient and direction of groundwater flow,
				  and potential receptor exposure to Chemicals of Concern.
(e) Contaminated backfill and tankpit water
				  that poses a threat to human health and/or the environment as determined by
				  PSTD must be removed from the site to a proper disposal site and replaced by
				  clean backfill, or may be remediated above grade to concentrations below action
				  levels or ORBCA-related cleanup levels.
(f) Expenses incurred in the removal and
				  disposal (but not re-excavation, see (c) above) of contaminated backfill and
				  tankpit water may be reimbursable by the Fund only with written or documented
				  verbal pre-approval (i.e., confirmed by email) from PSTD Technical staff.
				  Reimbursement of eligible backfill disposal costs can only be paid when
				  associated with an active, confirmed release case.
(g) Reimbursable backfill expenses identified
				  in Section (f) above do not apply to new tank installations. If existing tanks
				  are removed and replaced with new tanks, in order to ensure the efficacy of the
				  cathodic protection, old backfill must be removed and new backfill must be
				  placed in the tankpit. If the backfill is contaminated to the degree that it
				  must be taken to a landfill, backfill removal and disposal costs are not
				  reimbursable expenses.
(h) No soil,
				  backfill material, or groundwater is to be removed from the site without prior
				  PSTD approval and proper laboratory characterization unless otherwise directed
				  by PSTD.
Added at 17 Ok Reg
					 2317, eff 6-26-00; Amended at 18 Ok Reg 1085, eff 5-11-01; Amended at 22 Ok Reg
					 1785, eff 7-1-05; Amended at 26 Ok Reg 1841, eff
					 7-1-09