North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter T - WASTE NOT DISCHARGED TO SURFACE WATERS › Section .1500 - SOIL REMEDIATION › Section 02T .1504 - APPLICATION SUBMITTAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For all
				  applications the following shall be submitted to the permitting agency by the
				  applicant:
(1) a chemical analysis of the
				  contaminated soil to be remediated, including total petroleum hydrocarbons
				  (TPH), semivolatile and volatile organics, pH, and heavy metals. All methods
				  and procedures shall be in accordance with
				  15A NCAC
				  02H .0800;
(2) a determination of hazardous waste
				  constituents using the Toxicity Characteristic Leaching Procedure (TCLP)
				  described in 40 CFR
				  261.24. Any substance shall be considered a
				  hazardous waste if the results of the TCLP analysis indicate concentrations of
				  constituents greater than the federal regulatory level, unless documentation is
				  provided showing that the contaminated soil is not a hazardous waste and is
				  within the scope of this Section as provided in Rule .1501 of this Section. A
				  TCLP analysis shall be required for all applications for a permit to dispose of
				  petroleum-contaminated soil in accordance with the following criteria:
(A) If the source of the soil contamination
				  is a virgin (unused) petroleum product from an underground storage tank
				  regulated under Subtitle I of RCRA, the contaminated soil shall not be
				  considered a hazardous waste and no TCLP analysis shall be required. In lieu of
				  the TCLP analysis, certification of soil contamination from a virgin petroleum
				  product shall be required.
(B) If
				  an analysis of the virgin (unused) petroleum product is submitted showing
				  concentrations less than the regulatory level associated with the constituents
				  of the TCLP analysis (Table II.2 of the Federal Register, Volume 55, No. 61),
				  the contaminated soil shall not be considered a hazardous waste and no TCLP
				  analysis shall be required.
(C) For
				  soils contaminated with used motor oil, the soils shall be considered hazardous
				  unless proven otherwise by a TCLP analysis for volatile organics and metals
				  (EPA Hazardous Waste Nos. D004-D011).
(D) For soils contaminated by waste oil, a
				  TCLP analysis for all constituents in Table II.2 of the Federal Register,
				  Volume 55, No. 61, with the exception of pesticides and herbicides, shall be
				  required.
(E) For soils
				  contaminated with petroleum products not regulated under Subtitle I of RCRA,
				  excluding used motor and waste oils, the soils shall be considered hazardous
				  waste until proven otherwise.
(3) a site map showing location information
				  of boundaries and physical features with a horizontal scale of one inch equals
				  100 feet or less and topographic contour intervals not exceeding 10 feet or 25
				  percent of total site relief, whichever is less, and including the following:
[Note: The North Carolina Board of Examiners for Engineers
					 and Surveyors has determined, via letter dated December 1, 2005, that locating
					 boundaries and physical features, not pursuant to the purview of other licensed
					 professions, on maps pursuant to this Paragraph constitutes practicing
					 surveying under G.S. 89C.]
(A) all
				  property boundaries and all structures within the treatment, storage, and land
				  application areas;
(B) the location
				  of all wells, springs, lakes, ponds, or other surface drainage features within
				  500 feet of the waste disposal site;
(C) setbacks as required by Rule .1506 of
				  this Section; and
(D) all
				  residences or places of public assembly under separate ownership within 400
				  feet of the waste disposal site;
(4) for disposal sites encompassing more than
				  one acre, confirmation that an erosion control plan has been submitted to the
				  Division of Land Quality or its designee;
(5) the volume of contaminated soil to be
				  remediated; and
(6) a landowner
				  agreement to allow the use of the property for the purpose of remediating
				  contaminated soil. The agreement is not required when the permit applicant is
				  the sole landowner.