Section 312 IAC 29-25-5 - Remediation of contaminated soilsAuthority: IC 14-10-2-4; IC 14-37-3
Affected: IC 14-37
Sec. 5.
(a) Soils that have been contaminated by crude oil or produced water may be conducted in accordance with this section at the site of the contamination or at another location authorized by the division.(b) The division may authorize an owner or operator to remediate contaminated soils at a location other than the site of the spill or release following consideration of a request made on a form prescribed by the division including the following information: (1) The location and size of the proposed remediation site.(2) Authorization from the surface owner to perform remediation operations at the location.(3) An estimated volume of soils to be treated.(4) The source of the contaminated soil.(5) The method to be used to actively manage the remediation of contaminated soils at the site.(c) Contaminated soils less than eight (8) inches deep shall be remediated at the site of the contamination.(d) Contaminated soils extending to a depth greater than eight (8) inches shall be excavated and redistributed in a uniform layer on the surface of the remediation site authorized by the division in accordance with subsection (b) to a depth no greater than eight (8) inches.(e) Contaminated soil remediation areas shall be actively managed by the owner or operator by the use of commonly accepted remediation and bioremediation methods so the soils meet the following standards within twelve (12) months after the date of the spill: (1) Soils contaminated with crude oil must contain less than one percent (1%) total petroleum hydrocarbons (TPH).(2) Soils contaminated with produced water must contain less than one thousand (1,000) milligrams per liter of chloride.(f) The division may require an owner or operator to take other remediation action or remove the affected soil for disposal at a solid waste landfill or other waste management facility permitted by the Indiana department of environmental management to accept this type of waste if the soils do not meet the standards set forth in subsection (e) within twelve (12) months.(g) Active management, for purposes of subsection (e), involves the use of commonly accepted agricultural practices that are widely recognized as creating a soil environment favorable for cultivating microorganisms and other conditions that assist with the cleanup and remediation of contaminated soils. These practices usually include: (1) the incorporation of fertilizer, lime, and organic matter, as appropriate, into the soil material by tillage; and(2) ensuring the site receives adequate moisture; to enhance biologic activity or promote the removal of contaminants from the soil. Acceptable management practices are those published by the Integrated Petroleum Environmental Consortium (IPEC) in its "IPEC Guidelines for Bioremediation of Crude Oil Spills" dated January 12, 2004, and "IPEC Guidelines for Remediation of Small Brine Spills" dated January 12, 2004.
Natural Resources Commission; 312 IAC 29-25-5; filed 12/1/2017, 10:35 a.m.: 20171227-IR-312160230FRAReadopted filed 1/17/2023, 1:53 p.m.: 20230215-IR-312220328RFA