Okla. Admin. Code § 165:10-7-33

Current through Vol. 42, No. 2, October 1, 2024

Section 165:10-7-33 - Use of truck wash pits

(a)Scope. This Section shall apply to truck wash pits. A truck wash pit is a pit used for the temporary storage of fluids generated from the washing or cleaning of a motor vehicle, trailer or container used to transport or store deleterious substances. Truck wash pit operators shall comply with all applicable Commission rules in OAC 165:30 Motor Carriers.

(b)Permit required. Any truck wash pit sought to be approved after the effective date of this Section will require a permit issued by the Conservation Division. For use of a truck wash pit without a permit, the operator may be fined up to $2,000.00. The operator of the proposed pit shall submit Form 1014T to the Manager of Field Operations for the Conservation Division for review and approval. Documents required to be submitted with the Form 1014T include, but are not limited to, the following:

(1) A detailed drawing of the site, with complete construction plans drawn to scale for the proposed truck wash pit, any leachate collection system, and specific completion information for all monitor wells.

(2) A plat map with section, township, range and county showing the location of the proposed truck wash pit and the location of the monitor wells in relation to the pit they monitor.

(3) If the site on which the truck wash pit is to be located is not owned by the operator of the proposed pit, the operator must submit a copy of the written agreement between the operator and the surface owner authorizing use of the site for the pit. The agreement shall address the disposition of the pit (whether pit is to be buried on site, removed, etc.) at the termination or expiration of the agreement.

(c)Surety requirements.

(1) Any operator of a truck wash pit shall file with the Manager of Field Operations for the Conservation Division an agreement to properly close the pit upon termination of operations. The agreement shall be on forms available from the Conservation Division and shall be accompanied by surety. The agreement shall provide that if the Commission finds that the operator has failed or refused to comply with Commission rules or take remedial action as required by law and Commission rules, the surety shall pay to the Commission the full amount of the operator's obligation up to the limit of the surety.

(2) The Commission shall establish the amount of surety in the permit for the authority to operate a truck wash pit. The amount of surety shall be based on factors such as the dimensions of the pit, and costs of reclamation, monitoring, plugging of monitor wells, pit closure, trucking of any deleterious substances, remediation and earth work. The amount may be subject to change for good cause. The surety shall be maintained for as long as monitoring is required. The type of surety shall be a corporate surety bond, certificate of deposit, irrevocable commercial letter of credit, or other type of surety approved by the permit. Any type of surety that expires shall be renewed prior to 30 days before the expiration date.

(d)Site restriction. No truck wash pit shall be constructed in any area that floods according to the Soil Conservation Service County Soil Survey (available for viewing at the Commission's Oklahoma City Office or appropriate Conservation Division District Offices).

(e)Construction requirements.

(1)Splash pad/apron. A splash pad/apron shall be constructed at the unloading area of any truck wash pit to the design and dimensions necessary to contain and direct all materials unloaded into the pit.

(2)Pit specifications. Any truck wash pit shall be constructed of concrete or steel or shall be lined with a geomembrane liner. The following specifications shall be met:

(A) Any concrete pit shall be steel-reinforced and have a minimum wall thickness of six inches.

(B) Any steel pit shall have a minimum wall thickness of three-sixteenths (3/16) inch. If a previously used steel pit is installed, it shall be free of corrosion or other damage.

(C) Any geomembrane liner shall meet these requirements:

(i) The geomembrane liner shall have a minimum thickness of 60-mils, shall be chemically compatible with the type of wastes to be contained, and shall have ultraviolet light protection.

(ii) The geomembrane liner shall be placed over a specially prepared, smooth, compacted surface void of sharp changes in elevation, rocks, clods, organic debris, or other objects.

(iii) The geomembrane liner shall be continuous (may include welded or extruded seams) and shall cover the bottom and interior sides of the pit entirely. Sewing of seams is prohibited. The edges shall be securely placed in a minimum twelve inch deep anchor trench around the perimeter of the pit.

(3)Certification of liner. The operator of any truck wash pit that is constructed with a geomembrane liner shall secure an affidavit signed by the installer, certifying that the liner meets minimum requirements and was installed in accordance with Commission rules. It shall be the operator's responsibility to maintain the affidavit and all supporting documentation pertaining to the liner, such as geomembrane liner specifications from the manufacturer, etc., and shall make them available to a representative of the Conservation Division upon request.

(4)Monitor wells or leachate collection system.

(A) Any truck wash pit shall be required to have a leachate collection system or a minimum of three monitor wells, one upgradient and two downgradient from the pit.

(B) No monitor well shall be installed more than 100 feet from a truck wash pit, nor shall any existing water well be used as a monitor well, unless written approval is given by the District Manager or Manager of Field Operations.

(C) All new monitor wells shall be drilled to a depth of at least ten feet below the top of the first free water encountered and shall be drilled and completed by a licensed monitor well driller. If documentation is submitted prior to drilling the monitor well to show that no free water will be encountered within a depth of 50 feet from the surface, the District Manager may require that monitor wells be drilled to a lesser depth.

(D) All new monitor wells shall meet the requirements as set out in rules established by the Oklahoma Water Resources Board, a removable and lockable cap shall be placed on top of the casing. The cap shall remain locked at all times, except when a well is being sampled. A key to each well shall be made available to the appropriate District Manager or Field Inspector upon request. Within 30 days of installation, specific completion information, a diagram of the locations and numerical labeling for all monitor wells shall be submitted to the appropriate District Manager.

(f)Operation and maintenance requirements.

(1)Exclusion of runoff water. No truck wash pit shall be allowed to receive runoff water.

(2)Freeboard. The fluid level in any concrete or steel truck wash pit shall be maintained at all times at least 6 inches below the top of the pit wall, unless otherwise specified on Form 1014T. Any geomembrane lined pit shall have a minimum of 24 inches freeboard at all times.

(3)Sampling of monitor wells or leachate collection systems.

(A) Sampling of monitor wells or leachate collection systems shall occur once every six months, during the months of January and July.

(B) The appropriate District Manager shall be notified at least 24 hours in advance of sampling to allow a Commission representative an opportunity to witness the sampling.

(C) Samples shall be collected, preserved, and handled by the operator according to EPA-approved standards (RCRA Groundwater Monitoring Technical Enforcement Guidance Document, EPA, OSWER-9950.1, September, 1986, pp. 99-107) and analyzed for pH, chlorides, Total Dissolved Solids (TDS) and Total Petroleum Hydrocarbons (TPH) by a laboratory certified by the Oklahoma Department of Environmental Quality or operated by the State of Oklahoma. Analysis of additional parameters may be required, as determined by the District Manager or Manager of Field Operations.

(D) If requested by the District Manager, each sample shall be split and an adequate portion (approximately one pint) properly labeled and delivered upon request or otherwise provided to the appropriate Conservation Division District Office or Field Inspector. A copy of each analysis and a statement as to the depth to groundwater encountered in each well or leachate collection system, or a written statement that no water was encountered, shall be forwarded to the appropriate Conservation Division District Office within 30 days of sampling.

(E) All samples delivered to the laboratory shall be accompanied by a chain of custody form. The chain of custody form and sample analyses must be submitted to the Conservation Division.

(4)Prevention of pollution. All truck wash pits shall be constructed, used, operated, and maintained at all times so as to prevent pollution. In the event of a nonpermitted discharge from a truck wash pit, sufficient measures shall be taken to stop or control the loss of materials and reporting procedures in 165:10-7-5(c) shall be followed. Any materials lost due to such discharge shall be cleaned up as directed by a representative of the Conservation Division.

(5)Oil film. The operator of a truck wash pit shall be responsible for the protection of migratory birds. Therefore, the Conservation Division recommends that to prevent the loss of birds due to oil films, all pits containing fluid be kept free of hydrocarbons, or be protected from access to birds. [See Advisory Notice in 165:10-7-3(c).]

(g)Closure requirements.

(1)Time limit. Within 90 days of the cessation of operation of any truck wash pit, such pit shall be emptied of all contents and filled with soil, except as otherwise provided in the written agreement between the operator and surface owner regarding the disposition of the pit at the termination or expiration of the agreement. All monitor wells shall be plugged with bentonite or cement, unless exempt in writing by the District Manager or Manager of Field Operations. The site shall be revegetated within 180 days.

(2)Burial. If any concrete, steel, geomembrane, or other materials associated with a truck wash pit are to be left on-site, they shall be buried under a minimum soil cover of three feet, pursuant to 165:10-3-17.

(3)Penalty for failure to meet closure requirements. An operator who fails to meet the closure requirements set out in this subsection may be fined up to $2,000.00.

(h)Additional requirements. The requirements set forth in this Section are minimum requirements. Additional requirements may be imposed if the site has certain limitations or other conditions of risk exist.

(i)Application to existing truck wash pits. Operators of truck wash pits permitted prior to the effective date of this Section must either comply with subsections and paragraphs (c), (e)(1), (e)(4), (f), (g) and (h) of this Section or close such pits within one (1) year of the effective date of this Section. All truck wash pits permitted, but yet to be constructed as of the effective date of this Section, shall also be subject to the construction requirements in paragraphs (e)(2) and (e)(3) of this Section.

(j)Variances. A variance from the time requirements of paragraph (g)(1) of this Section may be granted by the District Manager or Manager of Field Operations for justifiable cause. A written request and supporting documentation is required.

Okla. Admin. Code § 165:10-7-33

Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015.

Amended by Oklahoma Register, Volume 33, Issue 23, August 15, 2016, eff. 8/25/2016

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Amended by Oklahoma Register, Volume 36, Issue 21, July 15, 2019, eff. 8/1/2019