Current through Register Vol. 54, No. 24, June 15, 2024
Section 245.308 - Onsite storage of contaminated soil(a) Onsite storage of contaminated soil is prohibited unless performed as part of remedial action implemented in accordance with § 245.312 (relating to remedial action) or as provided for in subsection (b).(b) Onsite storage of contaminated soil may be performed if the soil does not present a threat to human health, safety or the environment and one of the following applies: (1) Soil excavation is necessary to perform a removal from service.(2) Soil excavation is performed as part of an interim remedial action.(c) Where excavated contaminated soil is stored onsite in accordance with subsection (b), the excavated soil shall be disposed of or active treatment of the excavated soil shall be initiated, within 90 days from the first day of storage or within an alternative time frame authorized by the Department in writing.(d) If contaminated soil is stored onsite, the responsible party shall manage the soil in accordance with applicable sections of Chapter 299, Subchapter A (relating to standards for storage of residual waste) and other applicable Department regulations. In addition to the requirements in § 299.131(a) (relating to general requirements), contaminated soil piles shall be completely and securely covered, for the duration of the storage period, with an impermeable material of sufficient strength, thickness, anchoring or weighting to prevent tearing or lifting of the cover, infiltration of precipitation or surface water runon, and exposure of the soil to the atmosphere. In addition to the requirements in § 299.115(b) (relating to nuisance control), appropriate steps shall be taken to deter public access to the storage area. This may include fencing, similar barriers, security patrols or warning signs.(e) The Department may require immediate removal of contaminated soil if the soil is not being properly stored or managed in accordance with subsection (c) or (d), or if the Department determines that storage poses a threat to human health, safety or the environment.