250 R.I. Code R. 250-RICR-140-05-6.1

Current through October 15, 2024
Section 250-RICR-140-05-6.1 - Petroleum Contaminated Soil Processing Facility
A. General Information: All general requirements set forth in § 1.5 of this Subchapter must be submitted.
B. Applicability: §§ 6.1, 6.2, 6.3, and 6.4 through 6.9 of this Part regulate the design, construction, and operation of facilities that process virgin petroleum contaminated soil that has been generated from aboveground or underground petroleum leaks or spills.
C. Radius Plan: A radius plan, including all the information listed below, shall be submitted. A radius plan must be drawn to a minimum scale of one inch to two hundred feet (1" = 200 feet) adjusted to fit on standard 24 x 36 inch sheets and including all areas within a one quarter (1/4) mile radius out from all property lines on the site. The required information includes:
1. Zoning of the area as required in § 1.5(E)(5) of this Subchapter.
2. Legal boundaries of the site certified by a Registered Land Surveyor in the State of Rhode Island.
3. All roads.
4. All buildings and dwellings.
5. All water supplies (wells, etc.).
6. All surface water courses.
7. North arrow.
8. Locus Plan.
D. Site Plan: A site plan, including all of the information listed below for all areas within the site, shall be submitted. The site plan must be drawn to a minimum scale of one inch to one hundred feet (1" = 100 feet), adjusted to fit on standard 24 x 36 inch sheet(s). The required information includes:
1. Legal boundaries of site certified by a Registered Land Surveyor in the State of Rhode Island.
2. Proposed fences and gates.
3. Roads.
4. On-site traffic patterns.
5. Employee and visitor parking areas and truck parking areas.
6. Weighing facilities.
7. Buildings and equipment.
8. Load inspection area.
9. Unprocessed soil storage area(s).
10. Temporary storage area(s) for bulky, unprocessible, or prohibited waste.
11. Ash storage area.
12. Residue disposal area.
13. Processed soil storage area(s).
14. Power and pipe lines and other utilities (e.g. water, sewer, gas, electric, telephone, etc.) including:
a. Any aboveground or underground active or abandoned utility lines.
b. Any aboveground or underground storage tanks.
15. Fuel storage area(s).
16. Wells, including groundwater supply and groundwater observation wells.
17. Surface water courses.
18. Proposed leachate collection and treatment facilities.
19. Site drainage facilities.
20. Fire protection equipment.
21. Landscaping.
22. Buffer zones.
23. North arrow.
E. Construction and Engineering Plans and Specifications: A complete set of construction and engineering plans and specifications relating to all buildings, structures, equipment, and key features of the facility must be submitted to the Department.
F. Operating Plan
1. An operating plan shall be submitted including information on all numbered sections below. The minimum requirement for information to be provided is outlined in each section.
2. The applicant must demonstrate an ability to comply with the General Operating Standards (§ 1.7 of this Subchapter), as well as the petroleum contaminated soil processing facility operating and design standards in §§ 6.2 and 6.3 of this Part respectively. The following information shall be included in the operating plan:
a. Operating Rates and Design Capacities
(1) Expected contaminated soil processing rate (tons/hour and/or tons/day), including ranges and average rate.
(2) Rated contaminated soil processing capacity of the facility (tons/hour and/or tons/day).
b. Population and Service Area Expected source(s) of soil, by type of spill or application.
c. Operating Hours
(1) The days and hours that the facility will be open to receive contaminated soil, and when soil will be processed.
(2) Discussion of any seasonal variations in the operating hours, including planned facility shutdown periods (if any).
d. Provisions for Limited Access (see also § 1.7(C) of this Subchapter)
(1) Description and name of access road(s) into the facility and egress road(s) from the facility.
(2) Security equipment and location, including physical description of any fencing around the facility and physical description of barriers or gates at access/egress points.
(3) Any natural land features or other conditions which prevent access to the facility.
(4) Security personnel locations, activities, and work schedules (if any).
e. Waste Analysis Plan

The goal of the waste analysis plan is to ensure that the facility does not accept any hazardous waste; or any non-hazardous waste for which it is not licensed, or which may pose a threat to human health or the environment. Details of information to be included in the waste analysis plan are provided in § 6.4 of this Part.

f. Transportation Practices
(1) A description of transportation practices to be used by transporters of incoming and outgoing soil (see § 6.2(E) of this Part for further details).
(2) Discussion of on-site traffic control measures and traffic flow patterns.
g. Manifested Loads and Rejected Loads
(1) A description of the procedure to be used for accepting manifested material, if any.
(2) Explanation of how rejected loads (including waste classified as hazardous by the Rules and Regulations for Hazardous Waste Management, Subchapter 10 Part 1 of this Chapter]) will be handled.
h. Weighing Facilities
(1) Physical description of weighing facilities.
(2) Details of information to be recorded on incoming vehicles carrying solid waste, outgoing empty vehicles and outgoing vehicles carrying non-processible wastes, rejected loads, processed soil, etc.
(3) Description of any equipment used to record and store weighing information.
i. Operating Logs

A description of the operating log(s) which will be maintained at the facility, including samples of forms. A running inventory shall be maintained of the wastes which are accepted, processed, and sent off-site. The date of acceptance, date of processing, and source of material should also be identified.

j. Storage of Unprocessed and Processed Soil

A description of the storage method to be used for the incoming waste and outgoing material. The incoming waste storage must minimize precipitation run-on and run-off and must segregate different shipments pending analysis. The storage capacity of the facility must be provided (see §§ 6.3(B) and (C) of this Part for further details).

k. Process Equipment

A description of the process equipment must include any air pollution control equipment. Operating parameters and process capacity must also be included. Process control and instrumentation shall be delineated.

l. Loading and Unloading

A description of the loading and unloading operations at the facility, including a description of how dust will be minimized.

m. Facility Housekeeping Procedures
(1) Identification of the areas at the facility susceptible to:
(AA) Dust problems.
(BB) Litter problems.
(CC) Odor problems.
(DD) Vector problems.
(2) A detailed description of the proposed design and/or operational procedures to control and prevent these problems.
n. Air Pollution

A description of how compliance with § 1.4(C) of this Subchapter will be achieved.

o. Water Pollution
(1) A description of water and wastewater treatment and disposal (if any).
(2) A description of procedures showing how compliance with § 1.4(B) of this Subchapter will be achieved.
p. Residue Storage and Disposal
(1) A description of how any residues collected in the air pollution control equipment will be managed. This material should be periodically tested to determine if it is hazardous waste.
(2) Identification of the residue's ultimate use or disposal destination.
q. Non-processible and Bulky Waste A description of how any non-processed (prohibited or screened) waste is handled, managed, and disposed.
r. Processed Soil
(1) Identification of the intended uses of the processed soil (see § 6.2(F) of this Part for further details).
(2) Identification of the allowable limits of analytical parameters in the processed soil, and discussion of sampling procedures.
(3) Discussion of management of any soil is rejected because it fails tests in § 6.1(F)(2)(r) ((2)) of this Part, or for any other reasons.
s. Inspection
(1) Discussion of facility items to be inspected on a regular basis.
(2) An inspection schedule to be followed by plant personnel to monitor the equipment, and provide for remedial action, if needed.
(3) Sample of inspection form or documentation of inspection.
t. Routine Overhaul and Maintenance
(1) A list of facility items to be repaired or maintained on an ongoing basis.
(2) The anticipated schedule for repair or maintenance of each item.
(3) Technical literature (if any) on inspection, maintenance, and overhaul procedures.
u. Substitute Disposal and/or Transfer Arrangements
(1) Identification of an alternate solid waste management facility to process or dispose of contaminated soil and other solid waste on site, in the event of equipment failure or facility shutdown.
(2) Discussion of outage time intervals that would trigger actions in § 6.1(F)(2)(u) ((1)) of this Part.
(3) Documentation of the agreement with the substitute facility.
v. Personnel and Duties
(1) Staffing
(AA) An organizational/manning chart for the facility.
(BB) Job descriptions, i.e., duties and responsibilities for each facility position. Include any requisite skills, experience, etc., where appropriate.
(CC) In the event of a multiple-shift operation, the staffing provided for each shift.
(2) Personnel Training

A description of the procedures to be used for training personnel to operate the facility in accordance with regulations and in a safe manner. An outline of the training curriculum and sample training documentation must be provided.

w. Personnel Protection and Safety
(1) Discussion of design, operation, and maintenance safety provisions, per § 1.7(M)(1) of this Subchapter.
(2) Personnel safety equipment and clothing used for normal work activities.
(3) Protective equipment and clothing for emergency situations.
x. Fire Control and Prevention Provisions
(1) Discussion of facility design or operating provisions, relative to fire prevention.
(2) A description of the specific fire protection equipment on site, water supply for firefighting and other firefighting media, along with a justification of its adequacy.
(3) Documented agreement with nearby fire department to provide emergency service whenever called.
y. Contingency Plan

An outline of specific steps to be taken in the event of any foreseeable emergency or accident.

z. Communication Equipment

Description of the type(s) of communication devices available in the facility. A telephone is a requirement.

aa. Records

A list of all documents that will be stored as records of facility operation, the storage location, and the time period the information will be retained.

bb. Aesthetics

Discussion of any landscaping, buffering, setbacks, or other measures to reduce potential negative visual impacts off-site.

G. Closure Plan. This plan will include the following, at minimum:
1. Planned or estimated year or time period of proposed closure.
2. Measures taken to remove all remaining contaminated soil and any other solid waste from the facility. At least two off-site disposal facilities should be identified.
3. A description of the decommissioning and cleaning of the facility before it is taken out of service. All surfaces which were in contact with contaminated soil must be cleaned with a steam jenny and the resulting wash waters must be handled appropriately. Some criteria, either visual or analytical or both, must be proposed for verifying when decontamination is satisfactory. Any contractors or off-site facilities to be used should be identified.
4. Methods to restrict access and prevent additional waste disposal at the facility.
5. Physical description and location of any fences or gates placed at the facility.
6. Legal boundaries of the closed area.
7. Methods of protecting ground and surface water and controlling air emissions in the vicinity of the facility.
8. Intended future use of the facility following closure (immediate and long-term use). The ultimate fate of all equipment used in the licensed operation should be discussed.
9. With respect to the closure cost estimate (§ 1.5(J)(2)(a) of this Subchapter), the scenario chosen for the estimate shall be derived from the most expensive reasonably foreseeable situation; e.g., third party labor costs and off-site disposal of all stock-piled soil. It should not be assumed that the facility will be able to process the remaining soil, or that facility personnel will be able to carry out the closure plan. All costs, e.g., administrative, labor, equipment, analytical, etc. must be included. The source of any price quotations should be identified.
10. With respect to the financial assurance (§ 1.5(J)(2)(b) of this Subchapter), the applicant must post financial assurance for the full amount of the closure cost estimate as a pre-condition for the issuance of a solid waste management facility license.

250 R.I. Code R. 250-RICR-140-05-6.1

Amended effective4/22/2020