CHAPTER Env-Or 600
CONTAMINATED SITE MANAGEMENT
Statutory Authority: RSA 146-A:11-c, IV, V, & V-a; RSA
146-C:9, X & XI; RSA 147-A:3,
VII; RSA 147-F:18, I(b) & (h); RSA
485:3-b, I; RSA 485-C:4, III, VIII, IX,
& X; RSA 541-A:16, I(b)
Revision Note:
Document #8812, effective 2-1-07, readopted with amendments
and redesignated former Chapter Env-Wm 1600 titled Standards for Reporting and
Remediation of Oil Discharges as Env-Or 600 pursuant to a rules reorganization
plan for Department rules approved by the Director of the Office of Legislative
Services on 9-7-05.
The prior filings for former Env-Wm 1600 include the
following document:
#8198, eff
11-3-04
PART Env-Or 601
PURPOSE AND APPLICABILITY
Env-Or 601.01 Purpose. The purpose of these rules is to establish:
(a) Procedures and requirements for the
investigation, management, and remediation of contamination from the discharge
of regulated contaminants that adversely affect human health or the environment
resulting from human operations or activities;
(b) Procedures to obtain a groundwater management
permit as required by RSA 485-C;
(c) Procedures to restrict future property use
pursuant to RSA 147-F:15;
(d) Procedures and requirements for notification
of, and emergency and initial response actions in response to, a discharge of a
regulated contaminant; and
(e) Procedures for determining fees for expedited
reviews of environmental site assessment reports pursuant to RSA 485:3-b, I.
Source. (See Revision Note at chapter heading for Env-Or
600) #8812, eff 2-1-07; ss by #9213, eff 7-23-08; ss by #10831, eff 6-1-15
Env-Or 601.02 Applicability. This chapter shall apply to:
(a)
All environmental investigations and remediation of discharges of
regulated contaminants identified in this chapter, including oil, whether
conducted pursuant to RSA 146-A, RSA 146-C, RSA 147-A, RSA 147-B, RSA 147-F, or
RSA 485-C;
(b)
Groundwater management zones and groundwater management permits;
(c)
The procedures for the notification of discharges of regulated
contaminants identified in this chapter, including oil;
(d)
Emergency and initial response actions conducted in response to a
discharge of any regulated contaminant identified in this chapter, including
oil; and
(e) Requests for expedited review of
environmental site assessment reports pursuant to RSA 485:3-b, I.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #9213, eff 7-23-08; ss by #10831, eff
6-1-15
PART Env-Or 602
DEFINITIONS
Env-Or 602.01 “Activity and use restriction (AUR)” means
controls imposed at a site, to achieve or maintain a condition that is
protective of human health and the environment, which is recorded in the
registry of deeds for the county in which the site is located.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
602.02 “Ambient groundwater quality
standards (AGQS)” means “ambient groundwater quality standards” as defined in
RSA 485-C:2, I, as reprinted in Appendix C.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
602.03 “Background” means the
concentration of a chemical in the environment that would exist at a site in
the absence of a discharge, including chemicals that are ubiquitous and
consistently present at or in the vicinity of the site such as:
(a) Coal or wood ash associated with fill
material;
(b) Petroleum residues that are incidental to the
normal operation of motor vehicles;
(c) Asphalt pavement and petroleum compounds
contained in associated sub-base materials;
(d) Fertilizers that were applied in a manner
consistent with their labeling; and
(e) Pesticides that were applied in a manner
consistent with their labeling.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
602.04 “Certificate of completion” means
a certificate issued by the department which certifies that:
(a) The activities specified in an approved
remedial action have been completed;
(b) Any necessary activity and use restrictions
have been implemented;
(c) Any monitoring requirements are being met;
and
(d) All fees and costs due under RSA 146-A, RSA
146-C, RSA 147-A, RSA 147-B, and RSA 147-F have been paid.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
602.05 “Certificate of no further
action” means a certificate issued by the department which certifies that:
(a) No further investigation, remediation, or
other actions are required;
(b) Any necessary activity and use restrictions
have been implemented;
(c) Any monitoring requirements necessary to
implement an activity and use restriction are being met; and
(d) All fees and costs due under RSA 146-A, RSA
146-C, RSA 147-A, RSA 147-B, and RSA 147-F have been paid.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
602.06 “Chemical Abstract Service Number
(CAS No.)” means the unique identification number assigned to a particular
chemical substance by the Chemical Abstract Registry of the American Chemical
Society.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
602.07 “Contamination” means the
presence of any regulated contaminant, as defined herein, other than naturally
occurring substances at naturally occurring or background levels, in soil,
groundwater, soil gas, air, sediment, surface water, construction/excavation
debris, or any other material at a concentration that has the potential to
adversely affect human health or the environment.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
602.08 “Department” means the
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or 602.09 “Discharge” means the release or addition of
any regulated contaminant to land, groundwater, or surface water.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
602.10 “Engineer of record” means
“engineer of record” as defined in RSA 310-A:2, III, as reprinted in Appendix
C.
Source. #10831, eff 6-1-15
Env-Or
602.11 “Groundwater” means “groundwater”
as defined in RSA 485-C:2, VIII, as reprinted in Appendix C.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15 (from Env-Or 602.10)
Env-Or
602.12 “Groundwater contamination” means
a violation of the groundwater quality criteria specified in Env-Or 603.01.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15 (from Env-Or 602.11)
Env-Or
602.13 “Groundwater management permit”
means a permit issued pursuant to RSA 485-C:4, VIII and Env-Or 607 to a site
owner or responsible party to establish a groundwater management zone, manage
the use of contaminated groundwater, and monitor remedial progress.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15 (from Env-Or 602.12)
Env-Or
602.14 “Groundwater management zone
(GMZ)” means:
(a) Subject to (b), below, the subsurface volume
in which groundwater contamination associated with a discharge is contained; or
(b) For unlined solid waste landfills with no
groundwater contamination, the subsurface volume beneath the area delineated by
the property boundary.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15 (from Env-Or 602.13)
Env-Or
602.15 “Initial site characterization” means
a preliminary assessment following a discharge that is performed to collect
information regarding the subsurface conditions of a site, the extent of the
discharge, and potential receptors in the area.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15 (from Env-Or 602.14)
Env-Or
602.16 “Natural attenuation” means a
reduction in the mass, toxicity, mobility, volume, or concentration of
contaminants by physical, chemical, or biological processes without human
intervention.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15(from Env-Or 602.12)
(from Env-Or 602.15)
Env-Or
602.17 “Non-aqueous phase liquid (NAPL)”
means a liquid, containing any contaminant, that is immiscible or only
partially miscible in water and exists as a separate phase.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15 (from Env-Or 602.16)
Env-Or
602.18 “Oil” means “oil” as defined in
RSA 146-A:2, III, as reprinted in Appendix C.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15 (from Env-Or 602.17)
Env-Or
602.19 “Person” means any individual,
partnership, company, public or private corporation, political subdivision or
agency of the state, department, agency or instrumentality of the
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15 (from Env-Or 602.18)
Env-Or
602.20 “Point of contact (POC)” means a
person designated by a group of responsible parties to file reports and receive
notices on behalf of all of the responsible parties.
Source. #10831, eff 6-1-15
Env-Or
602.21 “Potential receptor” means a
living organism or an environmental medium that is in the pathway of
contamination from a discharge.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15 (from Env-Or 602.19)
Env-Or
602.22 “Potentiometric surface map”
means a map of the hydraulic head in an aquifer.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15 (from Env-Or 602.20)
Env-Or
602.23 “Presumptive remedy” means a
technology or process used to remediate a particular type of contamination,
which in other applications has been cost-effective based on historical
performance data for sites with similar hydrogeological characteristics and is
protective of human health and the environment.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15 (from Env-Or 602.21)
Env-Or
602.24 “Professional of record” means
the professional engineer or professional geologist licensed under RSA 310-A
who is responsible for the documents.
Source. #10831, eff 6-1-15
Env-Or
602.25 “Receptor” means a living
organism or an environmental medium that is exposed to contamination from a
discharge.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15 (from Env-Or 602.22)
Env-Or
602.26 “Regulated contaminant” means
“regulated contaminant” as defined in RSA 485-C:2, XIII, as reprinted in
Appendix C.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15 (from Env-Or 602.23)
Env-Or
602.27 “Remedial action” means any
measure or combination of measures that will, when implemented, ensure
attainment of a level of control of contaminants such that no contaminant will
adversely affect human health or the environment.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15 (from Env-Or 602.24)
Env-Or
602.28 “Remedial action plan” means
proposed actions to:
(a) Remove, treat, or contain contamination
sources;
(b) Mitigate indoor air contamination;
(c) Contain contaminated groundwater within the
limits of a groundwater management zone;
(d) Restore groundwater quality to meet
groundwater quality criteria of Env-Or 603.01; and
(e) Restore soil quality to meet soil remediation
criteria of Env-Or 606.19.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15 (from Env-Or 602.25)
Env-Or
602.29 “Responsible party” means any
person subject to the strict liability provisions of RSA 146-A:3-a, RSA
147-A:9, RSA 146-C:11, or RSA 147-B:10. For
any site where there is more than one responsible party, the term includes all
responsible parties or the point of contact, as applicable from the context of
the rule where the term is used.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15 (from Env-Or 602.26)
Env-Or
602.30 “Signature” means the name, mark,
symbol, sound, or digital or electronic logical association affixed to a record
to attest to its validity.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15 (from Env-Or 602.27)
Env-Or
602.31 “Site” means a place or location
where a discharge is known or suspected to have occurred and includes the full
extent of contamination resulting from the discharge.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15 (from Env-Or 602.28)
Env-Or
602.32 “Site investigation” means an
investigation of a discharge at a site and the off-site surrounding area, that
is performed to determine the location and full extent of contamination and
identify receptors and potential receptors.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15 (from Env-Or 602.29)
Env-Or 602.33 “Soil” means any unconsolidated material
above bedrock, regardless of particle size, produced by the physical and
chemical disintegration of bedrock and that might contain organic matter. Soil does not include sediment found in
surface water.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15 (from Env-Or 602.30)
Env-Or
602.34 “Surface water” means “surface
water” as defined in RSA 146-A:2, VI-b, as reprinted in Appendix C.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15 (from Env-Or 602.31)
Env-Or
602.35 “Water supply well” means a well
that serves as a drinking water supply, including any well serving a public
water system as defined in RSA 485:1-a, XV.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15 (from Env-Or 602.32)
Env-Or
602.36 “Writing” means any intentional
reduction to tangible form including letters, words, or numbers, or their
equivalent, set down by handwriting, typewriting, photostating, photographing,
magnetic impulse, mechanical or electrical recording, or other form of data
compilation.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15 (from Env-Or 602.33)
Env-Or
603.01 Groundwater Quality Criteria. Unless exempt under Env-Or 603.02, the
following criteria shall apply to all groundwaters of the state:
(a) Groundwater shall be suitable for use as
drinking water without treatment;
(b) Groundwater shall not contain any regulated
contaminant at a concentration greater than the ambient groundwater quality
standards in Env-Or 603.03; and
(c) Groundwater shall not contain any regulated
contaminant at a concentration such that the natural discharge of that
groundwater to surface water will cause a violation of a surface water quality
standard established in Env-Wq 1700.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
603.02 Exemptions to Groundwater
Quality Criteria. Groundwater
quality shall be exempt from the groundwater quality criteria of Env-Or 603.01
if:
(a) The groundwater is within a groundwater
discharge zone permitted in accordance with Env-Wq 402;
(b) The groundwater is within a groundwater
management zone permitted in accordance with Env-Or 607;
(c) The groundwater is contaminated solely with
salt and other de-icing chemicals applied for winter road maintenance;
(d) The groundwater contamination resulted from
backwash from a public water treatment facility that is subject to Env-Wq 402;
or
(e) The groundwater contamination is not the
result of human operations or activities.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
603.03 Ambient Groundwater Quality
Standards (AGQS).
(a) Pursuant to RSA 485-C:6, ambient groundwater
quality standards (AGQS) shall apply to all regulated contaminants that result
from human operations or activities.
(b) The following shall apply to Table 600-1,
below:
(1) The standard for
total trihalomethanes, namely bromoform, bromodichloromethane, dibromochloromethane,
and trichloromethane (chloroform), shall be 80 micrograms per liter (μg/L)
if the groundwater is contaminated by chlorinated water supplies;
(2) Positives for total coliform shall be
confirmed by the presence of other wastewater parameters, such as fecal
coliform, Escherichia coli, fecal streptococcus, nitrates, and chlorides;
(3) Unless otherwise noted, concentrations shall
be measured in micrograms per liter (μg/L), which is equivalent to parts
per billion (ppb); and
(4) Gross alpha radionuclides, radium 226 and
228, strontium 90, and tritium shall be measured in picocuries per liter
(pCi/L).
(c) AGQS shall be as set forth in Table 600-1
below:
Table 600-1 AMBIENT GROUNDWATER QUALITY STANDARDS |
||
Chemical Name |
CAS No. |
AGQS μg/L
(ppb) |
Acenaphthene |
83-32-9 |
420 |
Acenaphthylene |
208-96-8 |
420 |
Acetone |
67-64-1 |
6,000 |
Acrylonitrile |
107-13-1 |
5 |
Alachor |
15972-60-8 |
2 |
Aldicarb |
116-06-3 |
7 |
Aldicarb sulfone |
1646-88-4 |
7 |
Aldicarb sulfoxide |
1646-87-3 |
7 |
Aldrin |
309-00-2 |
0.1 |
Allyl chloride |
107-05-1 |
7.4 |
Anthracene |
120-12-7 |
2,100 |
Antimony |
7440-36-0 |
6 |
Arsenic, through
June 30, 2021 |
7440-38-2 |
10 |
Arsenic, as of July
1, 2021 |
7440-38-2 |
5 |
Atrazine |
1912-24-9 |
3 |
Barium |
7440-39-3 |
2,000 |
Benzene |
71-43-2 |
5 |
Benzidine |
92-87-5 |
0.8 |
Benzo(a)anthracene |
56-55-3 |
0.1 |
Benzo(a)pyrene |
50-32-8 |
0.2 |
Benzo(b)fluoranthene |
205-99-2 |
0.1 |
Benzo(g,h,i)perylene |
191-24-2 |
210 |
Benzoic Acid |
65-85-0 |
28,000 |
Benzo(k)fluoranthene |
207-08-9 |
0.5 |
Beryllium |
7440-41-7 |
4 |
Biphenyl, 1,1- |
92-52-4 |
350 |
bis-(2-chloroethyl)ether |
111-44-4 |
10 |
bis-(2-chloroisopropyl)ether |
39638-32-9 |
300 |
bis-(chloromethyl)ether |
542-88-1 |
10 |
Bisphenol A |
80-05-7 |
120 |
Bromobenzene |
108-86-1 |
60 |
Boron |
7440-42-8 |
6,000 |
Bromodichloromethane |
75-27-4 |
0.6 |
Bromoform |
75-25-2 |
4 |
Bromomethane |
74-83-9 |
10 |
Butylbenzene, n- |
104-51-8 |
260 |
Butylbenzene, sec- |
135-98-8 |
260 |
Butylbenzene, tert |
98-06-6 |
260 |
Cadmium |
7440-43-9 |
5 |
Camphor |
76-22-2 |
50 |
Carbofuran |
1563-66-2 |
40 |
Carbon disulfide |
75-15-0 |
70 |
Carbon tetrachloride |
56-23-5 |
5 |
Chlordane |
57-74-9 |
2 |
Chloroaniline, p- |
106-47-8 |
28 |
Chloromethane |
74-87-3 |
30 |
Chlorophenol, 2- |
95-57-8 |
40 |
Chlorotoluene |
95-49-8 |
100 |
Chlorotrifluoroethylene (CFC 1113) |
79-38-9 |
5 |
Chromium (Total) |
7440-47-3 |
100 |
Chrysene |
218-01-9 |
5 |
Clopyralid (Stinger 3SC) |
1702-17-6 |
3500 |
Copper |
7440-50-8 |
1300 |
Cyanide |
57-12-5 |
200 |
Cyanazine (Bladex 4L/90DF) |
21725-46-2 |
1 |
2,4-D (Dichlorophenoxy acetic acid, 2,4-) |
94-75-7 |
70 |
Dalapon |
75-99-0 |
200 |
DDD
(Dichlorodiphenyl dichloroethane, p,p') |
72-54-8 |
0.1 |
DDE
(Dichlorodiphenyl dichloroethylene, p,p') |
72-55-9 |
0.1 |
DDT
(Dichlorodiphenyl trichloroethane, p,p') |
50-29-3 |
0.1 |
Dibenzo(a,h)anthracene |
53-70-3 |
0.1 |
Dibromochloromethane |
124-48-1 |
60 |
Dibromochloropropane |
96-12-8 |
0.2 |
Dibutylphthalate |
84-74-2 |
800 |
Dichlorobenzene, 1,2- (o-DCB) |
95-50-1 |
600 |
Dichlorobenzene, 1,3- (m-DCB) |
541-73-1 |
600 |
Dichlorobenzene, 1,4- (p-DCB) |
106-46-7 |
75 |
Dichlorobenzidine, 3,3’- |
91-94-1 |
1.3 |
Dichlorodifluoromethane |
75-71-8 |
1,000 |
Dichloroethane, 1,1- |
75-34-3 |
81 |
Dichloroethane, 1,2- |
107-06-2 |
5 |
Dichloroethylene, 1,1- |
75-35-4 |
7 |
Dichloroethylene, cis-1,2- |
156-59-2 |
70 |
Dichloroethylene, trans-1,2- |
156-60-5 |
100 |
Dichloromethane
(Methylene chloride ) |
75-09-2 |
5 |
Dichlorophenol, 2,4- |
120-83-2 |
20 |
Dichloropropane, 1,2- |
78-87-5 |
5 |
Dichloropropene, 1,3- |
542-75-6 |
0.5 |
Dieldrin |
60-57-1 |
0.1 |
Diethyl ether |
60-29-7 |
1,400 |
Di(ethylhexyl)adipate |
103-23-1 |
400 |
Di(2-ethylhexyl)phthalate (DEHP) |
117-81-7 |
6 |
Diisopropyl ether (DIPE) |
108-20-3 |
120 |
Dimethyl phthalate |
131-11-3 |
50,000 |
Dimethylphenol, 2,4- |
105-67-9 |
140 |
Dinitrophenol, 2,4- |
51-28-5 |
14 |
Dinitrotoluene, 2,4- |
121-14-2 |
10 |
Dinoseb |
88-85-7 |
7 |
Dioxane, 1,4- |
123-91-1 |
0.32 |
Diphenylhydrazine, 1,2- |
122-66-7 |
10 |
Diquat |
85-00-7 |
20 |
Endosulfan |
115-29-7 |
42 |
Endothall |
145-73-3 |
100 |
Endrin |
72-20-8 |
2 |
Ethylbenzene |
100-41-4 |
700 |
Ethylene dibromide |
106-93-4 |
0.05 |
Ethylene glycol |
107-21-1 |
14,000 |
Ethyl tertiary-butyl ether (ETBE) |
637-92-3 |
40 |
Fluoranthene |
206-44-0 |
280 |
Fluorene |
86-73-7 |
280 |
Fluoride |
16984-48-8 |
4,000 |
Formaldehyde |
50-00-0 |
100 |
Glyphosate |
1071-83-6 |
700 |
Gross alpha radionuclides |
|
15 pCi/L |
Heptachlor |
76-44-8 |
0.4 |
Heptachlor epoxide |
1024-57-3 |
0.2 |
Hexachlorobenzene |
118-74-1 |
1 |
Hexachlorobutadiene |
87-68-3 |
0.5 |
Hexachlorocyclohexane, alpha |
319-84-6 |
0.03 |
Hexachlorocyclohexane, beta |
319-85-7 |
0.1 |
Hexachlorocyclohexane, gamma (Lindane) |
58-89-9 |
0.2 |
Hexachlorocyclopentadiene |
77-47-4 |
50 |
Hexachlorodibenzodioxin, 2,3,7,8 |
34465-46-8 |
0.0221 |
Hexachloroethane |
67-72-1 |
1 |
Indeno(1,2,3-cd)pyrene |
193-39-5 |
0.1 |
Isophorone |
78-59-1 |
100 |
Isopropyl benzene |
98-82-8 |
800 |
Isopropyltoluene, p- |
99-87-6 |
260 |
Lead |
7439-92-1 |
15 |
Manganese |
7439-96-5 |
300 |
Mercury |
7439-97-6 |
2 |
Methanol |
67-56-1 |
4,000 |
Methoxychlor |
72-43-5 |
40 |
Methyl ethyl ketone (MEK) |
78-93-3 |
4,000 |
Methyl isobutyl ketone (MIBK) |
108-10-1 |
2,000 |
Methylnaphthalene, 1- |
90-12-0 |
160 |
Methylnaphthalene, 2- |
91-57-6 |
280 |
Methyl phenol, 2- (o-cresol) |
95-48-7 |
40 |
Methyl phenol, 4- (p-cresol) |
106-44-5 |
40 |
Methyl tertiary-butyl ether (MtBE) |
1634-04-4 |
13 |
Metolachlor (Dual 8E/25G) |
51218-45-2 |
70 |
Metribuzin (Sencor 75DF) |
21087-64-9 |
70 |
Monochlorobenzene
(Chlorobenzene) |
108-90-7 |
100 |
Naphthalene |
91-20-3 |
100 |
Nickel |
7440-02-0 |
100 |
Nitrate |
14797-55-8 |
10,000 |
Nitrite |
14797-65-0 |
1,000 |
Oxamyl |
23135-22-0 |
200 |
Pentachlorophenol |
87-86-5 |
1 |
Perfluorohexane
sulfonic acid (PFHxS), total of all isomers |
355-46-4 |
0.018 |
Perfluorononanoic acid (PFNA),
total of all isomers |
375-95-1 |
0.011 |
Perfluorooctane sulfonic
acid (PFOS), total of all isomers |
1763-23-1 |
0.015 |
Perfluorooctanoic Acid (PFOA), total of all isomers |
335-67-1 |
0.012 |
Phenanthrene |
85-01-8 |
210 |
Phenol |
108-95-2 |
2,000 |
Picloram |
1918-02-1 |
500 |
Polychlorinated biphenyls (PCBs) |
1336-36-3 |
0.5 |
Potassium |
7440-09-7 |
160,000 |
n-Propylbenzene |
103-65-1 |
260 |
Pyrene |
129-00-0 |
210 |
Radium 226 and 228 |
7740-14-4 |
5 pCi/L |
Selenium |
7782-49-2 |
50 |
Silver |
7440-22-4 |
100 |
Simazine |
122-34-9 |
4 |
Strontium 90 |
10098-97-2 |
8 pCi/L |
Strontium, non-radioactive |
7440-24-6 |
4,000 |
Styrene |
100-42-5 |
100 |
Sulfate |
14808-79-8 |
500,000 |
TCDD, 2,3,7,8-
(Dioxin) |
1746-01-6 |
0.00003 |
Tertiary amyl methyl ether (TAME) |
994-05-8 |
140 |
Tertiary butyl alcohol (TBA) |
75-65-0 |
40 |
Tetrachloroethane, 1,1,1,2- |
630-20-6 |
70 |
Tetrachloroethane, 1,1,2,2,- |
79-34-5 |
2 |
Tetrachloroethylene (PCE) |
127-18-4 |
5 |
Tetrachlorophenol, 2,3,4,6 |
58-90-2 |
200 |
Tetrahydrofuran |
109-99-9 |
600 |
Thallium |
7440-28-0 |
2 |
Toluene |
108-88-3 |
1,000 |
Total Coliform |
- |
CTS/100ml |
Toxaphene |
8001-35-2 |
3 |
2,4,5-TP (Silvex) |
93-72-1 |
50 |
Trichlorobenzene, 1,2,4- |
120-82-1 |
70 |
Trichlorobenzene, 1,3,5- |
108-70-3 |
40 |
Trichloroethane, 1,1,1- |
71-55-6 |
200 |
Trichloroethane, 1,1,2- |
79-00-5 |
5 |
Trichloroethylene (TCE) |
79-01-6 |
5 |
Trichlorofluoromethane |
75-69-4 |
2,000 |
Trichloromethane
(Chloroform) |
67-66-3 |
70 |
Trichlorophenol, 2,4,5- |
95-95-4 |
700 |
Trichlorophenol, 2,4,6- |
88-06-2 |
5 |
Trichloropropane, 1,2,3- |
96-18-4 |
0.5 |
Trimethylbenzene, 1,2,4- |
95-63-6 |
330 |
Trimethylbenzene, 1,3,5- |
108-67-8 |
330 |
Tritium |
10028-17-8 |
20,000 pCi/L |
Vinyl chloride |
75-01-4 |
2 |
Xylenes (mixed isomers) |
1330-20-7 |
10,000 |
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; amd by #9213, eff 7-23-08; ss by #10831, eff
6-1-15; amd by #11112, EMERGENCY RULE, eff 5-31-16,
EXPIRES: 11-27-16; amd by #12008, eff
10-22-16; amd by #12554, eff 9-1-18; amd by #12837,
eff 9-30-19; amd by #13044-A, eff 5-28-20; amd by #13147, eff 1-1-21
PART Env-Or 604 NOTIFICATION
Env-Or
604.01 Purpose. The purposes of this part are to identify
those circumstances in which a responsible party or other person is required to
notify the department and to set forth the procedures for such notification.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
604.02 Notification of Groundwater
Quality Violation.
(a)
Unless exempted under Env-Or 604.03, the responsible party shall notify
the department no more than 60 days after obtaining knowledge of a violation of
the groundwater quality criteria of Env-Or 603.01.
(b) Any person required to notify the department
pursuant to (a), above, shall provide notification to the department in
writing, including as much of the following information as is available at the
time of notification:
(1) The name,
daytime telephone number, and email address, if any, of the individual
notifying the department;
(2) The
location of the site;
(3) The nature
and location of the violation;
(4) The name,
daytime telephone number, and email address, if any, of each responsible party,
and if there is more than one responsible party, the name, daytime telephone
number, and email address, if any, of a point of contact;
(5) The
proximity of the violation to receptors and potential receptors including water
supply wells and surface water; and
(6) All
available reports and sampling results related to the discovery of the
violation.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
604.03 Exemptions to Notification of
Groundwater Quality Violation. The
following shall be exempt from the notification requirements of Env-Or 604.02:
(a) The permittee and, if different, the owner of
a facility with a groundwater release detection permit, provided the permittee
reports as required by Env-Or 700;
(b) The owner of a public water supply, provided
the groundwater quality violation is discovered through testing required by
rules in subtitle Env-Dw and the person reports as required by Env-Dw 800; and
(c) The permittee and, if different, the owner of
a facility with a groundwater discharge permit, provided the permittee reports
as required by Env-Wq 402.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
604.04 Discharges of Hazardous Waste. Any person required to report under RSA
147-A:11 shall notify the department in accordance with RSA 147-A and Env-Hw
100 et seq.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or 604.05 NAPL Notification.
(a)
The responsible party shall notify the department either orally or in
writing immediately after obtaining knowledge of the detection of non-aqueous
phase liquid (NAPL) of greater than 1/8 inch in thickness on groundwater unless
the NAPL is being managed in accordance with the following:
(1) An emergency
or initial response action conducted pursuant to Env-Or 605.03 or Env-Or
605.04;
(2) A remedial
action plan approved pursuant to Env-Or 606.10; or
(3) A
groundwater management permit issued pursuant to Env-Or 607.
(b)
The responsible party required by (a), above, to notify the department
shall provide as much of the following information as is available at the time
of notification:
(1) The name,
daytime telephone number, and email address, if any, of the individual
notifying the department;
(2) The
location of the discharge site including the department site identification
number;
(3) The type
and thickness of the NAPL layer observed; and
(4) A
description of proposed NAPL recovery actions.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
604.06 Discharges of Oil Requiring
Immediate Notification. The
responsible party or other person who becomes aware of an oil discharge shall
notify the department immediately after obtaining knowledge that a discharge
meeting one or more of the following criteria has occurred:
(a)
A discharge of any oil into surface water or groundwater of the state;
(b)
A discharge of 25 gallons or more of oil to land;
(c)
A discharge of less than 25 gallons of oil to land, unless the discharge
is cleaned up immediately and properly disposed of;
(d)
A discharge of oil that results in the presence of vapors that pose an
imminent threat to human health;
(e)
A discharge of oil resulting in a violation of the groundwater quality criteria
of Env-Or 603.01 in a sample collected from a water supply well; or
(f)
A discharge of oil resulting in the detection of NAPL.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or 604.07 Potential
Discharges of Oil Requiring Notification Within 60 Days. The responsible party or other person who
becomes aware of a potential discharge of oil based on an exceedance of the
soil remediation standards of Env-Or 606.19 that might have been caused by an
oil discharge shall notify the department no more than 60 days after obtaining
knowledge of the exceedance.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
604.08 Oil Notification Requirements. A person required to notify the department of
a discharge of oil pursuant to Env-Or 604.06, or a potential discharge of oil
pursuant to Env-Or 604.07 based on an exceedance of the soil remediation
standards, shall provide notification to the department either orally or in
writing, including as much of the following information as is available at the
time of notification:
(a) The name, daytime telephone number, and email
address, if any, of the individual notifying the department;
(b) The location of the discharge site;
(c) The date and time of the discharge;
(d) The type and amount of oil discharged;
(e) The name, daytime telephone number, and email
address, if any, of each responsible party, and if there is more than one
responsible party, the name, daytime telephone number, and email address, if
any, of a POC;
(f) The proximity of the discharge to receptors
and potential receptors including water supply wells and surface water;
(g) The name, mailing address, daytime telephone
number, and email address, if any, of the contractor hired to clean up the
contamination;
(h)
A description of any emergency or initial response actions that have
been taken or are proposed to be taken;
(i)
The names of other federal, state, or local government agencies that
have been notified or that have responded to the discharge, or both;
(j) The cause of the incident and the method used
that detected the discharge; and
(k) All available reports and sampling results
related to the discharge.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
PART Env-Or 605
PRELIMINARY RESPONSE ACTIONS
Env-Or 605.01 Purpose. The purpose of this part is to:
(a) Describe the nature and extent of preliminary
response actions that are required following a:
(1) Discharge;
(2) Potential discharge
of oil based on an exceedance of the soil remediation standards; or
(3) Groundwater
quality violation; and
(b) Prescribe standards and procedures for
conducting emergency response actions, initial response actions, and initial
site characterizations.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
605.02 Emergency or Immediate
Response Actions for Hazardous Waste Discharges. The responsible party shall conduct emergency
or immediate response actions for any hazardous waste discharge in accordance
with RSA 147-A and Env-Hw 100 et seq.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or 605.03 Emergency Response Actions for Oil
Discharges.
(a) The responsible party shall initiate an
emergency response action as soon as practicable to prevent, eliminate, or
minimize damage to human health and the environment from any discharge of oil.
(b) The responsible party shall conduct an
emergency response action at any site where:
(1) A discharge
of oil has created or might create hazardous or explosive vapors;
(2) A discharge
of oil has caused the contamination of any private or public water supply well;
(3) A discharge
of oil has caused a sheen on surface water;
(4) A discharge
of oil has caused oil to enter a storm drain or sanitary sewer;
(5) NAPL from a
discharge of oil is detected; and
(6) The
department determines and notifies the responsible party that emergency
response actions are necessary to prevent, eliminate, or minimize damage to
human health and the environment from a discharge of oil.
(c) The responsible party shall conduct an
emergency response action that:
(1) Assesses
and evaluates fire, health, and safety hazards;
(2) Stops the
discharge;
(3) Contains
the discharge;
(4) Cleans up and
disposes of discharged oil and contaminated debris in accordance with all
local, state, and federal regulations;
(5) Protects
potential receptors from contamination; and
(6) Stabilizes
the site to protect human health and the environment.
(d) An emergency response action shall include such
assessments, containment measures, or removal actions as are consistent with
the purposes of emergency response actions as identified in (c), above, or
otherwise necessary to prevent, eliminate, or minimize damage to human health
and the environment, as applicable, such as:
(1) Discharge
containment measures;
(2) Vapor
abatement measures;
(3) Drainage controls;
(4) Providing
potable water;
(5) NAPL recovery;
(6) Disposal of
oil or contaminated debris;
(7) Soil
excavation and disposal; and
(8) Collection
and analysis of soil, sediment, surface water, groundwater, soil gas, or indoor
air samples.
(e) The responsible party shall notify the department
and others of the emergency response action in accordance with Env-Or 604 and Env-Or 610.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or 605.04 Initial Response Actions.
(a) The responsible party shall conduct an
initial response action at a site following a discharge or groundwater quality
violation in order to:
(1) Reduce
risks to human health and the environment; and
(2) Reduce
potential future costs of response actions by remediating or containing
contamination until such a time as a more comprehensive response action
conducted in accordance with Env-Or 606 can be implemented.
(b) An initial response action shall include such
assessments, containment measures, or removal actions as are consistent with
the purpose of an initial response action as identified in (a), above, or
otherwise necessary to prevent, eliminate, or minimize damage to human health
and the environment, as applicable, such as:
(1) NAPL
recovery;
(2) Groundwater
treatment and recovery;
(3) Soil excavation
and disposal;
(4) Soil vapor
extraction;
(5) Receptor
surveys;
(6) Vapor
abatement measures; and
(7) Collection
and analysis of soil, sediment, surface water, groundwater, soil gas, or indoor
air samples.
(c) The responsible party shall notify the
department and others of the initial response action in accordance with Env-Or
604 and Env-Or 610.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
605.05 Emergency and Initial Response
Action Approval.
(a) The responsible party shall submit a work
scope describing a proposed emergency or initial response action to the department
for approval prior to implementation except as provided for in (c), below.
(b) The department shall approve a work scope for
an emergency or initial response action if it is consistent with the applicable
provisions of Env-Or 605.03 and Env-Or 605.04.
(c) In order to minimize contamination, reduce
risk of exposure, or promote more timely response actions, the responsible
party may begin emergency or initial response actions at a site before the work
scope is submitted to or approved by the department, provided the responsible
party:
(1) Notifies
the department either verbally or in writing of the proposed activities to be
conducted prior to beginning the response actions;
(2)
Incorporates the self-initiated measures into the report submitted to
the department pursuant to Env-Or 605.06 below; and
(3) Complies
with the requirements of all other applicable local, state, and federal rules
and statutes.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
605.06 Emergency and Initial Response
Action Reporting Requirements.
(a) The responsible party shall submit a written
report to the department within 30 days of completing an emergency response
action or an initial response action.
(b) The report shall include the following information:
(1) The site
owner’s name, mailing address, daytime telephone number, and email address, if
any;
(2) The name,
mailing address, daytime telephone number, and email address, if any, of each
responsible party, and if there is more than one responsible party, the name,
mailing address, daytime telephone number, and email address, if any, of a POC;
(3) The name,
mailing address, telephone number, and email address, if any, of each
consultant and contractor hired to conduct the response action;
(4)
Identification of potential receptors;
(5) The type
and quantity of the discharge;
(6) A
description of response actions conducted;
(7) Disposal
documentation including copies of bills of lading and manifests;
(8) Copies of
laboratory analytical data;
(9) A site sketch showing the location of the
discharge in relation to site buildings and site boundaries; and
(10) A summary
of findings.
(c) Where response actions continue for longer than
120 days, the responsible party shall submit an interim response action report
every 60 days that contains the information specified in (b), above, for that
reporting period.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or 605.07 Initial Site Characterization Required. The department shall send a written request
for an initial site characterization to the responsible party following receipt
of notice under Env-Or 604 unless:
(a) The department determines, based on
preliminary response actions, that the site meets the no further action
criteria of Env-Or 609.02; or
(b) The department determines that a site
investigation in accordance with Env-Or 606.01 is required to adequately characterize
the nature and extent of the discharge, based on a review of any response
actions taken, the type and extent of contamination, and risk to receptors.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
605.08 Initial Site Characterization.
(a) The responsible party shall perform an
initial site characterization if requested by the department pursuant to Env-Or
605.07.
(b) The responsible party shall submit a report
of the initial site characterization required in (a), above, to the department
within 60 days of a department request for an initial site characterization.
(c) The initial site characterization shall:
(1) Determine
the source, location, and estimated quantity of the discharge and any response
actions taken;
(2) Determine
the nature and extent of contamination encountered; and
(3) Identify
nearby receptors and potential receptors.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
605.09 Initial Site Characterization
Report. The initial site characterization
report shall include the following:
(a) Site information including:
(1) The department site identification number;
(2) The site name and address;
(3) The name, mailing address, daytime telephone
number, and email address, if any, of the site owner and of a contact person for
the site;
(4) A description of all known discharges of
regulated contaminants at the site;
(5) A description of all response actions
conducted at the site;
(6) A description of site use at the time of the
discharge; and
(7) A site sketch that includes the following:
a. The location of the discharge;
b. The location of site buildings;
c. The location of site underground utilities;
and
d. The approximate site boundaries;
(b) A summary of groundwater, soil, surface
water, soil gas, indoor air, and water supply well sampling data, as
appropriate;
(c) A copy of test pit logs, borings logs, and monitoring
well construction details;
(d) A preliminary assessment of receptors and
potential receptors located within 500 feet of the site including:
(1) Drinking
water supply wells including owner’s name and mailing address; and
(2) Surface
water bodies;
(e) A copy of any reports or sampling data
relating to the discharge if not already on file with the department; and
(f) A summary of findings.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
605.10 Investigation Due to Discovery
of Discharges from Unknown Sources.
When a discharge from an unknown source is discovered adjacent to a
facility as defined in RSA 146-A:2, IX or RSA 146-C:1, V, the owner of such
facility shall conduct an initial site characterization in accordance with
Env-Or 605.07.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or 606.01 Site Investigation Required.
(a) The responsible party shall perform a site
investigation following a discharge or groundwater quality violation if so requested by the department pursuant to
Env-Or 606.02.
(b) The site investigation shall:
(1) Determine the
source, nature, location, and full extent of contamination;
(2) Identify
receptors and potential receptors; and
(3) Identify
the need to conduct further investigation or remedial actions.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or 606.02 Site Investigation Request; Exemptions. The department shall send a written request
for a site investigation to the responsible party after receipt of notice under
Env-Or 604 unless:
(a) The department determines that an initial
site characterization will be adequate to define the nature and extent of
contamination based on a review of any response actions taken, the type and
extent of contamination, and risk to receptors; or
(b) The site meets the no further action criteria
of Env-Or 609.02.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or 606.03 Site Investigation Report.
(a) The responsible party shall submit a report
of the site investigation required by Env-Or 606.01 to the department for
approval within 120 days of a department request for a site investigation.
(b) The
site investigation report shall include the following:
(1) The site
background information identified in Env-Or
606.04;
(2) The summary
of subsurface explorations and sampling identified in Env-Or 606.05;
(3) The
description of the site’s geology and hydrology identified in Env-Or 606.06;
(4) The
conceptual model identified in Env-Or 606.07;
(5) The
remedial alternatives, recommendations, and summaries identified in Env-Or
606.08; and
(6) The
appendices identified in Env-Or 606.09.
(c) The site investigation report shall be dated,
signed, and sealed by the professional of record.
(d) The department shall accept the site
investigation report upon determining that the report contains all information
required by (b), above.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or 606.04 Site Background Information. The site investigation report shall include
the following site background information:
(a) The
department site identification number;
(b) The site name, address, property deed
reference by county book and page, and property tax map and lot numbers;
(c) The name, mailing address, and daytime
telephone number of the site owner and of a contact person for the site;
(d) A history of site ownership and operation
based on documented land use, in accordance with “Standard Practice for
Environmental Site Assessments: Phase I Environmental Site Assessment Process”,
ASTM International (ASTM) document ASTM E 1527-05 or ASTM E 1527-13 (ASTM E
1527), available as noted in Appendix B;
(e) Copies of historical site plans and Sanborn
Fire Insurance maps for the site, where available;
(f) A list of any aerial photographs reviewed,
including the date and source for each photograph and a description of
observations;
(g) A description of possible past or present
contamination sources such as the following:
(1) Underground or above ground storage tank systems
including pumps, piping, and appurtenances;
(2) Dry wells
and floor drains including discharge locations, if known;
(3) Areas of
stained soil or stressed or dead vegetation;
(4) Landfills;
(5) Lagoons;
(6) Septic
systems;
(7) Areas of
surface discharges or spills;
(8) Drum
storage areas;
(9) Areas used
to store, treat, or dispose of hazardous wastes or hazardous substances;
(10) Stockpiled
soils;
(11) Buried
drum areas; and
(12) Herbicide
and pesticide use, storage or disposal areas;
(h) A description of all known discharges of
regulated contaminants, including the following information:
(1) The date
and a description of the discharge, including estimated quantities lost and
recovered, the location of the discharge, and the party responsible for the
discharge; and
(2) The date
the discharge was reported to the department, if reported; and
(3) A
description of all response actions taken;
(i) A list of any previous investigations and reports
pertinent to the site relating to a discharge of regulated contaminants,
including a brief summary of findings;
(j) A copy of any previous investigation or
report relating to a discharge of regulated contaminants, if not already on
file with the department;
(k) A list of governmental records reviewed
relating to discharges at the site;
(l) A locus plan using a color photocopy of a
U.S. Geological Survey (USGS) map, 7-1/2 minute series if available, which
clearly identifies the site location;
(m) A site plan drawn to scale on an 8-1/2 inches
by 11 inches or 11 inches by 17 inches sheet, that includes the following:
(1) A title, a
legend, and a true north arrow;
(2) A graphic scale bar;
(3) Source(s)
from which the site plan was derived, if applicable;
(4) The
location, elevation, and datum of a permanent and recoverable bench mark;
(5) Surface
topography using ground spot elevations, contours, or noted changes in slope;
(6) The location
of the site’s property boundaries;
(7) The areas
of known and possible contaminant sources past or present on the site including
but not limited to current or former possible sources listed in (g)(1)-(12),
above;
(8) Any paved
areas on the site;
(9) Monitoring
wells, test pits and borings; and
(10)
Identification of the following on and within 100 feet of the site:
a. Surface
water bodies;
b. Water supply
wells;
c. Surface
water sampling stations;
d. Structures
and buildings;
e. Drainage
swales; and
f. Potential preferential migration pathways including
but not limited to underground utilities; and
(n) Any additional information including the source(s)
from which the site background information was obtained.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or 606.05 Summary of Subsurface Explorations and Sampling. The site investigation report shall include a
summary of subsurface explorations and sampling conducted at the site and
off-site surrounding area including:
(a) A description of test pits, borings, monitoring
wells, and well development activities;
(b) A description of water table elevation
observations, organic vapor analyzer results, and odors noted;
(c) A copy of the site plan showing the orientation
of the graphical geologic cross section(s) and the location of test pits,
borings, monitoring wells, and other sources of geologic information for the
site;
(d) Groundwater, soil, air, soil gas, sediment,
surface water, and water supply well sampling data, as applicable, including:
(1) Sampling methodologies;
(2) For all
monitoring wells, surface water sampling points, and water supply wells where
contamination has been detected, analytical results for a minimum of 2 sets of
samples collected at least 2 weeks apart; and
(3) At sites
where groundwater contamination has been detected, samples collected from water
supply wells at risk;
(e) One or more tables that summarize all current
groundwater, soil, surface water, and water supply well analytical data
including:
(1) Sample
locations;
(2) Sample
dates;
(3) Chemicals
detected including the analytical detection limits;
(4) Chemical
concentrations; and
(5) Chemicals
that exceed regulatory limits;
(f) One or more tables that summarize historic
groundwater, soil, surface water, and water supply well analytical data
including:
(1) Sample
locations;
(2) Sample
dates; and
(3) Chemical
concentrations; and
(g) A description of all other methods used to
evaluate subsurface conditions as appropriate, such as:
(1) Geophysical
methods;
(2) Geochemical
analyses;
(3) Cone
penetrometer; and
(4) Fracture
trace and photo lineament analysis.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or 606.06 Site Geology and Hydrology. The site investigation report shall include a
description of the geology and hydrogeology of the site including:
(a) Groundwater potentiometric surface(s),
hydraulic gradients, flow direction, hydraulic conductivity, and seepage
velocity;
(b) Soil types, distribution, and permeability;
(c) When encountered and drilled, bedrock type
and characteristics, including depths and contours;
(d) Geologic cross-sections to describe the
geology and hydrogeology of the site including the following:
(1) One
cross-section parallel to groundwater flow and one cross-section perpendicular
to groundwater flow;
(2) The
horizontal and vertical scale of each cross-section;
(3) Approximate
ground surface elevations and inferred elevation of contacts between the major
geologic units;
(4) A complete textural description of the major soil
and bedrock units, with geologic interpretation, such as fill, till, stratified
drift, weathered bedrock;
(5) The location of all data sources, including soil
borings, monitoring wells, test pits, and bedrock cores upon which the geologic
interpretations are based;
(6) The line of
section referenced to an appropriate site plan;
(7) The offset
distance for all data points not located directly on the line of section;
(8) The
screened interval of all groundwater monitor wells and piezometers, with
measured water level or potentiometric surface elevations;
(9) The
surveyed elevations of any surface water features intercepted by the line of
section; and
(10) Contaminant
concentrations at each data point indicated on the cross-section;
(e) A table of groundwater elevation data
including:
(1) Groundwater
elevations;
(2) Top of well casing elevations
surveyed to the benchmark required under Env-Or 606.04(m)(4);
(3) Measured
depth to water table from top of casing;
(4) If NAPL is
present, measured depth to NAPL from top of casing; and
(5) If NAPL is
present, NAPL thickness;
(f) A potentiometric surface map indicating the
groundwater flow direction; and
(g) Any other information that is necessary to
describe the geology and hydrogeology of the site.
Source. (See Revision Note at chapter heading for Env-Or
600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
606.07 Conceptual Model. The site investigation report shall include a
conceptual model that includes:
(a) A narrative description supported by the
technical illustrations required pursuant to (b), below, that describes the
occurrence and movement of groundwater and contaminants at the site including
transport mechanisms, migration, and degradation pathways;
(b) Technical illustrations of the nature and
extent of contamination including the following:
(1) A
groundwater contaminant concentration contour map(s), prepared using the site
plan prepared pursuant to Env-Or 606.04(m) as a base map, that depicts:
a. The lateral
distribution of groundwater contamination; and
b. The predominant
contamination characteristics;
(2) A soil
contaminant concentration contour map(s), prepared using the site plan prepared
pursuant to Env-Or 606.04(m) as a base map, that depicts:
a. The lateral
extent of soil contamination; and
b. The
predominant contamination characteristics;
(3) A
contaminant distribution map(s), prepared using the cross-sections prepared
pursuant to Env-Or 606.06(d) as a base map, that depicts:
a. The vertical
extent of soil and groundwater contamination; and
b. The predominant
contamination characteristics;
(c) An estimate of the amount of contaminant mass
at the site;
(d) A potential receptor map, prepared using a
tax map as a base map, that identifies and locates, to the extent
ascertainable, the following listed items located within 1,000 feet of the
site:
(1) Streets;
(2) Properties,
including tax map and lot number, ownership, and land use;
(3) Surface
water;
(4) Locations
where potentially sensitive human subpopulations exist such as daycare centers,
schools, playgrounds, parks, senior housing; and
(5) Water
supply wells including tax map and lot number and owner’s name and mailing
address for each well;
(e)
A list of water supply wells sampled pursuant to Env-Or 606.05(d)(3),
including for
each well:
(1) The owner’s
name, mailing address, tax map and lot number; and
(2) The type of
well construction and well depth to the extent ascertainable; and
(f)
A preliminary groundwater management zone delineated in accordance with
Env-Or 607.05.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
606.08 Remedial Alternatives, Summary,
and Recommendations. The site
investigation report shall include a preliminary screening of remedial alternatives,
a summary, and recommendations including:
(a) A preliminary screening of remedial alternatives
that identifies remedial action alternatives that meet the criteria of Env-Or
606.13;
(b) A summary of the following:
(1) Site
conditions;
(2) Subsurface
explorations;
(3) Conceptual
model including contaminant distribution; and
(4) Receptors
and potential receptors; and
(c) Recommendations, including a discussion of
proposed corrective action activities, that include one or more of the
following as appropriate:
(1) Interim
response actions to abate immediate risks to human health and the environment;
(2) Periodic
sampling;
(3) Additional
site investigation work;
(4) Remedial
action; or
(5) No further
action.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
606.09 Appendices. The site investigation report shall include
the following in appendices:
(a) Color photographs showing key site features;
(b) A description of the field procedures used
including methods for installing monitoring wells and
borings and collecting soil, soil gas, groundwater, drinking water, and air samples;
(c) Field screening data;
(d) Boring logs and monitoring well construction
details including but not limited to the following:
(1) Soil sample
descriptions;
(2) Drilling methods;
(3) Water table
observations;
(4) Odors
observed; and
(5) Organic
vapor analyzer results;
(e) Analytical laboratory data including chain of
custody forms and holding times; and
(f) Detailed calculations and summary of data
used for supplemental analysis, if any.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
606.10 Remedial Action Plan.
(a) A responsible party required to conduct a
site investigation under Env-Or 606.01 shall prepare a remedial action plan
unless exempted under Env-Or 606.11.
(b) The responsible party shall submit a report
of the remedial action plan required in (a), above, to the department within
120 days following written notice from the department that a remedial action
plan is required under (a), above.
(c) The remedial action plan report shall be
dated, signed, and sealed by the engineer of record.
(d) The remedial action plan shall:
(1) Provide for
protection of human health and the environment;
(2) Provide a
detailed evaluation of remedial alternatives pursuant to Env-Or 606.12(c) with
justification for the recommended alternative;
(3) Recommend
action to:
a. Remove or
treat the source of contamination;
b. Contain the
contamination source to limit the impact to groundwater, surface water, and
soil to the extent feasible;
c. Protect
human health from exposure through the indoor air exposure pathway;
d. Protect
human health from exposure through the direct contact exposure pathway;
e. Contain contaminated groundwater within the limits
of a proposed groundwater management zone, delineated in accordance with Env-Or
607.05;
f. Restore
groundwater quality to the groundwater quality criteria specified in Env-Or
603.01; and
g. Restore soil
quality to the soil remediation criteria specified in Env-Or 606.19; and
(4) Provide for
financial assurance pursuant to Env-Or 606.20 and Env-Or 606.21, as applicable.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
606.11 Remedial Action Plan
Exemptions. Unless otherwise
required by statute, a remedial action plan shall not be required where:
(a) The site meets the no further action criteria
of Env-Or 609.02;
(b) The department determines, based on the site
investigation, that there is no remaining source of contamination at the site
and there are no impacts to receptors; or
(c) A presumptive remedy is selected that will
meet the criteria of Env-Or 606.13 and is agreed to by each responsible party
and the department.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
606.12 Remedial Action Plan Report. The remedial action plan report shall include
the following:
(a) A brief summary of site investigation work
completed to date including a description of the current site conceptual model
that includes at a minimum the information described in Env-Or 606.07;
(b) A description of any other information
collected during the site investigation that supports the selected remedy for
the site;
(c) An evaluation of a minimum of 2 remedial
alternatives, or combination of alternatives, that includes an assessment of:
(1)
Effectiveness and reliability;
(2) Feasibility
and ease of implementation;
(3) Risk
reduction and associated benefits;
(4) Cost
effectiveness using the net present worth of all future costs; and
(5) Estimated
time to reach the no further action criteria pursuant to the requirements of
Env-Or 609.02;
(d) Justification for the recommended alternative;
(e) For the recommended alternative, the
following information, as applicable:
(1) A site map
drawn to scale on an 8-1/2 inches by 11 inches or 11 inches by 17 inches sheet,
using the site plan prepared pursuant to Env-Or 606.04(m) as a base map, and
showing:
a. The system
layout and areas of influence for a treatment system; or
b. The lateral
extent of a source removal project;
(2) A
preliminary process flow diagram showing major system components and controls;
(3) Final and interim contaminant reduction
performance standards including a proposed schedule with target dates;
(4) Recommendations
for conducting any additional investigations, pilot tests, or bench scale
studies before proceeding with final design and construction of the recommended
alternative;
(5) A description of the methodology for evaluating the
performance of the recommended alternative, including monitoring locations and
frequency;
(6) A schedule
for submitting the periodic status reports required pursuant to Env-Or
606.15(d);
(7) A schedule
for implementing the recommended alternative;
(8) A list of
federal, state, and local permits required to implement the recommended
alternative;
(9) A
description of any activity and use restrictions being proposed at the site
including a proposed self-certification schedule; and
(10) A description
of the proposed financial assurance mechanisms as specified in Env-Or 606.20
and Env-Or 606.21;
(f) Recommendations to provide potable water to
receptors when a water supply well no longer meets the groundwater quality
criteria of Env-Or 603.01; and
(g) The proposed delineation of the groundwater management
zone overlaid on a tax map that complies with Env-Or 607.05.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
606.13 Remedial Action Plan Approval. The department shall approve the remedial
action plan upon determining that:
(a) Human health and the environment will be
protected;
(b) The groundwater quality criteria specified in
Env-Or 603.01 will be met;
(c) Sources of contamination will be controlled
to reduce or eliminate further discharges;
(d) Contaminated soil will be removed, treated,
or contained to reduce the human health risk associated with direct exposure
via dermal contact, ingestion, and inhalation;
(e) The risk to human health and the environment
will be reduced to the greatest extent practicable, balancing costs and
benefits by evaluating the risk to human health and the environment by the
methods described in the ASTM E 2081-00 (2010)e1 entitled “Standard Guide for
Risk Based Corrective Action” (ASTM E 2081), available as noted in Appendix B;
(f) Long-term management, including operation and
maintenance of the remediation equipment and site monitoring requirements, will
be minimized;
(g) The potential need for modification of the
remedy will be minimized;
(h) Resource value of groundwater impacted by the
contamination will be protected to the greatest extent practicable taking into
account current and anticipated future land use;
(i) Long-term institutional and engineering
controls will be reliable; and
(j) Financial assurance as required by Env-Or
606.20 and Env-Or 606.21 will be available.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
606.14 Corrective Action Prior to
Remedial Action Plan Approval. In
order to minimize contamination, reduce risk of exposure, or promote more
timely remediation, the responsible party may begin remediation at a site
before a remedial action plan is submitted to or approved by the department,
provided the responsible party:
(a) Notifies the department in writing of the proposed
activities to be conducted prior to beginning remediation;
(b) Incorporates the self-initiated remediation
measures into the remedial action plan that is submitted to the department for
approval; and
(c) Complies with all other applicable local,
state, and federal requirements.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
606.15 Remedial Action Implementation.
(a) If the approved remedial action does not
include any active on-site treatment system, containment system, or source
removal project, the responsible party shall initiate implementation of the
approved remedial action within 90 days following the department’s approval of
the remedial action.
(b) If the approved remedial action includes any
active on-site treatment system, containment system, or source removal project,
the responsible party shall:
(1) Submit
design plans and construction specifications to the department prepared
pursuant to Env-Or 606.16 for the active on-site treatment system or source
removal project, as applicable, within 90 days following department approval of
the remedial action; and
(2) Initiate
implementation of the approved remedial action within 90 days following
department approval of the design plans and construction specifications.
(c) The responsible party shall submit a remedial
action implementation report prepared pursuant to Env-Or 606.17 to the
department within 90 days following completion of remedial action implementation
activities.
(d) The responsible party shall submit periodic
status reports prepared pursuant to Env-Or 606.18 to the department to monitor
the effectiveness of remedial action implementation activities at the frequency
specified in the department-approved remedial action.
(e) If implementation of the approved remedial
action fails to meet performance standards specified in the approved remedial
action, the responsible party shall:
(1) Notify the
department in writing; and
(2) Submit recommendations for revising the remedial
action, including a schedule of milestones, to the department for approval.
(f) The department shall approve the revised
remedial action if the revised proposal meets the requirements of Env-Or 606.13
and addresses the reason(s) why the original remedial action did not meet the
performance standards specified.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; amd by #9213, eff 7-23-08; ss by #10831, eff
6-1-15
Env-Or
606.16 Design Plans and Construction
Specifications.
(a) The design plans and construction
specifications required pursuant to Env-Or 606.15(b) shall include the
following, as applicable:
(1) A
description of the purpose and function of the remedial treatment system or source
removal project;
(2) A list of
applicable design criteria for the remedial treatment system or source removal
project including, but not limited to:
a. Site
limitations;
b. Physical
properties of the soil and aquifer;
c. Space
restrictions;
d. Subsurface
obstacles, barriers, or both;
e. Noise
restrictions;
f. Air and
water discharge permit requirements;
g. Remedial
treatment system flow rates; and
h. Remedial
treatment system efficiency;
(3) Remedial
treatment system performance standards;
(4)
Characteristics, quantities, and locations of environmental media and
contaminants to be treated or removed;
(5) Expected
waste products that will be generated and their means of disposal;
(6) Pilot test
results used in the preparation of the design; and
(7) Manufacturer’s
data describing the equipment in the design.
(b) Construction plans and specifications
required pursuant to Env-Or 606.15(b) shall provide sufficient detail for
construction of the remedial system or source removal project.
(c) The design plans and construction
specifications prepared pursuant to this section shall be dated, signed, and
sealed by the engineer of record.
Source. (See Revision Note at chapter heading for Env-Or
600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
606.17 Remedial Action Implementation
Report.
(a) The remedial action implementation report
required pursuant to Env-Or 606.15(c) shall include the following:
(1) As-built
drawings indicating any changes from the original design documents;
(2) The results
of any testing or measurements made during remedial action implementation activities;
(3) A
description of remedial action implementation activities including tables and
figures; and
(4)
Transportation and disposal documentation for any remediation waste
transported off-site, including:
a. Free
product;
b. Spent
carbon;
c. Contaminated
groundwater; and
d. Contaminated
soils.
(b) The remedial action implementation report prepared
pursuant to (a), above, shall be dated, signed, and sealed by the professional
of record.
Source. (See Revision Note at chapter heading for Env-Or
600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
606.18 Periodic Status Report.
(a) Each periodic status report required pursuant
to Env-Or 606.15(d) shall include the following:
(1) A summary
of work performed during the period including a description of the type and
frequency of monitoring activities conducted;
(2) A review of
the site conceptual model noting any changes;
(3) A tabular
and graphical summary of groundwater quality and treatment system monitoring
data showing trends in contaminant concentrations, including cumulative mass of
contaminant removed by the treatment system;
(4) An evaluation of operation and maintenance
requirements, and recommendations for modifications, adjustments, or upgrades,
if any; and
(5) An evaluation of progress towards meeting
performance standards including any recommendations for remedial action
revisions.
(b) The periodic status reports prepared pursuant
to (a), above, shall be dated, signed, and sealed by the professional of
record.
Source. (See Revision Note at chapter heading for Env-Or
600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
606.19 Soil Remediation Criteria.
(a) Soil remediation standards shall apply to all
contaminated soil resulting from a discharge except as provided for in (c)
through (f), below.
(b) Soil remediation standards shall be as set
forth in Table 600-2 below:
Table 600-2 SOIL REMEDIATION STANDARDS |
||
Chemical Name |
CAS No. |
Concentration (mg/kg) |
Acenaphthene |
83-32-9 |
340 |
Acenaphthylene |
208-96-8 |
490 |
Acetone |
67-64-1 |
75 |
Acrylonitrile |
107-13-1 |
0.5 |
Alachor |
15972-60-8 |
0.2 |
Aldicarb |
116-06-3 |
0.1 |
Aldicarb sulfone |
1646-88-4 |
0.1 |
Aldicarb sulfoxide |
1646-87-3 |
0.2 |
Aldrin |
309-00-2 |
0.09 |
Allyl chloride |
107-05-1 |
1 |
Anthracene |
120-12-7 |
1,000 |
Antimony |
7440-36-0 |
9 |
Arsenic |
7440-38-2 |
11 |
Atrazine |
1912-24-9 |
0.09 |
Barium |
7440-39-3 |
1000 |
Benzene |
71-43-2 |
0.3 |
Benzidine |
92-87-5 |
0.01 |
Benzo(a)anthracene |
56-55-3 |
1 |
Benzo(a)pyrene |
50-32-8 |
0.7 |
Benzo(b)fluoranthene |
205-99-2 |
1 |
Benzoic acid |
65-85-0 |
350 |
Benzo(k)fluoranthene |
207-08-9 |
12 |
Beryllium |
7440-41-7 |
12 |
Biphenyl, 1,1- |
92-52-4 |
125 |
Bis (2Chloroisopropyl) ether |
108-60-1 |
5 |
Bis (Chloroethyl) ether |
111-44-4 |
0.7 |
Bisphenol A |
80-05-7 |
1,300 |
Boron |
7440-42-8 |
1,000 |
Bromodichloromethane |
75-27-4 |
0.1 |
Bromoform |
75-25-2 |
0.1 |
Bromomethane |
74-83-9 |
0.3 |
Butylbenzene, n- |
104-51-8 |
110 |
Butylbenzene, sec- |
135-98-8 |
130 |
Butylbenzene, tert- |
98-06-6 |
100 |
Cadmium |
7440-43-9 |
33 |
Carbofuran |
1563-66-2 |
0.6 |
Carbon disulfide |
75-15-0 |
460 |
Carbon tetrachloride |
56-23-5 |
12 |
Chlordane |
57-74-9 |
4 |
Chloroaniline, p- |
106-47-8 |
1.3 |
Chloromethane |
74-87-3 |
3 |
Chlorophenol, 2- |
95-57-8 |
2 |
Chlorotoluene, 2
(o) |
95-49-8 |
15 |
Chlorotoluene, 4
(p) |
106-43-4 |
680 |
Chromium (III) |
16065-83-1 |
1,000 |
Chromium (VI) |
18540-29-9 |
130 |
Chrysene |
218-01-9 |
120 |
Cyanazine |
21725-46-2 |
0.03 |
Cyanide |
57-12-5 |
22 |
2,4-D (Dichlorophenooxy acetic acid, 2,4-) |
94-75-7 |
300 |
Dalapon |
75-99-0 |
3 |
DDD (Dichlorodiphenyl dichloroethane, p,p’) |
72-54-8 |
6 |
DDE (Dichlorodiphenyl dichloroethylene, p,p’) |
72-55-9 |
4 |
DDT (Dichlorodiphenyl trichloroethane, p,p’) |
50-29-3 |
4 |
Dibenzo(a,h)anthracene |
53-70-3 |
0.7 |
Dibromochloromethane |
124-48-1 |
1 |
Dibromochloropropane |
96-12-8 |
0.1 |
Dibutylphthalate |
84-74-2 |
2,600 |
Dichlorobenzene, 1,2- (o-DCB) |
95-50-1 |
88 |
Dichlorobenzene, 1,3- (m-DCB) |
541-73-1 |
150 |
Dichlorobenzene, 1,4- (p-DCB) |
106-46-7 |
7 |
Dichlorobenzidine, 3,3’- |
91-94-1 |
0.7 |
Dichlorodifluoromethane |
75-71-8 |
1,000 |
Dichloroethane, 1,1- |
75-34-3 |
3 |
Dichloroethane, 1,2- |
107-06-2 |
0.1 |
Dichloroethylene, 1,1- |
75-35-4 |
14 |
Dichloroethylene, cis-1,2- |
156-59-2 |
2 |
Dichloroethylene, trans-1,2- |
156-60-5 |
9 |
Dichloromethane
(Methylene chloride) |
75-09-2 |
0.1 |
Dichlorophenol, 2,4- |
120-83-2 |
0.7 |
Dichloropropane, 1,2- |
78-87-5 |
0.1 |
Dichloropropene, 1,3- |
542-75-6 |
0.1 |
Dieldrin |
60-57-1 |
0.06 |
Diethyl ether |
60-29-7 |
3900 |
Diethyl phthalate |
84-66-2 |
1,000 |
Di-(2-ethylhexyl)phthalate (DEHP) |
117-81-7 |
72 |
Diisopropyl ether (DIPE) |
108-20-3 |
10 |
Dimethyl phthalate |
131-11-3 |
700 |
Dimethylphenol, 2,4- |
105-67-9 |
4 |
Dinitrophenol, 2,4- |
51-28-5 |
0.7 |
Dinitrotoluene, 2,4- |
121-14-2 |
0.7 |
Dinoseb |
88-85-7 |
1 |
Dioxane, 1,4- |
123-91-1 |
5 |
Dioxin (2,3,7,8-TCDD equivalents) |
1746-01-6 |
0.001 |
Diphenylhydrazine, 1,2- |
122-66-7 |
1 |
Diquat (dibromide) |
85-00-7 |
0.3 |
Endosulfan |
115-29-7 |
45 |
Endothall |
145-73-3 |
1 |
Endrin |
72-20-8 |
8 |
Ethyl tert butyl ether (ETBE) |
637-92-3 |
0.7 |
Ethylbenzene |
100-41-4 |
120 |
Ethylene dibromide |
106-93-4 |
0.1 |
Ethylene glycol |
107-21-1 |
91 |
Fluoranthene |
206-44-0 |
960 |
Fluorene |
86-73-7 |
77 |
Fluoride |
7782-41-4 |
2200 |
Formaldehyde |
50-00-0 |
1 |
Heptachlor |
76-44-8 |
0.2 |
Heptachlor epoxide |
1024-57-3 |
0.1 |
Hexachlorobenzene |
118-74-1 |
0.8 |
Hexachlorobutadiene |
87-68-3 |
17 |
Hexachlorocyclohexane, alpha |
319-84-6 |
0.06 |
Hexachlorocyclohexane, beta |
319-85-7 |
0.06 |
Hexachlorocyclohexane, gamma |
58-89-9 |
0.09 |
Hexachlorocyclopentadiene |
77-47-4 |
200 |
Hexachloroethane |
67-72-1 |
0.7 |
Indeno(1,2,3-cd)pyrene |
193-39-5 |
1 |
Isophorone |
78-59-1 |
1 |
Isopropyl benzene |
98-82-8 |
330 |
Lead |
7439-92-1 |
400 |
Manganese |
7439-96-5 |
1,000 |
MCPA (2-Methyl-4-chlorophenoxyacetic acid) |
94-74-6 |
13 |
MCPP (2-(2- Methyl-4-chlorophenoxy) propionic acid) |
93-65-2 |
26 |
Mercury (inorganic) |
7439-97-6 |
7 |
Methanol |
67-56-1 |
50 |
Methoxychlor |
72-43-5 |
130 |
Methyl ethyl ketone (MEK) |
78-93-3 |
51 |
Methyl isobutyl ketone (MIBK) |
108-10-1 |
29 |
Methyl mercury |
22967-92-6 |
3 |
Methylnaphthalene, 2- |
91-57-6 |
96 |
Methyl phenol, 2- |
95-48-7 |
0.9 |
Methyl phenol, 4- |
106-44-5 |
0.7 |
Methyl tert butyl ether (MTBE) |
1634-04-4 |
0.2 |
Metolachlor |
51218-45-2 |
3 |
Metribuzin |
21087-64-9 |
5 |
Monochlorobenzene |
108-90-7 |
6 |
Naphthalene |
91-20-3 |
5 |
Nickel |
7440-02-0 |
400 |
Oxamyl |
23135-22-0 |
2 |
Pentachlorophenol |
87-86-5 |
3 |
Phenol |
108-95-2 |
56 |
Picloram |
1918-02-1 |
6 |
Polychlorinated Biphenyls (PCBs) |
1336-36-3 |
1 |
Propyl benzene, n- |
103-65-1 |
85 |
Pyrene |
129-00-0 |
720 |
Selenium |
7782-49-2 |
180 |
Silver |
7440-22-4 |
89 |
Simazine |
122-34-9 |
0.4 |
Styrene |
100-42-5 |
17 |
Tertiary amyl methyl ether (TAME) |
994-05-8 |
3 |
Tertiary butyl alcohol (TBA) |
75-65-0 |
2 |
Tetrachloroethane, 1,1,1,2- |
630-20-6 |
0.8 |
Tetrachloroethane, 1,1,2,2,- |
79-34-5 |
4 |
Tetrachloroethylene (PCE) |
127-18-4 |
2 |
Tetrachlorophenol 2,3,4,6 |
58-90-2 |
130 |
Thallium |
7440-28-0 |
10 |
Toluene |
108-88-3 |
100 |
Total Petroleum Hydrocarbons |
|
10,000 |
Toxaphene |
8001-35-2 |
1 |
2,4,5-TP (Silvex) |
93-72-1 |
60 |
Trichlorobenzene, 1,2,4- |
120-82-1 |
19 |
Trichloroethane, 1,1,1- |
71-55-6 |
78 |
Trichloroethane, 1,1,2- |
79-00-5 |
0.1 |
Trichloroethylene (TCE) |
79-01-6 |
0.8 |
Trichlorofluoromethane |
75-69-4 |
1,000 |
Trichloromethane (Chloroform) |
67-66-3 |
3 |
Trichlorophenol, 2,4,5- |
95-95-4 |
24 |
Trichlorophenol, 2,4,6- |
88-06-2 |
0.7 |
Trichloropropane, 1,2,3- |
96-18-4 |
0.1 |
Trimethylbenzene, 1,2,4 |
95-63-6 |
130 |
Trimethylbenzene, 1,3,5 |
108-67-8 |
96 |
Vinyl chloride |
75-01-4 |
1 |
Xylenes (mixed isomers) |
1330-20-7 |
500 |
Zinc |
7440-66-6 |
1,000 |
(c) In lieu of the soil standards in Table 600-2,
the responsible party may develop site-specific soil remediation standards by
evaluating the risk to human health and the environment using the methods
described in ASTM Standard E 1739-95 (2010)e1 entitled “Standard Guide for
Risk-Based Corrective Action Applied at Petroleum Release Sites” (ASTM E
1739-95), or ASTM E 2081, available as noted in Appendix B, as applicable.
(d) Site-specific soil standards developed pursuant
to (c), above, shall:
(1) Demonstrate
that leaching of contaminants to groundwater will not result in violations of
ambient groundwater quality standards as specified in Env-Or 603.03;
(2) Demonstrate
that no significant risk to human health and the environment exists at the site
pursuant to the procedures prescribed in ASTM E 1739-95 or ASTM E 2081, as
applicable, as noted in (c), above; and
(3) In the
evaluation of human health in (2), above, use a cumulative risk approach that
compares site-specific information to a cumulative risk of an excess lifetime
cancer risk of one in 100,000 and a cumulative non-cancer risk that is a hazard
index equal to one pursuant to the procedures prescribed in ASTM E 1739-95 or
ASTM E 2081, as applicable, as noted in (c), above.
(e) In lieu of the soil standards in Table 600-2,
the responsible party may use an activity and use restriction at a site where a
department-approved remedial action relies on the restriction of site
activities and uses to eliminate exposure pathways to achieve or maintain
protection of human health and the environment pursuant to the procedures
outlined in Env-Or 608.
(f) The soil standards in Table 600-2 shall not
apply at sites where contamination is at or below background levels.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; amd by #9213, eff 7-23-08; ss by #10831, eff
6-1-15
Env-Or
606.20 Financial Assurance.
(a) If the remedial action plan proposes active
remediation or active containment, or both, that will be ongoing for 10 or more
years, the responsible party shall establish, implement, and maintain an
approved financial assurance plan.
(b) The responsible party shall submit to the
department for approval a financial assurance plan within 90 days following
approval of the remedial action plan that includes:
(1) A cost estimate
prepared in accordance with (c), below;
(2) Provisions
for guaranteeing the cost of long-term remediation based on one or any
combination of the options specified in Env-Or 606.21; and
(3) For the
options specified in Env-Or 606.21(a), the identity of the financial institution
providing the guarantee.
(c) The remediation cost estimate shall:
(1) Be itemized
and documented to show the unit cost and quantity of each item, service, and
activity required for operation and maintenance of the active remediation or
active containment system, or both;
(2) Be based on
representative current market rates for having a third party perform all
required remediation activities;
(3) Be based on
the time required to meet the criteria for issuance of a certificate of
completion pursuant to Env-Or 609.01 or 30 years, whichever is less;
(4) Include a
line item for contingencies equaling no less than 10% of the total itemized
costs; and
(5) Be dated,
signed, and sealed by the engineer of record.
(d) The responsible party shall demonstrate that
it has obtained financial assurance within 30 days of receiving the
department’s approval of the financial assurance plan.
(e) The responsible party shall submit an update
of the remediation cost estimate to the department for approval annually on a
date stipulated in the groundwater management permit.
(f) If the updated remediation cost estimate
required pursuant to (e), above, is greater than 10% more than the value of the
financial assurance mechanism currently in effect, the responsible party shall
obtain updated or replacement financial assurance in an amount consistent with
the updated remediation cost estimate within 30 days of the department’s
approval of the cost estimate.
(g) The responsible party shall submit a revised
financial assurance plan for department approval within 30 days of learning
that any portion of its financial assurance is being cancelled or not renewed
by the issuer.
(h) The responsible party shall demonstrate that
it has obtained replacement financial assurance promptly upon receiving the
department’s approval of a revised financial assurance plan, but no later than
30 days before the cancellation or expiration date of the existing financial
assurance.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
606.21 Financial Assurance Mechanisms.
(a) Financial assurance required pursuant to
Env-Or 606.20(a) shall be provided in one, or any combination, of the following
forms:
(1) An irrevocable
letter of credit issued for a period of at least one year from an institution
whose operations are regulated and examined by a federal or
(2) An insurance
policy, except that insurance issued by an affiliated captive insurance company
shall not be acceptable;
(3) A surety
bond issued by a surety company listed as an acceptable surety on federal bonds
in Circular 570 of the U.S. Department of the Treasury;
(4) A trust
fund established in accordance with the laws of the state of
(5) An
alternate mechanism agreed to by the responsible party and the department that
will ensure that the funds necessary to meet the remediation costs are
available when they are needed.
(b) If using a surety bond, insurance policy, or
letter of credit, the responsible party shall also establish a standby trust to
receive the proceeds of the surety bond, insurance policy, or letter of credit.
(c) Each financial assurance instrument specified
in (a) and (b), above, shall specifically identify the state of
(d) Funds held in trust accounts may be invested,
but shall provide for the preservation of principal.
(e) Financial assurance documents shall be as
described in 40 CFR 264.151, as applicable.
(f) Letters of credit shall include a provision
to automatically extend the expiration date by at least one year unless the
issuing institution notifies the responsible party and the department by certified
mail, return receipt requested, of a decision to not extend the expiration date
at least 120 days before the current expiration date.
(g) Insurance policies and surety bonds shall
include a provision to prohibit any cancellation without prior notice of
cancellation being sent to the responsible party and the department by
certified mail, return receipt requested, at least 120 days before the
effective date of cancellation.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
PART Env-Or
607 GROUNDWATER MANAGEMENT PERMITS
Env-Or
607.01 Groundwater Management Permit
Required.
(a) A responsible party shall apply for and
obtain a groundwater management permit for any site where:
(1) The discharge
of a regulated contaminant at that site has caused and continues to cause the
groundwater quality criteria of Env-Or 603.01 to be violated; or
(2) An unlined
solid waste landfill regulated pursuant to RSA 149-M is located.
(b) The groundwater management permit shall:
(1) Establish a
groundwater management zone (GMZ);
(2) Require
implementation of measures to restore groundwater quality within the GMZ to
meet groundwater quality criteria of Env-Or 603.01;
(3) Control the
use of groundwater within the GMZ;
(4) Require
monitoring of the groundwater quality within the GMZ; and
(5) Require an
evaluation of the effectiveness of remedial measures.
(c) A groundwater discharge permit issued pursuant
to Env-Wq 402 shall not be required for discharges to groundwater associated
with an approved remedial action provided a groundwater management permit has
been issued for the site.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
607.02 Groundwater Management Permit
Procedures.
(a) An applicant for a groundwater management
permit shall obtain a groundwater permit application from the department and
submit the completed application to the department:
(1) Within 60
days following department approval of a remedial action plan; or
(2) For cases
where a remedial action plan is not required but groundwater quality continues
to exceed the groundwater quality criteria specified in Env-Or 603.01, within
60 days of written notice from the department that a groundwater management
permit is required pursuant to Env-Or 607.01(a)(1).
(b) The applicant for a groundwater management
permit shall:
(1) Also apply
for all required local, state, or federal permits;
(2) Provide
notification on a form provided by the department by certified mail, return
receipt requested, to all owners of properties specified in Env-Or
607.03(a)(20) that their property is proposed for inclusion within the GMZ;
(3) Provide a
copy of the complete permit application to the town/city clerk of the
municipality in which the site is located;
(4) Obtain
rights of access necessary to conduct the approved remedial action;
(5) Obtain any
necessary rights as required pursuant to Env-Or 607.06(c) to restrict the use
of water wells within the groundwater management zone; and
(6) File
documentation of the rights required by (5), above, in the registry of deeds.
(c) The responsible party shall submit the fee
required by RSA 485:3-c with the permit application. If paid by check or money order, the
instrument shall be made payable to the “Treasurer - State of
(d) Within 90 days from receipt of a complete
permit application, the department shall:
(1) Issue a
permit that is valid for a period of 5 years from the date of issuance and
subject to renewal; or
(2) Notify the
applicant in writing that the information submitted is not sufficient to make a
decision and request additional information from the applicant.
(e) If a groundwater management permit is issued,
the permit shall contain conditions as are necessary to ensure implementation
of the remedial action and monitoring of groundwater quality within the GMZ,
including conditions for submitting periodic status reports as required by (f),
below.
(f) The permittee shall submit periodic summary
reports prepared in accordance with Env-Or 607.04 to summarize the
effectiveness of the remedial measures and groundwater quality within the GMZ.
Source. (See Revision Note at chapter heading for Env-Or
600) #8812, eff 2-1-07; amd by #9213, eff 7-23-08; ss by #10831, eff 6-1-15
Env-Or
607.03 Groundwater Management Permit
Application.
(a) The applicant for a groundwater management
permit shall provide the following information on or with a form obtained from
the department:
(1) The site
name, address, property deed reference by county book and page, and property
tax map and lot number, and the department site number;
(2) The name,
mailing address, daytime telephone number, and email address, if any, of the
site owner;
(3) If
different from the site owner, the name, mailing address, daytime telephone
number, and email address, if any, of the applicant;
(4) The name,
mailing address, daytime telephone number, and email address, if any, of a contact
person for the applicant and, if available, a fax number;
(5) A brief
summary of the site investigation report;
(6) A brief
summary of remedial measures performed to date;
(7) A plan
scaled to fit onto an 8-1/2 inches by 11 inches or 11 inches by 17 inches
sheet, using a tax map as a base, that identifies and locates to the extent
ascertainable, the following:
a. The proposed
GMZ boundary;
b. Any deeded
easements which restrict the use of the groundwater within the GMZ;
c. Any streets
within 1,000 feet of the site;
d. Any
properties, including tax map and lot numbers, that are within the proposed GMZ
or that abut the lots that are within the proposed GMZ;
e. Any surface
water bodies on and within 500 feet of the GMZ;
f. Any lots with
water supply wells, including type of use, within 500 feet of the GMZ; and
g. The
location, elevation, and datum of a permanent and recoverable bench mark;
(8) A site plan
scaled to fit onto an 8-1/2 inches by 11 inches or 11 inches by 17 inches sheet
prepared in accordance with Env-Or 606.04(m) that clearly identifies all
proposed sampling locations;
(9) A table of
current water level measurements obtained from piezometers and monitoring wells
used to develop the groundwater contours;
(10) A table
summarizing all monitoring results for the 5 years immediately preceding the
application, if applicable, from existing monitoring points;
(11) An updated
list, including copies if not already submitted to the department, of any
previously-completed investigations and reports pertinent to the site;
(12) A summary
table, if more than 3 previously-completed investigations and reports are
available, that includes the following information:
a. The date of
the report;
b. The
consultant’s name; and
c. The scope of
the investigation;
(13) A detailed
proposal for a water quality monitoring program, including proposed monitoring
schedule, parameters to be analyzed, monitoring locations, and supporting
information justifying the locations, frequency and parameters selected;
(14) Well
construction details of monitoring wells and elevations of top of wells not
previously referenced in the site investigation submitted under Env-Or 606.01;
(15)
Certification that application has been made for all required local,
state, or federal permits;
(16)
Certification that notification has been provided to all owners of lots
proposed for inclusion in the GMZ as required by Env-Or 607.02(b)(2);
(17)
Certification that a copy of the complete permit application has been
provided to the town/city clerk of the municipality as required by Env-Or
607.02(b)(2);
(18) Documentation
that rights of access necessary to conduct the approved remedial action have
been obtained as required by Env-Or 607.02(b)(3);
(19) Documentation
that any necessary rights as required by Env-Or 607.06(c) have been obtained to
control the use of water wells within the GMZ and filed in the registry of
deeds as required by Env-Or 607.02(b)(5) and (6); and
(20) A list of
properties located within the GMZ that includes, for each property:
a. The name and
mailing address of the property owner(s) and, if available, a daytime telephone
number;
b. The property
address;
c. The deed
reference, including county book and page; and
d. The tax map
and lot number.
(b) The
groundwater management permit application shall be dated, signed, and sealed by
the professional of record.
(c)
The applicant shall sign the application form. Such signature shall constitute certification
that all information provided on or with the form or that otherwise is
submitted by the applicant as part of the application is true, complete, and
not misleading to the knowledge and belief of the signer.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; amd by #9213, eff 7-23-08; ss by #10831, eff
6-1-15
Env-Or 607.04 Periodic
Summary Reports.
(a) The periodic summary report required by Env-Or
607.02(f) shall include the following information as applicable:
(1) A summary
of work performed during the monitoring period including a description of the
type and frequency of monitoring activities conducted;
(2) An update of the site conceptual model, including
current groundwater contour and contaminant distribution maps;
(3) A tabular
and graphical summary of groundwater quality and treatment system monitoring
data showing trends in contaminant concentrations, including the cumulative
mass of contaminant removed by the treatment system for the monitoring period;
(4) An evaluation of progress towards meeting performance
standards including any recommendations for remedial action revisions; and
(5) A
demonstration by the responsible party that the financial assurance
requirements of Env-Or 606.20 and Env-Or 606.21 will continue to be available
to meet the costs of the approved long-term remediation.
(b) The summary report shall be dated, signed,
and sealed by the professional of record.
Source. (See Revision Note at chapter heading for Env-Or
600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
607.05 Establishing the GMZ.
(a) The GMZ boundary delineation shall be
supported by hydrogeologic data and include an examination of the following:
(1) The
geologic characteristics of the site;
(2) The
estimated groundwater flow patterns at the site;
(3) Contaminant
transport and degradation mechanisms;
(4) Boundaries
by induced hydraulic gradient control;
(5) Natural
hydrogeologic boundaries such as groundwater divides or surface water bodies;
and
(6) Boundaries
created by natural attenuation of contamination.
(b) The boundaries of the GMZ shall be denoted by
clearly identifiable physical features or surveyed metes and bounds unless the
boundaries coincide with existing property lines.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
607.06 Monitoring and Use of
Groundwater Within a GMZ.
(a) Where drinking water supply wells located
within the GMZ are contaminated above the groundwater quality criteria of
Env-Or 603.01, the permittee shall provide a potable drinking water supply that
meets applicable federal and state water quality criteria.
(b) For water supply wells located within the GMZ
that are not contaminated above groundwater quality criteria of Env-Or 603.01,
the permittee shall:
(1) Monitor
drinking water quality as part of the permit; and
(2) Establish
and implement contingency provisions to provide a potable drinking water supply
that meets applicable federal and state water quality criteria in the event a
well becomes contaminated above the groundwater quality criteria of Env-Or
603.01.
(c) Use of groundwater within the GMZ for drinking
water shall be restricted by recorded easement or other form of ownership
interest or restriction, except where potable water is available or is provided
to all lots of record by the permittee.
(d) Where an undeveloped lot with no drinking
water supply is included in the GMZ, the permittee shall contact the property
owner annually to determine if a water supply has been developed.
(e) Within 30 days of discovery of a new drinking
water supply well within the GMZ, the permittee shall:
(1) Provide written
notification of such well to the department that includes the drinking water
supply well owners name, mailing address, property tax map and lot number and
deed reference by county book and page; and
(2) Sample the
supply well, with all sampling, analysis and reporting conducted in accordance
with Env-Or 610.02 and Env-Or 610.03.
(f) Groundwater extraction within the GMZ shall be
restricted by a recorded easement or other form of ownership interest or
restriction if required to implement an approved remedial action.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or 607.07 Groundwater
Management Permit Compliance Criteria.
(a) No violation of groundwater quality criteria
shall be allowed outside the boundary of the GMZ.
(b) The permittee shall notify the department in
writing within 30 days of discovery of a violation of groundwater quality
criteria at or beyond the GMZ boundary as evidenced by required permit
monitoring.
(c) Within 60 days of discovery of a violation of
groundwater quality criteria at or beyond the GMZ boundary, the permittee shall
submit recommendations to correct the violation to the department for approval. The department shall approve the recommendations
if the department determines that they will correct the violation.
(d) The permittee shall monitor and manage groundwater
in compliance with the permit conditions until groundwater contamination sources
are eliminated and compliance with groundwater quality criteria is achieved
after accounting for seasonal, atmospheric, and hydrogeologic variability.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
607.08 Permit Notification.
(a) Within 15 days after the department issues
the groundwater management permit, the permittee shall provide notice of the
permit by certified mail, return receipt requested, to all owners of lots of
record within the GMZ.
(b) Within 45 days after the department issues
the groundwater management permit, the permittee shall submit documentation of
the notification required by (a), above, to the department.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #9213, eff 7-23-08; ss by #10831, eff
6-1-15
Env-Or
607.09 Recordation.
(a) The permittee shall record notice of the
permit on a form provided by the department at the appropriate registry of
deeds in the chain of title for each lot within the GMZ within 60 days after
the department issues the groundwater management permit.
(b) The permittee shall submit a copy of the
recorded notice(s) to the department and to the governing body of each
municipality in which the site or any lot with the GMZ is located within 30
days of recordation.
(c) The notice of permit shall include the
following:
(1) The name
and mailing address of the permittee;
(2) The lot
owner’s name, address, tax map and lot numbers and property deed reference by
county book and page numbers;
(3) The permit
number and date the permit was approved;
(4) A statement
that the permit is available for review at the department; and
(5) A statement
that the notice of permit will remain in effect until the department issues a
release of recordation.
(d) The permittee shall sign the notice of permit
prior to recording it.
(e) The permittee may record one notice that
includes all lots or a separate notice for each lot.
(f) The department shall issue a release of
recordation to the permittee once groundwater quality within the GMZ meets the groundwater
quality criteria of Env-Or 603.01.
(g) The permittee shall record the release of
recordation issued pursuant to (e), above, in the registry of deeds in the
chain of title for the lot(s) designated in the release within 60 days of
receipt of the release of recordation from the department.
(h) Within 30 days of recordation, the permittee
shall submit a copy of the recorded release of recordation to the department
and to the governing body of each municipality in which the site or any lot with
the GMZ is located.
(i) Recordation requirements shall not apply to
publicly owned roadways or railroad rights of ways for which there is no chain
of title.
(j) The department shall record a release of
recordation if the permittee is unwilling or unable to record the release
pursuant to (f), above.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
607.10 Permit Renewal.
(a) The permittee shall apply for a permit
renewal prior to its expiration date but no more than 90 days prior to
expiration.
(b) The permittee shall continue to comply with
all conditions in the current permit until:
(1) The permit
is renewed; or
(2) The
department issues a certificate of no further action pursuant to Env-Or 609.02.
(c) The applicant for renewal shall provide the
following information on a form obtained from the department:
(1) The site
name, address, property deed reference by county book and page and property tax
map and lot numbers, and the department site number;
(2) The name,
mailing address, daytime telephone number, and email address, if any, of the
site owner;
(3) If different
from site owner, the name, mailing address, daytime telephone number, and email
address, if any, of the permittee;
(4) The name,
mailing address, and daytime telephone number of the contact person for the
site and, if available, a fax number and e-mail address;
(5) A table
summarizing all monitoring results for the 5 years immediately preceding the renewal
application from existing monitoring points with an assessment of any trends
shown by the data;
(6) A summary
of remedial measures performed and an update on the performance of measures
conducted;
(7)
Recommendation for any revisions to the current permit;
(8) A plan(s)
scaled to fit onto an 8-1/2 inches by 11 inches or 11 inches by 17 inches
sheet, using a tax map as a base, that identifies and locates to the extent
ascertainable, the following:
a. The proposed
GMZ boundary;
b. Any properties,
including tax map and lot numbers, within and abutting the lots on which the
proposed GMZ is located;
c. All proposed
sampling locations; and
d. Current
groundwater contours referenced to a table of current water level measurements
obtained from piezometers and monitoring wells used to develop the contours;
and
(9)
Certification that a copy of the completed permit renewal application
has been provided to the town/city clerk of the municipality in which the site
is located.
(d) The permit renewal application shall be
dated, signed, and sealed by the professional of record.
(e)
The applicant shall sign the application form. Such signature shall constitute certification
that all information provided on or with the form or that otherwise is submitted
by the applicant as part of the application is true, complete, and not
misleading to the knowledge and belief of the signer.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
607.11 Permit Modification.
(a) A permittee who wishes to request a permit
modification shall submit a written request to the department that includes:
(1) The reasons
for the modification;
(2) A table
summarizing all monitoring results to date from existing monitoring points; and
(3) A demonstration
that the permit as modified will result in compliance with Env-Or 607.01(b) and
Env-Or 607.07.
(b) The department shall modify the permit or
deny the request within 90 days of receipt of the request. If the department denies the request, the department
shall send the permittee a written notice that states the reason(s) for the
denial.
(c) The department shall modify the permit if the
applicant can demonstrate that compliance with the permit as modified will
result in compliance with Env-Or 607.01(b) and Env-Or 607.07.
(d) The department shall initiate a procedure
under RSA 541-A:30 to modify a permit without request by the permittee if the
department determines that:
(1) Issuance of
the permit was based on false or misleading information and the permit would
not have been issued if the information had been true and not misleading;
(2) Modification of the permit is necessary to ensure
protection of human health and the environment; or
(3) Modification
of the permit is necessary to ensure compliance with Env-Or 607.01(b) and
Env-Or 607.07.
(e) To initiate a
permit modification procedure, the department shall provide the permittee with written notice that:
(1) Identifies
the site by name, department identification number, location, and permit
number;
(2) Explains
each action the department proposes to take and the reasons for each proposed
action;
(3) Identifies
the department’s authority for taking such an action;
(4) Explains
the opportunity for an adjudicative hearing and related deadlines; and
(5) Lists the
name, title, mailing address, and telephone number of the department representative
who may be contacted regarding the notice.
(f) An adjudicative hearing on a permit modification
initiated by the department pursuant to (e), above, shall:
(1) Be
requested by the permittee to the department in writing within 30 days of receipt
of the notice from the department; and
(2) Proceed in
accordance with Env-C 200 as applicable to adjudicative proceedings.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
607.12 Permit Transfer.
(a) Subject to (f), below, prior to the transfer
of a groundwater management permit to a new permittee, the current permittee shall
file a written request for the transfer with the department on a form provided
by the department.
(b) A transfer request shall include the
following information:
(1) The
department permit number;
(2) The site
name, address, and tax map and lot number;
(3) The name,
mailing address, daytime telephone number, and email address, if any, of the
new permittee;
(4) The name,
mailing address, daytime telephone number, and email address, if any, of the
current permittee; and
(5) A summary
of all monitoring results to date.
(c) Subject to (f), below, the current permittee
and the person to whom the permit is proposed to be transferred shall sign the
transfer request. Such signatures shall
constitute certification that the information contained in the request is
correct, complete, and not misleading to the knowledge and belief of the signer
and that the signer agrees to comply with all requirements of the permit and
all applicable rules.
(d) Within 45 days of receiving a request for
transfer, the department shall approve or deny the transfer request and notify
both parties of its decision in writing.
(e) The department shall deny an application to
transfer a permit if:
(1) The
permittee is not presently in compliance with the permit, this chapter, or any
other applicable statute or rules, unless transferring the permit would
facilitate returning the facility to compliance;
(2) The
permittee fails to pay any outstanding penalties or fines issued under RSA
146-A, RSA 146-C, or RSA 147-A, unless all outstanding amounts will be paid in
conjunction with the transfer;
(3) The permittee fails to pay any outstanding invoice
associated with the department’s recoverable cost pursuant to RSA 146-A, RSA
146-C, RSA 147-A, or RSA 147-B, unless all outstanding amounts will be paid in
conjunction with the transfer; or
(4) The
permittee has failed to perform in accordance with a court order, consent
decree, or other settlement agreement relating to the property subject to the
groundwater permit, unless transferring the permit would facilitate such
performance.
(f) If the current
permittee is unable or unwilling to file
a written request for the transfer with the department, the new permittee may file the request. If the new permittee files the request pursuant
to this paragraph, the signature of the current permittee shall not be
required.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
PART Env-Or
608 ACTIVITY AND USE RESTRICTIONS
Env-Or
608.01 Implementation of an Activity
and Use Restriction (AUR).
(a) An activity and use restriction (AUR) shall
be implemented at sites where a department-approved remedial action relies on
the restriction of site activities and uses to achieve or maintain protection
of human health and the environment.
(b) An AUR shall:
(1) Establish
prohibited and accepted site activities and uses to achieve or maintain protection
of human health and the environment;
(2) Be
incorporated either in full or by reference into all deeds, easements,
mortgages, leases, licenses, occupancy agreements, or any other instruments conveying
an interest in, or a right to use the property, or both;
(3) Run with
the land so as to be the responsibility of the property owner upon recordation;
(4) Provide
notice to holders of any interest in the site of the existence and location of
contamination subject to the restriction; and
(5) Establish a
duty to evaluate risks associated with proposed changes in site activities and
uses prior to any such change in accepted activities and uses.
(c) The property owner shall notify the department
in writing within 30 days of a discovery of a violation of any condition of a
department-approved AUR recorded pursuant to Env-Or 608.05.
(d) Within 60 days of discovery of a violation
pursuant to (c), above, a property owner shall submit recommendations to
correct the violation to the department for approval, including a corrective
action plan and a schedule for implementing the plan. The department shall approve the plan if it
determines that the plan, if implemented, will correct the violation.
(e) The department shall send a
self-certification form to the owner of a lot on which an AUR has been recorded
pursuant to this part on a schedule approved in the remedial action for the
site.
(f) Within 30 days of receipt of the
self-certification form, the owner at the time of notice shall:
(1) Sign the
form to certify that all conditions of the department-approved AUR are being
met; and
(2) Return the
signed form to the department.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
608.02 AUR Procedures.
(a) An applicant for an AUR shall obtain an
application from the department and submit the completed application to the
department within 90 days following department approval of a remedial action
that relies on an AUR.
(b) Within 90 days from receipt of an AUR
application, the department shall:
(1) Notify the
applicant in writing of its decision to approve or deny the application; or
(2) If the application does not contain sufficient
information to make a decision, request additional information from the
applicant.
(c) The department shall approve an AUR application
if the application contains all items required by Env-Or 608.03 and the
proposed AUR is consistent with Env-Or 608.01(b).
(d) An AUR
that is approved by the department shall become effective upon
recordation.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
608.03 AUR Application.
(a) The applicant for an AUR shall provide the
following to the department:
(1) All
information required by the AUR application form obtained from the department;
(2) Where the
AUR applies to an entire lot, at least one of the following:
a. A recordable
plan of the site prepared by a
b. A reference
by book and page number to a survey plan of the lot that has been recorded or
registered in the registry of deeds for
the county in which the site is located; or
c. A reference
by book and page number to a property description of the lot that has been
recorded or registered in the registry of deeds for the county in which the
site is located;
(3) Where the
area subject to the AUR comprises only a portion of a lot, the following:
a. A metes and
bounds description of the restricted area; and
b. A recordable
plan, prepared by a
(4) The time
period during which the AUR shall be effective;
(5) A precise
description of the site activities and uses that will be prohibited on the site
and allowed on the site;
(6) A
description of how the restrictions will eliminate the risks to human health
and the environment;
(7) A precise
description of the measures which will be taken to ensure compliance of the
activity and use restriction;
(8) A description
of the procedures to be followed when an emergency requires immediate excavation
of contaminated soil to repair utility lines or other infrastructure on the
site, or to respond to other types of emergencies that might result in a
significant risk to human health, evaluated pursuant to the procedure specified
in Env-Or 606.19(d)(2) and (3), from exposure to contaminants at the site, which
includes:
a. Notifying
the department of such emergency condition;
b. Limiting
disturbance of contaminated media to the minimum necessary to adequately
respond to the emergency;
c. Undertaking
specified precautions to reduce exposure of workers and neighbors of the site,
to contaminated media; and
d. Preparation
and implementation of a written plan for restoring the site to a condition
consistent with the activity and use restrictions;
(9) An
acknowledgment by the applicant that the AUR shall run with the land pursuant
to Env-Or 608.01(b)(3);
(10) An
analysis of the long-term feasibility of maintaining such AUR;
(11) An
acknowledgement by the applicant to incorporate either in full or by reference
the AUR into all deeds, easements, mortgages, leases, licenses, occupancy
agreements, or any other instruments conveying an interest in and/or a right to
use the property pursuant to Env-Or 608.01(b)(2);
(12) The
procedures for modifying and terminating the AUR pursuant to Env-Or 608.06, and
Env-Or 608.07;
(13) Title
reference by which the property owner(s) acquired title to the property; and
(14) The
proposed AUR document that will be recorded if the AUR application is approved.
(b)
The applicant shall sign the application form. Such signature shall constitute certification
that all information provided on or with the form or that otherwise is
submitted by the applicant as part of the application is true, complete, and
not misleading to the knowledge and belief of the signer.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or 608.04 AUR Notification.
(a) Within 30 days of the date on which the
department approves the AUR application pursuant to Env-Or 608.02(c), the applicant
shall provide notice to current holders of any interest in the site of the
existence and location of the contamination subject to the AUR.
(b) Notice sent pursuant to (a), above, shall be:
(1) On a form
provided by the department; and
(2) Sent by
certified mail, return receipt requested.
(c) Within 60 days of the date on which the department
approves the AUR application pursuant to Env-Or 608.02(c), the applicant shall
submit documentation of the notification required in (a), above, to the department.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or 608.05 AUR Recordation.
(a)
Within 60 days of the date on which the department approves the AUR
application pursuant to Env-Or 608.02(c), the applicant shall:
(1) Sign and
acknowledge the document; and
(2) Record the
AUR document and a site plan prepared in accordance with Env-Or 608.03(a)(2) or
(a)(3), as applicable, in the registry of deeds in the chain of title for each
lot that is subject to the AUR.
(b)
Within 30 days of recordation, the applicant shall submit a copy of the
recorded AUR document and site plan to the department and the governing body of
the municipality in which the site is located.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or 608.06 AUR Modifications.
(a) The property owner shall submit any proposed
modification of an AUR and obtain department approval of the modification pursuant
to Env-Or 608.03 before implementing any change in activity on or use of the
property that is subject to the AUR.
(b) If proposed changes in site activities or
uses necessitate additional remedial actions to protect human health or the
environment, the property owner shall complete such remedial actions before the
new or altered activities commence.
(c) Within 60 days of receipt of the department’s
approval, the property owner shall record the modified AUR in the registry of
deeds in the chain of title for the lot that is subject to the AUR. The modification shall not take effect until
so recorded.
(d) Within 30 days of recordation, the property
owner shall submit a copy of the recorded modified AUR to the department and
the governing body of the municipality in which the site is located.
(e) Within 30 days of the date on which the department
approves an AUR modification, the property owner shall provide notice to
current holders of any interest in the site on a form provided by the department
sent by certified mail, return receipt requested, of the existence and location
of the contamination that is subject to the AUR.
(f) Within 60 days of the date on which the
department approves an AUR modification, the property owner shall submit documentation
of the notification required in (e), above, to the department.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
608.07 AUR Termination and Release of
Recordation.
(a)
In cases where an AUR is no longer necessary to achieve or maintain
protection of human health and the environment, the property owner shall submit
a request to terminate the AUR to the department in writing with supporting
information that demonstrates the AUR is no longer necessary to achieve or
maintain protection of human health and the environment.
(b) The department shall issue a release of
recordation for the AUR to the property owner upon determining that the AUR is
no longer necessary to achieve or maintain protection of human health and the
environment.
(c) Within 60 days of receipt of a release of
recordation from department, the property owner shall record the release of
recordation notice of the AUR in the registry of deeds in the chain of title
for the lot designated.
(d) Within 30 days of recordation, the property
owner shall submit a copy of the recorded release of recordation notice to the
department and the governing body of the municipality in which the site is
located.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
PART Env-Or 609
CERTIFICATES OF COMPLETION OR NO FURTHER ACTION
Env-Or
609.01 Certificate of Completion.
(a) Upon completion of the remedial action, the
responsible party may request the department to issue a certificate of
completion.
(b) The department shall issue the requested
certificate of completion if:
(1) All
activities specified in the approved remedial action, with the exception of
groundwater monitoring, have been completed;
(2) The
performance standards specified for the approved remedial action and the groundwater
management permit have been achieved;
(3) All
monitoring requirements under the groundwater management permit are being met;
(4) Any
necessary activity and use restrictions have been implemented;
(5) All
penalty(ies) or fine(s) issued under RSA 146-A, RSA 146-C, RSA 147-A, and RSA
485-C have been paid;
(6) All
invoices associated with the department’s recoverable costs pursuant to RSA
146-A, RSA 146-C, RSA 147-A, RSA 147-B, and RSA 485-C have been paid; and
(7) All fees
and costs due under RSA 147-F have been paid.
Source. (See Revision Note at chapter heading for Env-Or
600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
609.02 Certificate of No Further
Action. The department shall issue a
certificate of no further action, which certifies that no additional
investigation, remedial measures, or groundwater monitoring will be required by
the department, if:
(a) All human health hazards associated with
direct exposure to contaminants through dermal contact, ingestion, and inhalation
have been eliminated;
(b) All necessary activity and use restrictions
have been implemented;
(c) All sources of groundwater contamination have
been eliminated;
(d) All on-site and off-site dissolved
contamination levels meet groundwater quality criteria as specified in Env-Or
603.01;
(e) All recorded release of recordation notices
are on file with the department as required by Env-Or 607.09;
(f) All penalty(ies) or fine(s) issued under RSA
146-A, RSA 146-C, RSA 147-A, and RSA 485-C have been paid;
(g) All invoices associated with the department’s
recoverable cost pursuant to RSA 146-A, RSA 146-C, RSA 147-A, RSA 147-B, and
RSA 485-C have been paid; and
(h) All fees and costs due under RSA 147-F have
been paid.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or 610.01 Applicability. All sampling, analyses, and reporting
required under Env-Or 600 shall be in accordance with this part unless
otherwise specified.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
610.02 Sampling and Analysis.
(a) At all sites that are subject to Env-Or 600,
the responsible party shall:
(1) Monitor
groundwater quality at all sites to ensure that groundwater quality complies
with the terms of the permit, if any, and the groundwater quality criteria
specified in Env-Or 603.01;
(2) Monitor
surface water points and water supply wells to ensure that water quality
complies with applicable water quality standards and the terms of the permit,
if any;
(3) Monitor
sampling points in the active remediation system to ascertain that design
treatment efficiencies are achieved;
(4) Install at
least one hydraulically upgradient groundwater monitoring well to monitor ambient
groundwater quality; and
(5) Operate and
maintain the monitoring wells, piezometers, and other measurement, sampling,
and analytical devices so that they perform to design specifications throughout
the life of the monitoring program.
(b) The parameters to be monitored shall be
determined on a site-specific basis depending on the regulated contaminants present
in the discharge or contaminated area.
(c) The frequency and location of water quality
monitoring shall be determined on a site-specific basis depending on the
hydrogeologic and contaminant characteristics of the site, predicted rates of
groundwater flow, and treatment methods employed.
(d) Analyses shall be performed by a laboratory
certified by the U.S. Environmental Protection Agency (US EPA) or the
department pursuant to Env-C 300.
(e) Sampling shall be performed in accordance
with the following references, available as noted in Appendix B, as applicable:
(1) “Practical
Guide for Ground-Water Sampling,” document identification number
EPA/600/2-85/104, US EPA, dated September 1985;
(2) “RCRA
Ground-Water Monitoring: Draft Technical Guidance,” document identification
number PB87107751, US EPA, dated November 1992;
(3) “Standards
Related to Environmental Sampling”, 5th Edition, document
identification number ASTM SAMP14, dated 2014 (ASTM SAMP14);
(4) “Compendium
of Methods for the Determination of Toxic Organic Compounds in Ambient Air,
Second Edition” document identification number EPA/625/R-96/010b, US EPA, dated
January 1999;
(5) “SW 846
Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, US EPA,
dated February 2007; and
(6) “Standard
Guide for Sampling Waste and Soils for Volatile Organic Compounds” document
identification number ASTM D 4547-2009, dated 2009.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
610.03 Reporting.
(a) The responsible party shall submit the
results of all required sampling and analysis, including quality assurance and
quality control results, to the department no later than 45 days after the
sampling date, except as provided for in (b) and (c), below.
(b) Within 5 business days after receiving
results, the responsible party shall submit all water supply well results that
show a violation of the AGQS in writing to the department and the owner of the
property on which the water supply well is located.
(c) Within 5 business days after receiving
results, the responsible party shall submit all indoor air quality results that
indicate a significant risk to human health in writing to the department and
the owner of the property.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
610.04 Groundwater Monitoring Wells.
(a) Each monitoring well shall be designed,
installed, developed, maintained, and decommissioned in accordance with We
100-1000 and the practices described in:
(1) “Standards
on Environmental Site Characterization” Fourth Edition, document identification
number ASTM SITECD10, dated 2010, available as noted in Appendix B; and
(2) ASTM ENVSAMP14,
available as noted in Appendix B.
(b) Each monitoring well shall be:
(1)
Constructed, maintained, and decommissioned only by a New Hampshire-licensed
water well contractor holding a valid technical drillers license under RSA
482-B;
(2) Developed
prior to sampling; and
(3) Allowed to
equilibrate a minimum of 2 weeks following installation prior to sampling.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
611.01 Requirements for Managing
Contaminated Soils.
(a) The responsible party shall manage
contaminated soils in a manner that protects human health and the environment.
(b) The responsible party shall manage
contaminated soils in accordance with applicable local, state and federal
requirements including but not limited to:
(1) RSA 147-A
and rules adopted pursuant thereto, relative to management of hazardous waste;
(2) RSA 149-M
and rules adopted pursuant thereto, relative to management of solid waste;
(3) RSA 485,
RSA 485-A, and RSA 485-C and rules adopted pursuant thereto, relative to
protection of groundwater; and
(4) RSA 482-A
and rules adopted pursuant thereto, relative to the protection of wetlands.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or 611.02 Definitions.
(a)
“Non-hazardous oil-contaminated soil (NOCS)” means soil that:
(1) Is contaminated
with oil;
(2) Is not a
hazardous waste as defined in RSA 147-B:2, VII; and
(3) Is
certified in accordance with Env-Or 611.03.
(b)
“Non-hazardous contaminated soil (NCS)” means soil that:
(1) Contains a
regulated contaminant;
(2) Is not a
hazardous waste as defined in RSA 147-B:2, VII; and
(3) Cannot be
certified as NOCS pursuant to Env-Or 611.03.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
611.03 Non-hazardous Oil-Contaminated
Soil (NOCS) Certification.
(a) Contaminated soils associated with a discharge
of oil shall be evaluated as described in this section to determine if the
soils can be certified as NOCS.
(b) The responsible party shall complete a summary
of site ownership history and history of use at the site.
(c) The responsible party shall retain an
environmental consultant or environmental contractor to observe the site and
the soil and review the summary of site ownership history and history of use
provided by the responsible party pursuant to (b), above.
(d) The soil shall be certified as NOCS by the
responsible party’s environmental consultant or environmental contractor if:
(1) The contaminated
soils are derived from an oil discharge from a household or from underground
storage facilities regulated under RSA 146-C; and
(2) A history
of site ownership and operation based on documented land use in accordance with
ASTM E 1527 reveals no known activity that might have caused the soil to become
contaminated with a hazardous waste as defined in RSA 147-B:2, VII.
(e) If contaminated soils are not generated from
households or from underground storage facilities regulated under RSA 146-C, or
a history of site ownership and operation based on documented land use in
accordance with ASTM E 1527 reveals some activity
that might have caused the soil to become contaminated with a hazardous waste
as defined in RSA 147-B:2, VII, the responsible party shall conduct a hazardous
waste determination in accordance with Env-Hw 100 et seq.
(f) The contaminated soil sampled pursuant to
(e), above, shall be certified as NOCS by the responsible party’s environmental
consultant or environmental contractor only if the testing indicates the soil
is not a hazardous waste as defined in RSA 147-B:2, VII.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
611.04 Contaminated Soil Sampling. NOCS or NCS destined for off-site treatment
or disposal shall be sampled and analyzed in accordance with the following
prior to transportation off-site:
(a) Subject to (c), below, for stockpiled
contaminated soils destined for off-site treatment or disposal, the responsible
party shall collect representative samples in
accordance with the following:
(1) At least one
composite sample shall be collected for every 200 tons destined for off-site
treatment or disposal up to 2,000 tons, plus at least one composite sample for
every 500 tons above the initial 2,000 tons;
(2) Each
composite sample shall consist of at least 8 discrete samples collected from
the stockpile; and
(3) Each discrete
sample shall be taken from newly exposed soil a minimum of 12 inches deep within
the stockpile and combined with the other required discrete samples to complete
each composite sample;
(b) Subject to (c), below, for in-situ
contaminated soils destined for off-site treatment or disposal, the responsible
party shall collect representative samples in accordance with the following:
(1) At least
one boring/test pit shall be completed for every 200 tons destined for off-site
treatment or disposal up to 2,000 tons, plus at least one boring/test pit for
every 500 tons above the initial 2,000 tons;
(2) The
borings/test pits required by (1), above, shall be completed on an
evenly-spaced grid pattern throughout the contaminated soil area;
(3) At least
one boring/test pit shall be located in the most contaminated soil area;
(4) At least
one soil sample shall be collected from the contaminated zone of each
boring/test pit required by (1) through (3), above;
(c) If the quantity of NOCS is less than 50 tons,
sampling and analysis shall not be required except as required by the receiving
facility; and
(d) Representative soil samples collected in
accordance with (a) or (b), above, shall be analyzed for the chemicals of potential concern as identified
through a history of site ownership and operation based on documented land use
in accordance with ASTM E 1527 and previous sampling, and in accordance with
the receiving facility’s requirements.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
611.05 Contaminated Soil Storage.
(a) NOCS or NCS exceeding the soil remediation
standards in Table 600-2 awaiting off-site disposal may be temporarily stored
at the site of origin for a period not to exceed 4 months.
(b) NOCS or NCS shall be stored in a manner that
prevents the soil from coming in contact with the ground, precipitation, and
storm water run-off, for example on and covered with an impermeable material that
is chemically compatible with the contamination.
(c) The contaminated soil pile shall only be
uncovered when contaminated soil is being added to or removed from the pile.
(d) Public access to the contaminated soil pile
storage area shall be restricted.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
611.06 Contaminated Soil Disposal and
Reuse.
(a) Except as provided for by (b) and (c) below,
all NOCS or NCS that exceed the soil remediation standards in Table 600-2 shall
be either:
(1) Managed
on-site in accordance with a remedial action approved by the department
pursuant to Env-Or 606.03; or
(2) Removed
from the site to an authorized treatment or disposal facility holding all
requisite federal, state, or local permits, licenses, or approvals.
(b) NOCS or NCS that exceeds the soil remediation
standards listed in Table 600-2 but meets site-specific standards developed in
accordance with Env-Or 606.19 may be managed on the site.
(c) NOCS or NCS that exceeds the soil remediation
standards listed in Table 600-2 but is managed in accordance with a
department-approved AUR implemented in accordance with Env-Or 608 may be
managed on the site.
(d) NOCS or NCS that meets the soil remediation
standards listed in Table 600-2 may be left in place or reused on site, or
removed from the site to an authorized treatment or disposal facility holding
all requisite federal, state, or local permits, licenses, or approvals.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
611.07 Hazardous Waste Contaminated
Soil Storage, Treatment, and Disposal.
Soils characterized as a hazardous waste shall be stored, treated, and
disposed of in accordance with RSA 147-A and Env-Hw 100 et seq.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
PART Env-Or 612
WAIVERS
Env-Or 612.01 Purpose. The purpose of the rules in this part is to
establish procedures and criteria for requesting a waiver from one or more
requirements established in Env-Or 600.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15
Env-Or
612.02 Definition. For purposes of this part, the following
definition shall apply:
(a)
“Site remediation program” means the program implemented by the
department to ensure and oversee the investigation, management, and remediation
of sites contaminated by regulated contaminants in order to facilitate the
efficient remediation of such sites.
Source. #10831, eff 6-1-15
Env-Or
612.03 Initiating a Waiver Request.
(a) Any owner or responsible party (RP) who
wishes to request a waiver of one or more specific requirements established in
this chapter shall submit the information specified in Env-Or 612.03 in writing
to the department.
(b) If the person who is requesting the waiver is
not the owner of the property, the requestor shall:
(1) Seek the
concurrence of the site owner in advance of submitting the request to the
department; and
(2) State in
the request submitted to the department whether the site owner concurs with the
request.
(c) If there is more than one RP and all of the
RPs are not joining in the waiver request, the requestor shall:
(1) Seek the
concurrence of each non-participating RP in advance of submitting the request
to the department; and
(2) For each
non-participating RP, state in the request submitted to the department whether
the RP concurs with the request.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15 (from Env-Or 612.02)
Env-Or 612.04 Information Required for Waiver Request. A request for a waiver shall include the following
information:
(a) A description of the site to which the waiver
request relates, including name, address, and department site number;
(b) The name, mailing address, daytime telephone
number, and email address, if any, of the requestor and whether the requestor
is the site owner or an RP;
(c) The name, mailing address, daytime telephone
number and email address, if any, of the site owner, if other than the
requestor, and of each other RP, if any;
(d) Identification of the rule for which a waiver
is being sought;
(e) A full explanation of why a waiver is being
requested, including an explanation of the economic and operational
consequences of complying with the rule as written;
(f) A full explanation of the alternative(s)
proposed to be implemented in lieu of complying with the rule(s) for which a
waiver is sought, if any, with backup data for support;
(g) A statement of whether the requested waiver
can be of limited duration; and
(h) A full explanation of how granting the
requested waiver would meet the criteria specified in Env-Or 612.07(b).
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15 (from Env-Or 612.03)
Env-Or 612.05 Signatures Required for Waiver Request.
(a) The person(s) requesting the waiver shall
authorize an individual to sign and date the request.
(b)
The authorized individual shall sign and date the request and print or
type his or her name and title by the signature.
(c)
The signature shall constitute certification that:
(1) The information provided is
true, complete, and not misleading to the knowledge and belief of the signer;
and
(2) The signer understands
that:
a. The submission of false, incomplete, or
misleading information is grounds for denying the waiver request or revoking any waiver that is granted based on the information; and
b. He or she is subject to the penalties specified in
Source. #10831, eff 6-1-15
Env-Or 612.06 Submittals by Non-Concurring Persons.
(a)
If the site owner is not the requestor and does not concur with the
request, the site owner may submit information in writing to the department as
to why the requested waiver should not be granted.
(b)
If there is more than one RP and one or more RPs do not concur with the
request, the non-concurring RPs may submit information in writing to the
department as to why the requested waiver should not be granted.
(c)
Any information submitted pursuant to (a) or (b), above, shall be filed
within 20 days of the date the waiver request was filed, provided that if the
20th day falls on a Saturday, Sunday, or state legal holiday the
deadline shall be the first business day thereafter.
Source. #10831, eff 6-1-15
Env-Or 612.07 Department Action on Waiver Request.
(a)
The department shall review each waiver request and any information
submitted pursuant to Env-Or 612.06 that relates to the request.
(b) The department shall grant a waiver if it
determines that:
(1) The
requirement to be waived is not established by statute, unless the statute that
establishes the requirement expressly authorizes the department to grant
waivers of the requirement;
(2) Granting a
waiver will not result in any adverse effect on human health or the
environment; and
(3) Granting a
waiver is consistent with the purpose of the site remediation program.
(c) The department shall include such conditions,
including time limitations, as are necessary to ensure that the activities
conducted pursuant to the waiver will meet the criteria specified in (b),
above.
(d) The department shall issue a written response
to a request for a waiver within 60 days of receipt of the request. If the request is denied, the written
response shall specify the reason(s) for the denial. If information was submitted by a
non-concurring owner or RP pursuant to Env-Or 612.05 and a waiver is granted,
the written response shall explain why the objections did not warrant denying a
waiver.
Source. (See Revision Note at chapter heading for
Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15 (from Env-Or 612.03)
PART Env-Or 613 FEES FOR EXPEDITED REVIEW OF ENVIRONMENTAL
SITE ASSESSMENT REPORTS
Env-Or
613.01 Determination of Property
Valuation and Fees.
(a) The department shall determine the equalized
assessed valuation of the property for which an expedited review of the
environmental site assessment report is sought by dividing the assessed value
of the property as determined by the municipality by the municipality’s most
recent equalization ratio.
(b) As specified in RSA 485:3-b, I, the fee shall
be determined based on the equalized assessed valuation as shown in Table
600-3:
Table 600-3: Expedited
Review Fee Based on Equalized Assessed Valuation
Equalized
Assessed Valuation |
Fee |
$0 to
$250,000 |
$1,800 |
$250,001 to
$500,000 |
$2,250 |
$500,001 to
$1,000,000 |
$3,750 |
greater than
$1,000,000 |
$7,500 |
Source. #9213, eff 7-23-08; ss by #10831, eff 6-1-15
Appendix
A: State Statutes Implemented
Rule
Section(s) |
State
Statute Implemented |
Env-Or 600 (see below for additional statutes) |
RSA 146-A:3-a; RSA 146-C:11; RSA 147-A:9; RSA
147-F:11-13 & 15; RSA 485-C:1, 6, 6-a, & 6-b |
Env-Or 601 |
RSA 146-A:11-c; RSA
146-C:9; RSA 147-A:3; RSA 147-F:18; RSA 485-C:4 |
Env-Or 602 |
RSA 146-A:11-c; RSA 146-C:9; RSA 147-A:3; RSA
147-F:18; RSA 485-C:4 |
Env-Or 603 |
RSA 485-C:4, III |
Env-Or 603.03(b) and (c)
intro & Table 600-1 |
RSA 485:16-e; RSA 485-C:4, III;
RSA 485-C:6, V & VI |
Env-Or 603.03(c) intro & Table 600-1 |
RSA 485-C:6, I |
Env-Or 604.01 - 604.03 |
RSA 485-C:4, IX; RSA 485-C:14-b |
Env-Or 604.04 |
RSA 147-A:11 |
Env-Or 604.05 - 604.08 |
RSA 146-A:5; RSA 146-C:11, I-a |
Env-Or 605.01 |
RSA 146-A:11-C, V-a, RSA 146-C:9-X; RSA 146-C:9-XI; RSA 147-A:3-VII; RSA 485-C:4. VIII |
Env-Or 605.02 |
RSA 147-A:3 |
Env-Or 605.03 |
RSA 146-A:11-C, V-a; RSA 146-C:9-X; RSA 146-C:9-XI |
Env-Or 605.04 - 605.09 |
RSA 146-A:11-C, V-a; RSA 146-C:9-X; RSA 146-C:9-XI, RSA 147-A:3-VII; RSA 485-C:4. VIII |
Env-Or 605.10 |
RSA 146-A:11-C, V-a, RSA 146-C:9-X; RSA 146-C:9-XI |
Env-Or 606 (see also specific sections listed below) |
RSA 146-A:11-C, V-a, RSA 146-C:9-X, RSA 147-A:3-IV RSA 485-C:4; VIII; RSA 147-F:11 |
Env-Or 606.10 - 606.21 |
RSA 147-F:12, RSA 147-F:13 |
Env-Or 606.15(a) and (b)
intro. |
RSA 146-A:11-C, V-a; RSA
146-C:9, X; RSA 147-A:3, IV; RSA 485-C:4, VIII; RSA
147-F:11; RSA 147-F:12; RSA 147-F:13 |
Env-Or 606.19(b) |
RSA 146-A:11-C, V-a; RSA
146-C:9, X; RSA 147-A:3, IV; RSA 485-C:4, VIII; RSA
147-F:11; RSA 147-F:12; RSA 147-F:13 |
Env-Or 607.01 - 607.04 |
RSA 485-C:4, VIII; RSA 485-C:4, X; RSA 485-C:4, XI |
Env-Or 607.02(b) |
RSA 485-C:4, VIII; RSA
485-C:4, X; RSA 485-C:4, XI |
Env-Or 607.03 |
RSA 485-C:4, VIII; RSA
485-C:4, X; RSA 485-C:4, XI |
Env-Or 607.05 |
RSA 485-C:4, VIII; RSA 485-C:6-a |
Env-Or 607.06 & 607.07 |
RSA 485-C:4, VIII; RSA 485-C:4, X; RSA 485-C:4, XI |
Env-Or 607.08 |
RSA 485-C:4, IX |
Env-Or 607.09 |
RSA 485-C:6-b |
Env-Or 607.10 - 607.12 |
RSA 485-C:4, VIII |
Env-Or 608 |
RSA 146-A:11-C, V-a; RSA 146-C:9-X; RSA 147-A:3-IV; RSA 147-F:15 |
Env-Or 609 |
RSA 146-A:11-C, V-a; RSA 146-C:9-X; RSA 147-A:3-IV; RSA 485-C:4. VIII; RSA 147-F:11; RSA 147-F:13 |
Env-Or 610 |
RSA 146-A:11-C, V-a; RSA 146-C:9-X; RSA 147-A:3-IV; RSA 485-C:4, VIII; RSA 147-F:11; RSA 147-F:13 |
Env-Or 611 |
RSA 146-A:11-C,V-a; RSA 146-C:9-X; RSA 147-A:3-IV; RSA 147-F:11 |
Env-Or 612 |
RSA 541-A:22, IV |
Env-Or 613 |
RSA 485:3-b, I |
Appendix
B: Incorporated References
Rule (Env-Or) |
Reference |
Obtain At: |
|
|
ASTM International West 1-877-909-2786 ( |
606.04(d) 611.03(d)(2) 611.03(e) 611.04(d) |
Standard Practice for Environmental Site
Assessments: Phase 1 Environmental Site Assessment Process (ASTM E 1527-13),
2013 |
PDF $69 |
606.13(e) 606.19(c) 606.19(d)(2)&(3) |
Standard Guide for Risk Based Corrective Action
(ASTM E 2081-00(2010)e1) |
PDF $80;Hardcopy $80 + S/H |
606.19(c) 606.19(d)(2)&(3) |
Standard Guide for Risk Based Corrective Action at
Petroleum Release Sites (ASTM E 1739-95(2010)e1) |
PDF $69 |
610.02(e)(3) 610.04(a)(2) |
Standards Related to Environmental Sampling”, 5th
Edition, (ASTM SAMP14) 2014 |
Online $199 |
610.02(e)(6) |
Standard Guide for Sampling Waste and Soils for
Volatile Organic Compounds (ASTM D4547-09) -- 2009 |
PDF $49 |
610.04(a)(1) |
Standards on Environmental Site Characterization,
Fourth Edition (SITECD-10) -- 2010 |
Online $289 |
|
|
Environmental Protection Agency (202) 272-0167 |
610.02(e)(1) |
Practical Guide for Ground-Water Sampling, document
identification number EPA/600/2-85/104, September 1985 |
No cost to download from: |
610.02(e)(2) |
RCRA Ground-Water Monitoring: Draft Technical
Guidance, document identification number PB87107751, November 1992 |
No cost to download from: http://www.epa.gov/epawaste/hazard/correctiveaction/resources/guidance/sitechar/gwmonitr/rcra_gw.pdf |
610.02(e)(4) |
Compendium of Methods for the Determination of Toxic
Organic Compounds in Ambient Air, Second Edition, document identification number
EPA/625/R-96/010b |
No cost to download from: http://www.epa.gov/ttnamti1/files/ambient/airtox/tocomp99.pdf |
610.02(e)(5) |
SW 846 Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods, February 2007 |
No cost to download from: http://www.epa.gov/epawaste/hazard/testmethods/sw846/online/index.htm |
Appendix
C: Statutory Definitions
RSA 310-A:2:
V. “Engineer of record”
means a professional engineer who seals drawings, reports, or documents for a
project. The seal shall acknowledge that
the professional engineer prepared, coordinated, or had subordinates prepare
under the direct supervision of the professional engineer, drawings, reports,
or documents for a project. The engineer
of record shall not be responsible for engineering work performed and sealed by
other professional engineers, including independent consulting engineers who
work under the coordination of the engineer of record.
RSA 485-C:2:
VIII. “Groundwater” means subsurface water that occurs
beneath the water table in soils and geologic formations.
XIII. “Regulated contaminant” means any physical, chemical,
biological, radiological substance or other matter, other than naturally
occurring substances at naturally occurring levels, in water which adversely
affects human health or the environment.
RSA 146-A:2:
VI-b.
“Surface water” means perennial and seasonal streams, lakes, ponds, and tidal
waters within the jurisdiction of the state, including all streams, lakes, or
ponds bordering on the state, marshes, watercourses, and other bodies of water,
natural or artificial;