SECTION 165:29-3-78. Free product removal

  At sites where an investigation indicates the presence of free product, the owner or operator must notify the PSTD within twenty-four (24) hours that free product is located on site. The owner or operator must, as required by the PSTD as a result of the ORBCA tiered process, remove free product to the extent required by the PSTD while continuing, as necessary, any other actions required by this Subchapter. To meet the requirements of this Section, the owner or operator must, unless otherwise directed by the PSTD:

(1)   Conduct free product removal in a manner that minimizes the spread of contamination into previously uncontaminated zones by using recovery and disposal techniques appropriate to the hydrogeologic conditions at the site, and that properly treats, discharges, or disposes of recovery byproducts in compliance with applicable state and federal regulations;

(2)   Use abatement of free product migration as a minimum objective for the design of the free product removal system;

(3)   Handle any flammable products in a safe and competent manner to prevent fires or explosions; and

(4)   In the event free product is encountered in a utility trench, the owner or operator must advise the appropriate utility company and the PSTD of the presence of free product within twenty-four (24) hours of discovery.

(5)   Using the format specified by the PSTD, prepare and submit to the PSTD within forty-five (45) days after discovering free product, continuing thereafter at intervals specified by the PSTD, a Free Product Removal Report that provides at least the following information:

(A)   The name of the person(s) responsible for implementing the free product removal measures.

(B)   The estimated quantity, type, and thickness of free product observed or measured in wells, boreholes, and excavations.

(C)   The depth to free product and to groundwater in each monitor well.

(D)   The type of free product recovery system used.

(E)   Whether any discharge will take place on-site or off-site during the recovery operation and where this discharge will be located.

(F)   The type of treatment applied to and the effluent quality expected from any discharge.

(G)   The steps that have been or are being taken to obtain necessary permits for any discharge.

(H)   The disposition of the recovered free product and PSTD Disposal/Recycler Report.

(I)   Any permits required by federal, state, or local agencies.

(J)   The screened interval for each monitor well.

[Source: Added at 17 Ok Reg 2317, eff 6-26-00; Amended at 18 Ok Reg 1085, eff 5-11-01; Amended at 22 Ok Reg 1785, eff 7-1-05; Amended at 35 Ok Reg 1033, eff 10-1-18]