Section 329IAC9-5-4.2. Free product removal

  2. At sites where investigations indicate the presence of free product, the owner and operator shall remove free product to the maximum extent practicable as determined by the commissioner based on free product removal technology and site conditions while continuing, as necessary, any actions initiated under sections 2, 3.2, and 5.1 of this rule, or preparation for actions required under sections 6 and 7 of this rule. In meeting the requirements of this section, the owner and operator shall do the following:

(1) Conduct free product removal in a manner that:

(A) minimizes the spread of the contaminant into previously uncontaminated zones by using recovery and disposal techniques appropriate to the hydrogeologic conditions at the site; and

(B) properly treats, discharges, or disposes of recovery products and byproducts in compliance with applicable local, 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 manner so as to prevent fires or explosions in accordance with the site health and safety plan as required by section 7(e) of this rule.

(4) Unless directed to do otherwise by the commissioner, prepare and submit to the agency, within forty-five (45) days after confirming a release, a free product removal report that provides at least the following information:

(A) The name of the person responsible for directing 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 type of free product recovery system used.

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

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

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

(G) The disposition of the recovered free product.

(Solid Waste Management Division; 329 IAC 9-5-4.2; filed Aug 30, 2004, 9:35 a.m.: 28 IR 160)