&EPA
United States
Environmental Protection
Agency
Industrial Environmental Research EPA-600/7-80-016
Laboratory January 1980
Cincinnati OH 45268
Research and Development
Oil Spill Debris
Where to Put the Waste
Interagency
Energy/Environment
R&D Program
Report
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RESEARCH REPORTING SERIES
Research reports of the Office of Research and Development, U.S. Environmental
Protection Agency, have been grouped into nine series. These nine broad cate-
gories were established to facilitate further development and application of en-
vironmental technology. Elimination of traditional grouping was consciously
planned to foster technology transfer and a maximum interface in related fields.
The nine series are:
1. Environmental Health Effects Research
2. Environmental Protection Technology
3. Ecological Research
4. Environmental Monitoring
5. Socioeconomic Environmental Studies
6. Scientific and Technical Assessment Reports {STAR)
7. Interagency Energy-Environment Research and Development
8. "Special" Reports
9. Miscellaneous Reports
This report has been assigned to the INTERAGENCY ENERGY-ENVIRONMENT
RESEARCH AND DEVELOPMENT series. Reports in this series result from the
effort funded under the 17-agency Federal Energy/Environment Research and
Development Program. These studies relate to EPA's mission to protect the public
health and welfare from adverse effects of pollutants associated with energy sys-
tems. The goal of the Program is to assure the rapid development of domestic
energy supplies in an environmentally-compatible manner by providing the nec-
essary environmental data and control technology. Investigations include analy-
ses of the transport of energy-related pollutants and their health and ecological
effects; assessments of, and development of, control technologies for energy
systems; and integrated assessments of a wide range of energy-related environ-
mental issues.
This document is available to the public through the National Technical Informa-
tion Service, Springfield, Virginia 22161.
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EPA-600/7-80-016
January 1980
OIL SPILL DEBRIS: WHERE TO PUT THE WASTE
A Digest of a Workshop On
Oil Spill Debris Disposal
held at Boston, MA
February 22, 1978
Co-sponsored by the Oil and Hazardous Materials Spills Branch
U.S. Environmental Protection Agency
and the New England River Basins Commission
Edited by
John S. Farlow
U.S. Environmental Protection Agency
Edison, New Jersey 08817
Russell Wilder
U.S. Environmental Protection Agency
Boston, Massachusetts 02203
and
Cornelia Potter
New England River Basins Commission
Boston, Massachusetts 02109
Project Officer
John S. Farlow
Oil & Hazardous Materials Spills Branch
Industrial Environmental Research Laboratory
Edison, New Jersey 08817
INDUSTRIAL ENVIRONMENTAL RESEARCH LABORATORY
OFFICE OF RESEARCH AND DEVELOPMENT
U.S. ENVIRONMENTAL PROTECTION AGENCY
CINCINNATI, OHIO 45268
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DISCLAIMER
This report has been reviewed by the Industrial Environmental Research
Laboratory, U.S. Environmental Protection Agency, and approved for publica-
tion. Mention of trade names or commercial products does not constitute
endorsement or recommendation for use.
ii
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FOREWORD
When energy and material resources are extracted, processed, con-
verted, and used, the related pollutional impacts on our environment and
even on our health often require that new and increasingly more efficient
pollution control methods be used. The Industrial Environmental Research
Laboratory - Cincinnati (lERL-Ci) assists in developing and demonstrating
new and improved methodologies that will meet these needs both efficiently
and economically.
This is a report of a workshop where the difficult problem of disposing
of oil spill debris was considered by a group of Federal, State, and local
officials and private concerns in the northeastern United States. This
report will be of interest to all those interested in cleaning up oil spills
in inland and coastal waters. Further information may be obtained through
the Resource Extraction and Handling Division, Oil and Hazardous Materials
Spills Branch, Edison, New Jersey.
David G. Stephan
Director
Industrial Environmental Research Laboratory
Cincinnati
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PREFACE
The many recent groundings or sinkings of coastal barges and tankers
and the ensuing oil spills along the Northeast coast have focused a good
deal of attention on spill cleanup.
The New England/New York Coastal Zone Task Force, whose members
come from the coastal zone management offices of the five New England
coastal states and the state of New York established an Oil Spill Con-
tingency Planning Subcommittee to examine what might be done on a
regional basis to respond to oil spills.
The Subcommittee's chief finding was that state and local officials
responsible for oil spill cleanup needed more accurate information about
cleanup and disposal methods. To fill that need, the task force requested
its Regional OCS Technical Service to develop a strategy for acquiring
and disseminating such information. EPA's Industrial Environmental
Research Laboratory, Edison, New Jersey, was asked to conduct workshops
on oil spill debris disposal options for state and local officials and
environmental agencies. EPA agreed, and the first workshop was convened
February 22, 1978, in Boston, Massachusetts.
The workshop brought together representatives of state and federal
agencies, commercial clean-up contractors, the oil industry, and state
and municipal officials to exchange views about oil spill debris disposal
problem and to seek practical solutions.
John S. Farlow
Industrial Environmental Research Laboratory
Environmental Protection Agency
Russell J. Wilder
Regional OCS Technical Service
Coastal Zone Task Force
New England River Basins Commission
Cornelia V.H. Potter
Coastal Zone Liaison
Coastal Zone Task Force
New England River Basins Commission
IV
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ABSTRACT
This report is a digest of a workshop, held February 22, 1978, in
Boston, Massachusetts, on disposal of oil spill debris. The workshop
was co-sponsored by EPA and the New England/New York Coastal Zone Task
Force, organized under the New England River Basins Commission.
Representatives of five New England states and New York agreed that
oil spill cleanup and disposal of debris is a major regional problem which
must be addressed by identifying disposal sites in advance of major oil
spills.
The workshop provided a forum for discussion of state oil spill
clean up and disposal and EPA's policies and plans for regulating clean-up
operations.
A representative from each of the six states reviewed existing laws
and regulations governing oil-debris stockpiling, transportation to
disposal sites, and the relation between state and local ordinances on
liability for disposal costs. Ultimate responsibility for oily debris
transportation and disposal varies from state-to-state, and this in turn
affects approaches to identifying acceptable disposal sites.
In the past, clean-up contractors sought disposal sites immediately
after a spill; an approach which, according to the state representatives,
is not effective. Clean-up contractors who are unfamiliar with the
area, often encounter local opposition to oily waste disposal. The states
should identify those sites in advance and negotiate for their use as
oil debris disposal sites.
EPA representatives pointed out that sound technology for land
disposal of oily wastes does exist, John Farlow, of EPA's Industrial
Environmental Research Laboratory in Edison, New Jersey, highlighted
the recommendations of a recent study by EPA, Oil Spill Decision for
Debris Disposal;
1. Reclaim as much oil from the waste as possible.
2. Burn the material, where air pollution standards permit; or
3. Land small particles, such as sand, hay, or small rocks
or pebbles; or
4. Deposit other debris in a sanitary landfill or a burial pit.
Fine-grained soils, (e.g., clay) hold the oil more effectively
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than do coarser sand and gravel. The ground water must be
monitored closely.
EPA is preparing regulations for the handling of hazardous materials
under the authority of the Resource Conservation and Recovery Act.
According to the proposed regulations, the determination of whether oily
debris from a spill is considered hazardous is made on the basis of how
such debris conforms to certain criteria, such as corrosiveness, flatn-
mability, and toxicity, among others. The EPA is scheduled to set
standards for hazardous debris treatment, transportation, disposal,
storage and site selection.
VI
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CONTENTS
Foreword iii
Preface iv
Abstract v
1. Introduction 1
2. Summaries of State Approaches to Oil Spill Debris Disposal . . 2
Maine 2
New Hampshire 3
Vermont 3
Massachusetts 5
Rhode Island 6
New York 7
3. Federal Regulations Regarding Oil Spill Debris Disposal .... 10
Environmental Protection Agency 10
Federal Highway Administration 12
4. Technical Aspects of Oily Debris Disposal 13
Overview 13
Research on Impoundment Materials for Stockpiling of
Oily Debris 15
Oil Spill Cleanup Debris Disposal 18
Introduction 19
Oil Spill Debris Disposal Recommendations 20
Disposal Methods 22
Monitoring 23
Final Remarks 24
Summary 24
Land Cultivation of Oily Debris in Northern Vermont 34
Appendices
A. Summary: Oil Spill Debris Disposal Recommendations ... 37
B. State Legislative Analyses 39
Maine 40
New Hampshire 43
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Vermont 46
Massachusetts 50
Rhode Island 54
New York 55
New Jersey 58
C. Attendees 87
Vlll
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SECTION 1
INTRODUCTION
ENVIRONMENTAL PROTECTION AGENCY
William R. Adams, Administrator, Region I
New England probably imports more oil than any other region in the
United States. Oil is being brought in by tanks and transferred to land
on a continual basis. That amount of activity, together with the always-
present probability for human error, makes spills — despite technological
advances — inevitable.
These spills have been happening with a frequency and a severity that
demand attention. In the past few weeks alone, serious spills have occur-
red in Portland Harbor, in Maine; in Portsmouth, New Hampshire; in Salem
Harbor in Massachusetts; and in Mount Hope Bay in Rhode island. (Another
spill occurred in Long Island Sound between Connecticut and New York.)
The Coast Guard and the Environmental Protection Agency are responsible
for cleaning up a spill, under authority of the Clean Water Act. Their
experience has shown that the most difficult aspect of clean up is where
to put the oily waste.
A good example is the Tamano spill in Castle Bay, in Portland, Maine.
Debris disposal became an emotional issue, with the media criticizing the
effectiveness of state and federal efforts. In fact, the Coast Guard,
the state, and the Texaco Company were all seeking a suitable disposal
site. One was found, with the owner and town manager in favor of its use
for disposal. But as soon as the townspeople heard about it, they opposed
the proposal and the town manager reversed his position. Eventually, the
material was burned. Even after that, there had been some concern that
the material had been the cause of the contamination of groundwater supplies
in Gray, Maine. It was later confirmed that the source of contamination
was not the Tamano wastes.
All of this demonstrates what a difficult and complex problem oily
waste disposal is. This workshop provides the Opportunity to hear what
other states have done, what has worked and what not, and what the roles
of the different levels of government and the private sector should be.
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SECTION 2
SUMMARIES OF STATE APPROACHES TO OIL SPILL DEBRIS DISPOSAL
MAINE
Marc Guerin
Director, Division of Oil Conveyance Services
Department of Environmental Protection
Through the enactment of the Coastal Conveyance Act of 1970, the State
has established an agressive program to deal with oil spill cleanup.
Maine recognizes that a major problem is the proper designation of suitable
disposal sites for unsalvagable oily debris. For the past three years,
the State of Maine has been collecting detailed statistics on the oil spill
problem. These statistics show that there were over nine hundred spills
during the period from almost every area of the state without regard to
population or season.
Maine's response efforts have resulted in recovery of 83 percent of
all oil spilled. However, not all of this oil is recovered in a reusable
form. Most of the non-liquid materials recovered are non-combustibles.
Therefore, in the absence of pre-designated stockpile sites, the majority
of the material has been placed in existing sanitary landfills that may
or may not be suitable to receive such waste. Because of the need to
provide for proper disposal of debris from spill cleanup, Maine is now
in the process of obtaining proper stockpiling sites and is conducting a
feasibility study on locating a permanent site. The money to conduct these
studies comes from the license fee applied to each barrel of oil trans-
ferred from a marine vessel to a shoreside terminal in Maine. This has
created a fund that, in 1977, was allowed to increase by the Legislature
to $6 million. Of this money, the Department of Environmental Protection
is authorized by the legislature to use $100,000 annually for research
into the causes and effects of oil pollution and to help find solutions
to the problems.
The requirements of Maine's site selection law have made the establish-
ment of a private disposal site unattractive financially, so state officials
believe they must act to fill the void.
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NEW HAMPSHIRE
Thomas L. Sweeney, Chief
Bureau of Solid Waste
Department of Health and Welfare
New Hampshire's biggest problem in disposing of oil debris is finding
a proper site. Material from two substantial spills is not well disposed
of at this point according to Mr. Sweeney. Most of the time the Bureau
of Solid Waste is not contacted until after a spill has occurred, and is
then asked to provide a site for disposal. Because of the variable
characteristics of the debris and because sites are not pre-designated for
classes of materials, the Bureau has a difficult task in trying to find
a suitable site on short notice. At present, there are no state designated
disposal sites, and each oil spill is handled on a case-by-case basis.
The state does not have the authority to approve a disposal site
for oily debris, nor does it have the fund or staff to identify these
sites. It is the responsibility of the clean-up contractor to find a
site when the spill occurs. Then he must ask the state for approval.
Because the state usually has no alternative sites to choose from, it
is difficult to refuse the contractor's site in the crisis atmosphere
surrounding the spill. Recently, the state has been making an effort
to identify, at least in a general way, sites that may be suitable for
oily debris disposal.
It was pointed out that because clean-up contractors come from some
distance to work on the spill, they are usually not familiar with the
local area, making identification of suitable disposal sites difficult.
Most towns want the oil cleaned up from their shorelines and waterways,
but they do not want the debris disposed of in their town. They are
even less anxious to accept debris from another town.
The current policy in the State of New Hampshire is that the oil
spill clean-up contractors are in business to clean up and dispose of
debris from oil spills. It is not the state's responsibility to help
them run their business by providing and maintaining disposal sites.
However, Mr. Sweeney did agree that it would be desirable for the state
to get the funds to establish pre-approved sites for disposal, although
the state may not actually acquire these sites.
VERMONT
John Malter
Department of Water Resources
Agency of Environmental Conservation
Vermont's policy relative to the disposal of oil saturated debris has
been to just collect any free oil for recycling. The remaining debris is
then sent to approved sanitary land fills for either mixing with municipal
refuse or direct burial in a lined pit. Currently, there are no incin-
erators in Vermont that have the capability to burn oil saturated debris.
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However, Vermont's Air and Solid Waste Division feels that if good mobile
incinerators were available (like the one currently being developed by EPA)
they could be approval for incineration of oily debris on a case-by-case
basis. The use of land farming for the disposal of degradable oil saturated
debris is currently being studied by the Water Resources Department for
possible widespread application throughout the state.
Stockpiling of oily debris for any extended length of time is dis-
couraged in Vermont. If material has to be stockpiled before disposal, it
is usually contained at the ultimate disposal site, not at the spill site.
The amount of time that material is kept in a stockpiled condition is
kept to a minimum.
Transportation of oily debris from a spill to the disposal site is
accomplished by the cleanup contractor under the supervision of the
Department of Water Resources. If the oily debris is classified as a
hazardous waste by the Environmental Protection Agency, it would be included
in the State's Hazardous Waste Manifest System which is in the process of
being developed.
The disposal of oil saturated debris is considered to be one of the
costs of an oil spill cleanup and is charged to the polluting party. The
charge is billed by the disposal site operator to include both the ultimate
disposal and the monitoring cost for this debris. After the debris has
been disposed of at the site, it becomes the responsibility of the operator
of the site to maintain whatever monitoring is deemed necessary by the
state.
All sanitary landfills within Vermont must be certified by the Secretary
of the Agency of Environmental Conservation. This certification (which
takes about six (6) months to complete) includes the following information:
the location of the site; proper operation and development of the site in
accordance with engineering plans that have been approved by their permit;
the projected amount and types of waste materials; and the type and number
of suitable pieces of equipment that will operate the landfill properly.
The operator must also develop ground and surface water monitoring through-
out the life of the site and for a reasonable time after the closing of
the site. The operator must also comply with any other conditions that
may be deemed necessary to preserve and protect the ground and surface
water quality within the vicinity of the disposal site.'
In Vermont there are approximately twenty-five privately operated
landfills within the state that have been checked by the solid waste
division and have been deemed acceptable for the disposal of some
quantities of oil-saturated debris. The sites are listed by drainage
basin within the state's oil and hazardous materials contingency plan
so that the most appropriate site to dispose of oily debris can be
identified quickly when a spill occurs.
The cost of the polluting party for disposal of oily debris varies
because the polluter must negotiate with the operator of the pre-approved
landfill site at the time of the spill. Operators generally charge a
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a higher price for the disposal of oily debris than municipal refuse because
of monitoring, special handling and other considerations.
MASSACHUSETTS
David Standley, Commissioner
Executive Office of Environmental Affairs
There is a continuing problem of availability of suitable disposal
methods for hazardous materials. Much more attention needs to be focused
on the problem of preventing or eliminating those losses and on the waste
generation processes themselves. Oil contaminated debris is one aspect
of the whole problem of residuals management.
Several oil spill incidents have focused public attention on the
problem, and led to an increased awareness by the general public of the
environmental and economic effects of oil and oil spills on recreation,
fishery, and wildlife resources.
Massachusetts has a number of programs underway. In 1966, the Division
of Water Pollution Control, now in the Departmentzof Environmental Quality
Engineering, adopted rules and regulations and established a program for
the control, enforcement and abatement of pollution into the waters of
the Commonwealth. More recently, the Secretary of Environmental Affairs
has established a Resource Conservation and Recovery Act Task Force,
co-chaired by the Commissioners of the Department of Environmental Manage-
ment and the Department of Environmental Quality Engineering. This group
is responsible for coordinating a state plan for the management and disposal
of hazardous waste.
The current work program calls for:
—the identification of types and quantities of special wastes a
disposal facility should be capable of receiving;
—a listing of criteria (economic, environmental, social, transportation,
and legal) for evaluating sites in terms of their suitability for use
as a hazardous and special waste disposal facility;
—the identification and preliminary evaluation of not more than 10
alternative sites in Massachusetts;
—the selection and detailed evaluation (including environmental
assessment) of two sites;
—recommendation and public hearings on one preferred site.
This process is now underway and is expected to take about a year.
In the meantime, the Commonwealth is using the RESCO incineration
facility in Saugus on a trial basis. Incineration, either directly or after
some further handling and segregation, seems to be working, although there
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are some problems associated with the onsite stockpiling, handling, and
rehandling of the debris. This method is obviously applicable to com-
bustible materials only, and will not work with large quantities of sand
or snow contaminated with oil.
In addition, the Department of Environmental Management is looking
for several potential sites which could be available in less than a year.
It is expected that no such site will be established except through state
action — state acquisition of the property, and state management either
directly or through contract to operate the facility.
Points which arose from the discussion included:
—coordination among state government agencies is an assignment
of the Water Resources Board, which also, In effect, comprises the
hazardous waste board. Contradictions in the present responsibilities
of different government agencies are, then, more apparent than real,
and there are at the present time, no plans to prepare clarifying
or streamlining legislation. The clean-up contractor or the local
municipal government, need deal only with the Department of Environ-
mental Quality Engineering which is responsible for disposal, regu-
lation, and control.
RHODE ISLAND
John Quinn
Division of Solid Waste Management
Department of Environmental Management
In Rhode Island, the regulatory responsibility for waste disposal is
shared by the Department of Environmental Management and the Department
of Health. There are a number of regulations which govern waste disposal.
Oil pollution control rules and regulations were developed by
the Department of Health, but are now the responsibility of the Department
of Environmental Management. The regulations deal principally with not
permitting the spilling of oil, how to prevent spills, and clean-up
requirements.
There are also minimum standards and regulations for industrial waste
disposal sites and waste oil disposal sites. These regulations are
administered by the Department of Health and enforced by the Department of
Environmental Management. The standards established by the regulations
are more stringent than those that govern general solid waste disposal
facilitie^, and are primarily for liquid waste disposal.
In Rhode Island, the principal disposal sites, or the largest land
disposal sites are operated by private contractors. Sanitary landfills or
solid waste management facilities must be licensed. There are only about
sixteen licenses, and engineering work required for obtaining a license
makes it expensive to come by. Furthermore, if the landfill accepts oily
wastes — which are defined as hazardous solid waste — there must be
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monitoring wells installed which have to be analyzed by an independent
laboratory at least every three months and these results must be submitted
to the DEM. In fact, for oil spill debris that is composed of more than
sand and oil or rock and oil, only two landfill sites could conceivably
accept the debris.
Furthermore, the regulations covering liquid waste disposal facilities
are so stringent, that testimony at a recent hearing on the regulations
indicated not only is there no site in Rhode Island that would be acceptable;
there is no site in New England that can meet the standards. Yet the regu-
lations require that after September 23, 1978, hazardous wastes may be
disposed of only in acceptable sites. Following the spill from the
"Pennant", a waste disposal site in Cranston was created and monitoring
wells installed. No problems have been reported in the four years moni-
toring has been conducted.
NEW YORK
Ron Maylath
Department of Environmental Conservation
In New York State there are about one thousand spills a year, of
which about 75 percent are oil. The total volume of oil spilled has
not varied much over the past seven or eight years, and most of the spills
are small. But one or two or three percent of the spills are catastrophic,
with 250,000 gallons or more spilled. The most costly of these
catastrophic spills occurred in 1976, with a barge grounding on the
St. Lawrence River. Some 340,000 gallons of Number 6 oil were spilled.
It cost $8.5 million from the federal revolving fund to clean up 88 miles
of shoreline, and approximately another $2 million to private owners.
Cleanups involved cooperation not only with federal and state officials,
but also with Canadian officials.
New York has had a number of disposal site problems, due to lack
of adequate laws in regulations for disposal of hazardous materials,
including oily waste.
Last year, however, new legislation was passed that will go into
effect April 1, giving dual responsibility for oil spill clean up to
the Department of Environmental Conservation and the Department of
Transportation. The bill also established a $25 million spill clean
up and compensation fund, to be financed through a license fee of one
cent per barrel of oil transported or transferred- into or within New
York State the first time, involving facilities with a capacity of more
than 400,000 gallons of petroleum.
The responsibilities of the Department of Environmental Conservation
include the following:
1. DEC will certify through the Department of Transportation that
the major facility has implemented or is in the process of
implementing spill and discharge preventation, cleanup, and
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disposal plans.
2. DEC will certify to the Department of Transportation that the
major facility can. provide necessary equipment and manpower to
prevent, contain, and remove discharged oil. The facility can
meet these requirements through its own equipment and staffing,
or through contract arrangement with clean-up specialists.
3. DEC is to respond to all oil spills, to ascertain the environ-
mental priorities, to provide technical expertise, to provide
locations of environmentally sensitive areas, and to ascertain
the procedures necessary to insure prompt and environmentally
sound clean-up and disposal.
4. DEC will be a member of the Federal Regional Response Team.
The Department of Transportation has five responsibilities:
1. DOT will license major facilities after receiving the certi-
fication from DEC.
2. DOT will collect the license fees, which are payable monthly,
until the $25 million fund is completely funded, or whenever
it goes below $18 million.
3. DOT will also receive notification of the spill.
A. DOT, if the spiller does not act, will cleanup and remove the
oil in accordance with the environmental priority and procedures
set by DEC. DOT may hire contractors, and is expeced to do so
whenever possible.
5. DOT has the responsibility of inventorying and establishing an
emergency spill network of all state, county, and local high-
way department equipment.
Close cooperation will be maintained with the Coast Guard and EPA
for the use of both funds and equipment.
A third state department — the Department of Audit and Control —
will administer the clean-up and compensation fund. This includes collec-
tion of fees and fines, payment of administrative costs, and the taking
of legal action against the spiller for costs incurred.
The party that spills the oil is liable for clean-up cost and disposal,
the cost of restoring real or personal property, the cost of restoring
natural resources, and the loss of income or earning capacity if actual
loss is greater than 10 percent of actual inccome (such as resorts in mari-
nas, and including related loss of state tax revenues). Each major facility
must carry $50 million of liability insurance.
New York has set up specific types of disposal priorities for spills:
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(a) for the recoverable oil, the first priority is to recycle,
second to incinerate, third is land burial.
(b) for oil-soaked debris, the first priority is recycling, second
is municipal or industrial incineration, third is natural de-
gradation, fourth is land burial, fifth is a sanitary landfill;
and last is on-site incineration.
(c) for hazardous substances (other than petroleum products)
the first priority is to recycle, the second to incinerate,
and the third is landfilling.
Aside from the actual clean-up operation, two other activities —
transport and disposal — are involved.
The state requires annual registration of license for all clean-up
contractors as waste haulers. A spill clean-up contractor who transports
or hauls and/or disposes of oil, oil/water mix, oil-soaked or any other
hazardous material is considered to be a waste hauler. Any government
agency — local, county, state, or federal — which transports, hauls,
and/or disposes of these types of wastes is also considered to be a waste
hauler and must be registered with DEC. Also having to be licensed are
pollution abatement committees and oil handling facilities or companies.
If the waste hauler's destination is out of state, he must meet all require-
ments of the state of destination.
Also part of the state regulations is the requirement for waste
haulers to have a disposal site or disposal means which has been approved
by DEC as acceptable to the type of waste involved. In the case of oil
spill wastes, the disposal site must have prior approval — requiring, in
effect, predesignated disposal sites. This is important, because a
number of tests are required to determine the suitability of the site for
various types and amounts of waste. This site approval is a time-consuming
process and cannot be done quickly at the time of a spill.
Along with these regulations, no liquid oil, oil-water mix, or other
liquid hazardous materials may be deposited in any type of landfill. And
any oil containing more than five parts per million of PCB's cannot be
used for dust control or for road oiling.
Approximately eighty waste haulers, with approved sites or disposal
means, are now registered in the state to handle various types of waste
involving oil, oil-water mix, or hazardous materials. Because some
haulers have more than one site, there are about 120 such sites, although
some are licensed for hazardous materials other than oil or oil-soaked
debris. EPA and the Coast Guard have a list of "these waste haulers and
their disposal site, so that if the agency is contracting with a parti-
cular hauler, agency officials know whose disposal site is closest. The
state is still part of the process to ensure that specific sites are
handling the volume and nature of materials they were licensed to handle.
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SECTION 3
FEDERAL REGULATIONS REGARDING OIL SPILL DEBRIS DISPOSAL
ENVIRONMENTAL PROTECTION AGENCY
Daniel K. Moon
Solid Waste Management Branch
Region I, Boston, MA
EPA is currently developing regulations under the authority of Section
3004 of the Solid Waste Disposal Act as amended by the Resource Conservation
and Recovery Act of 1976 that set forth performance standards for owners
and operators of hazardous waste treatment, storage, and disposal facilities.
These regulations, which are expected to be published in draft form in
August of this year, may affect how oily waste must be disposed of. Petro-
leum products contain materials such as heavy metals (Kg, Be, V) that may
cause the product to be considered hazardous . Oily debris may also be
considered a hazardous waste if it is particularly flammable (flash point
less than 140°F). If the oily debris is considered to be hazardous, then
the provisions of the Act will apply.
Subtitle C of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act of 1976 (P.L. 94-580), creates a regulatory
framework to control hazardous waste. Congress has found that such waste
presents "special dangers to health and requires a greater degree of
regulation than does non-hazardous solid waste" [Section 1002(b)(5)].
Because of the seriousness of this waste problem, Congress intended that
the States develop programs to control it. In the event that States do
not choose to operate this program, EPA is mandated to do so.
This rule is one of a series of seven being developed and proposed
under Subtitle C to implement the hazardous waste management program. It
is important to note the definition of solid waste [Section 1004(27)]
which encompasses garbage, refuse, sludges, and other discarded materials,
including liquids, semi-solids, and contained gases (with a few exceptions)
from both municipal and industrial sources. Hazardous wastes, which are
a subset of all solid wastes and which will be defined by regulations
under Section 3001, are those which have particularly significant impacts
on human health and the environment.
Subtitle C creates a management control system which, for those wastes
defined as hazardous, requires "cradle-to-grave" cognizance, including
appropriate monitoring, record-keeping, and reporting throughout the
system. Section 3001 requires EPA to define criteria and methods for
10
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identifying and listing hazardous wastes. Those wastes which are identified
as hazardous by these means are then included in the management control
system constructed under Sections 3022-3006 and 3010. Those that are ex-
cluded will be subject to the requirements for non-hazardous solid waste
being carried out by States under Subtitle D, under which open dumping is
prohibited and environmentally acceptable practices are required. Oily
debris will be controlled under either Subtitle C or D depending on whether
or not it is considered hazardous.
Section 3003 addresses standards affecting transporters of hazardous
wastes to assure that wastes are carefully managed during the transport
phase. The Agency is exploring opportunities for meshing closely with
proposed and current DOT regulations to avoid duplication in this area.
Section 3004 addresses standards affecting owners and operators of
hazardous waste storage, treatment, and disposal facilities. These
standards define the levels of human health and environmental protection
to be achieved by these facilities and provide the criteria against which
EPA (or State) officials will measure applications for permits.
Section 3005 regulations describe the scope and coverage of the actual
permit granting process for facility owners and operators. Requirements
for the permit application as well as for the issuance and revocation
process are to be defined by these regulations. Section 3005(e) provides
for interim permits during the time period that the Agency or the States
are reviewing the pending permit applications.
Section 3006 requires the EPA to issue guidelines for State programs
and procedures by which States may seek both full and interim authorization
to carry out the hazardous waste program in lieu of the EPA-administered
program.
Section 3010 regulations define procedures by which any person gene-
rating, transporting, owning, or operating a facility for storage, treat-
ment, and disposal of hazardous wastes must notify EPA of this activity
within 90 days of promulgation of regulations defining a hazardous waste
(Section 3001). EPA intends to make provisions in these regulations for
States to be delegated this function upon application to the Administrator.
It is significant to note that no hazardous waste subject to Subtitle C
regulation may be legally transported, treated, stored, or disposed, nor
may interim permits be issued, unless this timely notification is given
to EPA or a designated State.
The Act calls for the Agency to promulgate final regulations by no
later than summer 1978 under all sections of Subtitle C. EPA anticipates
a 4 to 6 month delay in this schedule. However, it is important for the
regulated communities to understand that the regulations (Sections 2001-
3005) do not take effect until six months after promulgation. Thus, there
will be a time period after final promulgation during which public under-
standing of the regulations can be increased and those covered by the
regulations can prepare to comply. During this same period, notifications
required under Section 3010 may be submitted, and facility permit applica-
11
-------
tions required under Section 3005 may be distributed for completion by
applicants.
(Regulations are expected to be proposed in the fall 1978, and
finalized early in 1979. Further information can be obtained from Dennis
Huebner, Solid Waste Management Branch, EPA Region I, telephone: 617-223-
5776).
FEDERAL HIGHWAY ADMINISTRATION
Matthew Pratt
Safety Investigator, Motor Carrier Safety Bureau -
Boston, MA
Mr. Pratt briefly explained that the Federal Highway Administration
Motor Carrier Safety Bureau does not regulate the interstate transfer of
oily debris but is mainly concerned with hazardous, i.e., corrosive,
flammable, or otherwise dangerous materials. It was pointed out that most
states have no regulations of their own to control the transport of oily
waste. Therefore, at the present time, there are no specific laws in the
Northeast governing the transport of oily debris from a spill scene to
either a stockpile or disposal site. It was observed that transportation
of this material could be hazardous if basic precautions are not taken
to minimize accidental ignition and spillage on highways.
12
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SECTION 4
TECHNICAL ASPECTS OF OILY DEBRIS DISPOSAL
OVERVIEW
An oil spill often results in a considerable quantity of oily debris.
The spill clean-up operation concentrates this debris in one area. Then,
the question becomes how to dispose of the debris. Often there isn't any
easy answer to this question because of local resistance to putting the
collected debris into the municipal landfill. For that reason, a temporary
repository is needed for the debris until its ultimate disposal can be
arranged for. This process has taken over a year in some cases. Mr.
Robert Landreth of the U.S. Environmental Protection Agency's Municipal
Environmental Research Laboratory in Cincinnati, Ohio, described the results
of some recent EPA research on liners and liner materials. These are use-
ful in preparing an environmentally safe temporary stockpile for oil spill
debris. The next speaker was Mr. John Farlow of the U.S. EPA's Industrial
Environmental Research Laboratory in Edison, New Jersey. He described
present EPA recommended strategies for disposal of the oil spill debris.
The final afternoon speaker was Mr. John A. Malter of the Vermont Agency
of Environmental Conservation's Department of Water Resources. He presented
a case study of the Disposal of some oily debris by the land cultivation
method (based on an EPA how-to-do-it manual entitled Oil Spill; Decisions
_for Debris Disposal, EPA-600/277-153a,b) .
Liners for Stockpiling
Mr. Landreth began by describing an EPA research program to upgrade
disposal sites with liner materials. The types of liners considered were
polymeric membranes, ad-mixed material, soil sealants, and natural soil
systems. The program began about 3 or 4 years ago with a survey of what
was being used in industry. Two problems soon became apparent. The first
is that if you have a generic class of synthetic material such as poly-
vinyl chloride (PVC), the quality of the material can be substantially
changed by the addition or subtraction of different ingredients in the
mix. For that reason you have to be very careful to match the particular
type of waste you have with the exact material which you plan to use as
a liner. The second major difficulty is that the" reactive characteristics
of different types of wastes (such as typical municipal wastes, oily wastes
and stack scrubber wastes, not to mention hazardous wastes) are all very
different from each other.
The next stage in the EPA program was to expose different types of
liner materials to different types of wastes for varying periods of time.
13
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The data points were 12 months, 24 months and A2 months. The expected out-
puts are twofold: first, to better define the problems with liner vari-
ability, and second, to develop a test protocol that other interested
agencies can use. Differences in "permeability" were observed in the
majority of liners during the study period. Some of these are due to the
limitations of the liner material itself. Another set of problems relates
to matching the liner material to the conditions expected. These include
not only compatability with the type of waste to be placed in them but
also the physical conditions (such as temperature and exposure to sunlight
in a case where they are being used above ground for temporary stockpiling),
In addition, it is essential that the liner be placed properly and care-
fully. Improper placement is probably the chief cause of liner failure
fore short-term stockpiling use.
For short-term stockpiling the polyethylene and polypropylene
materials are the most effective, although they are not particularly
inexpensive. In an emergency situation perhaps the best thing to do would
be to call your local, above-ground swimming pool dealer and see if you
can get him to make some liner for you overnight. Mr. Landreth has lists
of a number of them around the country who are willing to take on such
jobs. Their product would be useful for the period of a year or perhaps
two years. However, for long term, anerobic storage (i.e., a couple
of thousand years for oily wastes in a typical sanitary landfill) we have
no data on which to base a recommendation for any type of liner material.
Disposal Methods
Mr- Farlow's presentation emphasized the fact that there are now in
existence several technically sound methods for disposal of oily debris.
They have been reduced to engineering practice and, in fact, are actively
practiced all over the country. For that reason, the disposal of oily
debris is something that should not cause tremendous alarm in people's
minds. It is, in fact, something that can be coped with in a fairly
straightforward manner.
The EPA-recommended strategy for the disposition of oily wastes,
in order of priority, is: first, to reclaim as much oil from the waste
as possible and then to use directly as much of the oily waste itself
as can be accomplished. Next, where air pollution standards can be met,
thermally oxidize the remaining oily debris: that is, burn, incinerate,
pyrolyze, compost, or whatever. The next choice would be (where the
debris size permits) to land cultivate the oily debris: that is, make
use of the aerobic microorganisms that are found in the soil everywhere
people have looked (from Louisiana to Alaska). The final choice is to
employ very long term, anerobic storage: that is, put the oily waste in
a sanitary landfill or in a direct burial site.
In general, care should be taken that groundwater is not polluted
either by the material disposed of or by it decomposition products. To
that end a monitoring program may be necessary. Next, vegetation for
direct or indirect human consumption should not be grown on a land culti-
vation site or sanitary landfill or burial site unless it can be proven
14
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that no health risks will result. Finally, you should be aware that regu-
lations now being developed for implementing the Resource Conservation and
Recovery Act of 1976 will require either a Federal or a State permit for
disposal of those materials deemed hazardous. At this point it is not
known whether some oils may be deemed hazardous but it is a possibility.
Oil spill clean-ups are usually exciting, terribly busy and demanding
operations. It is hard to make a rational site selection under those
conditions. Therefore, the prudent official should recognize these
difficulties and try to plan ahead. This planning would include selecting
potential disposal sites, making a start toward obtaining the necessary
approvals, permits, and variances from tbe various governmental authorities,
and negotiating some sort of contingency agreement with the site owner.
Land Cultivation of Oily Debris in Northern Vermont
Mr. John Malter, the last speaker, described his solution to the oil
spill debris problem in Burlington, Vermont. About 15,000 gallons of
oily sludge from a coal gasification plan was land cultivated. The sludge
consisted mainly of asphalts, coal tar, wood fibers, distillate and waste
oils. The disposal site was about 70 feet by 100 feet with 6 inches of
surface sandy gravel underlain by more than three feet of tight clay glaze.
The oily sludge was spread to a depth of about 2 to 3" with a rake. The
sludge was left for 10 days to dry out a bit and then a garden variety
rototiller worked it into the soil. The rototilling took about 1 1/2
hours. The area was rototilled several times more. Controlled patches
of ground were left representing each stage of the treatment. Winter rye
was planted on a portion of the site approximately 60 days after the
first rototilling. Laboratory results indicate a more than 90% reduction
in the solvent extractable, organic materials between the dried unculti-
vated site in the control plot and the material that had been rototilled
three times.
RESEARCH ON IMPOUNDMENT MATERIALS FOR STOCKPILING OF OILY DEBRIS
Robert Landreth of the Solid and Hazardous Waste Research Division,
Municipal Environmental Protection Research Laboratory of the U.S. Environ-
mental Protection Agency described some preliminary results of some ongoing
research on the proper type of liners to be used for containing various
types of liquid wastes. The intent of this project is to give guidance
on which liner material to consider from a waste compatibility standpoint
and not to specifically identify liner performance. A series of research
projects have been initiated to develop a data base from which evaluation
criteria or test protocol can be established.
The first step was to establish the state of the art with regard
to materials used by the chemical industry in reaction vessels, pipes,
and containers to obtain data on chemical interactions of wastes and po-
tential liner materials. Liner materials considered were polymeric membranes,
admixed materials, solid sealants, and natural soil systems. Wastes con-
sidered for containment included caustic petroleum sludge, acidic steel
pickline waste, heavy-metal-bearing electroplating sludge, pesticide waste,
15
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oily refinery sludge, pharmaceutical waste and wastes from the rubber and
plastics industries.
The chemical characteristics of these wastes varies widely with
regard to BOB, COD, TOC and suspended solids. An extensive literature
review combined with discussions with manufacturers, fabricators, suppliers,
and trade associations was performed resulting in the waste-liner matrix
below. It should only be used as a guide because of variability of
waste characteristics and various additives to polymeric compounds to
improve performance or economic advantage.
Of particular interest to those responsible for oil spill cleanup
are the tests performed on liners exposed to industrial hazardous
sludge leachates. This study, the results of which are still being inter-
preted, was designed to provide more detail to the liner-waste compatibility
matrix.
The objectives of this study are to determine the effects on selected
liner materials as a result of exposing them to a variety of industrial
wastes over an extended period of time; to estimate the effective life
of the liner materials; to determine the cost-effectiveness of liner
materials and to develop test procedures.
Both caustic petroleum and oil refinery sludges were tested on various
polymeric membranes and admixed materials. Although the data is still
being interpreted at this time, some preliminary observations can be
made. It was found that oily wastes could not be safely contained with
asphalt liners. Oily wastes with aromatic components may present problems
for polymeric membranes except those membranes which are crystalline. It
was also found that bentonite liners, polymer modified bentonite and soils
may not be suitable for impounding strong wastes containing both aqueous
and oil phases. These preliminary observations were made from bench seal
studies conducted at the beginning of the exposure tests.
The next logical step in the research plan is field verification.
The approach is to conduct a survey to identify disposal sites where liner
materials have been installed. The survey is designed to obtain information
relating to waste type, depth, age, type of liner material, owner, installer
and other pertinent data on the disposal site. These data are being evalu-
ated to determine if samples of liner materials can be obtained intact
from sites of varying ages, then a long term field exposure data base for
liner performance could be developed in a relatively short period of time
at minimal expenditure.
In the future, EPA hopes to develop a manual on how to properly
install a liner because the majority of liner failures appear to be due
to improper placement.
Further information on the use of various liners for impoundments
can be obtained from EPA's Municipal Environmental Research Lab, Solid
Hazardous Waste Research Division, 26 Vest St. Clair Street, Room 171,
Cincinnati, Ohio 45268.
16
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TABLE 1. COMPATIBILITY OF LINER MATERIALS WITH VARIOUS INDUSTRIAL WASTES
Name of liner
Polymeric Membranei
Butyl rubber
Chlorinated poly-
ethylene
Chloroaulfonattd
polyethylene
Klaaticlied polyoletin
Etnylene propyleae
rubber
Meoprene rubber
Polyethylene
Polypropylene
Polyvinyl chloride
Admix Hateritlt
Aiphalt concrete-
hydraulic
Aephalt membrane
Soil aiphalt
Soil cement
Compacted cley
Treated bentomlte
Short
name
m
CPI
CSX
Hypalon
3110
EFDH
CE
PI
tr
PVC
UAC
—
—
—
—
_M
Vulcan-
iied
Yet
Na
No
Mo
tea
Yea
Ho
No
No
—
—
—
—
—
~~
Cauetic
petroleum
iludte
Yee
Yea
Yee
?
Yea
Yea
Yet
Yai
T
Yea
J
7
Yei
No
Ho
Acidic
tteel pick-
ling wa§t«
Yee
t
Yea
T
Yet
t
T
t
J
No
1
No
Ho
No
No
Electro-
plat ing
iludge
Yet
t
Yea
Yea
Yea
T
Yea
Yet
t
No
J
Ho
1
No
No
Toxic pet-
ticide for-
anilation
watte
1
1
J
Yea
1
1
Yet
Yet
Yci
7
?
?
7
7
7
Oil refi-
nery elud|[e
No
No
Ho
7
Do
J
Yet
Yet
Yet
No
No
No
Yei
Yei
Yet
Toaic phar-
maceuti-
cal watte
7
t
7
Yet
1
J
Y«a
Yet
Yet
7
7
7
7
7
7
Uitla
utter (rom
rubber ar.d
pltttict
induttry
1
1
Yet
Yet
Y*a
Yea
Yet
Yit
Yai
7
7
No
Yet
Yai
Yaa
Chemical compatibility of lining aaterlala with varioui induatrial wattee. Indicatet the potential auitability of a given typt of lining material
for confining typea of waatea. for a given type of lining material compoaitioni vtcy coneiderably aa do the composition and concentration of the
vatte and environmental condition* under which they would be confined.
Yea - Lining materiel it probably auitable for confining a wide renge of waatea of the type indicated, uting a wide range of formulation!.
T - Queitionable. Suitability dependi on the tpe«ific weete and the apecific liner material. Innera ion tette ihould be run.
Ho - The lining material would not or probably not be auitable for confining the type of watte ahown.
-------
OIL SPILL CLEANUP DEBRIS DISPOSAL
John Farlow of the Resource Extraction and Handling Division, In-
dustrial Environmental Research Laboratory of the U.S. Environmental
Protection Agency presented an EPA viewpoint of technical considerations
of oil spill debris disposal together with some slides and a short movie.
He has prepared a written version of his oral presentation. This
written version, which as a number of summary tables, appears in the
following pages. It is a condensation of some of the main points in
the two-volume EPA publication, Oil Spill; Decisions for Debris Disposal,
EPA-600/2-77-153 a & b.
18
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OIL SPILL CLEANUP DEBRIS DISPOSAL
J.S. Farlow
U.S. Environmental Protection Agency
ORD, Edison, New Jersey 08817
ABSTRACT
Five recommendations for oil spill debris disposal are presented,
including a priority ranking of disposal methods. These are based upon
the results of Environmental Protection Agency-sponsored research and
upon discussions between Office of Research and Development and Office of
Solid Waste personnel. All agree that sound technology for the land
disposal of oily wastes does exit today. References are given to litera-
ture providing detailed how-to-do-it information.
Three land disposal methods (land cultivation, sanitary landfill and
burial) are discussed, and tables are presented of potential problems
and solutions, site selection criteria, and comparisons between the methods
(advantages, applicability to debris types, environmental considerations,
and costs).
INTRODUCTION
One of the corollaries to
Murphy's law states that whenever men,
equipment and oil are involved to-
gether, a spill will occur sometime.
This is as true on the sea as on the
land. While the great majority of
spills are small, the relatively
few big ones can be spectacular. For
example, in the Gulf of Mexico off-
shore oil production area a mere 5
spill incidents accounted for 85%
of the total volume of oil spilled
there, based on reports to the U.S.
Geological Survey in 1971-19752.
Present practice is to clean up,
to the extent possible, those spills
either too large or in too sensitive
an area to be ignored. If the spill
is into the water, any floating debris
present is coated with oil, as is the
the coastal area where the slick comes
ashore.3 If the oil is spilled on
land, oily debris will almost in-
evitably result.
One of the usual outcomes of a
successful cleanup operation is a
quantity of oily debris concentrated
in one area, such as the parking lot
at the town beach. By this time the
cleanup.,crew will rapidly be losing
interest in the project, while local
citizens and their elected represen-
tatives want the debris taken away
entirely, at once. Fortunately for
these officials and operations
personnel, some U.S. Environmental
Protection Agency (EPA)-sponsored
research has already resulted in a
series of five recommendations
(Table 1), and an oil spill debris
19
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disposal how-to-do-it manual entitled
Oil Spill; Decisions for Debris
Disposal, Vol. I - Procedures Manual.7
These amount to a statement of what
we believe today. Although the
research is still on-going, and much
remains to be discovered and applied,
I believe the recommendations and the
manual, together, form a suitable
basis for action now. The manual has
already been distributed to EPA spill
coordinators, state spill coordinators,
state solid waste and water pollution
control agencies, and U.S. Coast Guard
strike teams and local pre-designated
on-scene coordinators, among others.
OIL SPILL DEBRIS
DISPOSAL ^RECOMMENDATIONS
I would like to present the
recommendations in full (together with
some comments) because they help to
put the several common disposal
methods into perspective. These
recommendations have reached their
present form as a result of dis-
cussions between myself and Bob
Landreth (Solid and Hazardous Wastes
Research Division, Cincinnati, Ohio),
and Truett DeGeare and Fred Lindsey
(Office of Solid Waste, Washington,
D.C.), They may be spelled out in
more detail (or modified) when the
regulations implementing the Resource
Conservation and Recovery Act of 1976
are put into effect.
1. Sound technology for the land
^disposal of oily wastes does
exist today.
Despite the nervousness displayed
by some states with respect to
oily debris, we believe this to
be a statement of fact. Detailed
discussion with supporting
material may be found in the two
references cited. I can make
limited numbers of copies of
Oil Spill; Decisions for Debris
Disposal7 available, and more
can be obtained through NTIS. Land
Cultivation of Industrial Wastes
and Municipal Solid Wastes: State-
of-the-Art Study6 is now in prepar-
ation and expected to be in print by
early summer of 1978.
2 . The recommended das_p_o^rt ion of
oily wastes (in order of
priority) is;
a)
as much oil from
b)
the waste, and use
directly as much of the
oily wasj^ itself, as
possible; and
The first order of priority,
naturally, is to recover
as much of the lost energy
or lubricant as possible.
Next is to reduce the vol-
ume of the material by
direct use of the oily
waste itself, perhaps by
incorporating it into a
highway road bed. That
portion which can't be re-
claimed or used directly
becomes, by definition, the
oil spill debris disposal
problem.
where air pollution stan-
dards can be met, thermal-
ly oxidize (i.e. -burn,
incinerate, pyrolyze, etc.)
the remaining oily debris;
or
Whether the potential air
pollution problems are
surmountable or not is very
ruich a function of location
and circumstances. What
may be appropriate in a
Louisiana marsh (at the
time of year when the
marshes are usually burned
anyway) may be totally
Inappropriate in the Los
Angeles basin. Complete
20
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combustion has the distinct advantage
of converting the oil to carbon di-
oxide and water. No aromatics are
left to get into the groundwater or
complex organics to be taken up by
plants growing at the disposal site.
c) where debris size permits,
land cultivate (i.e.-aerobic
microbially decompose) the
remaining oily debris; or
Essentially everywhere in-
vestigators have looked,
from Southern California to
Point Barrow, Alaska; from
Louisiana to Montana and
northern Vermont; naturally-
occurring bacteria and other
micro-organisms capable of
using oil as any energy
source have been found. If
the oily wastes are intim-
ately mixed with the soil,
and if proper amounts of
oxygen, water and nutrients
are supplied (either natu-
rally or otherwise), the
micro-organisms metabolize
the oil with a speed which
is primarily a function of
the temperature and the
degree of their previous
conditioning. Debris size
is a consideration chiefly
because of the limitations
of the equipment available
to mix it well with the
surface oil. 3,
d) employ very long term
anaerobic storage (e.g.-
sanitarv landfill or direct
burial), together with ade-
quate groundwater quality
monitoring. Since fine
grained soils (e.g.-clays
and silts) have more surface
area per unit weight and
more sorptive capacity than
coarse grained soils (e.g.-
sand and gravel). long term
storage sites should be
located, wherever possible,
on fine grained soil.
Where poor soil conditions
may result in hydrogeologic
connection to groundwater,
JLeacha_t e__coll.ec_t ion and
treatment shall be
The chief point is that
because anaerobic decom-
position of oil proceeds so
slowly, the material poses
a potential threat to
groundwater for periods
very long compared to a
human lifetime. In addi-
tion, many of the more
toxic (aromatic) constitu-
ents of the oil are water
soluble. Since burial and
sanitary landfill sites
can't be expected to main-
tain their watertight in-
tegrity for centuries,
adequate water quality
monitoring5 is needed for
as long as this form of
storage is utilized, so
that any breach of site
integrity can be promptly
detected and repaired. At
sites were the soil is poor
to start with, a special
leachate collection and
treatment system shall be
employed .
The groundwater mus_t_no_t be
polluted either by the material
disposed of, or by its decom-
position products.
If you've ever tasted oily
water, you understand what one
of the potential problems is.
In addition, each oil is a
collection of different com-
pounds and isomers, in different
ratios. Only a small fraction
of the different probable
metabolic pathways is known,
21
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and even less is known about the and phosphorous) and pH conditions are
health problems which might result met. Land cultivation should not,
from ingesting the many inter- however, be attempted in areas sub-
mediate or final breakdown pro- ject to washouts and flooding be-
ducts. The conservative course cause of the pollution potential.
seems to be the safest.
4. Vegetation for direct or in-
direct human consumption should
not be grown on a land culti-
vation site or a sanitary land-
fill or a burial site, unless
it can be proven that no health
risks will result.
Again, there are many unknown
intermediate.and final metabolic
products. How they may be taken
up in the various sorts of vege-
tation or may then affect human
health is also unknown. Here,
too, the conservative course
seems best.
5. Regulations now being developed
for implementing the Resource
Conservation and Recovery Act
of 1976 will require either a
Federal or a State permit for
disposal of materials deemed
hazardous«
No final decision has yet been
made as to whether oily wastes
will, or will not, be deemed
hazardous.
DISPOSAL METHODS
Land cultivation (aerobic). Land
cultivation can be carried out anywhere
in the 48 contiguous states with suf-
ficient soil depth (five inches in
colder climates and eight inches in
warmer) and where surface slopes do
not exceed 6%. Naturally occurring
bacterial populations exist just about
everywhere and will multiply satis-
factorily to decompose the oily debris
when mixed thoroughly with the soil
and when basic oxygen, moisture
(water), nutrient (primarily nitrogen
After access roads suitable for
loaded trucks are prepared and brush,
logs and rocks larger than six inches
in diameter are removed, the top soil
at the site should be loosened up
(using a bulldozer and a ripper, if
need be, to scarify any rotten rock
present), and any needed soil condi-
tioners (e.g., lime to adjust pH,
or urea to provide sufficient nitro-
gen) mixed in with a rototiller. Run-
off diversion channels sufficient to
prevent surface drainage from flowing
through the area, plus a berm and
catch basin able to retain any oily
sheen floated by rain, should then
be constructed. The debris should
be spread evenly over the surface in
a layer one to five inches deep and
allowed to weather several weeks un-
til it no longer appears wet and
sticky. Next, the debris should be
thoroughly mixed into the soil with
a. ro to tiller, if possible (the same
result also can be achieved with
more effort using discs, harrows,
plows or dozer blades). At least
two complete passes over the site
at right angles to one another usually
are needed to achieve thorough
mixing; at that point the oil will
be so dispersed as not to be recog-
nized as oil, and the site will look
like recently plowed farm land. Mix-
ing the soil again at increasing in-
tervals (from weekly at first to
seasonally after two years) will
greatly increase the rate of decom-
position. Additional fertilizer may
be necessary for fastest results.
Also, machinery will bog down in the
mud if the fields are not first
allowed to dry out after each rain.
Native vegetation (weeds) will begin
to re-establish itself the first year,
but some planting may be necessary
22
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to combat erosion during the non-grow-
ing season.
If stockpiling the oil spill
debris is necessary for more than a
few weeks (while completing disposal
site selection and acquisition, etc.).
the oil should be prevented from
either running off over the surface or
soaking directly into the ground by
means of berms, catch basins and suit-
able plastic (e.g., polychloroprene
reinforced with polyester1*) or clay
layers between the debris and the
ground. Table 2 summarizes possible
solutions to some common land culti-
vation problems.
Sanitary landfilling (anaerobic).
Oil spill debris of any sort and size
may be disposed of at any property
designed and operated sanitary land-
fill''. The only technical adjustments
relate to the possible need for extra
manpower and machinery to handle the
extra deliveries and the requirement
for suitable fine-grained soils to
line the lifts containing the oily
debris. In addition, the complete
portion must have an impermeable cap
to prevent infiltration of rain and
the oil from floating out. Table 3
summarizes possible solutions to
some common sanitary landfilling
problems.
Burial (anaerobic). Burial of
debris, like sanitary landfilling, is
usefull for oil spill debris of any
sort and size and may take place
either below grade or above. An
advantage of the above-grade option
is the ease in the detection of any
leakage through the sides since only
the base is concealed from view. For
both options, access roads to the site
suitable for loaded trucks must be
prepared. Then the pit or trench must
be prepared (below-ground option) and
lined with suitably fine-grained
material to reduce leakage. Usually
layers of debris and soil are alter-
nated and compacted. Their thickness
is one or two feet each except where
unusually bulky debris must be in-
corporated. The portions of the site
exposed toward the atmosphere (top
for below-grade options; top and
sides for above-grade) are covered
with a layer of fine-grain soil (to
eliminate infiltration or leakage)
and then a compacted layer of final
cover two or three feet thick.
Grasses should be planted to inhibit
erosion, but slopes greater than
about 4% may erode anyway. Table 4
summarizes possible solutions to
some common burial problems.
Table 5 summarizes criteria
which apply to the selection of any
oil spill debris disposal site.
Table 6 summarizes the advantages
and disadvantages of alternative
disposal methods, while Table 7 sum-
marizes their applicability for
different types of debris.
MONITORING
The purpose of monitoring is to
serve as a check on potential leach-
ate contamination by ensuring de-
tection of an incipient pollution
problem early enough to make remedial
action possible.5 The primary po-
tential problems at oil spill debris
disposal sites relate to contamin-
ation of begetation and of water.
The possible incorporation into
vegetation of toxic heavy metals and/
or intermediate or final breakdown
products of the debris poses a po-
tential threat to human or animal
consumers. As mentioned in the
section on recommendations, the
wisest course at this time (pending
the outcome of what may turn out to
be an extensive and complex research
effort) would seem to be to ensure
that vegetation growing on the dis-
posal site is not consumed by humans
or animals. Where this prohibition
is enforced, monitoring is unnecessary;
23
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otherwise, a relatively sophisticated
(and costly) monitoring program is
strongly recommended.
Contamination of groundwater by
the debris also is highly undesirable
and the likelihood can be minimized
by carefully observing good site
preparation and operation practices.
However, where the anaerobic storage
strategy (sanitary landfilling and
burial) is employed, the pollution
potential is present over essentially
geologic time periods, and long-term
monitoring programs are necessary to
prevent water supply problems from
developing. The goal of proper con-
struction is to prevent the penetra-
tion of either meteoric or surface
runoff water through the sides or top
of the disposal site, or of ground-
water through the sides or bottom.
The monitoring program should include
periodic collection and analysis of
surface waters downstream from the
site to detect the escape of disposal
site contents (and also upstream to
make possible a determination of
whether any contamination detected
downstream is in fact attributable
to the disposal operation). All
samples should be taken close to the
site at least annually through per-
manent wells. An additional well
in the disposal site itself to the
low point of its "floor" will provide
evidence of infiltration. Each well
can be a vertical, polyvinylchloride
pipe with a screened lower portion
extending from five to 10 feet below
the lowest expected level of the
"aquifer" to several feet above the
highest expected level. The well
should be capped except when being
sampled. Routine analyses should
include determination of oil content,
pH and organic acids. Table 8 sum-
marizes corrective actions for some
of the problems most common at dis-
posal sites.
FINAL REMARKS
It should be noted that making
a rational site selection, locating
and negotiating with the owner, and
obtaining the necessary approvals,
permits and variances from state and
local authorities are difficult to
accomplish rapidly at any time, let
alone while simultaneously cleaning
up an oil spill. The prudent official
should recognize the difficulties and
try to plan ahead. A further set of
complications results from the
necessity of providing for long-term
monitoring and of coping with the
long-term liability potential when-
ever anaerobic disposal methods are
used. Despite these factors, we
believe that the methods presented
are technically sound and also are
feasible. Table 9 gives typical unit
costs for oil spill debris disposal
operations.
SUMMARY
To sum up briefly, the recom-
mendations and the how-to-do-it manual
provide a rational basis for action
how. Land cultivation is feasible
in many cases and should be consid-
ered because of its many advantages.
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TABLE 1. OIL SPILL DEBRIS DISPOSAL RECOMMENDATIONS
Recognizing the operational need for agreed-upon priorities for the
disposal of oil spill debris, the following 5 recommendations, based largely
upon studies supported by the EPA Office or Research & Development, and
agreed to by Truett DeGeare and Alfred Lindsey of the Office of Solid Waste,
are offered.
I. Sound tehnology for the land disposal of oily wastes does exist
today (see References below).
II. The recommended disposition of oily wastes (in order of priority)
is:
a. reclaim as much oil from the waste, and use directly as
much of the oily waste itself, as possible; and
b. where air pollution standards can be met, thermally oxidize
(i.e.- burn, incinerate, pyrolyze, etc.) the remaining
oily debris; or
c. where debris size permits, land cultivate (i.e. - aerobic
microbially decompose) the remaining oily debris; or
d. employ very long term anaerobic storage (e.g. - sanitary
landfill or direct burial), together with adequate ground-
water quality monitoring. Since fine grained soils (e.g. -
clays and silts) have more surface area per unit weight and
more sorptive capacity than coarse grained soils (e.g. - sand
and gravel), long term storage sites should be located,
wherever possible, on fine grained soil. Where poor soil
conditions may result in hydrogeologic connection to
groundwater, leachate collection and treatment shall be
employed.
III. The groundwater must not be polluted either by the material
disposed of, or by its decomposition products.
IV. Vegetation for direct or indirect human consumption should not^
be grown on a land cultivation site or a sanitary landfill or
a burial site, unless it can be proven that no health risks
will result.
V. Regulations now being developed for implementing the Resource
Conservation and Recovery Act of 1976 will require either a
Federal or a State permit for disposal of materials deemed
hazardous.
References:
25
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TABLE 2. LAND CULTIVATION OF OIL SPILL DEBRIS:
PROBLEMS AND SOLUTIONS
POSSIBLE OPERATIONAL
Possible problem
Solution
- Inclement weather hindering site
preparation and/or mixing
- Difficulty in scarifying soils
- Slow oil decomposition
- Erosion of land surface
- Runoff of oily material
- Stockpile debris in prepared,
diked area until weather improves
- Rip soils with track dozer pulling
double or single ripper blades
prior to rototilling
- Till the oil/soil mixture more
frequently
- Add fertilizers (such as urea and
phosphates) or water
- Regrade the surface to maintain
no more than a 1% to 2% slope.
- Regrade the surface
- Construct berms
- Construct runoff catch basin
downstream from the area
(Based on Stearns7)
26
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TABLE 3. SANITARY LANDFILLING OF OIL SPILL DEBRIS:
PROBLEMS AND SOLUTIONS
POSSIBLE OPERATIONAL
Possible Problem
Solution
- Oil not absorbed by refuse
(over-saturated or under-
saturated)
- Ignition of oily debris/refuse
- Leaching of oil into ground-
water (vertical infiltration
of water from surface)
- Leaching of oil into ground-
water (vertical migration down
through bottom)
- Leaching of oil into ground-
water (groundwater flow
through refuse)
- Erosion of cover soil
More mixing with refuse until
adequate mix is secured
- Extinguish flame; prevent by in-
stalling spark arresters on equip-
ment and assuring they have
mufflers above equipment
- Reduce percolation by improving
cover material; slope surface to
encourage runoff
- Dip up landfill and reseal bottom
Reduce groundwater level through
pumping; excavate material and
Install liner
Place more cover soil; sow with
grasses and protect until grass
grows
(Based on Stearns7)
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TABLE 4. DIRECT BURIAL OF OIL SPILL DEBRIS: POSSIBLE OPERATIONAL PROBLEMS
AND SOLUTIONS
Possible problem
Solution
- Groundwater contamination
- Surface water contamination
- Slumping of fill
- Cover grasses not germinating
Define the extent of the contamina-
tion and institute the necessary
corrective measures, e.g., pumping,
installing groundwater interceptor
trenches, excavating point-source
materials
Determine the source (groundwater
or surface waters) and institute
remedial measures, i.e., if source
is groundwater, use corrective
measures as in "groundwater con-
tamination," above; if surface
water over the site is becoming
polluted, then the area where
the surface water comes into con-
tact with debris must be defined
corrected by covering the debris
with soil and/or diverting surface
waters
Placement and compaction of addi-
tional cover soils
Re-sow and evaluate choice of
grass and reason for failure; ferti-
lization or chemical soil adjust-
ment may be required.
(Based on Stearns7)
28
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TABLE 5. SUMMARY OF OIL SPILL DEBRIS DISPOSAL SITE SELECTION CRITERIA
Factor
Criterion
Land use
Water quality
Planned use of the site for debris disposal should be
compatible with on-site and adjacent land use.
Disposal at a sanitary landfill would meet this
criterion fully. Debris disposal in a residential
area may not be compatible.
The site should not be a source of water pollution
by oil.
Location
Access
Disposal on porous soil overlying potable ground-
water or in an area subject to flooding would not
meet this criterion. Sites that do not overlie
groundwater (or, if they do, have a clay layer
in between) are likely to offer the best protection
for groundwater.
Sites should be situated as closely as practical
to the point(s) where oil spill debris is (or might
be) collected or stockpiled.
Existing access roads into the site should be of
all-weather construction or such roads should be
constructable in an emergency situation.
A site that cannot be readily accessed is of little
use. Access into a muddy farm may be temporarily
facilitated by placement of a gravel road or
military landing mats.
(Based on Stearns7)
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TABLE 6. ADVANTAGES AND DISADVANTAGES OF ALTERNATIVE DEBRIS DISPOSAL METHODS
Disposal
Method
Advantages
Disadvantages
Land cultivation
Landfilling with
refuse
Burial
- Oil is degraded, minimizing
long-term environmental threat
- Land surface reusable for debris
or other purposes
- Soil properties may be improved
Minimal equipment needs
Relatively low initial cost
Minimal site preparation
Many landfills available
Oil encapsulated, minimizes
volatilization
Operations completed relatively
quickly
Land surface can be returned
to pre-disposal appearances
- Opportunity for oil volatilization
and thus air pollution increased
- Periodic soil mixing required;
frequency dependent upon soil
conditions
- Relatively costly
- Stockpiling at disposal site may be
necessary
- May be impractical to implement
durinc inclement weather
- Land is dedicated to disposal
indefinitely
- Influx of oil spill debris may
overtax available equipment *and
personnel
- Long-term pollution potential
- Long-term monitoring desirable
- Land is dedicated to disposal
indefinitely
- Oil remains undegraded for long
periods with consequent long-term
pollution potential
- Long-term monitoring desirable
(Based on Stearns7)
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TABLE 7. APPLICABILITY OF DISPOSAL METHODS TO DIFFERENT TYPES OF OIL SPILL DEBRIS
Disposal
method
Size of solid mater
Biodegradability of
debris Oil content
Land cultivation
Landfilling
with refuse
Burial
Debris should be relatively small
in size, less than 15 cm (six inches,
e.g., oiled soils; some larger
vegetation may be acceptable,
such as seaweed or brush
- No limitation on size
- Predominately
oils and soils
are best; non-
degradable sor-
bents or inor-
ganic trash
should not be
present
- No limitation
- In general, no size limitation;
bulky debris, such as poles, may
pose operational problems; disposal
trenches may require widening to
accommodate bulky items
No limitation on
materials
Land culti-
vation best
suited for
heavily oiled
debris
In general no
limitations on
debris oil con-
tent; regula-
tory agencies
may object to
disposal of
heavily oiled
or high water
content debris
in a newer
landfill where
relatively
little refuse
is present to
absorb the
liquids
No limitation
on oil content
as site condi-
tions
(Based on Stearns7)
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TABLE 8. CORRECTING ENVIRONMENTAL PROBLEMS
Problem
Possible solutions
Infiltration of groundwater into
Surface runoff of oily materials
from site
Ponding of water on surface of
disposal site
Leaching of oily matter from
debris mass to groundwater
Impeded oil degradation at land
cultivation site
Pump out groundwater to drain upstream
area
Construct diversion channels
Construct peripheral subsurface
drains to intercept groundwater flow
Rebuild "impermeable" walls
Install impoundment dikes or berms
Improve upstream diversion channels
Recycle runoff to debris disposal area
(if quantity is small enough)
Regrade surface; possibly apply more
cover soil
Establish vegetation to both increase
evapo-transpiration and reduce runoff
velocities
Intercept leachate with trench
Pump out excess moisture from debris
mass; either recycle pumped-out water
or remove for treatment at an approved
facility
Rebuild "impermeable" walls
Rototill or disc the soil/oil
mixture more frequently
Add nutrients or other amendments
If above-noted remedial actions do not solve environmental problems, be
certain that debris disposal site is actually the source of contamination.
If so, removal of debris to another site may be the last resort.
(Based on Stearns7)
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TABLE 9. ESTIMATED UNIT COSTS FOR OIL SPILL DEBRIS DISPOSAL OPERATIONS
Item
Unit Cost @ ($/unit)
Site geophysical and engineering
studies
Access road construction
Site preparation (clearing, scarify-
ing, grading, where necessary)
Excavation and covering of trenches
(for burial)
Application of fertilizer, other soil
amendments (for land cultivation only,
if necessary)
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LAND CULTIVATION OF OILY DEBRIS IN NORTHERN VERMONT
John Malter, of the Vermont Agency of Environmental Conservation,
described a pilot program for land cultivation of oily debris, in northern
Vermont. Land cultivation can be an effective means of disposal in the event
of contamination of large quantities of degradable oil saturated debris, such
as sand, vegetation, or soil.
This technique has not been used extensively in New England because
micro-organisms present in the soil are slowed by cold weather. Thus,
it may be necessary to stockpile the debris before land cultivation can
begin.
However, in June 1977, an oil spill occurred, offering the opportunity
to test land cultivation techniques described in a draft of EPA's manual
Oil Spill; Decisions for Debris Disposal.
A coal gasification plant that had operated in Burlington, Vermont
between 1908 and 1966 had used as a sludge dumping site an area which
bordered an abandoned canal that led to Lake Champlain. The sludge con-
sisted of asphalts, coal tar, wood fibers, and distillate and waste oils.
In the spring of 1977, a contractor with the City of Burlington was using
the land bordering the canal as a fill site during the construction of a
municipal parking garage. During this activity, some fill was dumped too
close to the canal, and some of the buried oil debris oozed out of the
ground and entered the canal.
The Coast Guard and the state Department of Water Resources responded
to the incident, and once the spill material was contained, it had to be
removed for final disposal. The local landfill would not accept the waste,
nor could it be rerefined because most of the volatile components had
degraded over the years. The nearest incinerator where the waste could
be burned was in Maine, too far away to be an economically feasible solution.
But the Vermont landowner agreed to try land cultivation. A site
about 70 by 100 feet was chosen about 300 feet down from the spill; and
was graded, raked and bermed with drainage ditches to intercept surface run-
off. The site had six inches of sand and sandy gravel on the surface,
and was underlain by more than three feet of tight lake glaze. Large rocks
bn the site were removed. The site was ready on June 10, when 1500 gallons
of oily sludge was pumped onto the site and spread to a thickness of two
to three inches over approximately one half of the site.
The sludge was left for ten days, and on June 20 a garden rototiller
was used to mix the oil and soil together in order to expose maximum
amounts of the oily material to oxygen and soil material. The site was
tilled first in a north-south direction, and next in an east-west direction.
A small section of the spread area was left untilled as a control site.
Each tilling took about an hour and a half for one man to complete.
On July 6, 1977, sixteen days after the first tilling,and twenty-six
days after the sludge had initially bean spread, sludge in the once-tilled
34
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section had broken down to approximately one-half to three inch clumps.
The untilled sludge resembled a dry, black mud after the twenty-six days
of drying. A second control area, this one in the once-tilled area, was
staked out; and the remainnig area tilled for the second time. A third
tilling was done July 20th, forty days after the sludge had been spread.
Noticeable additional decomposition had taken place. By August 25th even
the untilled material had been bleached by the sun and looked about the
same color as the tilled soil. On that same day, a new test plot was
staked and winter rye grass was planted to test the effect of the oily
material on vegetation. By October 25th the grass was growing throughout
the test plot. No further tilling was done, since the three earlier
tillings appeared to distribute the oily debris with the soil. Depending
on the volume of the sludge, the weather conditions, and the soils, other
materials may need to be added (such as nutrients, water and lime) or more
frequent tilling may be necessary. Each case will require a special set
of criteria, which can be developed by using the EPA manual as a guide.
Preliminary sampling of the sludge— when first spread, the uncon-
taminated soil at the disposal site, the dry untilled sludge, and the
totally tilled sludge and soil— were taken for analysis at the U.S. Army
Corps' Regions Research Laboratory. The initial results indicated a more
than 90 percent reduction in the solvent extractable organic material between
the dried, uncultivated sludge and the material rototilled three times.
Heavy metals were also sampled for, although, at the time of the workshop,
results had not yet been received. It is especially important to take
these samples if the land is going to be used for crops. Further, because
the question of risk of consuming vegetation planted on a land spreading
or other disposal site does exist, it is best to avoid human or animal
sonsumption of the vegetation until further studies in the field have been
done. Groundwater and surface water monitoring in the area used for land
disposal is also necessary.
The landspreading demonstration, even though still in the very early
stages in Vermont, does show that it can be a viable alternative for oily
debris disposal in New England.
This and the other options analyzed in the EPA research manual will be
described in a regional guide for the disposal of oil saturated debris in
the Lake Champlain area. This guide is being prepared as a joint project
of the New England River Basins Commission's Lake Champlain Basin Study and
the Vermont Agency of Environmental Conservation. Specifics for debris
disposal are discussed, such as the petroleum transportation and storage
network, the existing access to Lake Champlain to remove spilled debris
for disposal, and the natural resources in the area as they relate to
developing suitahle disposal sites. With this guide, and the EPA film
and research material, the state can give an objective presentation on
debris disposal to municipalities, regional planning commissions, and
other interested parties. Governing entities can then decide for themselves,
prior to the confusion of a major spill, what disposal alternatives they
would like to establish within their own regions. Thus the groundwork can
be done for procuring sites for potential use in the event of a major spill.
35
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Other Discussion
In response to a question about the biodegradable characteristics of
the various parts of oil (such as asphalt versus petro-chemical oils), Mr.
Farlow noted that the composition of oil is not constant, even from the
same field and that same well, making it very difficult to be precise about
exactly what components and how much of them are biodegradable. Despite
this difficulty in characterizing oils, a number of oily wastes have been
examined, and it has been shown that the majority (probably over 90 percent)
of the hydrocarbons can be metabolized over a period of one to three years.
36
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APPENDIX A
SUMMARY: EPA OIL SPILL DEBRIS DISPOSAL
RECOMMENDATIONS
Recognizing the operational need for agreed-upon priorities for the
disposal of oil spill debris, the following five recommendations, based
largely upon studies supported by the EPA Office of Research & Development,
and agreed to by Truett DeGeare and Alfred Lindsey of the Office of Solid
Waste, are offered:
1. Sound technology for the land disposal of oily wastes does exist
today (see References 1 and 2 below).
2. The recommended disposition of oily wastes (in order of
priority) is:
a. reclaim as much oil from the waste, and use directly as
much of the oily waste itself, as possible; and
b. where air pollution standards can be met, thermally
oxidize (i.e. - burn, incinerate, pyrolyze, etc.) the
remaining oily debris; or
c. where debris size permits, land cultivate (i.e. - aerobic
microbially decompose) the remaining oily debris; or
d. employ very long term anaerobic storage (e.g. - sanitary
landfill or direct burial), together with adequate ground-
water quality monitoring. Since fine grained soils (e.g. -
clays and silts) have more surface area per unit weight
and more sorptive capacity than coarse grained soils (e.g. -
sand and gravel), long term storage sites should be located,
wherever possible, on fine grained soil. Where poor soil
conditions may result in hydrogeologic connection to
groundwater, leachate collection and treatment shall be
employed.
3. The groundwater must not be polluted either by the material
disposed of, or by its decomposition products.
4. Vegetation for direct or indirect human consumption should not
be grown on a land cultivation site or a sanitary landfill or
37
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a burial site, unless it can be proven that no health risks
will result.
5. Regulations now being developed for implementing the Resource
Conservation and Recovery Act of 1976 will require either a
Federal or a State permit for disposal of materials deemed
hazardous.
References:
1. Oil Spill: Decisions for Debris Disposal (Vol. I and II), EPA-
600/2-77-153 a & b, 1977. U.S. Environmental Protection Agency
Cincinnati, Ohio.
2. Land Cultivation of Industrial Wastes and Municipal Solid Wastes:
State-of-the-Art Study, U.S. Environmental Protection Agency
Report (in preparation).
John S. Farlow (IERL) and Rober Landreth (MERL)
38
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APPENDIX B
STATE LEGISLATIVE ANALYSES
These analyses of legislation relating to several policy areas
relating to oil spill debris disposal were provided by the states of
Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, New York,
and New Jersey for this workshop. A consideration of them will indicate
the amount of similarity (or dis-similarity) among their legislative
mandates.
39
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TABLE B-l. STOCKPILING. TRANSPORTATION AND DISPOSAL OF OIL DEBRIS
State: Maine
Contact: Marc Guerin, State of Maine DEP, State House, Augusta, ME 04333.
POLICY AREA
Disposal of Oily Debris (Existing and Future Sites)
A. Incineration
B. Land application
C. Landfills
Stockpiling of Oily Debris
APPLICABLE LAWS, REGULATIONS, POLICY
A. Open Buring 38 MRSA Chapter 4 §599
B. Site Location of Development Title 38 MRSA Chapter 3 §481.
Amendment to the Septic-Tank and Cesspool Waste Act 30 MRSA
Chapter B-A §1321.
C. Solid Waste Disposal Areas Location Title 38 Mrsa Chapter §421.
Site Location of Development Title 38 MRSA Chapter §481.
Pollution and corruption of waters and lands of the State prohibited
Title 38 MRSA Chapter 3 §543.
ADMINISTERING AGENCY
A. DEP - Air Bureau, Local Fire Departments.
B. DEP - Land Bureau and Solid Waste
C. DEP - Solid Waste and Land Bureau
DEP - Division of Oil Conveyance Services - Bureau of Water Quality
Control.
PENDING LEGISLATION
None
40
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REMARKS
(Such as conflicting local ordinances)
No conflicting ordinances.
Difficult to find correct soils, maintain necessary temperatures.
Sites would have to be engineered.
To date - very little private interest.
Oil contamination of all waters of State is prohibited including ground-
water.
APPLICABLE LAWS. REGULATIONS. POLICY
1. Alteration of Coastal Wetlands Title 38 MRSA Chapter 3 Article 5
§471.
2. Great Ponds Alterations Title 38 Chapter 3 §422.
3. Public Law 353 Amendment to the Septic Tank and Cesspool Waste Act
30 MRSA Chapter 13-A §1321.
4. Solid Waste Disposal Areas; Location Title 38 Chapter 3 §421.
5. Removal of Prohibited Discharges Title 38 Chapter 3 §548.
ADMINISTERING AGENCY
DEP - Land Bureau. DMR - Coastal Wardens State Planning
DEP - Water Bureau Inland Fish & Game Wardens
Solid Waste Division - DEP Bureau of Land Quality Control
DEP - Solid Waste
DEP - Oil Conveyance
PENDING LEGISLATION
Guidelines in the process of development.
Rewrite of Solid Waste Operating-Regulations.
REMARKS
Emergency situation generally associated with spills, overrides the need
for permits, but when time is available a permit is obtained.
41
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Some differences among municipalities.
Spiller pays all fees including disposal costs - strict liability.
Regarding transportation of Oily Debris to Disposal Sites, some munici-
palities have ordinances concerning transportation of leaking materials
from dump truck bodies - no complete list of these municipalities is
available.
42
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TABLE B-2. STATE LAWS, REGULATIONS, AND POLICY GOVERNING THE STOCKPILING,
TRANSPORTATION. AND DISPOSAL OF OILY DEBRIS
State: New Hampshire
Contact: Thomas L. Sweeney, Chief, Bureau of Solid Waste, Department of
Health & Welfare, State Laboratory Building, Hazen Drive, Concord,
New Hampshire 03001, 603-271-2605 or
Mark J. Chittum, Coastal Resources Management Program, Office
of Comprehensive Planning, 26 Pleasant Street, Concord, New
Hampshire 03079, 602-271-2155
Policy Area
Stockpiling of Oily Debris
Applicable Laws, Regulations. Policy
1. Unclear — possibly RSA 147:25 "Public Dumps" and/or RSA 147:30-a
Private Disposal Site
2. RSA 146-A "Oil Spillage in Public Waters
Administering Agency
1. Department of Health and Welfare, Division of Health Services,
Bureau of Solid Waste
2. New Hampshire Water Supply and Pollution Control Commission
Remarks (such as conflicting local ordinances)
1. Use of this law to govern stockpiling of oily debris is contingent
on the interpretation that a short-term stockpiling operation is
either a public or private dump.
To certify either a private or public dump application must be
made by the selectmen, board of health or corresponding public
agency. This implies that the municipality has initial approval
authority.
2. WSPCC has power to order owner of stockpiled debris to cease
pollution of ground or surface water by oil, if they can prove it.
Policy Area
Transportation of Oily Debris to Disposal Sites
Applicable Laws, Regulations, Policy
1. RSA 249:51 "Spillage of Materials"
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2. RSA 147:30f "Waste from Out-of-State"
Administering Agency
1. NH Public Works and Highways
2. Division of Health Services, Bureau of Solid Waste
Remarks (such as conflicting local ordinances)
1. No vehicle shall be driven or moved on any highway unless such
vehicle is so constructed or loaded as to prevent any of its
load from dropping, sifting, leaking or otherwise escaping.
2. Disposal of waste matter originating from out-of-state is
prohibited.
Policy Area
Disposal of Oily Debris
a. Incineration
b. Land application
c. Landfills
d. Open burning
Applicable Laws, Regulations, Policy
a. Existing air pollution laws
b. Unclear
c. RSA 147:25 "Public Dumps" and RSA 147:30a "Private Disposal Sites"
d. Existing air quality laws
Administering Agency
a. Air Pollution Control Agency
c. Division of Health Services, Bureau of Solid Waste Management
d. Air Pollution Control Agency
pending Legislation
Comprehensive legislation governing disposal of solid and hazardous
wastes will be submitted to the next session of the legislature.
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Remarks (such as conflicting local ordinances)
a. Local and regional incinerator developments coordinated with
Bureau of Solid Waste
c. State approves dump upon application from local municipality
d. The Air Pollution Agency will give an emergency permit to burn
oily debris
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TABLE B-3. STATE OF VERMONT
Contact Person: Don Marsh, Air and Solid Waste Division, Agency of
Environmental Conservation, State Office Building,
Montpelier, VT 05602, 802-828-3395
Policy Area
I. Stockpiling of Oily Debris
A. Applicable Laws, Regulations, Policy
Vermont Statutes Annotated (1977) Title 10, Chapter 159
Solid Waste Management Section 6606
Section 6606. Hazardous waste certification
a. No person shall store, transport, treat, or dispose of
any hazardous waste without first obtaining certification
from the secretary for such facility, site or activity.
Certification shall be valid for a period not to exceed
five years.
b. Certification for land treatment and disposal of hazardous
waste shall include a statement of manner of compliance
with all requirements in section 6605 (b) pertaining to
sanitary landfills in addition to the following:
1. Identification of all hazardous wastes to be handled
at the facility, including but not limited to, the
expected amounts of each type of waste in the form
in which it will be accepted;
2. Detailed descriptions of all treatment processes and
technologies and provisions to insure that these
processes are carried out in accordance with the
designed plan;
3. Proposed final disposal and perpetual care for all
residuals solid, semi-solid, and liquid generated
by the treatment facility;
4. Evidence of liability insurance, in amounts as the
secretary may determine to be necessary for the
protection of the public health and safety and the
protection of the environment;
5. Evidence of financial responsibility in such form
and amount as the secretary may determine to insure
that, upon abandonment, cessation, or interruption of
the operation of the facility or site, all appropriate
46
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measures are taken to prevent present and future damage
to the public health and safety and to the environment;
6. Evidence that the personnel employed at the hazardous
waste treatment or disposal facility or site have met
such qualifications as to education and training as
the secretary may determine to be necessary to assure
the safe and adequate operation of the facility or
site.
B. Administering Agency
Agency of Environmental Conservation
State Office Building
Montpelier, Vermont 05602
C. Pending Legislation
None
D. Remarks
If considered to be hazardous there may be additional local or
state regulations.
II. Transportation of Oily Debris to Disposal Sites
A. Applicable Laws, Regulations, Policy
Vermont Statutes Annotated (1977) Title 10, Chapter 159 Solid
Waste Management Section 6606 (See I. Stockpiling of Oily Debris
Sec. 6606)
B. Administering Agency
Agency of Environmental Conservation
State Office Building
Montpelier, Vermont 05602
in conjunction with: Transportation Agency
C. Pending Legislation
None
D. Remarks
If considered to be hazardous there may be additional local or
state regulations
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III. Disposal of Oily Debris (Existing and Future Sites)
A. Incineration
1. Applicable Laws, Regulations, Policy
Vermont Statutes Annotated (1977) Title 10 Chapter 23,
Air Pollution Control (copy of regulations enclosed)
2. Administering Agency
Agency of Environmental Conservation
State Office Building
Montpelier, Vermont 05602
3. Pending Legislation
4. Remarks
Applicable in all cases
B. Land Application
1. Applicable Laws, Regulations, Policy
Vermont Statutes Annotated (1977) Title 10 Chapter 159
Solid Waste Management Section 6605
Sec. 6605 Treatment and disposal facility certification
a. No person shall construct, substantially alter, or
operate any treatment or disposal facility without
first obtaining certification from the secretary for
such facility, site, or activity. Certification shall
be valid for a period not to exceed five years.
b. Certification for a sanitary landfill shall:
1. Specify the location of the sanitary landfill
including limits on its horizontal and vertical
development;
2. Require proper operation and development of the
sanitary landfill in accordance with the engineering
plans approved under the permit;
3. Specify the projected amount and types of waste
material to be disposed of at the sanitary landfill;
4. Specify the type and numbers of suitable pieces
of equipment that will operate the landfill properly;
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5. Obtain provisions for ground and surface water
monitoring throughout the life of the site and for
a reasonable time after closure of the site;
6. Contain such additional conditions, requirements,
and restrictions as the secretary may deem necessary
to preserve and protect the ground and surface
water quality in the vicinity of the sanitary land-
fill. This may include, but is not limited to,
requirements concerning reporting, recording, and
inspections of the operation of the site.
2. Administering Agency
Agency of Environmental Conservation
3. Pending Legislation
None
4. Remarks
Applicable in all cases
Landfills
1. Applicable Laws, Regulations, Policy
Vermont Statutes Annotated (1977) Title 10 Chapter 159
Solid Waste Management Section 6605 (See B. Land application
above)
2. Administering Agency
Agency of Environmental Conservation
3. Pending Legislation
None
4. Remarks
Applicable in all cases
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TABLE B-4. STATE LAWS, REGULATIONS AND POLICY GOVERNING THE STOCKPILING,
_____ TRANSPORTATION AND DISPOSAL OF OILY DEBRIS
State: Massachusetts
Contact: Sharon Alexander, Massachusetts Office of Coastal Zone Management,
100 Cambridge Street, Boston, MA 02202, 617-727-2808
POLICY AREA - STOCKPILING OF OILY DEBRIS
I. Laws, Regulations and Administering Agency
Chapter 21 of the Massachusetts General Laws includes:
a. Rules for the prevention and control of oil pollution in the
Commonwealth. These rules were adopted by the Division of
Water Pollution Control (DWPC) and cover the prevention and
control of discharges, spillage, etc. of oil into the Waters
of the Commonwealth.
b. Hazardous Waste Regulations of 1973, adopted by the Hazardous
Waste Board and the Water Resources Commission, to be imple-
mented by the Division of Water Pollution Control. These regu-
lations give DWPC the responsibility to issue licenses to oil
cleanup contractors and to oversee stockpiling activities.
II. Policy and Issues
DWPC locates temporary sites for stockpiling of oily debris. Often,
these are located on beaches, just above the high tide line. Such
sites are only appropriate for very short-term storage. In situations
where location of an ultimate disposal site is a problem, stockpiling
on beaches is not acceptable. In the past, such areas as state beach
parking lots and federal seashore land have been used for stockpiling,
with storage in 55 gallon drums. Use of these sites requires
individual, time-consuming negotiations with Federal and State Forest
and Parks officials, and/or local fire departments, Boards of Select-
men, Boards of Health, shellfish officers and harbormasters. In
addition, Forest and Parks officials have major problems with the
future use of these areas for stockpiling because they fear that the
drums will not be removed from the sites in a timely manner. Thus,
there are two issues. DWPC wants pre-designated storage sites or
at least an easier arrangement for acquiring use of sites. On the
other hand, other agencies want assurances of ultimate disposal
sites prior to giving consent to temporary storage on state or federal
property.
POLICY AREA - TRANSPORTATION TO DISPOSAL SITES
I, Laws, Regulations and Administering Agency
DWPC has the responsibility, through the Hazardous Waste Regulations,
50
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to issue licenses and inspect vehicles of cleanup contractors. It
is the contractors who do the actual cleanup, transport, and disposal
operations, under DWPC supervision.
II. Policy and Issues
Contractors have never had to obtain local permits for the transport
of oily debris. However, M.G.L. Chapter 111 provides that if a local
Board of Health decides that the oily debris can be considered an
"offensive substance", it may require a local permit or require modi-
fication of transport activities.
POLICY AREA - DISPOSAL OF OILY DEBRIS (EXISTING AND FUTURE SITES)
I. Laws, Regulations and Administering Agency
In Massachusetts, the private cleanup contractor is responsible for
locating disposal sites which meet state regulations. DWPC inspects
the disposal activities to ensure compliance. DWPC likes this systems,
as opposed to one in which the polluter is responsible for finding
and funding a site. In the latter case, the state would have much
less control over the polluter than it now has over the contractor,
who is licensed and inspected by DWPC.
State disposal authority is combined among several agencies depending
upon the disposal method chosen.
(a) The Hazardous Waste Regulations, section 5.1, administered by
DWPC say that "land spreading and incineration of waste oils
will be permitted only if it is shown that reprocessing or direct
use is not feasible or practical and if such methods meet all
applicable environmental standards."
(b) Hazardous Waste Regulations, section 3.2 say "no person shall
operate a waste disposal facility, landfill site or storage facility
for hazardous wastes without having obtained a license from DWPC."
Also, any land disposal site is subject to Department of Environmen-
tal Quality Engineering (DEQE) review, administered by the Division
of Air and Hazardous Materials (DAHM).
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Open pit burning of oily debris is not allowed.
II. Policy and Issues
A. Incineration
There are presently no facilities in Massachusetts equipped to
burn oily debris. Modifications in existing facilities or the
construction of new facilities would be required. There seems
to be insufficient motivation, for private enterprise to upgrade
its incineration facilities. There is also the question as to
whether state or federal funding for needed improvements is
appropriate in private facilities. Possibly, state-owned faci-
lities should be developed, though this option is not preferred.
Use of portable burners for on-site incineration would be accept-
able to DAHM if less than 3,000,000 BTU's per hour are burned
or if wind conditions were favorable. However, DWPC, whose approval
is also required, fears that in many cases, portable burners
might not adequately incinerate oil mixed with seaweed and sand.
All open burning would also have to go through local fire department
approval.
B. Land Application
DWPC and DAHM have reservations as to the safety of this disposal
method, in regard to groundwater contamination. Also at issue
is the required extra handling and expense involved in this disposal
method; for instance, the need for storage of debris until favorable
seasonal conditions.
C. Landfills
DWPC has no designated sites for land disposal of oily debris,
aside from sanitary landfills (which must also be approved by
DEQE). At present, there are no sanitary landfills approved
by DEQE for such disposal due to a combination of unsuitability
of sites, lack of liner and leachate collection system, and lack
of town request that the landfill be designated to receive oily
wastes (since such a request is required under DEQE regulations).
DEQE policy requires segregation of hazardous wastes from house-
hold refuse in land disposal. The disposal site must be lined
and covered with impervious material following deposition of
the hazardous waste. Plans, prepared by an engineer, must be
submitted to both DWPC and DEQE prior to the licensing of a site
for hazardous waste disposal. Due to this catch-22 situation,
cleanup contractors have been taking oily debris out of state
for disposal in Rhode Island or New Hampshire. This policy will
soon be illegal under federal law.
52
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Thus, there are severe problems in Massachusetts associated with
the location and use of permanent disposal sites. Firstly, there
is a conflict involved in the coordination of DAHM and DWPC
approvals. Secondly, there is a problem in coordination between
the state and local governments over the use of sites. Thirdly,
there seems to be a need for funding for towns to upgrade land-
fills to meet DEQE regulations, or new sites should be located
and developed which will be acceptable for oily debris disposal.
III. State Funding and Development of Future Disposal Sites
A. Laws, Regulations and Administration
While DWPC and DAHM share authority for disposal, DEM Bureau of
Solid Waste Disposal has the authority and funding to plan and
implement disposal facilities and to acquire disposal sites, under
M.C.L. Chapter 16 (Solid Waste Disposal Act). Though there is
some question as to whether "solid waste" includes oily debris
and hazardous wastes, this questions is presently undergoing
clarification in the state legislature.
B. Issues
OEM's limitations are that:
(1) while bond issue dollars are available for financing, they
must be paid back through user charges;
(2) it has been impossible to get local acceptance of sites
designated for hazardous waste disposal; and
(3) although the Bureau of Solid Waste Disposal has the power
of eminent domain to site a disposal facility, it is
politically difficult to use.
PENDING LEGISLATION
It is Massachusetts' understanding that the federal Resource
Conservation and Recovery Act of 1976 is supposed to develop a
hazardous waste disposal permit system and standards for disposal
sites, which should aid Massachusetts.
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TABLE B-5. STATE LAWS, REGULATIONS AND POLICY GOVERNING THE STOCKPILING
TRANSPORTATION AND DISPOSAL OF OILY DEBRIS
State:Rhode Island
Contact: John Quinn, Department of Environmental Management,
83 Park Street, Providence, RI 02903, 401-277-2808
POLICY AREA
I. Stockpiling of Oily Debris
II. Transportation of Oily Debris to Disposal Sites
III. Disposal of Oily Debris (Existing and Future Sites)
A. Incineration
B. Land application
C. Landfills
APPLICABLE LAWS, REGULATIONS, POLICY
I. 23-46.2, No regulations yet
II. 23-46.2, No regulations yet
1. Title 23, Chapter 46, Department of Environmental Management set
standards for local solid waste facilities.
2. Management Regulations under 23-46 effective 16 March 1975 require
DEM approval of any septic waste, sludge chemical waste, hazardous
material disposal methods (5.4.5).
3. Licensing regulations effective 11 December 1975 require new
facilities to show how special wastes will be disposed and pro-
cedures for handling hazardous waste.
4. New regulations not presently in hand.
ADMINISTERING AGENCY
I. Department of Environmental Management
PENDING LEGISLATION
I. None
REMARKS
I. No regulations
54
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December 28, 1977
Mr. Russell Wilder
New England River Basins Commission
53 State Street
Boston, Massachusetts 02109
Dear Mr. Wilder:
Attached is a completed form stating the laws, regulations and policies,
which pertain to the transportation and disposal of oily debris. In
addition please find a summary of similar information which was presented
at the Regional Response Team meeting held at Governor's Island, December
15, 1977.
Financial responsibility for the transportation and disposal of oil
debris is that of the spiller. In the event that the person responsible
for the spill is unknown, there are limited clean-up contingency funds
currently available. Starting April 1, 1978 a lc/barrel license fee will
be imposed on petroleum products when first transferred in the State. This
money will be used to fund clean-up and disposal expenses when the person
responsible is unknown or does not act promptly. In all cases the State
would seek to determine the person responsible for the spill and recover
expenses.
If you have any further questions regarding oil spill debris disposal,
please contact me at (518) 457-7360.
Sincerely,
Ronald E. Maylath
Associate Sanitary Engineer
Att.
55
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POLICY
I. Stockpiling of oily debris
II. Transportation of oily debris to disposal sites
APPLICABLE LAWS, REGULATIONS, POLICY
I. No laws or regulations apply specifically. In that stockpiled oily
debris may cause or threaten to cause a contravention of standards
established for waters in N.Y.S., this activity may be regulated to
prevent stockpiles of oily debris from becoming a source of pollution
in themselves.
II. All waste haulers in NYS must be registered as provided for in Environ-
mental Conservation Law §27-0301 and N.Y. Code of Rules and Regulations
Part 364.
ADMINISTERING AGENCY
NYSDEC
PENDING LEGISLATION
None
REMARKS
Regulations require that a waste hauler indicate the equipment, holding
tanks, and vehicles to be used, and the place or places where and the
manner in which the hauler will finally dispose of waste products into
the waters or land areas (public and private) of the State. (Each
use of the site will require specific prior approval by NYSDEC). Annual
summary reports are required that indicate the number and type of
installations emptied or cleaned, the volume and nature of waste
products disposed of, and the place and manner in which such waste was
disposed.
POLICY
I. Disposal of Oily Debris
APPLICABLE LAWS, REGULATIONS, POLICY
I. ECL §27-0301 NYCRR Parts 360 and 364 Chapter 1810 NYSDEC Policies
and Procedures Manual
ADMINISTERING AGENCY
NYSDEC
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PENDING LEGISLATION
None
REMARKS
NYSDEC regulations state that no liquid oil or oil/water mix may be
deposited at any landfill in New York State. Any oil used for road
oiling and/or dust control must be shown to contain less than 5 p.p.m.
of PCB's. It is policy that use of sorbents is limited to final clean
up in order to avoid the production of large quantities of oil-soaked
debris.
Whenever possible, recovered oil or oil/water mix will be processed
for recycling. A second best alternative would be to process for
incineration.
Whenever possible, recovered oil soaked debris will be: (in order
of preference)
1. recycled
2. incinerated at municipal or industrial facility
3. natural degradation by proper land application
4. landburial in a secure land burial site. See NYSEC Part 260.
5. sanitary landfill
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STATE OF NEW JERSEY
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Rocco D. Ricci, Commissioner
P.O. Box 1390
Trenton, N.J. 08625
609-292-2885
RULES CONCERNING DISCHARGES OF
PETROLEUM AND OTHER HAZARDOUS SUBSTANCES
Docket No. DEP 004-77-01
I, Rocco D. Ricci, Commissioner of the Department of Environmental Pro-
tection, propose to adopt comprehensive rules to implement the Spill
Compensation and Control Act, P.L. 1976, c.141. This document is known
within the Department as DEP 004-77-01.
Regulations were first proposed on February 10, 1977 at 9 N.J.R. 68(c).
After a series of public meetings, it became apparent that further work
would have to be done in order to assure that the Act was implemented in
an efficient and equitable manner. Accordingly, I adopted interim rules
and directed Steven J. Picco of my staff to form a task force comprised of
industrial, business and environmental representatives to develop a new
proposal. The task force has completed its work. I congratulate those
involved for their contribution of time and effort in this important
undertaking.
The task force recommendation, which I propose to adopt, is a highly
technical document establishing standards for discharge notification,
response, cleanup and prevention. Persons wishing to obtain a copy of
the proposal may do so by writing:
Steven J. Picco, Chief
Office of Regulatory and Governmental Affairs
Department of Environmental Protection
P.O. Box 1390
Trenton, New Jersey 08625
Because of the importance of this proposal, a public hearing will be held
on February 1, 1978 at 10 a.m. in the Auditorium of the State Museum,
205 West State Street, Trenton, New Jersey.
Persons wishing to submit comments may do so in writing on or before
February 15, 1978 to Mr. Picco at the above address. The Department may
thereafter adopt this proposal substantially as proposed.
DATE December 16, 1977
Rocco D. Ricci, P,E.
Commissioner
58
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CHAPTER IE
DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES
SUBCHAPTER 1. GENERAL PROVISIONS
7:1E-1.1 Authority
These regulations are promulgated pursuant to N.J.S.A. 58:10-
23.11 (P.L. 1976, c. 141), and N.J.S.A. 13:1D-1 et seq.
7:13-1.2 Scope
These regulations cover every discharge of petroleum and other
hazardous substances excepting those pursuant to and in compliance
with the conditions of a valid Federal or State permit. The notification
procedure at N.J.A.C. 7:1E-2.1 applies to the discharge of any
hazardous substance in quentities or concentrations which will or
may result in damage to lands, waters or natural resources within
the jurisdiction of the State. These regulations set forth guide-
lines and procedures to be followed by all persons in the event of
a discharge of petroleum or other hazardous substance. They also
set forth certain reporting, design and maintenance requirements
for major facilities which handle petroleum or other hazardous
substances. For other regulations under N.J.S.A. 58:10-23.11 (P.L.
1976, c. 141), see Title 18 of the New Jersey Administrative Code
(Department of the Treasury - Taxation).
7:1E-1.3 Definitions
The following words and terms, when used in this Chapter,
shall have the following meanings unless the context clearly indicates
otherwise.
(a) "Cleanup and Removal Activities" means actions to remove a
discharge of a hazardous substance or the source thereof or to chemi-
cally neutralize the substance, or to prevent or mitigate any harm-
ful effects the substance may have upon waters, lands, natural re-
sources or upon public health, safety or welfare.
(b) "Cleanup and Removal Costs" means all costs associated with a
discharge incurred by the State, its political subdivisions or their
agents or any person with written approval of the Department, in the
1) removal or attempted removal of hazardous substances or 2) taking
of reasonable measures to prevent or mitigate damages to the public
health, safety, or welfare, including, but not limited to, public and
private property, shorelines, beaches, surface waters, water columns
and bottom sediments, solid and other affected property, including
wildlife and other natural resources.
(c) "Commissioner" means the Commissioner of Environmental Protection.
59
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(d) "Containment" or "Containment Activities" mean actions to limit
or prevent the spread of a discharged hazardous substance.
(e) "Department" means the Department of Environmental Protection.
(f) "Discharge" means any intentional or unintentional action or
omission resulting in the releasing, spilling, leaking, pumping,
pouring, emitting, emptying or dumping of hazardous substance into
the waters of the State or onto lands from which it might flow or
drain into said water, or into waters outside the jurisdiction of the
State when damage may result to the lands, waters or natural resources
within the jurisdiction of the State, excepting discharges pursuant to
and in compliance with the conditions of a valid Federal or State per-
mit.
(g) "Discharge Cleanup Organization" means an organization or associ-
ation that engages in or intends to engage in cleanup and removal
activities.
(h) "Division" means the Division of Water Resources in the
Department, P.O. 2809, Trenton, New Jersey 08625.
(i) "Facility" means any place or equipment that is used to refine,
produce, store, hold, handle, transfer, process or transport hazardous
substances.
(j) "Hazardous Substances" include:
A. Petroleum and petroleum products
B. All pesticides designated as "prohibited", "restricted"
or "specially restricted" pursuant to New Jersey Pesticide
Control Act of 1971 (N.J.S.A. 13-.1F-1 et seq.) at N.J.A.C.
7:30-1.5 thru 1.7 (Appendix A).
C. Substances identified as hazardous by the Federal Environ-
mental Protection Agency at 40 FR 59961, December 30, 1975
proposed pursuant to Section 311 (b) (2) (A) of the Federal
Water Pollution Control Act Amendments of 1972, 33 USC
1251 et seq. (Apendix B).
(k) "Major Facility" means any facility having total combined above-
ground and buried storage capacity of 400,000 gallons or more, or an
appropriate equivalent measure as set by the Director of the Division
of Taxation in the Department of the Treasury for hazardous substances
which are other than fluid or which are not commonly measured -by the
barrel. A vessel shall be considered a major facility only when
hazardous substances are transferred between vessels. For the purposes
of this definition, "storage capacity" shall mean only that capacity
which is dedicated to, used for, or intended to be used for storage
of the hazardous substances listed in N.J.A.C. 7:lE-1.3(j).
60
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(1) "Natural Resources" means all land, fish, shellfish, wildlife,
biota, air, waters and other such resources owned, manage, held in
trust or otherwise controlled by the State.
(m) "Owner or Operator" means with respect to a vessel, any person
owning, operating or chartering by demise such vessel; with respect
to any other facility, any person owning such facility, or operating it
by lease, contract or other form of agreement; with respect to aban-
doned or derelict facilities, the person who owned or operated such
facility immediately prior to such abandonment, or the owner at the
time of discharge.
(n) "Person" means public or private corporations, companies,
associations, societies, firms, partnerships, joint stock companies,
individuals, the United States government, the State of New Jersey
and any of its political subdivisions or agents.
(o) "Person in Charge of a Facility" means any person who has oper-
ating responsibility for a facility from which a discharge occurs at
the time of the discharge.
(p) "Person Responsible for Causing a Discharge" means a person
whose action or omission results in the discharge of a hazardous
substance.
(q) "Petroleum" or "Petroleum Products" means oil or petroleum
of any kind and in any form including, but not limited to, oil,
petroleum, gasoline, kerosene, fuel oil, oil sludge, oil refuse,
oil mixed with other wastes and crude oils.
(r) "Sewage" means domestic sewage including the contents and efflu-
ents of septic tanks, public sewer systems and public sewage treat-
ment plants.
(s) "Sewage Sludge" means the dried or semi-liquid residue of
a sewage treatment process.
(t) "Spill" or "Spillage" means any escape of hazardous substances
from the ordinary containers employed in the normal course of storage,
transfer, processing or use. A "spill" becomes a "discharge" only
when hazardous substances reach waters of the State or lands from which
they might flow or drain into said waters. See 7:lE-1.3(f).
(u) "Transmission Pipeline" means a pipeline which is a major
facility and through which petroleum products or other hazardous
substances are transported, together with the appurtenances
associated with the functioning of the pipeline.
(v) "Vessel" means every description of watercraft or other con-
trivance that is practically capable of being used as a means of
commercial transportation of hazardous substances upon the waters,
whether or not self-propelled.
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(w) "Waters" means the ocean and its estuaries to the seaward limit
of the State's jurisdiction, all springs, streams and bodies of surface
or groundwater, whether natural or artificial, within the boundaries
of this State.
7:1E-1.4 Access
The owner or operator of a facility shall provide access to the
facility to the Department during normal working hours and at any
time when a discharge has occurred or appears imminent. The Depart-
ment may take samples, photographs and statements of fact, and may
make a general inspection to determine if the facility is in compli-
ance with these regulations.
7:1E-1.5 Liberal Construction
These regulations, being necessary to promote the public health
and welfare, shall be liberally construed in order to permit the
Commissioner and the Department to effectuate the purpose of the law.
7:1E-1.6 Waiver
The Department, when it determines that the application of these
rules would impair expeditious containment or cleanup and removal
of discharges or endanger life, health or safety, may waive any provision
of these rules.
7:1E-1.7 Relationship to Federal and State Law
These regulations are not intended to and do not relieve any
person of the duty to comply with all other valid governmental regu-
lations governing activities regulated hereunder, including regula-
tions of the Department of Environmental Protection, Department of
the Treasury and other appropriate State, Federal and local agencies.
7:1E-1.8 Severability
If any section, subsection, provision, clause, or portion of
these regulations is adjudged invalid or unconstitutional by a court
of competent jurisdiction, the remainder of these regulations shall
not be affected thereby.
7:1E-2.1 Notification of Discharges
(a) As used in this subchapter, "reportable discharge" means any
discharge of any hazardous substance which is in such quantity or
concentration as may be harmful or which poses a forseeable risk of
harm to public health or welfare, or to natural resources.
(b) The owner or operator or person in charge of any facility from
which a reportable discharge occurs, or any other person responsible
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for causing a reportable discharge, shall immediately notify the Depart-
ment at telephone number (609) 292-5560 during business hours or (609)
272-7172 at all other times. If a call to the first number is not
answered, then the second number shall be called.
(c) A person who notifies the Department pursuant to paragraph (a)
shall report the type of substance and the estimated quantity dis-
chaTged, if known; the location of the discharge; actions the person
reporting the discharge proposes to take to contain, clean up and
remove the substance, if any, and any other information concerning the
discharge which the Department may request at the time of notification.
(d) A copy of these notification requirements, printed in a con-
spicuous format, shall be displayed in a prominent place on the bridge
or pilot house of any vessel which is ordinarily docked in this State,
and at any transfer area of an onshore or offshore facility.
7:lE-2.2 Confirmation of Notification: Report
(a) The owner or operator of a facility from which a discharge of a
hazardous substance has occurred shall send to the Division written
confirmation of the notification of discharge within 60 days after
giving notice to the Department as described above. Confirmation shall
include a description of the discharge incident, including the source
of the discharge, if known; a description of the measures taken to
clean up and remove the discharge and any steps planned or already
taken to prevent a recurrence of the discharge incident.
(b) In the case of a major facility, a submission pursuant to N.J.
A.C. 7:lE-4.24 will be deemed to fulfill the requirements of this
section.
(c) Confirmation letters shall be sent to:
Department of Environmental Protection
Division of water Resources
P.O. Box 2809
Trenton, New Jersey 08625
ATTENTION: Discharge Confirmation
7:lE-2.3 Discharge Response
(a) Upon learning that a discharge of hazardous substance or any
other substance has occurred, the Department shall act to contain,
clean up and remove the discharge of any substance which the Depart-
ment has specifically designated as hazardous in N.J.A.C. 7:lE-1.3(j),
unless it determines that such action will be done properly and expedi-
tiously by the owner or operator of the facility or source from which
the discharge occurred, or by any other authorized person.
(b) The owner or operator of a facility from which a discharge has
occurred, or any person responsible for causing a discharge, shall
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attempt to stop the discharge and shall take reasonable containment
measures to the extent he is capable of doing so.
(c) The owner or operator of a facility from which a discharge has
occurred may take immediate measures to clean up and remove the
discharge, except that he may not apply chemicals without the prior
approval of the Division or the Federal On-Scene coordinator under
the National Contingency Plan pursuant to 40 CRF Part 1510. Appli-
cation of neutralizing agents, if done in comformity with an approved
DCR plan approved by the Division, shall be considered to have the
prior approval of the Division. Unauthorized use of chemicals shall
be regarded as a prohibited discharge.
(d) The Department in its discretion may observe, supervise or parti-
cipate in any aspect of containment or cleanup and removal activities.
In the exercise of its supervisory power, the Department may order any
person to cease operations if it determines that the person is not cap-
able of properly containing, cleaning up or removing a discharge, or
if that person fails to conduct cleanup operations in a proper and
expeditious manner. All actions of the Department shall, to the
greatest extent possible, be consistent with the National Contingency
Plan for removal of oil and hazardous substances, 40 CRF Part 1510.
SUBCHAPTER 3. DISCHARGE CLEANUP ORGANIZATIONS
7:1E-3.1 Scope
This subchapter applies to all persons who engage or intend to
engage in the cleanup and removal of discharges of hazardous substances,
excepting owners or operators of major facilities covered by DCR Plans
who intend to clean up only discharges from their own facilities. The
coverage of this subchapter includes commercial cleanup contractors,
cooperatives and other mutual-assistance association.
7:lE-3.2 Information to be Filed with Division
(a) All persons who intend to engage in the cleanup and removal of
discharges of hazardous substances shall submit in writing to the
Division the following information:
(1) Name of the organization;
(2) Form of the organization (e.g. corporation, cooperative
association, etc.);
(3) Name(s) of executive officer(s):
(4) Mailing address of the organization;
(5) Address, telephone number and name of the manager of each
office maintained by the organization;
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(6) Name and address of the registered agent of the organization,
if applicable;
(7) A list of the containment and removal equipment owned, leased,
contracted or otherwise available for immediate response by
the organization, including but not limited to, vehicles,
vessels, pumps, skimmer, booms, chemicals, sorbents, hand
tools and communication devices, and the location(s) of
such equipment;
(8) Names of the trained personnel who are available to operate
such equipment and a brief description of their qualifica-
tions;
(9) Portions of the State where the organization will respond
to discharges.
SUBCHAPTER 4. MAJOR FACILITIES: PLANS, REPORTS AND STANDARDS
7:1E-4.1 Scope
This subchapter applies only to "major facilities" as defined
in N.J.A.C. 7:lE-1.3(k).
The Division will accept as a DPCC and DCR plan a plan prepared
in compliance with 40 CRF 112 where the provision of 40 CRF 112 are
designed to accomplish the same purposes as these regulations. Where
the State statute imposes additional mandates (i.e. groundwater pro-
tection) , the degree of performance required to meet those mandates
will be determined and will vary based on 1) the existing quality of
the groundwater at the facility site and, 2) the actual or intended
use of said groundwater.
7:lE-4.2 Definitions
The following words and terms, when used in this Subchapter,
shall have the following meanings unless the context clearly indicates
otherwise:
(a) "Impermeable Material" or "Impermeable Liner" means a layer of
natural and/or man-made material of sufficient thickness, density and
composition as to prevent the discharge into underlying groundwater
of any hazardous substances (or aqueous solutions thereof) for a period
at least as long as the maximum anticipated .time during which the
hazardous substances will be in contact with the material or liner, as
set forth in the DPCC plan.
(b) The words "shall" or "must" denote a mandatory requirement;
the word "should" denotes a method or practice which is recommended
but not required by the Department.
(c) "Best Practicable Technology" means:
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(1) Such technology as will best reduce the likelihood of a
discharge from the facility; and which
(2) Has been field-proven at the time of the Department's review,
and which
(3) Can be installed at a reasonable cost.
(d) "Secondary Containment and/or Diversion System" means any struct-
ures, devices or combinations thereof designed to prevent spills of
hazardous substances from becoming discharges.
7:lE-4.3 Information to be Filed with the Division
(a) The owner or operator of a major facility shall submit to the
Division the following information in addition to the information
required under sections 7:lE-4.4 and 7:lE-4.22:
(1) Name and location of the facility;
(2) Name(s) of the owner or operator of the facility;
(3) Name and address of the owner or operator's registered
agent;
(4) Storage and transfer capacity of the facility;
(5) The types of hazardous substances listed in N.J.A.C. 7:1E-
1.3(j) which are transferred, refined, processed or stored
at the facility, excepting small quantities used for research
or educational purposes only;
(6) Average daily throughput of the facility for each hazardous
substance;
(7) The source, nature of, and conditions of financial responsi-
bility for a discharge incident, established by any one of,
or a combination of the following:
A. Insurance
B. Qualification as a self-insurer
C. Surety bonds payable to the New Jersey Spill Com-
pensation Fund.
(b) The information required under this section and/or any other
section of this subchapter may be combined and sent to the Division
in a single transmittal. The DPCC and DCR plans required under sections
7:lE-4.4 and 7:1E-4.21 may be prepared and submitted as a single docu-
ment, which can also include the information required by this section.
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(c) The information required under this section shall be filed with
the Division immediately by any owner or operator of an existing major
facility which has not already done so, or prior to the operation of
a new major facility.
(d) Any substantial changes \n the information supplied under this
section shall be reported to the Division within 30 days.
(e) The information required under this section and any other section
of this subchapter shall be sent to:
Department of Environmental Protection
Division of Water Resources
P.O. Box 2809
Trenton, New Jersey 08625
ATTENTION: Spill Prevention
7:lE-4.4 Preparation and Submission of Plans
(a) The owner or operator of a major facility shall prepare a Dis-
charge Prevention, Containment or Countermeasure (DPCC) Plan and a
Discharge Cleanup and Removal (DCR) Plan in accordance with Sections
7:lE-4.4 and 7:lE-4.22. The DPCC and DCR Plans may be prepared and
submitted to the Division as a single document.
(b) The owner or operator of an existing major facility shall submit
a DPCC Plan and a DCR Plan to the Division within one year after the
effective date of this section, unless time is extended for good cause
shown. Unless time is extended by the Division, such additional in-
formation as the Division may require shall be submitted within thirty
days of receipt of the Division's request. Implementation of the
DPCC and DCR Plans shall begin as soon as possible, but not later than
one year after the Division's approval. The owner or operator shall
make a good faith effort to submit an acceptable plan to the Division
within one year after the effective date of this section. The Division
shall act to approve or deny approval of a complete submission of a
DPCC and/or DCR Plan within 90 days of receipt.
(c) The owner or operator of a new major facility shall submit a
DPCC Plan and a DCR Plan to the Division at least three months
prior to the anticipated operational date of the facility, and shall
implement the approved plans prior to operating the facility.
(d) Plans requiring construction of engineering works shall be
certified to and sealed by a licensed professional engineer pursuant
to N.J.S.A. 45:8-27 and 28. The Division shall not require certi-
fication to the installation of packaged facilities, discharge con-
tainment and cleanup equipment, minor construction or repiping.
(e) If Plans call for facilities, procedures, methods or equipment
not yet fully operational, these items shall be listed separately and a
schedule for installation and operational status shall be provided.
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Approval of the DPCC or DCR Plan may be conditioned on making such items
operational on a schedule acceptable to the Division.
(f) The Division shall review DPCC and DCR Plans for conformance
with the standards of this Subchapter. The Division shall state in
writing its reasons for denying approval of a plan or portion thereof.
(g) If the Division finds a Plan to be incomplete or denies its
approval of a Plan, the owner or operator shall have three months
within which to submit an acceptable Plan, unless the Division extends
the time for good cause shown.
(h) Two copies of a DPCC or DCR Plan shall be submitted to the
Division for approval. Copies shall be sent to:
Department of Environmental Protection
Division of Water Resources
P.O. Box 2809
Trenton, New Jersey 08625
ATTENTION: Spill Prevention
(i) The Division may inspect major facilities prior to approving DPCC
or DCR Plans and at reasonable times thereafter in order to ascertain
compliance with the plans. The Division shall give adequate notice
to the owner or operator prior to making any inspection, unless such
notice could reasonably be expected to result in concealment of a
violation.
7:lE-4.5 Discharge Prevention, Containment and Countermeasure (DPCC) Plans
(a) The DPCC Plan shall be prepared in accordance with good engineer-
ing practices and employ the best practicable technology, and shall have
the full approval of management at a level with authority to commit
the necessary resources.
(b) The DPCC Plan shall contain the following information:
1. Name and location of the facility.
2. Name(s) of the owner or operator of the facility.
3. Name and address of the owner or operators registered
agent.
4. General site plan of the facility, showing the locations of
bulk storage tanks (buried and above-ground), drum storage
areas, process buildings, regularly used transfer areas, and
any other structures in or on which hazardous substances are
stored or handled, or which are used for the prevention of
discharges of hazardous substances.
5. Drainage plans of the facility, including the location of all
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major sewers, storm sewers and all watercourses into which
surface water runoff from the facility drains.
6. Anticipated date on which the facility will become opera-
tional, if the facility is a new one.
(c) If the facility has experienced two or more reportable discharge
events within the previous twelve months, the DPCC Plan shall include
a description of each such event, corrective action taken, and plans
for preventing recurrences.
(d) The DPCC Plan, in addition to the above requirements, shall con-
tain a brief description of the facility's approach to compliance
with the standards of sections 7:lE-4.6 through 7:1E-4.21 of these
regulations.
(e) In addition to the general site plan which must be submitted to
the Division as part of the DPCC Plan pursuant to'paragraph (b) 4,
the owner or operator shall maintain at the facility or other location
reasonably proximate thereto, detailed plans of the facility, including
locations of bulk storage tanks, drum storage areas, pipes, process
buildings, transfer areas, secondary containment systems and drainage
works. The owner or operator shall afford to the Department access
to such plans during normal business hours, upon prior notice, and
at any time when a discharge incident or imminent discharge necessi-
tates consulting the plans. The DPCC Plan shall indicate where such
plans are kept and the methods whereby the Department may gain access
to them during business hours and at all other times in case of an
emergency.
7:lE-4.6 Discharge Prevention - Policy
(a) This Subchapter shall be construed in light of the policies
expressed in this section.
(b) The purpose of the Department's discharge prevention regulations
is to encourage, and in certain respects to require, design and
maintenance standards at major facilities that will ensure against
discharges of hazardous substances.
(c) New major facilities and new construction at existing major
facilities will be required to meet the standards of this Subchapter
with the following exceptions and exemptions:
(1) Existing major facilities shall be exempt from such portions
of these regulations as particularly specified herein.
(2) The Department shall exempt an existing major facility from
any portion of these regulations if the owner or operator
demonstrates that meeting a particular requirement would
be impracticable or would not substantially contribute to
prevention of discharges.
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(3) The Department shall upon request grant an existing major
facility a reasonable period of time, in light of all cir-
cumstances including economic feasibility, to upgrade to
meet the standards of these regulations where required to
do so.
The Department shall state in writing its reasons for granting or deny-
ing any exemption. The Department may require of any major facility
which has been exempted from any requirement of these regulations the
installation of alternative prevention and/or detection devices such as
alarms, so as to minimize the chances of a discharge, and may, in
addition, require the owner or operator of such major facility to
demonstrate an enhanced ability to prevent expeditiously contain and/or
clean up and remove a discharge from the portion of the facility to
which an exemption has been granted.
(d) Whenever an existing major facility is exempted from any require-
ment of these regulations, the facility, so far as is practicable,
shall be upgraded over time to meet the standards required of new
facilities. The rate of such upgrading shall be proposed by the owner
or operator and be subject to review and approval by the Department.
The Department shall not require the reconstruction or replacement
of any existing structure except as that structure requires substan-
tial reconstructure or replacement in the normal course of use, unless
the Department can show that the structure presents an imminent
threat of causing a discharge. To the extent that retirement of
existing equipment or protions of a mjaor facility can be predicted, the
DPCC Plan shall include a schedule for upgrading that equipment or
portion of the facility to new facility standards. The Plan shall also
include a description of those portions or aspects of the major facility
that cannot be practicably upgraded over time, and the reasons therefor.
(e) The Department recognizes that the designs of major facilities
differ, and that therefore appropriate methods of discharge prevention
are necessarily site-specific. It is the intention of the Department
that the owners and operators of major facilities have the greatest
possible freedom to design and operate their facilities as they wish,
consistent with these regulations. Wherever in these regulations
a particular method of discharge prevention is mandated, the owner or
operator of a major facility may substitute an alternate method if
he can demonstrate to the satisfaction of the Department that such
alternate method will provide protection against discharges reasonably
equivalent to, or better than, the method it is intended to displace.
If the Department requires the installation of alternative prevention
and/or detection devices as mentioned in subsection (c), the owner or
operator shall propose the devices to be used, subject to the Depart-
ment's approval.
7:lE-4.7 Facility Drainage and Secondary Containment
(a) To the maximum extent practicable, all portions or areas of a
major facility in which hazardous substances are routinely stored, pro-
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cessed, or transferred shall be designed so that the largest probable
spill will be prevented from flowing, draining or leaching into the
waters of the State.
(b) Appropriate secondary containment and/or diversionary structures
to prevent spilled hazardous substances from reaching waters of the
State may include any of the following or their equivalents:
(1) Dikes, berms or retaining wall sufficiently impervious to
contain spilled hazardous substances;
(2) Curbing;
(3) Gutters, Culverts and other drainage systems;
(4) Weirs, booms, and other barriers;
(5) Diversion ponds, lagoons, retention basins, holding tanks,
sumps, slop tanks and other collecting systems;
(6) Drip pans;
(7) Other means as approved by the Department.
(c) To be considered adequate, secondary containment and/or diver-
sionary systems, structures or equipment must meet the following
standards:
(1) The system must block all probably routes by which spilled
hazardous substances could reasonably be expected to flow,
migrate or escape into waters of the State, from within
the contained area.
(2) The system must have sufficient capacity to contain or
divert the largest probable single spill that could occur
within the containment area, plus an additional capacity
to compensate for any anticipated normal accumulation
of rainwater.
(3) In order to prevent the discharge of hazardous substances
into groundwater, all components of the system shall be
made of or lined with impermeable materials. Such material
or liner must be maintained in an impermeable condition.
(4) No process area, transfer area, diked storage area or other
storage area, or secondary containment/diversion system
appurtenant thereto shall drain into a watercourse, or into
a ditch, sewer, pipe or storm drain that leads directly or
indirectly into a water course or public sewage treatment
plant, unless:
A. provision is made to retain, by valves or other
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positive means, any accumulated rainwater until its
condition can be ascertained, or
B. provision has been made to intercept any spilled
hazardous substances in an approved industrial waste-
water treatment or pretreatment facility, or other
approved facility.
(5) Catchment basins, lagoons, etc., should not be located in
a manner that would subject them to flooding.
(6) Incompatible materials shall not be stored within the same
containment area if there is a substantial likelihood
of them mixing in the event of spillage. "Imcompatible"
materials are those which, if mixed, will create hazards
greater than those posed by the individual substances alone,
such as fire, explosion, or generation of toxic fumes. This
restriction does not apply to process areas where the
substances are brought into proximity as part of a production
process.
(7) Provision shall be made for removing spilled hazardous sub-
stances from a secondary containment or diversion system.
The permissible time period for removal depends on the hazard
posed by the spill. Secondary containment systems shall
not be used as backup product storage systems nor for any
other purpose that would impair their capacity to contain
spills. The DPCC Plan shall include an estimate of the
time required to remove the largest probable spill from
any secondary containment system.
7:lE-4.8 Housekeeping, Maintenance, Inspections and Records
(a) Hazardous substances shall be kept in containers suitable for
their storage or processing at all times except when being transferred
bewteen containers. Containers shall be compatible with the sub-
stances stored therein and resistant to chemical attack by the
substances. Hazardous substances shall be kept protected from the
elements and from spillage.
(b) Tanks, pipes, valves, glands, drums, or other equipment leaking
hazardous substance shall be promptly repaired, replaced or taken out
of use following detection of a leak.
(c) Spills of hazardous substances that may seep, flow, drain or
be washed, blown or carried into waters of the State, including
groundwater, shall be promptly cleaned up.
(d) Loose quantities of hazardous substances shall riot be allowed
to persist on grounds, floors, walls or equipment, or on other
places within the facility where they may seep, flow, drain or be
washed, blown or carried into waters of the State.
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(e) The facility should keep on hand, in convenient locations, adequate
quantities of sorbent materials, chemical neutralizing agents and/or
other materials as needed, sufficient to contain and clean up such
small spills as may be expected to occur in the ordinary operations
of the facility.
(f) An adequate supply of protective safety equipment, such as
rubberized coveralls, boots, gas masks, etc., shall be maintained
at the facility in convenient locations for use by any personnel who
are required to clean up spilled hazardous substances. Where such
equipment is required by any regulation of the Occupational Safety
and Health Administration (OSHA), compliance with such regulation
shall be deemed to fulfill the requirements of this subsection.
(g) Secondary containment systems shall be maintained in good repair,
free of cracks through which hazardous substances could escape. Such
systems shall be inspected at regular intervals, at least once a
year.
(h) Flexible hoselines which are used to transfer hazardous sub-
stances shall be visually inspected prior to each use. Visibly
damaged, deteriorated, or discarded hoses shall be immediately taken
out of service and removed from the work area.
(i) The owner or operator of a major facility shall carry out a
regular program of inspections designed to detect spills and potential
equipment failures. Such a program shall include all tests specifically
required by any applicable section of the subchapter. The DPCC Plan
shall include a detailed description of the inspection program. Records
of inspectiions and tests which are made under the inspection program,
shall be maintained by the owner or operator for a period of three
years and shall be available to the Department for inspection during
business hours.
7:lE-4.9 Detection of Discharges to Ground Water
(a) Unless a leak is likely to be detected by personnel, product
gauging or an automatic leak detection system, the owner or operator
of a major facility shall install observation wells reaching the
water table in proximity to any potential source of a discharge into
ground water, in locations estimated to give the best probability of
detecting leaks from the source.
(b) If a major facility is required to install observation wells
pursuant to subsection (a), the Department shall require at least
one observation well be installed but not more than the lesser of —
(1) one well per acre, or
(2) one well per each individual potential source.
(c) The owner or operator of a major facility shall submit as part of
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the DPCC Plan a plan showing the proposed locations of observation wells
and ground water leak detection systems where such installations are
required. The Department shall review this proposal and may require
the installations be in different locations.
(d) The owner or operator shall sample observation wells and analyze
the samples at least once quarterly for parameters acceptable to
the Department which will indicate the probably presence in ground
water of the hazardous substance(s) stored in or conveyed through the
potential source. Records of these samples must be maintained by
the owner or operator for a period of 3 years, and shall be avail-
able for inspection by the Department during regular business hours.
(e) If sampling indicates the probably presence in ground water of a
hazardous substance discharged after installation of the wells, the
owner or operator shall immediately report the fact to the Division.
The Division may thereafter require additional sampling and analyses to
determine the particular hazardous substance and whether it was dis-
charged from the major facility.
(f) Upon first installing observation wells where required, the owner
or operator shall obtain samples and analyses thereof to establish base-
line levels for the hazardous substance(s) which the well is intended
to detect. Results of these analyses shall be submitted to the Divi-
sion along with location maps and boring logs.
(g) The owner or operator of a major facility shall afford to the
Department access to ground water observation wells for the purpose
of taking samples therefrom during regular business hours, and at
other times upon adequate notice or immediately in an emergency
situation.
7:1E-4.10 Flood Hazard Areas
(a) Hazardous substances stored within the 100-year flood plain of any
watercourse as delineated by the Department shall be protected against
being carried off by or being discharged into flood waters.
(b) Hazardous substances stored within any area known by
the owner or operator to be subject to a high probability of
flooding shall be likewise protected.
(c) The DPCC Plan shall describe how such protection is to be
achieved.
7:1E-4.11 Security
(a) All major facilities should be adequately fenced (fully fenced
on land) with entrance gates locked and/or guarded when the facility
is unattended, and either guarded or under observation by personnel
at all other times.
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(b) Valves which will permit escape of a tank's or other container's
contents to the surface should be securely locked in the closed
position when in non-operating or non-standby status.
(c) Starter controls on all pumps should be locked in the "off"
position when the pumps are in non-operating or non-standby status
unless the controls are located at a site accessible only to
authorized personnel, which site is itself attended or locked.
(d) The manifolds of all pipes should be securely capped or securely
blank-flanged when not in service or standby service for an extended
time.
(e) Major facilities should be adequately illuminated in operating
areas so that personnel on the premises can detect intruders or
spills during hours of darkness.
(f) If the major facility is not adequately fenced and secured
as described in paragraph (a) of this section, the requirements
of paragraphs (b), (c) and (d) shall be considered mandatory.
7:1E-4.12 Personnel Training
(a) Owners or operators shall implement an appropriate program
for training their personnel involved in the handling of hazardous
substances, in the proper techniques for handling the substances
stored, processed, or transferred in the facility; in the operation
and maintenance of equipment to prevent spills and discharges, and
in the procedures to be followed in the event of a spill or discharge.
(b) Each major facility shall have a designated person with authority
to act who is responsible for discharge prevention.
(c) Briefings, training sessions, courses and other educational efforts
shall be conducted often enough to ensure that every employee involved
in hazardous substance operations is given an adequate understanding of
the discharge prevention plan for the facility and the procedures to be
followed in the event of a spill or discharge, including the procedures
for notifying line management and the Department. At a minimum,
every employee involved in hazardous substance operations shall be
given such instruction at the commencement of employment in the
facility.
7:1E-4.13 Containment Equipment
If a major facility handles oil or other non-miscible lighter-
than-water hazardous substances, and the facility is adjacent to, or
sufficiently near a body of surface water such that a spill from the
facility would be reasonably expected to reach the water, the
facility shall maintain or have available from a nearby stockpile
an adequate length of flotation boom and/or filter fences and/or
sorbent materials sufficient to contain and prevent the further
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spread of discharges.
7:1E-4.14 Petroleum and Hazardous Substance Bulk Storage Tanks
(a) Above-Ground Tanks
(1) Above-ground bulk storage tank installations shall be
provided with an adequate means of secondary containment,
designed and built in accordance with good engineering
practice, capable of effectively holding the entire contents
of the largest single tank contained, and having sufficient
additional capacity to accommodate accumulated precipitation
and to provide a reasonable margin of safety in the event of
a tank failure.
(2) The secondary containment system shall conform to the stand-
ards set forth in N.J.A.C. 7:lE-4.7, and of 40 CFR 112
where applicable.
(3) The area beneath bulk storage tanks shall be made of or
surfaced with a material sufficiently impermeable to
passage and/or chemical attack by the stored substances as
to prevent passage into ground water by the substances under
the conditions of storage prevailing within the tank.
Existing bulk storage tanks shall be exempted from this
requirement until such time as they may require substantial
reconstruction or replacement in the normal course of use.
(4) Pipes leading to and from above-ground tanks, which enter
the tank below the liquid level, shall be equipped with
valves sufficiently close to the tank that they can prevent
the contents of the tank from escaping outside the secondary
containment area in the event of a pipe rupture outside the
containment area.
(5) Above-ground tanks shall be subjected to periodic integrity
testing on a schedule which shall take into account the
material of which the tank is constructed, the substances
stored therein, soil conditions and other circumstances which
affect tank life and the probability of leakage. Testing
techniques shall take into account tank design. Acceptable
methods include hydrostatic or other liquid-pressure testing,
visual inspection or a system of non-destructive shell
thickness testing. Where the last system is used, com-
parison records of shell thickness reduction shall be main-
tained throughout the life of the tank. Tank supports and
foundations shall be inspected as well.
(b) Buried Bulk Storage Tanks
(1) Owners and operators of existing buried bulk storage tanks
should consider installing the protection required of new
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facilities in order to minimize the likelihood of leaks or
the consequences thereof.
(2) New buried bulk storage tanks shall be made of corrosion-
resistant materials, or shall be protected from corrosion
by coatings, cathodic protection or other effective methods
compatible with local soil conditions.
(3) New buried bulk storage tanks shall be protected by product-
sensitive detection devices implanted in the ground beneath
and around the buried tanks, where such devices are avail-
able and their use is practicable.
(4) Existing buried bulk storage tanks, or new ones that cannot
be protected by the means described above or by means afford-
ing equal or better protection, shall be provided with the
best practicable means of leak detection, such as:
A. Careful gauging and recording of contents of buried
tanks;
B. Flow detectors that will give alarm if level in
tank is dropping when product is not being drawn off
deliberately.
C. Observation wells.
(5) Buried bulk storage tanks shall be subjected to periodic
integrity testing in a manner and on a schedule as specified
in the DPCC plan. Hydrostatic or product pressure testing
(i.e. Kent-Moore type test) or an alternative metho.d
acceptable to the Division which reflects best practicable
technology standards, shall be employed.
(c) Partially-Buried Metallic Tanks
New construction of partially buried metallic tanks is prohibited
unless the owner or operator can demonstrate to the Department a need
for such construction. If such a tank is built, the buried section
shall be adequately coated and protected with cathodic protection and
other safeguards specified by the Division.
(d) If a tank is served by internal heating coils, such coils,
the pipes leading to and from them, and the facilities to which they
connect, must be designed so that any leakage-passing from the tank
into the heating coil system will be captured and contained in a
settling tank, skimmer or other secondary containment or wastewater
treatment system.
(e) Tank installations should be equipped with fail-safe devices
capable of detecting overfills and other types of spills, which
devices can actuate valves or other shutdown mechanisms, or which can
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summon human aid. Such devices include:
(1) high liquid level alarms with an audible or visual signal
designed to alert plant personnel of overfills;
(2) high liquid level pump cutoff devices designed to stop
flow at predetermined levels;
(3) direct communication between tank gauger and pumping
station;
(A) fast response systems for determing liquid levels, such as
visible gauges, digital computer links, etc.;
(5) interconnections between tanks so that overfills are
directed into other tanks.
Use of devices such as the foregoing shall be at the owner or
operator's option for tanks which are served by adequate secondary
containment systems. For tanks which are not so served, the owner
or operator shall specify in the DPCC Plan which fail-safe devices he
proposes to employ in order to provide the maximum practicable degree
of spill detection and prevention. The Department may approve alter-
native devices.
(f) Mobile or portable storage tanks shall be positioned or located
so as to prevent spills therefrom from reaching surface waters. If
such tanks are used for long term storage, they shall be protected by
adequate secondary containment of sufficient capacity to contain or
divert the contents of the largest single compartment or tank. Such
tanks shall not be located in areas subject to periodic flooding or
washout.
(g) Existing bulk storage tanks are hereby exempted from any require-
ment of 7:1E-4.14 compliance with which would necessitate substantial
reconstruction or replacement of the tank. When substantial re-
construction or replacement of a tank, including relining, must be
undertaken as the result of deterioration of the tank, or in the
course of normal plant capital improvements, the tank installation
shall be upgraded to comply with all requirements of this section.
7:1E-4.15 Tank Car and Tank Truck Loading/Unloading Areas
(a) All tank car and tank truck loading areas shall be designed
such that a spill of the largest single compartment of any tank
car or tank truck in the area will be prevented from entering any
surface water body, sanitary sewer or storm drain, other than a drain
which leads to an approved industrial wastewater treatment plant or
other facility which will effectively contain the spilled hazardous
substance.
(b) All tank car and tank truck loading areas employed in the trans-
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fer of hazardous substances should be equipped in the area of
transfer with a secondary containment system of sufficient capacity
to contain or divert the volume of the largest single compartment
of any tank car or tank truck loaded or unloaded in the area. Such
a secondary containment system may include any or all of the following
or any other device or method suitable for the purpose:
(1) containment curbing,
(2) trenching system and catchment basin,
(3) drainage to separator or approved industrial wastewater treat-
ment facility.
(c) All tank car and tank truck loading/unloading areas should be
paved or surfaced in the area of transfer with impermeable materials.
(d) Prior to filling or departure of any tank car or tank truck,
the lowermost drain and all outlets of such vehicles shall be closely
examined for leakage and if necessary tightened, adjusted, repaired,
or replaced so as to prevent liquid leakage in transit. All manifolds
on tank cars or tank trucks shall be flanged or capped, and valves
secured, prior to leaving transfer areas.
(e) An interlocked warning light or physical barrier system should
be provided in transfer areas to prevent vehicle departure before
complete disconnect of flexible or fixed transfer lines.
(f) Tank cars or tank trucks in the process of being loaded or unloaded
should be attended at all times during the procedure,
7:1E-4.16 Drum Storage For Hazardous Substances
Drum storage areas, including docks where drums are stored, shall
be served by adequate secondary containment systems.
7:1E-4.17 Process Areas For Hazardous Substances
(a) Drainage from production facilities, including buildings, and
other process areas shall be so engineered as to provide a means of
secondary containment for spilled hazardous substances.
(b) Process wastewater and cooling water pipes, plant drains and
similar installations which drain into sewers, storm drains, public
wastewater treatment plants, watercourses or. other routes which drain
to waters of the State shall be engineered so that probable spills
of hazardous substances will not escape through them to waters of
the State. If hazardous substances captured in secondary containment
systems will drain into process wastewater lines, provision must be
made to treat or remove the hazardous substances before the water
is discharged.
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7:1E-4.18 In-Facility Pipes for Hazardous Substances
(a) Where practicable, each in-facility pipe should be marked by
lettering, color banding or color coding to indicate the product
transferred through it.
(b) Because of the potential for undetected spills, pipes should
not be buried unless necessary. Wherever practicable exposed pipe
corridors or galleries should be employed in preference to burial.
(c) New buried piping installations shall be protectively wrapped
and coated or cathodically protected if soil conditions warrant and
the pipe is of corrodable material.
(d) Buried pipes shall be equipped with product-sensitive leak
detection devices, if such devices represent best practicable
technology.
(e) If a section of buried pipe is exposed for any reason, it
shall be carefully examined for deterioration, and if found to be
deteriorated, shall be repaired or replaced. Existing pipes which
require repair or replacement shall be upgraded to the standards
applicable to new installations.
(f) Pipes removed from service for extended periods of time shall
be capped or blank-flanged and marked as to origin.
(g) Pipe supports should be designed so as to minimize abrasion
and corrosion and allow for expansion and contraction. Wood-to-metal
contacts should be avoided.
(h) If in-facility pipes are elevated across roadways, gate check-in
procedures, warning signs and/or other means shall be used to minimize
the chance of a vehicular collision with the pipes.
7:1E-4.19 Transmission Pipelines
(a) Transmission pipelines shall conform to all applicable regula-
tions of the U.S. Department of Transportation, in particular, 49
CFR Part 195, "Transportation of Liquids by Pipeline".
(b) Pipelines shall be equipped with sensing devices which will
automatically shut off flow if a leak is detected.
(c) New buried pipelines shall be protectively wrapped and coated
and/or cathodically protected if soil conditions warrant
and the pipeline is of corrodable material.
(d) If a section of buried pipeline is exposed for any reason,
it shall be carefully examined for deterioration, and if found to be
deteriorated, shall be repaired or replaced. Existing pipelines which
require repair or replacement shall be upgraded to the standards
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applicable to new buried pipelines.
(e) Shutoff valves capable of activation by remote control from the
pipelines's operating control center shall be installed on each side
of any reservoir holding water for human consumption which the pipe-
line crosses or is sufficiently near that a rupture of the pipeline
would result in a discharge to the reservoir.
(f) In addition to the other requirements of this subchapter, the
owner or operator of a transmission pipeline shall file with the
Division a map of the transmission pipeline in New Jersey. The map
shall be filed along with the DPCC Plan unless the map has been
previously submitted to the Division. The map shall include the
following information:
(1) Size of pipe
(2) Age of pipeline sections
(3) Locations of valves
(4) Locations of breakout tankage
(5) Locations of pumps
(6) Stream crossings (not including intermittent streams)
(7) Indication of operating pressure
(8) Location of flow recording devices
(9) Maximum design pressure
(10) Major road crossings
(11) Periods of use (if continuous so indicate)
(12) Products to be carried through the pipeline
(13) Scale
(14) Date of map
7:1E-4.20 Marine Transfer Facilities
(a) All regulations of the U.S. Coast Guard which apply to oil trans-
fet facilities (in particular, 33 CFR 154 and 33 CRF Part 156) are
herein expressly adopted by reference, and are further made applicable
as well to all marine transfer facilities which transfer in the liquid
state any hazardous substances other than oil.
(b) If oil and other non-miscible lighter-than-water hazardous sub-
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stances are transferred at the facility, there shall be kept available
for immediate deployment in the event of a discharge, a length of
floatation boom sufficient to contain probable discharges of hazardous
substances, based on the rate at which substances are transferred
and the volume of substances which are likely to be discharged before
boom can be positioned.
(c) Transfer operations should not be commenced, or if commenced
should be discontinued, under the following conditions:
(1) If weather forecasts predict for the vicinity of the
facility that winds will reach gale force, or that heavy
rain, sleet, snow or other storm conditions will substantially
reduce visibility or otherwise increase the risk of dis-
charges, or if such severe weather conditions occur after
transfer operations have been commenced.
(2) If fire occurs in the vicinity of the transfer operation or
a nearby portion of the transfer facility.
(3) If at any time the transfer system is functioning contrary
to the intended operating procedures of the facility.
(4) If a break occurs in the transfer system.
(5) If there is an apparent discrepancy in the quantity of
hazardous substance transferred.
(6) If the communication system is not operative.
(7) If hazardous substances are observed in the water near
any transfer component.
(8) If a reportable discharge of hazardous substance occurs
during transfer. Transfer should not be resumed until
after the discharge has been reported to the Department
and the Department is satisfied that the adequate steps
have been taken to contain the discharge and to prevent
further discharges.
7:1E-4,21 Discharge Cleanup and Removal Plan
(a) The owner or operator of a major facility shall prepare and imple-
ment a Discharge Cleanup and Removal (OCR) Plan containing the
following information:
(1) A list of containment and removal equipment to which
the facility has access through ownership, contract or
other means, including but not limited to vehicles, vessels,
pumps, skimmers, booms, chemicals, and communications devices.
If access to equipment is by contract with or membership in
a discharge cleanup organization which had filed information
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with the Division pursuant to N.J.A.C. 7:1E-3.1, it is
sufficient to supply the name of the organization in lieu
of an equipment list;
(2) List of the trained personnel who are available to operate
such equipment and a brief description of their qualifica-
tions ;
(3) The terms of agreement and operation plan of any discharge
cleanup organization of which the owner or operator of
the facility is a member;
(4) Procedures for notifying management, government agencies
and cleanup personnel or contractors in the event of a
discharge;
(5) Procedures for mobilizing equipment and personnel for
initiating containment and cleanup, and an estimate of
the maximum response time required to initiate containment
and/or cleanup of discharge of varying size up to the
largest probable discharge that could occur at the facility;
(6)
Description of a training program for those personnel
assigned to any aspect of discharge response;
(7) Names, titles and 24-hour telephone numbers of persons
authorized to hire contractors and release funds for
discharge response, containment, cleanup and removal.
(8) Proposed methods of disposal and disposal sites for hazardous
substances or contaminated soil, debris, etc., gathered
during cleanup and removal operations.
(b) Each major facility shall have available to it, by ownership or
by arrangement with a discharge cleanup organization which has
submitted to the Department the information requied by N.J.A.C. 7: IE-
3.2, adequate equipment and personnel to clean up the largest pro-
bable discharge that could occur at the facility.
7:lE-4.22 Amendment of Plans by Owners or Operators
(a) The owner or operator of a major facility having an approved
DPCC or DCR Plan shall report to the Division any change in facility
design, construction, operation or maintenance which will materially
affect the facility's potential for discharges of hazardous substances
or the substance of existing plans. The owner or operator shall amend
the DPCC and/or DCR Plan to reflect such changes, and shall submit such
amendments to the Division for approval.
(b) The Division shall act on proposed amendments within 30 days. If
the Division fails to approve or reject the proposed amendment within
that time, it shall be deemed approved.
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(c) Amendments to DPCC or DCR Plans shall be implemented as soon as
possible, according to a schedule submitted by the owner or operator
and approved by the Division.
(d) Notwithstanding compliance with paragraph (a) of this section, the
owner or operator shall complete a review and evaluation of the DPCC
and DCR Plans at least once every three years. As a result of this
review and evaluation, the owner operator shall amend the Plans within
six months of the review to include more effective prevention and
control technology if:
(1) Such technology will significantly reduce the likelihood
of a discharge from the facility;
(2) Such technology has been field-proven at the time of
the review, and
(3) The technology can be installed at a reasonable cost.
The review and evaluation required by this paragraph can be conducted
concurrently with the review required by 40 CRF 112.5.
7:lE-4.23 Amendment of Plans Following Discharge
(a) Within 60 days after any reportable discharge at a major facility,
the owner or operator thereof shall submit to the Division the follow-
ing information:
(1) A full report of the discharge incident, including the
cause(s) of the discharge and a failure analysis;
(2) The corrective actions and/or countermeasures taken, includ-
ing a description of equipment repairs and/or replacements;
(3) Additional preventive measures taken or proposed to mini-
mize the possibility of recurrence;
(4) Such other information as the Division may reasonably
require pertinent to discharge event or the DPCC or DCR
Plan.
(5) A copy of the draft of any DPCC or DCR Plan, if the Plans
have not previously been submitted to the Division.
(b) A copy of the information required to be sent to the Regional
Administrator, U.S. Environmental Protection Agency, pursuant to 40
CFR 112.4 shall be deemed to satisfy the requirements of paragraph
(a) of this section.
(c) Following submission of the information required by paragraph (a)
of this section, the Division may review the major facility's DPCC
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and DCR Plans and may require the owner or operator of the facility to
amend the Plans if it finds that a Plan does not meet the requirements
of this subchapter or that amendment of the Plan is necessary to pre-
vent and contain similar discharges from the facility.
(d) If the facility is one to which the requirements of 40 CFR 112.4
are applicable, the Division shall make recommendations to the
Regional Administrator and shall stay any direct action to demand
amendment of Plans until after the Regional Administrator has had
reasonable time to act, or to decline to act, under 40 CRF 112.4 (d).
If the Regional Administrator, pursuant to the Division's recommenda-
tions, proposes to require an amendment to the facility's SPCC Plan,
the Division shall further stay any direct action pending the con-
clusion of the procedures provided for in 40 CFR 112.4(e) and (f).
Thereafter the Division may act to require the owner or operator of
the major facility to amend DPCC or DCR Plans in any manner allowed
under these regulations and not inconsistent with any requirements
imposed by the Regional Administrator.
(e) Amendments required by the Division shall become part of the
DPCC or DCR Plan within 30 days after approval by the Division,
unless the Division shall specify another effective date. The owner
or operator shall implement the amendment of the plan as soon as
possible, according to a schedule approved by the Division.
7:lE-4.24 Denial or Revocation of Approval of DPCC or DCR Plans or
Amendments; Appeals
(a) The Division shall state in writing its reasons for denying or
revoking approval of any DPCC or DCR Plans or amendments thereto.
(b) The Division may revoke its approval of a DPCC or DCR Plan
if the owner or operator fails to comply with an approved schedule
for bringing his Plan into compliance with the requirements of these
regulations, or fails to fulfill any condition of an approval, or
submits to the Division false or willfully misleading information.
(c) The owner or operator of a major facility who is aggrieved by
any decision of the Division to deny or revoke approval of a DPCC or
DCR Plan or any amendment thereto has a right to a hearing before
the Department.
(d) Any person so aggrieved may request a hearing by sending a written
request to:
Office of Regulatory Affairs
New Jersey Department of Environmental Protection
Divison of Water Resources
P.O. Box 2809
Trenton, New Jersey 08625
within 15 days of receipt of the Division's decision. Hearing requests
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shall be made in the form specified in N.J.A.C. 7:8-6.4.
(e) Hearings shall be conducted in accordance with the procedures
for contested case hearings under the New Jersey Adminstrative
Procedure Act, N.J.S.A. 52:14B-1 et seq., and the regulations of
the Division thereunder, N.J.A.C. 7:8-6.1 et seq. The Division
shall suspend its action pending the outcome of the hearing.
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APPENDIX C
ATTENDEES
OIL SPILL DEBRIS DISPOSAL WORKSHOP
22 February 1978
Boston, Massachusetts
1. Adams, William R.
Regional Administrator
U.S. EPA, Region I
Boston, MA
2. Aho, Henry
Dept. of Environmental Protection
Augusta, ME
3. Alexander, Sharon
Office of Coastal Zone Management
Exec. Office Environmental Affairs
Boston, MA
4. Allen, Tom
Halliburton Services
Dunean, OK
5. Biles, P. LT.
USCG - MSO
Boston, MA
6. Boronski, Robert F.
R.I. Legislature
Providence, RI
7. Brigante, Tom
N.E. Pollution Control Co.
Norwalk, CT
8. Brown, Richard D.
Hitchcock Oil Pollution Systems
Bridgeport, CT
9. Buckley, Francis C.
COTP Philadelphia
USCG Base
Gloucester City, NJ
10. Buerle, David
Coastal Management Program
NYS Dept. of State
Albany, NY
11. Chittum, Mark
Coastal Resources Management
Program
Office of Comp. Ping.
Concord, NH
12. Conlon, John
Oil & Haz. Materials Section
HERL
Lexington, MA
13. Corey, Donald
Recycling Industries, Inc.
Braintree, MA
14. Cowley, R., Lt. Cdr.
USCG - MSO
Boston, MA
15. Durham, B., Lt.,j.g.
USCG - MSO
Boston, MA
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16. Ehrenfeld, John
Cambridge, MA
17. Farlow, Jack
OHMSB
U.S. EPA
Edison, NJ
18. Fultz, Robert
Martha's Vineyard Comm.
Oak Bluff, MA
19. Gilbert, D.S.
Coast Guard Captain of the Port
New York, NY
20. Goode, Matthew E.
Exec. Office Env. Affairs
Boston, MA
21. Gross, Fred
Div. of Solid Waste Disposal
Depart, of Environmental Mgt.
Boston, MA
22, Guerin, Marc
Dept. of Environmental Protection
Augusta, ME
23. Hathaway, Susan
Dept. of Environmental Cons.
Albany, NY
24. Hawke, Nancy
N.E. Marine Contractors
Burlington, VT
25. Hein, L.N., Capt.
USCG - MSO
Boston, Ma
26. Jackson, J.R., Jr.
Manager, Environmental Affairs
EXXON CO. USA
Houston, TX
27. Keefe, Paul
Keefe Trucking Co.
Portsmouth, NH
28. Kiele, Francis
Cannons Engineering Corp.
W. Yarmouth, MA
29. King, Francie
New England River Basins Com.
Boston, MA
30. Klock, Tom
New England River Basins Com.
Boston, MA
31. Landreth, Robert
US EPA, SHWRD
Cincinnati, OH
32. Laws, A. Charles
Martha's Vineyard Commission
Oak Bluffs, MA
33. Littlefield, Donald
Coastal Services, Inc.
E. Boston, MA
34. Longstreet, David
Office of Hazardous Sub. Control
Division of Water Resources
Dept. of Environmental
Protection
Trenton, NJ
35. Lucci, Mary
N.E. Regional Commission
Boston, MA
36. Malter, John
Dept. of Water Resources
Montpelier, VT
37. Marhoffer, William
Dept. of Env. Qual. Eng.
Boston, MA
38. Marotta, J., Lt. Cmdr.
USCG - MSO
Boston, MA
39. Maylath, Ronald
Water Resource Monitoring
Dept. of Env. Cons.
Albany, NY
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40. Moon, Daniel
Solid Waste Mgmt. Branch
US EPA, Region I
Boston, MA
41. Ocksrider, Jon
Coastal Services, Inc.
Boston, MA
42. Parker, S.L.
NHWSPCC
Concord, NH
43. Peterson, Charlie
N.E. Marine Contractors
Burlington, VT
44. Pierce, Wayne
Solid Waste Mgmt. Branch
US EPA, Region II
New York, NY
45. Pond, R., Lt.,j.g.
USCG - MSO
Boston, MA
46. Potter, Cornelia V.H.
N.E. River Basins Commission
Boston, MA
47. Pratt, Matthew
Safety Invest.
Federal Highway Admin.
Boston, MA
48. Safarik, Robert L.
Maritime Administration
New York, NY
49. Sande, Dennis A.
Coast Guard Third District
New York, NY
50. Shaffer, Richard
Suffolk Services, Inc.
Boston, MA
51. Slack, Joseph
Water Resources Monitoring
Dept. of Env. Cons.
Albany, NY
52. Sousa, George and Mrs.
Shellfish Office
Falmouth, MA
53. Spencer, Eileen
MaryIn Engineering Corp.
Boston, MA
54. Standley, David
Commissioner
Dept. of Env. Qual. Eng.
Boston, MA
55. Sutherland, Cmdr.
USCG
Providence, RI
56. Sweeney, Thomas L.
Chief
Bureau of Solid Waste
Dept. of Health & Welfare
Concord, NH
57. Tripp, Bill
Jet Line Services
Stoughton, MA
58. Varricchio, E.J.
N.E. Pollution Cont. Co., Inc.
E. Norwalk, CT
59. Ward, Jake
Dept. of Env. Protection
Augusta, ME
60. Wells, Dennis D.
Atlantic Terminal Corp.
Newington, NH
61. Wilder, Russell
Dredging & Ocean Programs
Coordinator
USEPA
Boston, MA
62. Wilson, George
Jet Line Services, Inc.
Stoughton, MA
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TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
1. REPORT NO.
EPA-600/7-80-016
2.
3. RECIPIENT'S ACCESSION-NO.
4. TITLE AND SUBTITLE
Oil Spill Debris:
Where to Put the Waste
5. REPORT DATE
January 1980 issuing date
6. PERFORMING ORGANIZATION CODE
7. AUTHOR(S)
J. S. Farlow, Russell Wilder, and Cornelia Potter
8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
U. S. Environmental Protection Agency, Edison, New
Jersey; U. S. Environmental Protection Agency, Boston,
Massachusetts; and New England River Basins Commission,
Boston, Massachusetts respectively
10. PROGRAM ELEMENT NO.
1NE623
11. CONTRACT/GRANT NO.
12. SPONSORING AGENCY NAME AND ADDRESS
Industrial Environmental Research Laboratory
Office of Research and Development
U. S. Environmental Protection Agency
Cincinnati. Ohio U5268
13. TYPE OF REPORT AND PERIOD COVERED
final
14. SPONSORING AGENCY CODE
EPA/600/12
15. SUPPLEMENTARY NOTES
This workshop was co-sponsored by EPA and the New England/New York coastal Zone Task
Force, organized under the New England River Basins Commission.
16. ABSTRACT
This report is a digest of a workshop on disposal of oil spill debris.
Representatives of five New England states and New York agreed that oil spill cleanup
and disposal of debris is a major regional problem which must be addressed by identi-
fying disposal sites in advance of major oil spills. The workshop provided a forum
for discussion of state oil spill clean up and disposal and EPA's policies and plans
for regulating clean up operations. A representative from each of the six states
reviewed existing laws and regulations governing oil-debris stockpiling, transporta-
tion to disposal sites, and the relation between state and local ordinances on
liability for disposal costs. Ultimate responsibility for oily debris transportation
and disposal varies from state-to-state, and this in turn affects approaches to
identifying acceptable disposal sites.
17.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.lDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
Oil Spill
Debris
Solid Waste
New England
Workshop
Regulations
Debris Disposal
Solid Waste Disposal
18. DISTRIBUTION STATEMENT
Release to the public
19. SECURITY CLASS (ThisReport)
Unclassified
21. NO. OF PAGES
98
20. SECURITY CLASS (This page)
Unclassified
22. PRICE
EPA Form 2220-1 (9-73)
90
« U S GOVERNMENT HUNTING OFFICE 19SO-657-146/5573
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