32. CONTAMINATED SOILS (CS)
Soils that contain contaminants at concentrations which could degrade the quality of air, waters of the state, soils, or sediments; or pose a threat to the health of humans or other living organisms. For the purpose of this chapter contaminated soils do not include dangerous wastes regulated under chapter 173-303 WAC or PCB wastes regulated under 40 CFR Part 761.
32.1 INTRODUCTION
This chapter of the Douglas County Comprehensive Solid Waste Management Plan (DCCSWMP) outlines the regulatory framework overseeing Contaminated Soils (CS), discusses the existing conditions and programs within the Regional Planning Area (RPA), establishes objectives to meet the existing and projected needs, identifies alternatives, and recommends actions for achieving the established objectives.
32.2 REGULATORY FRAMEWORK
32.2.1 Federal Requirements
40 CFR Part 280 - 281 regulate underground storage tanks storing petroleum and hazardous waste substances and 40 CFR Section 264.190 regulates underground and aboveground storage tanks storing hazardous waste. Federal regulations do not classify CS as a hazardous waste unless it exceeds specific testing levels. Under the Resource Conservation and Recovery Act (RCRA) non-hazardous solid wastes are encouraged to be recycled, reclaimed or reused in a beneficial manner whenever possible and the markets are available.
32.2.2 State Requirements
- Petroleum Contaminated Soils (PCS) that designate as dangerous wastes are regulated under Chapter 173.303 WAC.
32.2.3 Local Requirements
Asbestos containing waste materials are overseen by the CDHD within the landfill permit issued to the GWRLF. Under WAC173-351 the CDHD administers waste disposal regulations and permit conditions of the GWRLF.
Any jurisdiction, agency, private corporation, individual or other entity wishing to import PCS into Douglas County must conform to the Douglas County Solid Waste Importation Ordinance (DCSWIO). As specified within the ordinance a formal Letter of Request to the Douglas County Board of Commissioners requesting that their application for solid waste importation be reviewed is required. Only after the Douglas County Board of Commissioners has received a Letter of Request will the review and approval process begin. The Douglas County Board of Commissioners will review the information contained within the Letter of Request with county staff and others. If it is determined by the Douglas County Board of Commissioners that sufficient information has been provided and that all potential adverse impacts have been identified, assessed and mitigated the request may be approved.
Within Douglas County no person shall deposit, discard or otherwise dispose of any PCS upon any public place within the county or upon a private residence or other private property not owned by him/her or in any waters within the county except:
- when such property is designated by the state or any of its agencies or the county for the disposal of solid waste, and such person is authorized by the appropriate permitting authority to so use such property;
- with the prior written consent of the landowner approving of such disposal upon their private property.
Additionally, within Douglas County all owners or persons in control of any private residence or other private property shall at all times maintain the premises free of any PCS that pose a risk to public health and safety, the environment or create a nuisance.
32.3 EXISTING CONDITIONS
32.3.1 Technical Assistance
The Douglas County Solid Waste Program Office (DCSWPO) offers technical assistance to generators of CS. This assistance consists of consultations, on-site visits and reuse and disposal options available. Any RPA citizen can contact the DCSWPO and request assistance with regard to the proper identification, testing, remediation, reuse and disposal of their CS. Assistance provided can range from regulatory requirements, soil testing and contamination limits, remediation options, reuse of remedied CS, transportation requirements and disposal options. Also provided upon request are on-site visits to asses the situation, recommend possible solutions and provide reuse and disposal options. The DCSWPO maintains a resource center, which may provide RPA citizens with additional information about CS regulations, guidelines and alternatives.
32.3.2 Used as Daily Cover at the GWRLF
The Greater Wenatchee Regional Landfill (GWRLF) is permitted by the Chelan-Douglas Health District (CDHD) to receive CS. The GWRLF currently accepts CS at its facility for a disposal fee. Individuals and companies wishing to dispose of CS must contact the GWRLF and arrange a specific disposal time. Once the CS is delivered to the GWRLF it is temporarily stockpiled for use as daily cover. As daily cover is needed, the CS is spread over the accumulated solid waste in twelve inches lifts and compacted.
32.3.3 Remediation of PCS within the RPA
Regulations specify how PCS can be remedied for reuse. For underground storage tanks that have leaked and contaminated the surrounding soil, on-site remediation and reuse is preferred. The leaking storage tank is pumped dry of any petroleum product and then removed. All surrounding soils are tested to determine the area of contamination. Once the area of contamination has been determined the PCS is removed and placed on an impervious surface where they are tested to determine the level of contamination. Depending upon the test results, the PCS can either be remedied on-site, taken to a permitted landfill to be used as daily cover or hauled away as a hazardous waste and disposed of at a permitted hazardous waste landfill. If the PCS can be remedied on-site, the remedied PCS can then be utilized as fill material to fill in the hole left by the removal of the storage tank.
For above ground storage tanks that have leaked and contaminated the surrounding soil, on-site remediation and reuse is preferred. All surrounding soils are tested to determine the area of contamination. Once the area of contamination has been determined the PCS is removed and placed on an impervious surface where they are tested to determine the level of contamination. Depending upon the test results, the PCS can either be remedied on-site, taken to a permitted landfill to be used as daily cover or hauled away as a hazardous waste and disposed of at a permitted hazardous waste landfill. If the PCS can be remedied on-site, the remedied PCS can then be utilized as fill material to fill in the hole under the aboveground storage tank.
Petroleum spills within the RPA caused by tanker trucks or rail cars, are cleaned up by the hauling company's personnel after consultation with the Department of Ecology (DOE). All petroleum spills are required to be reported to the DOE, who send out a spill response team who investigates, contains and develops a clean-up plan. All PCS removed as part of these clean-ups are tested to determine the level of contamination and then remedied and reused or disposed of.
There is currently no permitted PCS remediation site within the RPA other than the GWRLF, which utilizes the PCS as daily cover.
32.3.4 Agriculturally Contaminated Soils (ACS)
Regulations specify how agriculturally contaminated soils (ACS) can be remedied for reuse. The vast majority of the ACS within the RPA can be found in older established fruit orchards located along the Columbia River. Within these established orchards there are generally "hot spots" of ACS where orchard spray tanks were filled or where underground pressurized spray systems were used. The major agricultural contaminates are lead, arsenic, lime, and sulfur which were common pesticides used during the early 40s, 50s, and 60s. These chemicals have been found to be dangerous at certain concentrated levels and therefore must be remedied before the land can be safely used.
For underground pressurized spray systems that have leaked and contaminated the surrounding soil, on-site remediation and reuse may be possible, however off-site disposal is the norm. Once the underground spray tank is located the surrounding soils are tested to determine the area of contamination. Once the area of contamination has been determined the ACS is removed and placed on an impervious surface where they are tested to determine the level of contamination. Depending upon the test results, the ACS can either be remedied on-site, taken to a permitted landfill to be used as daily cover or hauled away as a hazardous waste and disposed of at a permitted hazardous waste landfill. If the ACS can be remedied on-site, the remedied ACS can then be utilized as fill material to fill in the hole left by the removal of the storage tank.
For soils that have been contaminated by spillage from spray tanks, on-site remediation and reuse is preferred. To determine the extent of contamination all the surrounding soils must be tested to determine the level and scope of the contamination. Depending upon the test results, the ACS can either be remedied on-site, taken to a permitted landfill to be used as daily cover or hauled away as a hazardous waste and disposed of at a permitted hazardous waste landfill. If the ACS can be remedied on-site, the remedied ACS can then be utilized as fill material as long as the remedied ACS is not placed in a drainage, wetland, in a manner that could pose a risk of groundwater contamination and is covered by physical barrier (ie. asphalt, soil, grass etc).
32.4 OBJECTIVES
32.4.1 Ensure that CS are Properly Managed
With generators being responsible for the proper management of their CS, it is very important that the generators properly dispose of their CS. Failure of a generator to properly manage their CS can pose a threat to the public health and the environment.
32.4.2 Ensure that CS are Managed and Reused in a Manner that Meet all Federal, State and Local Regulations
With federal and state regulations specifying how CS are to be managed and reused, it is very important that the generator be properly educated. Failure of a generator to comply with these regulations can result in substantial penalties, fines and corrective actions.
32.4.3 Ensure the Programs Reflect Local Conditions
With the tendency of regulatory agencies to have a one-size fit all approach, it is imperative that all programs be locally supported and accepted. Because of the rural character of Douglas County and its cities and towns, all programs should reflect conditions that exist locally and not be driven by what the DOE deems as efficient or cost effective.
32.4.4 Ensure that Generators have an Opportunity to Reuse or Dispose of their CS
With restrictions placed upon how CS can be reused or disposed of, it is imperative that generators have convenient and economical recycling opportunities available. Failure to provide such opportunities may lead to improper disposal and possible enforcement action against the generator.
32.4.5 Establish a CS Diversion Goal
It is the goal of the DCCSWMP to divert fifty percent of all CS generated within the RPA.
32.5 ALTERNATIVES
32.5.1 Ban CS from the GWRLF
Under this alternative the disposal and remediation of CS would be prohibited at the GWRLF. One problem associated with disposal bans is illegal dumping of the banned material. Therefore an important component of a disposal ban is the development of alternative remediation and disposal methods. For example, if CS are banned form the solid waste stream, than a CS remediation site must be available, convenient and reasonably priced to accommodate the diverted material.
32.5.2 Restrict Remediation and Disposal to Only Permitted and Approved Sites
By restricting CS remediation and disposal to only permitted and approved facilities, proper remediation, diversion, reuse and disposal will be available within the RPA. This will ensure that the facilities are operated in a manner that protects the public health and safety and the environment. As required by Chapter 173.304 WAC, all solid waste facilities are to be permitted by the Chelan-Douglas Health District (CDHD) and inspected at least annually. Facilities failing to obtain or apply for a solid waste facility permit are considered to be illegal dumpsites, and are in violation of state law and local regulations.
32.5.3 Allow CS to be Used as Daily Cover at the GWRLF
This alternative would allow CS to be remedied and disposed of at the GWRLF. Currently, the GWRLF is permitted by the CDHD to receive and remediate CS. By allowing the GWRLF to continue to receive CS, the RPA would have a regional remediation and disposal site that meets all federal, state and local regulatory requirements.
32.5.4 Export all CS Outside the RPA
The major draw back to exporting CS outside the RPA is that any CS would have to meet the accepting facility requirements and disposal rate. With the small volume of CS generated within the RPA, the weight of the CS and the distance to travel to remediate or dispose of the CS the costs to export the CS outside the RPA could be prohibitive.
32.5.5 Allow On-Site Remediation of PCS
As allowed by Chapter 173.304 WAC, remediation of PCS can be performed on site by the property owner rather than forcing the property owner to have the PCS remedied off-site. Therefore, for those individuals, businesses and agencies that have PCS that need to be removed, on-site remediation of the PCS within regulatory limits, should be allowed. Chapter 173.340 WAC specifies that PCS, which are not dangerous wastes, are considered "problem wastes" and shall fall under the authority of the CDHD.
32.5.6 Allow On-Site Remediation of ACS
ACS are considered hazardous wastes. As hazardous wastes, these soils must be handled and disposed of in a manner that will protect the public health, safety and the environment. For those ACS that can not be remedied on-site disposal at a permitted hazardous waste landfill is the only option. For those ACS that have levels low enough they maybe remedied on site as long as they meet the following criteria:
(a) they cannot be put in a wetlands;
(b) they cannot be put in a drainage;
(c) they cannot be placed in manner that could pose a risk of groundwater contamination
Finally, these soils can be remedied on site as long as a physical barrier exists between the public and and the ACS. For example, an asphalt parking lot or more soil and grass cover would suffice as long as the soil is not easily accessible to the public.
32.5.7 Site and Permit a Number of CS Remediation Sites within the RPA
With only one permitted CS remediation site within the RPA currently, additional facilities should be sited and permitted within the RPA. The actual number of remediation sites would depend upon the volume of CS available, the geographic location of the site in proximity to the sources of CS, convenience to the generators and federal, state and local siting and permit requirements. If the remediation sites were to be in close proximity to the source of the CS, were convenient to the generators and the remediation fee was reasonable the diversion and recycling of CS would likely take place. However, if too many remediation sites are sited and permitted within the RPA the overall volume is dispersed to the point the sites may not be able to receive enough CS to sustain their operation. All CS remediation sites would be required to obtain an air quality permit through the DOE Air Quality Program and a solid waste facility permit through the CDHD. Depending upon its location, CS remediation sites may have to obtain a Conditional Use Permit (CUP) from the local jurisdictional permitting authority.
32.5.8 Develop a CS Education Program
The DCSWPO should develop a CS education program. This program would specifically provide the public and generators with information on how to properly manage, remediate and dispose of CS within the RPA. The program could provide information on what is CS, how is it regulated, how it can be remediated, where it can be remediated or disposed of and similar information. The DCSWPO should develop brochures and information sheets to educate the public, generators and regulatory authorities about how CS are to be managed properly. Existing CS remediation sites should be promoted and the reuse and recycling of CS should be stressed over landfilling.
32.5.9 Monitor and Track CS
The DCSWPO needs to monitor and track all CS to determine who is generating the CS, the volume and type of CS being generated, where they originated from, how they are being remediated, where they are being remediated and how they are being disposed of. Without knowing these basic facts, it is impossible to properly manage the solid waste stream within the RPA. Therefore, the DCSWPO should establish a data-tracking program that monitors and tracks all CS being remediated and disposed of within the RPA annually.
32.6 RECOMMENDATIONS
32.6.1 Restrict Remediation and Disposal to Only Permitted and Approved Facilities
32.6.2 Allow CS to be Used as Daily Cover at the GWRLF
32.6.3 Allow On-Site Remediation of PCS
32.6.4 Allow On-Site Remediation of ACS
32.6.5 Site and Permit a Number of CS Remediation Sites within the RPA
32.6.6 Implement a CS Education Program
32.6.7 Monitor and Track CS