Sec. 26.10.09.05. Free Product Removal

At sites where free product is present or investigations under Regulation .03A(7) of this chapter indicate the presence of free product, owners, operators, and other responsible parties shall remove free product to the maximum extent practicable as determined by the Department while continuing, as necessary, any actions initiated under Regulations .02-.04 of this chapter or preparing for actions required under Regulations .06 and .07 of this chapter. In meeting the requirements of this regulation, owners, operators, and other responsible parties shall:

A. Conduct free product removal in a manner that contains the spread of contamination from entering previously uncontaminated areas by using recovery and disposal techniques appropriate to the hydrogeologic conditions at the site, and that properly treats, discharges, or disposes of recovery byproducts in compliance with applicable local, State, and federal regulations;

B. Use abatement of free product migration as a minimum initial objective for the design of the free product removal system;

C. Handle any flammable products in a safe and competent manner to prevent fires or explosions; and

D. Unless directed to do otherwise by the Department, prepare and submit to the Department, within 30 days after confirming a release, a free product removal report that provides at least the following information:

(1) The name of the person or persons responsible for implementing the free product removal measures,

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

(3) The types of free product recovery system used,

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

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

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

(7) The disposition of the recovered free product.