Free-Product Removal

PURPOSE: This rule requires spilled, free product to be collected immediately. (1) At sites where the investigation reveals free product under 10 CSR 26-2.072(1)(F), owners and operators must remove as much free product as practicable as determined by the department. Any actions initiated under preparation for actions required under 10 CSR 26-2.078–10 CSR 26-2.082 must also be continued. In meeting the requirements of this rule, owners and operators must— (A) Remove free product to minimize the spread of contamination into previously uncontaminated zones. The recovery and disposal techniques must be appropriate to the hydrogeologic conditions at the site. Recovered by-products must be treated, discharged or disposed in compliance with applicable local, state and federal regulations; (B) Use abatement of free-product migration as a minimum objective for free product removal; (C) Handle any flammable products in a safe and competent manner to prevent fires or explosions; and (D) Prepare and submit to the department a free-product removal report, within fortyfive (45) days after confirming a release, unless otherwise directed by the department. The report shall provide at least the following information: 1. The name of the person(s) 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 type of free-product recovery system used; 4. Whether any discharge will take place on-site or off-site during the recovery operation and the location of this discharge; 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. AUTHORITY: sections 319.109 and 319.137, RSMo Supp. 2010.* This rule originally filed as 10 CSR 20-10.064. Original rule filed April 2, 1990, effective Sept. 28, 1990. Moved and amended: Filed April 15, 2011, effective Dec. 30, 2011. *Original authority: 319.109, RSMo 1989, amended 1995, 2004, 2008 and 319.137, RSMo 1989, amended 1993, 1995, 2004.