15A NCAC 02T .1502      DEFINITIONS

The following definitions apply to this Section:

(1)           "Contaminated soil" means soil containing petroleum products or other soil containing non-petroleum substances as a result of a release or discharge as defined in G.S. 143-215.77, but does not include hazardous waste.

(2)           "Dedicated site" means a site used for more than one application of petroleum-contaminated soils onto the same receiver site within an 18-month period.

(3)           "Permitting agency" means the Division of Waste Management, UST Section, for contaminated soils originating from discharges of petroleum and for dedicated sites. For other soils originating from non-petroleum sources, the permitting agency means the Division of Water Resources. If the permitting agency is the Division of Waste Management, the Division of Waste Management shall be considered the Division for the purposes of Section .0100 of this Subchapter.

(4)           "Petroleum-contaminated soil" or "Soil containing petroleum products" shall mean any soil that has been exposed to petroleum products because of any emission, spillage, leakage, pumping, pouring, emptying, or dumping of petroleum products onto or beneath the land surface and that exhibits characteristics or concentrations of petroleum product constituents in quantities that exceed either the soil-to-groundwater contaminant concentrations or the residential maximum soil contaminant concentrations established by the Department pursuant to 15A NCAC 02L .0411, whichever is lower, by compatible laboratory analytical procedures pursuant to 15A NCAC 02H .0800.

(5)           "Petroleum product" means any petroleum product as defined by G.S. 143‑215.94A and includes motor gasoline, aviation gasoline, gasohol, jet fuels, kerosene, diesel fuel, fuel oils (#1 through #6), and motor oils (new and used).

(6)           "Soil remediation at conventional rates" means the treatment of contaminated soils by land application methods at an evenly-distributed application layer of contaminated soils not to exceed six inches in thickness.

(7)           "Soil remediation at minimum rates" means the treatment of contaminated soils by land application methods at an evenly-distributed application layer of contaminated soils not to exceed one inch in thickness.

History Note:        Authority G.S. 143-215.1; 143-215.3(a);

Eff. September 1, 2006;

Readopted Eff. January 1, 2018.