Minn. R. agency 120, ch. 2890, pt. 2890.0015
For purposes of this chapter, the terms in this part have the meanings given them.
"Active remediation" means corrective actions such as free product removal, soil vapor extraction, air sparging, soil excavation, replacement of impacted drinking water wells, groundwater pump-out, and the installation of oxygen releasing compound.
"Agency" means the Pollution Control Agency.
"Agency status update" means the labor and materials required for the consultant to notify the agency, when necessary, of the results of field work.
"Air sample analysis" means quantifying the concentration of petroleum contaminants in an air sample.
"Annual monitoring report" means the form and associated attachments required by the agency to report site monitoring results annually.
"Annual monitoring report preparation" means the labor and materials necessary to complete and submit the annual monitoring report to the agency, including, but not limited to, data analysis, data entry, drafting, photocopying, report review, shipping, and word processing.
"Applicant" means a person eligible under Minnesota Statutes, section 115C.09, to receive reimbursement from the petroleum tank release cleanup fund.
"Applicant status update" means a notification from the consultant to the applicant, in person or in writing, that explains the services performed, the data collected, and the recommendations for additional work.
"Aquifer determination" means the analysis of stratigraphic data and permeability measurements to determine whether the hydrogeologic unit is an aquifer as defined by the agency program that administers petroleum tank release cleanups.
"AST soil sampling" means soil sampling from an aboveground storage tank location.
"Background review" means a search of records to establish the site history. It includes gathering information from the applicant's records and public records. This information includes, but is not limited to, purchase and lease dates, operation dates, previous ownership, previous site use, current and previous underground storage tanks, current and previous waste oil tanks, types of products handled, current site status, tank and line testing results, inventory records, spill history, maintenance history, previous environmental assessments, and geologic setting.
"Biopiling" means composting.
"Board" means the Petroleum Tank Release Compensation Board.
"Borehole sealing" means the filling and sealing of a borehole not completed as a monitoring well.
"Citizen contact" means the labor and materials required to contact residents, property owners, business owners, and others to determine whether water wells, basements, or sumps exist on their property.
"Clean fill purchase, transportation, and installation" means the purchase, transportation, placement, and compaction of soil necessary to replace excavated petroleum-contaminated soil.
"Commissioner" means the commissioner of the Pollution Control Agency.
"Compaction" means the densification of soils by the application of mechanical energy.
"Composted soil sampling" means soil sampling from the compost pile.
"Composting" means the controlled microbial degradation of petroleum-contaminated soil. It includes the following:
"Composting monitoring worksheet" means the form and associated attachments required by the agency for reporting the results of follow-up sampling of a specific batch of composted petroleum-contaminated soil.
"Composting monitoring worksheet preparation" means the labor and materials necessary to complete and submit the composting monitoring worksheet to the agency, including, but not limited to, data analysis, data entry, photocopying, shipping, and word processing.
"Composting site application" means the form and associated attachments submitted to the agency to gain approval for a specific site to be used for the composting of petroleum-contaminated soil.
"Composting site application preparation" means the labor and materials necessary to complete and submit the composting site application to the agency, including, but not limited to, data analysis, data entry, photocopying, shipping, and word processing.
"Consultant services" means the rendering of professional opinion, advice, or analysis regarding a release.
"Contaminated stockpile soil sampling" means soil sampling from the stockpile of petroleum-contaminated soil.
"Contractor services" means products and services within a scope of work that can be defined by typical written plans and specifications including, but not limited to, excavation, treatment of contaminated soil and groundwater, soil borings and well installations, laboratory analysis, surveying, electrical work, plumbing, carpentry, and equipment.
"Corrective action" means an action taken to minimize, eliminate, or clean up a release to protect the public health and welfare or the environment.
"Decontamination" means completely cleaning down hole drilling equipment and tools to avoid cross-contamination.
"Disking" means the periodic tilling of land-treated petroleum-contaminated soil to aerate the soil.
"Draftsperson" means a person with a trade school diploma or the equivalent in computer-assisted design.
"Drilling" means the advancement of one or more soil borings to determine soil structure or to monitor for the presence of contaminants in soil. It includes hand auger drilling, hand-driven drilling, hollow stem auger drilling, push probing, sonic drilling, and any alternative method approved by the agency; borehole sealing; decontamination; drilling permitting; drinking water well installation; drinking water well permitting; mobilization/demobilization; monitoring well sealing; monitoring well installation; monitoring well permitting; and temporary well installation.
"Drilling oversight, field log preparation, and soil sampling" means the oversight of the drilling of borings, including drilling log preparation and soil sampling.
"Drilling permit" means a document issued by a state or local government agency to allow the advancement of soil borings.
"Drilling permitting" means the labor and materials required to obtain a drilling permit. It does not include the cost of the permit.
"Drinking water well installation" means the installation of a well, as part of corrective action, that provides a permanent supply of drinking water.
"Drinking water well permitting" means obtaining permits to allow the drilling and installation of drinking water wells and filing well completion or installation records with state and local agencies.
"Drum disposal" means the labor, materials, and equipment necessary to load, haul, and dispose of drums containing free product or waste generated at a leak site, including petroleum-contaminated water and used equipment and field supplies.
"Drum disposal management" means the making of arrangements for the disposal of drill cuttings, petroleum-contaminated water, or other petroleum-contaminated waste generated at a leak site.
"Entry level professional" means a person with:
"Equipment and field supplies" means the purchase or rental of equipment and supplies necessary to perform consultant services including, but not limited to, AccuVac ampoules, carbon dioxide meters, color charts, colorimetric ampoules, coolers, coring devices, decontamination fluids, direct reading probes, dissolved iron field analysis kits, electronic water level indicators, explosimeters, filtration devices, flame ionization detectors, flow cells, ice, membrane electrode probes, oil water interface indicators, oxide semiconductor total hydrocarbon detectors, personal protective gear, pH meters, photoionization detectors, polyethylene bags, pumps, rope, sample containers, sample labels, sampling bailers, sampling gloves, steel tape, temperature probes, tubing, and water-finding paste.
"Excavation" means the equipment and labor required to remove petroleum-contaminated soil and any overburden and surfacing that must be displaced to access the petroleum-contaminated soil.
"Excavation report" means the form and associated attachments required by the agency to document excavation and treatment of petroleum-contaminated soil.
"Excavation report preparation" means the labor and materials necessary to complete and submit the excavation report to the agency, including, but not limited to, data analysis, data entry, drafting, photocopying, report review, shipping, and word processing.
"Excavation soil sampling" means soil sampling from the excavation.
"Field technician" means a person who performs environmental field work.
"Field work notification and scheduling" means the labor and materials required for the consultant to contact the applicant, the agency, and subcontractors to schedule field work; and the labor and materials required for the consultant to manage the project internally. It does not include submitting a report.
"Free product recovery report worksheet" means the form and associated attachments required by the agency to report interim free product recovery actions.
"Free product recovery report worksheet preparation" means the labor and materials necessary to complete and submit the free product recovery report worksheet to the agency, including, but not limited to, data analysis, data entry, photocopying, shipping, and word processing.
"Groundwater sample analysis" means quantifying the concentration of petroleum contaminants and/or inorganic compounds present in a groundwater sample.
"Groundwater sampling (other than permanent monitoring well)" means collecting water samples from a sampling point other than a permanent monitoring well to determine petroleum contaminant concentrations, quality assurance and quality control, and the amount of free product; filling, labeling, and preserving each sample vial; and completing chain-of-custody forms.
"Groundwater sampling (permanent monitoring well)" means collecting water samples from a permanent monitoring well to determine petroleum contaminant concentrations, quality assurance and quality control, and the amount of free product; filling, labeling, and preserving each sample vial; and completing chain-of-custody forms.
"Hauling" means the transportation and unloading of:
"Health and safety plan" means preparation of a site-specific document containing local, state, and federal safety data instructions and guidelines for health and safety.
"Hydraulic conductivity field test" means a test performed on a monitoring well to determine hydraulic conductivity, including a slug test, bail test, and pump test. It does not mean using a book value for hydraulic conductivity.
"Investigation report" means the comprehensive form and associated attachments required by the agency to document remedial investigation activities.
"Investigation report preparation (full RI)" means the labor and materials necessary to complete and submit the investigation report to the agency when a full remedial investigation is necessary, including, but not limited to, aquifer determination, data analysis, data entry, drafting, photocopying, report review, shipping, and word processing.
"Investigation report preparation (LSI only)" means the labor and materials necessary to complete and submit the investigation report to the agency when only a limited site investigation is necessary, including, but not limited to, aquifer determination, data analysis, data entry, drafting, photocopying, report review, shipping, and word processing.
"Karst field survey" means the labor, equipment and field supplies, and materials required to perform a qualitative survey to identify karst features and determine their landscape position; note where water moves across, into, and out of the landscape; and correlate the resulting data with information on depth to bedrock, surficial geology, and bedrock geology.
"Land treatment" means the placement and incorporation of petroleum-contaminated soil into the native soil surface for biodegradation of petroleum contaminants. It includes the following costs or activities:
"Land treatment application" means the form and associated attachments submitted to the agency to gain approval for the land treatment of a batch of petroleum-contaminated soil at an approved land treatment site.
"Land treatment application preparation" means the labor and materials necessary to complete and submit the land treatment application to the agency, including, but not limited to, data analysis, data entry, photocopying, shipping, and word processing.
"Land treatment monitoring worksheet" means the form and associated attachments required by the agency for reporting the results of follow-up sampling of a specific batch of petroleum-contaminated soil spread at a land treatment site.
"Land treatment monitoring worksheet preparation" means the labor and materials necessary to complete and submit the land treatment monitoring worksheet to the agency, including, but not limited to, data analysis, data entry, photocopying, shipping, and word processing.
"Land treatment site application" means the form and associated attachments submitted to the agency to gain approval for a specific site to be used for the land treatment of petroleum-contaminated soil.
"Land treatment site application preparation" means the labor and materials necessary to complete and submit the land treatment site application to the agency, including, but not limited to, data analysis, data entry, photocopying, shipping, and word processing.
"Land treatment spreading notification form" means the form and associated attachments used to notify the agency that petroleum-contaminated soil approved for land treatment has been spread.
"Land treatment spreading notification form preparation" means the labor and materials necessary to complete and submit the land treatment spreading notification form to the agency, including, but not limited to, data analysis, data entry, photocopying, shipping, and word processing.
"Land-treated soil sampling" means soil sampling from the land treatment site.
"Landfilling" means the placement of petroleum-contaminated soil into a landfill.
"Limited use applicant" means an applicant who:
"Loading" means the equipment and labor required to load into a truck at the leak site:
"Midlevel professional" means a person with:
"Minnesota Department of Health drinking water hotline contact" means the labor and materials required to contact the Minnesota Department of Health drinking water hotline to find out whether the leak site is within a drinking water supply management area.
"Mobilization/demobilization (drilling)" means the preparation and transport to and from the leak site of necessary drilling equipment after the release is discovered.
"Mobilization/demobilization (heavy equipment)" means:
"Monitoring well" means a well constructed for measuring water levels and collecting representative groundwater samples.
"Monitoring well development" means the work required to remove the fines and, if necessary, drilling fluid and to ensure that an adequate hydraulic connection exists between a monitoring well and the aquifer.
"Monitoring well installation" means at-grade or above-grade completion of a monitoring well from a completed soil boring.
"Monitoring well installation oversight and development" means the oversight of the at-grade or above-grade completion of a monitoring well from a completed soil boring, including monitoring well development and monitoring well installation field log preparation.
"Monitoring well permitting" means the labor and materials required to obtain permits to allow the drilling and installation of monitoring wells and to file well completion or installation records with state and local agencies. It does not include the cost of the permits.
"Monitoring well sealing" means the permanent discontinuation of a monitoring well according to applicable well codes.
"Monitoring well sealing oversight" means the time required to oversee the permanent discontinuation of a monitoring well according to applicable well codes.
"Nonspecific administration" means the labor, equipment and field supplies, and materials required to perform routine administrative tasks that are not otherwise billed to the applicant, such as those required for scheduling and directing staff assignments, coordinating subcontractors, accounting and payroll, ordering and receiving supplies and equipment, and on-site supervision of staff and subcontractors.
"Off-site access time" means the time spent by the consultant getting permission from property owners other than the applicant to enter their property to do a remedial investigation or carry out a corrective action plan and to provide information to the property owner about the results and activities conducted on the property.
"Overburden" means soil that must be removed to access the petroleum-contaminated soil.
"Per diem" means costs for meals and lodging when the distance to the leak site makes it more cost-effective to lodge overnight near the leak site.
"Person" means an individual, partnership, association, public or private corporation, or other legal entity, including the United States government, an interstate commission or other body, the state, or any agency, board, bureau, office, department, or political subdivision of the state.
"Photocopying" means making copies of a report or worksheet submitted to the agency.
"Prima facie unreasonable" means unreasonable absent proof by a preponderance of the evidence.
"Pumping of free product or petroleum-contaminated water" means the cost to pump free product or petroleum-contaminated water from the excavation basin using a vacuum truck.
"Quarterly onitoring report" means the form and associated attachments required by the agency to report quarterly site monitoring results for the period after the investigation report is submitted until that form is reviewed by agency staff or at other times when requested to provide such information by the agency.
"Quarterly monitoring report preparation" means the labor and materials necessary to complete and submit the quarterly monitoring report to the agency, including, but not limited to, data analysis, data entry, drafting, photocopying, report review, shipping, and word processing.
"Report" means a report and its associated attachments that are required by the agency as a necessary part of corrective action.
"Sample shipping and transportation" means the cost to ship or transport air, groundwater, or soil samples to a laboratory for analysis, and the labor and materials required to count, package, and prepare shipping paperwork for the samples.
"Saw cutting" means the labor, materials, and tools required to cut through asphalt, concrete, or similar surfacing as part of corrective action.
"Senior level professional" means a person with:
"Shipping" means mailing an agency-required form, report, or worksheet to the applicant and agency.
"Soil disposal" means:
"Soil sample analysis" means quantifying the concentration of petroleum contaminants and/or inorganic compounds present in a soil sample.
"Soil sampling" means field screening and collecting soil samples to determine grain size, organic vapor concentrations, quality assurance and quality control, stratigraphy, and the amount of free product; filling, labeling, and preserving each sample vial; and completing chain-of-custody forms.
"Soil test pit excavation" means the excavation, backfilling, and compaction, if necessary, of small pits in the area of maximum contamination to determine the vertical and horizontal extent of petroleum-contaminated soil.
"Spreading" means the labor and equipment necessary for the placement of petroleum-contaminated soil at the land treatment site.
"State duty officer emergency contact" means a telephone call placed to the state duty officer immediately after a site assessment for emergency conditions indicates that an emergency condition exists at the site. It does not include a call placed to the state duty officer to report a release.
"Step of services" means:
"Stockpiling" means the equipment, materials, and labor necessary to temporarily store petroleum-contaminated soil on an impermeable surface and cover the petroleum-contaminated soil with plastic anchored in place to prevent exposure to the elements.
"Subsurface monitoring point" means one location comprised of three depths (bottom, mid-depth, and top) from which monitoring readings are taken.
"Surface disposal tipping fees" means the fees paid to dispose of asphalt, concrete, sod, or other surfacing that was removed as part of corrective action.
"Surface removal" means the labor, materials, and tools required to remove asphalt, concrete, sod, or other surfacing as part of corrective action.
"Surface replacement" means the labor, materials, and tools required to install appropriate base material and replace asphalt, concrete, sod, or other surfacing that was removed as part of corrective action.
"Surface water receptor survey and risk evaluation" means the labor, equipment and field supplies, and materials required to perform a qualitative survey to identify surface water bodies that potentially may be impacted if petroleum contamination is present.
"Surveying and surveying equipment" means the labor, equipment and field supplies, and materials required to establish the locations and ground surface elevations of soil borings, monitoring wells, and other pertinent site features.
"System installation" means the labor and equipment necessary to install the remediation system.
"Temporary well installation" means the conversion of a soil boring into a temporary monitoring well.
"Temporary well installation oversight" means the oversight of the conversion of a soil boring into a temporary monitoring well.
"Thermal treatment" means the burning of petroleum-contaminated soil by a soil roaster that has received an agency air emission permit. It includes:
"Thermal treatment application" means the form and associated attachments submitted to the agency to gain approval for the thermal treatment of a batch of petroleum-contaminated soil at a permitted thermal treatment facility.
"Thermal treatment application preparation" means the labor and materials necessary to complete and submit the thermal treatment application to the agency, including, but not limited to, data analysis, data entry, photocopying, shipping, and word processing.
"Travel time" means the time required to mobilize equipment and to travel to and from the leak site or other location necessary to provide consultant services.
"Treatment of free product or petroleum-contaminated water" means the cost to treat free product or petroleum-contaminated water recovered from the leak site, excluding free product or petroleum-contaminated water put into drums for drum disposal.
"Utility backfill investigation" means the advancement of hand-driven or hand-augered soil borings in the backfill surrounding sanitary and storm sewer lines, water mains, or other utilities that intercept contaminated soil or groundwater.
"Utility clearance" means the process used by the consultant, driller, excavation contractor, or private utility coordinator to identify and locate all aboveground and underground utilities.
"Vapor receptor survey and risk evaluation" means the labor, equipment and field supplies, and materials required to perform a qualitative survey to identify the location and type of nearby potential vapor receptors and to evaluate the information to identify risks from petroleum vapors.
"Vehicle mileage" means the per-mile costs associated with providing and using a vehicle to travel to and from the leak site or other location necessary to provide consultant services.
"Water well receptor survey and risk evaluation" means the labor, equipment and field supplies, and materials required to perform a qualitative survey to identify water wells that may be at risk from the petroleum release and to provide information regarding the geology and groundwater use near the release site. It includes Minnesota Department of Health drinking water hotline contact.
"Word processing" means using a computer or a typewriter to prepare correspondence or prepare a form, report, or worksheet submitted to the agency.
"Word processor" means a person who performs word processing.
Minn. R. agency 120, ch. 2890, pt. 2890.0015
Statutory Authority: MS s 46.023; 115C.07