Section Env-Or 611.03 - Non-hazardous Oil-Contaminated Soil (NOCS) Certification(a) Contaminated soils associated with a discharge of oil shall be evaluated as described in this section to determine if the soils can be certified as NOCS.(b) The responsible party shall complete a summary of site ownership history and history of use at the site.(c) The responsible party shall retain an environmental consultant or environmental contractor to observe the site and the soil and review the summary of site ownership history and history of use provided by the responsible party pursuant to (b), above.(d) The soil shall be certified as NOCS by the responsible party's environmental consultant or environmental contractor if:(1) The contaminated soils are derived from an oil discharge from a household or from underground storage facilities regulated under RSA 146-C; and(2) A history of site ownership and operation based on documented land use in accordance with ASTM E 1527 reveals no known activity that might have caused the soil to become contaminated with a hazardous waste as defined in RSA 147-B:2, VII.(e) If contaminated soils are not generated from households or from underground storage facilities regulated under RSA 146-C, or a history of site ownership and operation based on documented land use in accordance with ASTM E 1527 reveals some activity that might have caused the soil to become contaminated with a hazardous waste as defined in RSA 147-B:2, VII, the responsible party shall conduct a hazardous waste determination in accordance with Env-Hw 100 et seq.(f) The contaminated soil sampled pursuant to (e), above, shall be certified as NOCS by the responsible party's environmental consultant or environmental contractor only if the testing indicates the soil is not a hazardous waste as defined in RSA 147-B:2, VII.N.H. Admin. Code § Env-Or 611.03
(See Revision Note at chapter heading for Env-Or 600) #8812, eff 2-1-07
Amended by Volume XXXV Number 23, Filed June 11, 2015 , Proposed by #10831, Effective 6/1/2015, Expires6/1/2025.