W. Va. Code R. § 61-6B-11

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 61-6B-11 - Secondary Containment of Fluid Bulk Fertilizer - Dikes and Elephant Rings

11.1. All primary storage of fluid bulk fertilizers shall be located within a diked area constructed with a base, perimeter wall and sloped floor drain or within an elephant ring as provided by this section.

11.2. No person may use the diked area for storage of products other than fluid bulk fertilizers and equipment used in the operational area. Adjoining secondary containment areas may share common walls.

11.3. All operators must maintain the minimum capacity requirement at all times. The minimum capacity requirement for the diked area for containment shall contain, below the height of the dike, one hundred twenty-five percent (125%) of the volume of the largest storage container within the diked area plus the submerged portions of all other storage containers, fixtures, and materials in the area. (The minimum capacity when the diked area is covered to prevent the accumulation of rainfall is a capacity equal to 100% of the volume of the largest container.)

11.4. Except where used as a method of monitoring the integrity of a secondary containment system, drainage tile within or underlying the area to be diked shall be eliminated.

11.5. All dikes providing secondary containment shall meet the following requirements:

11.5.1. the walls of a secondary containment facility shall be constructed of earth, steel, concrete or solid masonry, or other material specifically approved by the commissioner, and be designed to withstand a full hydrostatic head of any discharged fluid and weight load of material used in construction;

11.5.2. cracks and seams shall be sealed to prevent leakage;

11.5.3. walls constructed of earth or other permeable materials shall be lined as provided in this section;

11.5.4. earthen walls shall have a horizontal-to-vertical slope of at least three (3) to one (1), unless a steeper slope is consistent with good engineering practice, and shall be packed and protected from erosion;

11.5.5. the top of earthen walls shall be no less than two and one half (2.5) feet wide;

11.5.6. walls may exceed 6 (six) feet in height above interior grade only when provisions are made for normal access and necessary emergency access to tanks, valves and other equipment, and for safe exit from the secondary containment facility;

11.5.7. walls constructed of concrete or solid masonry shall rest upon a floating base of concrete prepared as in this section or upon suitable concrete footings which extend below the average frost depth to provide structural integrity;

11.5.8. the base of a secondary containment facility, and any earthen walls of the facility shall be lined with asphalt, concrete, an approved synthetic liner, or a clay soil liner designed to limit permeability of the base and walls. Liners shall meet the following requirements.

a. Asphalt or concrete liners shall be designed to withstand any loading conditions, including a full hydrostatic head of discharged fluid and static loads of storage containers, including appurtenances, equipment, and contents. Cracks and seams shall be sealed to prevent leakage.

b. Synthetic liners and installation plans shall be approved by the commissioner. All requests for approval shall include a written confirmation from the manufacturer of suitability including compatibility with the stored materials, and a written estimate of the life of the liner. Synthetic liners shall have a minimum thickness of thirty (30) mils (0.8 millimeters); and shall be installed under the supervision of a qualified representative of the manufacturer or a professional engineer. All field constructed seams shall be tested, and repaired if necessary, in accordance with the manufacturer's recommendations.

c. Soil liners shall be constructed by sealing the surface of the soil, including the berm of an earthen dike with a sealing agent such as sodium bentonite, attapulgite or a similar clay material. The soil liner shall be constructed in accordance with civil engineering practices, to achieve a coefficient of permeability not to exceed 1.0 x 10^-6 cm/sec, with a thickness of not less than six (6) inches. The floor of the containment area within the soil liner shall be protected with a layer of gravel or crushed stone at least six (6) inches thick placed on top of the clay liner.

11.6. A liner need not be installed directly under a storage container having a capacity of one hundred thousand (100,000) U.S. gallons or more which has been constructed on site and put into use prior to the effective date of this rule when an official of the company which owns the storage container certifies in writing to the commissioner that one of the following alternative procedures has been complied with.

11.6.1. Alternative 1: The original bottom of the storage container shall be tested for leaks before the sand layer and second bottom are installed. A second bottom made of steel shall be constructed for the storage container. The second bottom shall be placed over the original bottom and a layer of smooth, fine gravel or coarse sand having a minimum thickness of three (3) inches. The newly constructed bottom shall be tested for leaks before any fluid fertilizer is stored on the newly constructed bottom. A record of all tests shall be filed at the storage facility, or at the nearest local office from which the storage facility is administered.

11.6.2. Alternative 2: The container shall be emptied, cleaned, and tested for leaks. The walls and floor of the container shall be tested to assure that welds and thickness of steel plates are sound and adequate to contain the fertilizers. A record of the inspection, test results, and of any repairs made shall be submitted to the control official and maintained by the operator. The interior floor and wall areas of the container shall be coated with a liner to inhibit corrosion. A record of this procedure shall be submitted to the commissioner and maintained by the operator. A test for leaks and liner deterioration shall be conducted every five (5) years thereafter. A record of the test findings and of indicated repairs and maintenance shall be maintained by the operator.

11.6.3. Alternative 3: Monitoring devices shall be installed in angled borings under each tank. These monitoring devices shall constitute a leak detection system for each tank in advance of the point at which any leak would reach groundwater. The number, length, and depth of each boring shall be determined on the basis of site characteristics. The array of monitoring devices under each tank shall constitute the best practical early warning detection system for tank leakage. Each monitoring plan under this alternative shall be implemented only upon review and approval of the commissioner.

11.7. Rail cars that are periodically moved into and out of the storage facility shall not be required to have secondary containment structures.

11.8. Individual storage containers not exceeding three thousand (3,000) gallons may be contained within an "elephant ring" in lieu of a diked secondary containment area only when:

11.8.1. both the primary storage container and the elephant ring are fabricated of material compatible with each other and with the fertilizer being stored;

11.8.2. provisions are made to prevent corrosion when dissimilar metals are used that may contribute to electrolytic corrosion between the primary storage container and the elephant ring;

11.8.3. the height of the elephant ring wall does not exceed four (4) feet unless provisions are made for escape should flooding occur;

11.8.4. the volume contained within the secondary storage walls of the elephant ring up to the working height of the elephant ring is sufficient to contain a volume fifteen percent (15%) greater than the volume contained in the primary storage container plus the volume displaced by the footings of any equipment (i.e. pumps, meters, etc.) placed within the secondary containment vessel;

11.8.5. the elephant ring is maintained free of leaks and structural defects at all times;

11.8.6. the base is protected from corrosion, both from inside and outside the ring, and is underlain by a concrete pad or with eight (8) inches of compacted gravel beneath four inches of compacted sand, or clay, or as recommended by the manufacturer of the elephant ring and approved by the commissioner;

11.8.7. all piping connections to the primary storage container are made over the wall of the elephant ring and are adequately supported and braced;

11.8.8. there is a sump pump within the elephant ring or an exterior portable pump available for removing operational discharges; and

11.8.9. pumps and other fixtures, if located within the elephant ring containment structure, are placed on an elevated platform above the top of the elephant ring or otherwise protected from flooding.

11.9. All facilities that are in operation on the effective date of this rule shall be permitted three (3) years to fully comply with this section of the rule as long as the operator submits a plan for full compliance with this section of the rule within two (2) years of the effective date of this rule and the operator takes immediate action to prevent groundwater pollution within the capability of the current facility.

W. Va. Code R. § 61-6B-11