5-2-5-5: PETROLEUM CONTAMINATED SOIL DISPOSAL:
   A.   County disposal sites can accept, as determined on a case by case basis, petroleum contaminated soil from underground storage tank (UST) cleanup sites. The petroleum contaminated soil must qualify as a nonhazardous waste under 40 CFR part 261.4(b)(10).
   B.   The solid waste management division will individually review all requests for disposal of petroleum contaminated soil at county operated disposal sites. The person requesting disposal must demonstrate that the petroleum contaminated soil is acceptable for final disposal.
   C.   Any person who desires to dispose of petroleum contaminated soil at a county operated disposal site must submit a written request to the solid waste management division. When the request is received, the solid waste management division will review the material. If any of the following conditions exist, pursuant to federal law the solid waste management division shall refuse to accept the petroleum contaminated soil:
      1.   The petroleum contaminated soil contains a resource conservation and recovery act (RCRA) listed hazardous material that is not exempted by 40 CFR part 261.4; or
      2.   The petroleum contaminated soil poses a health and/or safety risk to solid waste management division personnel; or
      3.   The petroleum contaminated soil contains free product or is in a slurry form.
   D.   The solid waste management division will accept, for disposal at a county operated disposal site on a case by case basis, petroleum contaminated waste under the exemptions provided in 40 CFR 261.4(b)(10).
   E.   Any person who requests disposal of petroleum contaminated soil at a county operated disposal site shall provide representative samples to a laboratory approved by the Idaho department of environmental quality (DEQ). The solid waste management division will determine the amount of sampling required.
      1.   Field samples taken with hydrocarbon vapor measuring equipment (HNU, OVA, etc.) are not acceptable.
      2.   Approved EPA or state analytical laboratory methods must be used.
   F.   Any person who requests disposal of petroleum contaminated soil at a county operated disposal site must provide documentation from a recognized professional in the field of treating petroleum contaminated soil that the soil meets the solid waste management division requirements for final disposal.
   G.   Petroleum contaminated soil not containing other hazardous constituents with TC levels and TPH levels below the concentration levels listed in the following table may be accepted for direct disposal at a county operated disposal site:
 
Contaminant
Maximum Contaminant Concentration (ppm)
Gasoline
100
Diesel
1,000
JP-4 (jet A)
100
Stove oil
1,000
Bunker C
1,000
Waste oil (motor oil)
50
 
   H.   Petroleum contaminated soil with contaminant concentrations greater than the amounts in the above table may be accepted for treatment at a county operated disposal site on a case by case basis. Any person who requests disposal is responsible for all expenses associated with treatment, testing, and storage, and such charges shall be determined on a case by case basis.
   I.   The solid waste management division reserves the right to require additional testing prior to disposal of petroleum contaminated soil at a county operated disposal site. The solid waste management division also reserves the right to reject any petroleum contaminated soil that may potentially pose an unreasonable risk or environmental concern. (Ord. 577, 3-22-2005; amd. Ord. 744, 2-23-2010)