Tennessee Environmental Law Blog

On April 28, 2010 at the 39^th Annual Solid And Hazardous Waste Conference, the Division of Solid Waste Management presented its new policy with regard to environmental cleanup for transportation related spills. Click on the following link to access the policy:  uploads/Environmental Cleanup Transportation Petroleum Spills Original 2010 04.pdf  . The policy, prepared and presented by Rick Whitson of the Division of Solid Waste Management, is a detailed step by step requirement of how to properly address such spills. The policy creates two categories for environmental cleanups. The first is for traffic accident spills contaminating environmental media with less than 25 gallons of petroleum. The second is for traffic accident spills contaminating environmental media with more than 25 gallons of petroleum. Contaminated media is defined as petroleum that spills directly onto and/or migrates from paved surfaces into gravel, soil and/or water.

 

For spills under 25 gallons, the Division of Solid waste management and TEMA need not be notified, but the petroleum contaminated media must be addressed usually be excavation and containment within 24 hours. The Division will allow up to five cubic yards of this contaminated media to be disposed of without special waste approval in a Class I landfill with their permission or otherwise properly treated. This must be done within two weeks.

 

For spills in excess of 25 gallons the owner or operator of the vehicle must adhere to much more detailed guidance. TEMA is to be notified immediately. TEMA will notify the Division of Solid Waste Management. Samples must be taken as appropriate and excavation will be required where levels exceed the Division of Underground Storage Tanks No further action levels (NFALs). Site spills above the NFAL are transferred to the State Rediation Program. Within 50 days collected liquid must be appropriately treated or recycled and contaminated media must be appropriately treated or sent to an appropriate disposal facility after obtaining special waste approval. Within 75 days the owner or operator of the vehicle must submit a report to the field office containg 17 different components.

 

According to Division officials this policy will be enforced consistent with other division enforcement requirements, such as notices of violations, commissioners orders and civil penalties. Of course, they expect voluntary compliance. It should be noted that this policy is not for emergency response.

 

For more information contact Rick Whitson at 423-854-5464. 

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