Title 35 Environmental Protection Agency § 670.Contents
Subtitle F Part 670 - 1 June 17, 1994
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 670
MINIMAL HAZARD CERTIFICATION
SUBPART A: GENERAL
Section
670.101 Purpose
670.102 Definitions
670.103 Compliance with the Act, Board Rules, and Permit Conditions
670.104 Conflicts with Board Rules
670.105 Severability
670.106 Agency Mailing Address
670.107 Incorporations by Reference
SUBPART B: MINIMAL HAZARD CERTIFICATION SYSTEM
Section
670.201 Applicability
670.203 Minimal Hazard Certification Requirements
670.205 Agency Review and Confirmation of Certification
670.207 Certification Conditions
670.209 Finding of Certification Adequacy
670.211 Failure to Act
670.213 Decertification
670.215 Certification Listing
670.217 County or Municipality Agreements
SUBPART C: USE AND MANAGEMENT OF CONTAINERS
Section
670.301 Containers
SUBPART D: USE AND MANAGEMENT OF ABOVE GROUND TANKS
Section
670.401 Above Ground Tanks
SUBPART E: USE AND MANAGEMENT OF WASTE PILES
Section
670.501 Waste Piles
AUTHORITY: Implementing and authorized by Section 14.5 of the Illinois Environmental Protection Act
(Ill. Rev. Stat. 1991, ch. 111 1/2, par. 1014.5) [415 ILCS 5/14.5].
SOURCE: Adopted at 18 Ill. Reg. 10122, effective June 17, 1994.
Title 35 Environmental Protection Agency § 670.101
Subtitle F Part 670 - 2 June 17, 1994
SUBPART A: GENERAL
Section 670.101 Purpose
a) Section 14.5(a) of the Illinois Environmental Protection Act ("Act") (Ill. Rev. Stat. 1991, ch. 111 1/2,
par. 1014.5(a)) [415 ILCS 5/14.5(a)] requires the Illinois Environmental Protection Agency ("Agency")
to administer a certification system for sites which represent a minimal hazard with respect to
contamination of groundwaters by potential primary or potential secondary sources as defined in
Sections 3.59 and 3.60 of the Act.
b) Section 14.5(a) of the Act requires the Agency to develop and make available a minimal hazard
certification form and guidelines for the use and management of containers and above ground tanks,
and for the piling of waste.
c) When a certification has been provided with respect to which the Agency has made a finding of
adequacy or has failed to act in a timely manner pursuant to>> Section 670.205 of this Part, the site
shall not be subject to the provisions of subsection (d) of Section 14.2 or Section 14.4 of the Act and
regulations adopted thereunder. (Section 14.5(d) of the Act)
d) Section 14.5(b) of the Act requires that the owner of any site who applies for a certification of minimal
hazard must demonstrate that the use and management of above ground tanks, containers, and
waste piles are consistent with guidelines adopted by the Agency.
e) The rules set forth in this Part constitute the Agency's guidelines for the use and management of
above ground tanks, containers, and waste piles pursuant to Section 14.5 of the Act.
Section 670.102 Definitions
The definitions of the Illinois Environmental Protection Act (Ill. Rev. Stat. 1991, ch. 111 1/2, pars. 1001
through 1056.6) [415 ILCS 5] and the Illinois Groundwater Protection Act (Ill. Rev. Stat. 1991, ch. 111 1/2,
par. 7451-7459) [415 ILCS 55] apply to this Part. The following definitions also apply to this Part.
"Above Ground Tank" is a tank located entirely off the ground so that all sides and the bottom
may be visually inspected externally for integrity, or such that the bottom is in contact only with a
relatively impermeable base.
"Act" means the Environmental Protection Act (Ill. Rev. Stat. 1991, ch. 111 1/2. pars. 1001
through 1056.6) [415 ILCS 5].
"Agency" means the Illinois Environmental Protection Agency.
"Agrichemical facility" means a site used for commercial purposes, where bulk pesticides are
stored in a single container in excess of 300 gallons of liquid pesticide or 300 pounds of dry
pesticide for more than 30 days per year or where more than 300 gallons of liquid pesticide or 300
pounds of dry pesticide are being mixed, repackaged or transferred from one container to the
other within a 30 day period or a site where bulk fertilizers are stored, mixed, repackaged or
transferred from one container to another.
"Board" means the Illinois Pollution Control Board.
"Certification" means a statement of professional opinion based upon knowledge and belief.
"Closure" is the act of decontamination of affected areas at a facility or site.
Title 35 Environmental Protection Agency § 670.102
Subtitle F Part 670 - 3 June 17, 1994
"Container" means any portable device (including, but not limited to, 55 gallon drums) in which
material is stored, treated, disposed of or otherwise handled. The term "container" does not
include a vehicle used to transport material.
"hazardous substance" means (A) any substance designated pursuant to Section 311(b)(2)(A) of the
Federal Water Pollution Control Act (P.L. 92-500), as amended, (B) any element, compound, mixture,
solution, or substance designated pursuant to Section 102 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (P.L. 96-510), as amended, (C) any hazardous
waste, (D) any toxic pollutant listed under Section 307(A) of the Federal Water Pollution Control Act
(P.L. 92-500), as amended, (E) any hazardous air pollutant listed under Section 112 of the Clean Air
Act (P.L. 95-95), as amended, (F) any imminently hazardous chemical substance or mixture with
respect to which the administrator of the U.S. Environmental Protection Agency has taken action
pursuant to Section 7 of the Toxic Substances Control Act (P.L. 94-469), as amended. The term
does not include petroleum, including crude oil or any fraction thereof which is not otherwise
specifically listed or designated as a hazardous substance under (A) through (F) of this paragraph,
and the term does not include natural gas, natural gas liquids, liquified natural gas, or synthetic gas
usable for fuel or mixtures of natural gas and such synthetic gas. (Section 3.14 of the Act)
"IEMA" means the Illinois Emergency Management Agency.
"Ignitable Material" is a material which:
Is a liquid, other than an aqueous solution, containing less than 24 percent alcohol by
volume and has a flash point less than 60 degrees celsius (140 degrees F), as
determined by Pensky-Martens Closed Cup Tester, using the test method specified in the
American Society of Testing Materials (ASTM) Standard D-93-79 or D-93-80, or a
Setaflash Closed Cup Tester, using the test method specified in ASTM Standard
D-3278-78.
Is a liquid and is capable, under standard temperature and pressure, of causing fire
through friction, absorption of moisture or spontaneous chemical changes and, when
ignited, burns so vigorously and persistently that it creates a hazard.
Is an ignitable compressed gas as defined in 40 CFR 173.300 (1991) and as determined
by the test methods described in that regulation.
Is an oxidizer as defined in 49 CFR 173.151 (1991).
"Incompatible Material" is a material for which the following is prohibited:
Placement in a particular device or facility because it may cause corrosion or decay of
containment materials (e.g., container inner liners or tank walls); or
Commingling with another material under uncontrolled conditions because the
commingling might produce heat or pressure, fire or explosion, violent reaction, toxic
dusts, mists, fumes or gases or flammable fumes or gases.
"Petroleum" shall have the meaning ascribed to it in Subtitle I of the Hazardous and Solid Waste
Amendments of 1984 (P.L. 98-616), of the Resource Conservation and Recovery Act of 1976 (P.L.
94-580). (Section 22.18(e)(1) of the Act)
"Potential Primary Source" means any unit at a facility or site not currently subject to a removal or
Title 35 Environmental Protection Agency § 670.102
Subtitle F Part 670 - 4 June 17, 1994
remedial action which:
Is utilized for the treatment, storage, or disposal of any hazardous or special waste not
generated at the site; or
Is utilized for the disposal of municipal waste not generated at the site, other than landscape
waste and construction and demolition debris;or
Is utilized for the landfilling, land treating, surface impounding or piling of any hazardous or
special waste that is generated on the site or at other sites owned, controlled or operated by
the same person; or
Stores or accumulates at any time more than 75,000 pounds above ground, or more than
7,500 pounds below ground, of any hazardous substances. (Section 3.59 of the Act)
"Potential Secondary Source" means any unit at a facility or a site not currently subject to a removal or
remedial action, other than a potential primary source, which:
Is utilized for the landfilling, land treating, or surface impounding of waste that is generated on the
site or at other sites owned, controlled or operated by the same person, other than livestock and
landscape waste, and construction and demolition debris; or
Stores or accumulates at any time more than 25,000 but not more than 75,000 pounds above
ground, or more than 2,500 but not more than 7,500 pounds below ground, of any hazardous
substance; or
Stores or accumulates at any time more than 25,000 gallons above ground, or more than 500
gallons below ground, of petroleum, including crude oil or any fraction thereof which is not
otherwise specifically listed or designated as a hazardous substance; or
Stores or accumulates pesticides, fertilizers, or road oils for purposes of commercial
application or for distribution to retail sales outlets; or
Stores or accumulates at any time more than 50,000 pounds of any de-icing agent; or
Is utilized for handling livestock waste or for treating domestic wastewaters other than private
sewage disposal systems as defined in the "Private Sewage Disposal Licensing Act".
(Section 3.60 of the Act)
A
Reactive Material" is a material that:
Is normally unstable and readily undergoes violent change without detonating;
Reacts violently with water;
Forms potentially explosive mixtures with water;
When mixed with water, generates toxic gases, vapors or fumes in a quantity sufficient to
present danger to human health or the environment;
Is capable of detonation of an explosive reaction if it is subjected to a strong initiating source
or if heated uder confinement;
Title 35 Environmental Protection Agency § 670.103
Subtitle F Part 670 - 5 June 17, 1994
Is readily capable of detonation of explosive decomposition or reaction at standard
temperature and pressure;
Is a forbidden explosive as defined in 40 CFR 173.51 (1991), or a Class A explosive as
defined in 49 CFR 173.53 (1991) or a Class B explosive as defined in 40 CFR 173.88 (1991).
"Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, ejecting,
escaping, leaching, dumping, or disposing into the environment, but excludes:
Any release which results in exposure to persons solely within a workplace, with respect to a
claim which such persons may assert against the employer of such persons;
Emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or
pipeline pumping station engine;
Release of source, byproduct, or special nuclear material from a nuclear incident, as those
terms are defined in the Atomic Energy Act of 1954, if such release is subject to requirements
with respect to financial protection established by the Nuclear Regulatory Commission under
Section 170 of such Act; and
The normal application of fertilizer (Section 3.33 of the Act)
"Special waste" means any industrial process waste, pollution control waste or hazardous waste,
except as determined pursuant to Section 22.9 of this Act. "Special waste" also means any potentially
infectious medical waste. (Section 3.33 of the Act)
"Tank" is a stationary device, designed to contain an accumulation of material, that is constructed of
non-earthen materials (e.g., wood, concrete, steel, plastic) which provide structural support. This
does not include areas used to accumulate material prior to pumping to tanks or containers (i.e.,
sump pits) nor associated piping. "Tank" does not include vehicles used to transport material.
"Underground Tank" is a device meeting the definition of "tank" whose entire surface area is totally
below the surface of and covered by the ground.
"Waste Pile" means piles of waste, other than special or hazardous waste, that could cause
groundwater contamination.
Section 670.103 Compliance with the Act, Board Rules, and Permit Conditions
Containers, above ground tanks, and waste piles must be in compliance with the Act, Board rules, and all
conditions contained in permits issued by the Agency.
Section 670.104 Conflicts with Board Rules
If any provision of this Part conflicts with any rule adopted by the Board under the Act, the Board rule shall
control.
Section 670.105 Severability
If any provision of this Part or the application thereof to any person or in any circumstance is adjudged
invalid, such adjudication shall not affect the validity of this Part as a whole or any provision thereof not
adjudged invalid.
Title 35 Environmental Protection Agency § 670.106
Subtitle F Part 670 - 6 June 17, 1994
Section 670.106 Agency Mailing Address
Each request, report, notice, or other document submitted to the Agency under this Part shall be mailed to
the following address:
Division of Public Water Supplies
Bureau of Water
Illinois Environmental Protection Agency
2200 Churchill Road
Post Office Box 19276
Springfield, Illinois 62794-9276
Section 670.107 Incorporations by Reference
The Agency incorporates the following materials by reference:
ASTM. American Society for Testing and Materials, 1916 Race Street, Philadelphia PA 19103
(215)299-5400
"Standard Test Methods for Flash Point by Pensky-Martens Closed Tester" D93-85.
SUBPART B: MINIMAL HAZARD CERTIFICATION SYSTEM
Section 670.201 Applicability
This Subpart applies to the owner or operator of any new or existing potential primary or secondary source
of contamination that is within the setback zone or any regulated recharge area of a potable water supply
well.
Section 670.203 Minimal Hazard Certification Requirements
a) The owner or operator of any potential primary or secondary source identified in Section 670.201 may
provide a certification to the Agency.
b) If the owner or operator of any potential primary or secondary source submits a certification pursuant
to subsection (a), the owner or operator shall provide the certification in a form as prescribed by the
Agency in Section 670.Appendix A, if and only if the following conditions are met:
1) No on-site landfilling, land treating, or surface impounding of waste, other than landscape waste
or construction and demolition debris, has taken place and such circumstance will continue;
2) No on-site piles of special or hazardous waste are present and such circumstances will continue,
and any piling of other wastes which could cause contamination of groundwater will be consistent
with guidelines developed by the Agency;
3) No underground storage tanks are present on the site and such circumstances will continue;
4) Use and management of containers and above ground tanks will be consistent with guidelines
developed by the Agency;
5) No on-site release of any hazardous substance or petroleum has taken place which was of
sufficient magnitude to contaminate groundwaters;
Title 35 Environmental Protection Agency § 670.205
Subtitle F Part 670 - 7 June 17, 1994
6) No more than 100 gallons of either pesticides or organic solvents, or 10,000 gallons of any
hazardous substances, or 30,000 gallons of petroleum, will be present at any time; and
7) Notice has been given to the owner of each community water supply well within 1,000 feet of the
site. (Section 14.5(b) of the Act)
Section 670.205 Agency Review and Confirmation of Certification
Upon receipt of a certification pursuant to Section 670.203, the Agency shall, within 90 days, take one of
the following actions:
a) Notify the owner of the site in writing that the certification is complete and adequate;
b) Notify the owner of the site in writing that the certification is not adequate, including a statement of the
reasons therefor;
c) Notify the owner of the site in writing that a site inspection will be held within 120 days, and that
following such inspection but still within the 120 day period further action will be taken pursuant to
subsections (a) and (b) of this Section;
d) Notify in writing the owner of the site that pursuant to Section 17.1 of the Act a county or municipality
is conducting a groundwater protection needs assessment or the Agency is conducting a well site
survey which encompasses the site for which certification is being processed, and specify a time
period, not to exceed a total of 180 days from the date of the notice, for consideration of the findings
from such assessment or survey and by which further action will be taken pursuant to subsections (a)
and (b) of this Section. (Section 14.5(c) of the Act)
Section 670.207 Certification Conditions
A certification is not adequate if it fails to address each of the conditions required to be met by Section
670.203, or if the Agency possesses information which reasonably suggests that any statement made in
the certification is inaccurate or incomplete. Action under subsection 670.205(a) or (b) shall constitute a
final determination of the Agency. (Section 14.5(c) of the Act)
Section 670.209 Finding of Certification Adequacy
a) When a certification has been provided with respect to which the Agency has made a finding of
adequacy or has failed to act in a timely manner pursuant to Section 670.205 of this Subpart, the site
shall not be subject to the provisions of subsection (d) of Section 14.2 or Section 14.4 of the Act and
regulations adopted thereunder for the following time periods:
1) Three years, if the site is located within a minimum or maximum setback zone, during which time
the owner must recertify to continue such status;
2) Five years, if the site is located within a regulated recharge area, during which time the owner
must recertify to continue such status; or
3) 90 days past the time when a change of ownership takes place, during which time the new owner
must recertify to continue such status. (Section 14.5(d) of the Act)
b) Except as provided in subsections (c) Iand (h) of Section 14.2 of the Act and Section 14.5 of the Act,
Title 35 Environmental Protection Agency § 670.211
Subtitle F Part 670 - 8 June 17, 1994
no new potential route or potential primary source or potential secondary source may be placed within
400 feet of any existing or permitted community water supply well deriving water from an unconfined
shallow fractured or highly permeable bedrock formation or from an unconsolidated and unconfined
sand and gravel formation. The Agency notified the owner and operator of each well which is
afforded this setback protection and that was existing on the effective date of this provision and shall
maintain a directory of all community water supply wells to which the 400 foot minimum setback zone
applies. (Section 14.2(d) of the Act)
Section 670.211 Failure to Act
The site shall not be subject to the minimum setback zone requirements of any existing community water
supply well for a period of one year, if the Agency has failed to act in a timely manner pursuant to Section
670.205, during which time the owner must recertify to continue such status. (Section 14.5(d) of the Act)
Section 670.213 Decertification
The owner of the site shall comply with the requirements in Section 670.203. Any failure by the owner to
maintain such compliance shall be just cause for decertification by the Agency:
a) Such action may only be taken after the Agency has provided the owner with a written notice which
identifies the noncompliance and specifies a 30 day period during which a written response may be
provided by the owner.
b) The owner may respond within 30 days after receipt of an Agency notice of noncompliance with 35 Ill.
Adm. Code 670. Such response may describe any actions taken by the owner which relate to the
conditions of certification. (Section 14.5(e) of the Act)
c) The Agency shall review a response if any from the owner and shall determine whether the response
is deficient or untimely. If such response is deficient or untimely, the Agency shall serve notice upon
the owner that the site has been decertified and is subject to the applicable provisions of subsection
(d) of Section 14.2 or Section 14.4 of the Act and regulations adopted thereunder.
d) If the response reviewed by the Agency is determined to be sufficient, the potential primary or
secondary source shall remain certified for the period established in Section 670.207.
e) Such notification shall constitute a final determination of the Agency. (Section 14.5(e) of the Act)
Section 670.215 Certification Listing
The Agency shall maintain a master listing, indexed by county, of those sites for which certifications are in
effect. Upon the establishment of a Regional Planning Committee pursuant to Section 17.2, the Agency
shall provide a copy of the pertinent portions of such listing to such committee on a quarterly basis. The
Agency shall also make copies of such listing available to units of local government and the public upon
request. (Section 14.5(f) of the Act)
Section 670.217 County or Municipality Agreements
The Agency may enter into a written delegation agreement with any county or municipality, which has
adopted an ordinance consistent with Section 14.2 or 14.3 of the Act, to administer the provisions of this
Section. Such delegation agreements shall require that the work to be performed thereunder shall be in
accordance with criteria established by the Agency, be subject to periodic review by the Agency, and shall
include such financial and program auditing by the Agency as may be necessary. (Section 14.5(g) of the
Act)
Title 35 Environmental Protection Agency § 670.301
Subtitle F Part 670 - 9 June 17, 1994
SUBPART C: USE AND MANAGEMENT OF CONTAINERS
Section 670.301 Containers
a) Containment
Container storage areas regulated under this Part must have a containment system that is designed
and operated as follows:
1) A base must underlay the containers which is free of cracks or gaps and is sufficiently impervious
to contain leaks, spills and accumulated precipitation until the collected material is detected and
removed.
2) The base must be sloped or the containment system must be otherwise designed and operated to
drain and remove liquids resulting from leaks, spills or precipitation, unless the containers are
elevated or are otherwise protected from contact with accumulated liquids.
3) When not protected from receiving precipitation, the containment shall have a minimum
containment volume of a 6-inch rain storm (a 25 year, 24 hour rain), plus the capacity of the
largest container, and the volume displaced by the bases of the other containers located within the
secondary containment structure. Containers that do not contain free liquids need not be
considered in this determination.
4) When protected from receiving precipitation, the containment shall have a minimum containment
volume of 100 percent of the capacity of the largest container, plus the volume displaced by the
bases of the other containers.
5) Run-on into the containment system must be prevented unless the collection system has
sufficient excess capacity in addition to that required in subsection (3) above to contain any run-on
which might enter the system.
6) Spilled or leaked material and accumulated precipitation must be removed from the sump or
collection area in as timely a manner as is necessary to prevent overflow of the collection system.
b) Detection and Recovery of Releases
1) Secondary containment systems must be:
A) Designed, installed and operated to prevent any migration of materials or accumulated liquid
out of the system to the soil, groundwater or surface water at any time during the use of the
containment system; and
B) Provide for detection and recovery of releases and accumulated liquids until the collected
material is removed.
2) To meet the requirements of subsection (a), secondary containment systems must be at a
minimum:
A) Constructed of or lined with materials that are compatible with the material(s) to be placed in
the containment system and must have sufficient strength and thickness to prevent failure
owing to pressure gradients (including static head and external hydrological forces), physical
contact with the waste to which it is exposed, climatic conditions and the stress of daily
operation (including stresses from nearby vehicular traffic);
Title 35 Environmental Protection Agency § 670.301
Subtitle F Part 670 - 10 June 17, 1994
B) Placed on a foundation or base capable of providing support to the secondary containment
system, resistance to pressure gradients above and below the system, and capable of
preventing failure due to settlement, compression or uplift; and
C) Sloped or otherwise designed or operated to drain and remove liquids resulting from leaks,
spills or precipitation. Spilled or leaked material and accumulated precipitation must be
removed from the secondary containment system within 24 hours, or in as timely a manner as
is possible to prevent harm to human health and the environment, if the owner or operator
demonstrates to the Agency that removal of the released material or accumulated
precipitation cannot be accomplished within hours.
c) Containment Runoff
1) Uncontaminated storm water runoff must be removed from the secondary containment area within
24 hours after a precipitation event.
2) Contaminated sorm water runoff must be handled in accordance with 35 Ill. Adm. Code Subtitle C.
d) Special Requirements for Incompatible Materials
1) Incompatible materials must not be placed in the same container.
2) A storage container holding a material that is incompatible with any other materials stored nearby
in other containers, piles, open tanks or surface impoundments must be separated from the other
materials or protected from them by means of a dike, berm, wall or other device.
e) Condition of Container
If a container holding material is not in good condition (e.g., severe rusting, apparent structural
defects) or if it begins to leak, the owner or operator must transfer the material from this container to a
container that is in good condition.
f) Compatibility of Material With Container
The owner or operator must use containers made of or lined with materials which will not react with,
and are otherwise compatible with, the material to be stored, so that the ability of the container to
contain the material is not impaired.
g) Management of Containers
1) A container holding material must always be closed during storage, except when it is necessary to
add or remove material.
2) A container holding material must not be opened, handled or stored in a manner which may
rupture the container or cause it to leak.
h) Stacked Containers on Pallets
Containers must not be stacked more than two high on pallets.
i) Special Requirements for Ignitable or Reactive Material
Ignitable or reactive material must not be placed in containment systems unless:
Title 35 Environmental Protection Agency § 670.401
Subtitle F Part 670 - 11 June 17, 1994
1) The material is stored or treated in such a way that it is protected from any material or conditions
which may cause the material to ignite or react; or
2) The container is used solely for emergencies.
j) Closure
At closure of a containment system, the owner or operator shall remove or decontaminate all
residues, contaminated containment system components (liners, etc.), contaminated soils and
structures and contaminated equipment.
SUBPART D: USE AND MANAGEMENT OF ABOVE GROUND TANKS
Section 670.401 Above Ground Tanks
a) Primary Containment
For a new above ground tank a minimum shell thickness shall be provided which ensures that the
above ground tank will not fail (leak, collapse, rupture, or otherwise rendered incapable of retaining
the material).
b) Secondary Containment
1) Above ground tank storage areas at agrichemical facilities must have a secondary containment
system that is designed and operated according to an Illinois Department of Agriculture permit (8
Ill. Adm. Code 255) and the endorsement by the Agency (authorized by Section 39.4 of the Act
and using the standards and criteria from Subtitles B, C, and F of this Title 35); or
2) Above ground tank storage areas for other potential sources regulated under this Part must have
a secondary containment system that is designed and operated as follows:
A) A base must underlay the above ground tanks that is free of cracks or gaps and is sufficiently
impervious to contain leaks, spills and accumulated precipitation until the collected material is
detected and removed;
B) The base must be sloped or the containment system must be otherwise designed and
operated to provide for drainage and removal of liquids resulting from leaks, spills or
precipitation, unless the above ground tanks are elevated or are otherwise protected from
contact with accumulated liquids;
C) When not protected from receiving precipitation, the containment shall have a minimum
containment volume of a 6-inch rain storm (a 25 year, 24 hour rain), plus the capacity of the
largest above ground tank, and the volume displaced by the bases of the other above ground
tanks located within the secondary containment structure;
D) When protected from receiving precipitation, the containment shall have a minimum
containment volume of 100 percent of the capacity of the largest above ground tank, plus the
volume displaced by the bases of the other above ground tanks;
E) Run-on into the containment system must be prevented unless the collection system has
sufficient excess capacity in addition to that required in subsection (b)(2)(C) to contain any
Title 35 Environmental Protection Agency § 670.401
Subtitle F Part 670 - 12 June 17, 1994
run-on which might enter the system; and
F) Spilled or leaked material and accumulated precipitation must be removed from the sump or
collection area in as timely a manner as is necessary to prevent overflow of the collection
system.
c) Detection and Recovery of Releases
1) Secondary containment systems must be:
A) Designed, installed and operated to prevent any migration of material or accumulated liquid
out of the system to the soil, groundwater or surface water at any time during the use of the
above ground tank system; and
B) Provide for detecting and collecting releases and accumulated liquids until the collected
material is removed.
2) To meet the requirements of subsection (c), secondary containment systems must be, at a
minimum:
A) Constructed of or lined with materials that are compatible with the material(s) to be placed in
the above ground tank system and must have sufficient strength and thickness to prevent
failure owing to pressure gradients (including static head and external hydrological forces),
physical contact with the material to which it is exposed, climatic conditions and the stress of
daily operation (including stresses from nearby vehicular traffic);
B) Placed on a foundation or base capable of providing support to the secondary containment
system, resistance to pressure gradients above and below the system, and capable of
preventing failure due to settlement, compression or uplift;
C) Sloped or otherwise designed or operated to allow drainage and removal of liquids resulting
from leaks, spills or precipitation. Spilled or leaked material and accumulated precipitation
must be removed from the secondary contaminant system within 24 hours, or in as timely a
manner as is possible, to prevent harm to human health and the environment, if the owner or
operator demonstrates to the Agency that removal of the released material or accumulated
precipitation cannot be accomplished within 24 hours.
d) Special Requirements for Incompatible Materials
1) Incompatible materials, wastes, and materials must not be placed in the same above ground tank.
2) An above ground tank holding a material that is incompatible with any other materials stored
nearby in other above ground tanks, or other materials stored nearby in containers, piles, open
tanks or surface impoundments must be separated from the other materials or protected from
them by means of a dike, berm, wall or other device.
e) General Operating Requirements
1) Materials or treatment reagents must not be placed in an above ground tank system if they could
cause the above ground tank, its ancillary equipment or the containment system, to rupture, leak,
corrode or otherwise fail.
2) The owner or operator shall use appropriate controls and practices to prevent spills and overflows
Title 35 Environmental Protection Agency § 670.501
Subtitle F Part 670 - 13 June 17, 1994
from an above ground tank or above ground tank systems. These include, at a minimum:
A) Spill prevention controls (e.g., check valves, dry disconnect couplings);
B) Overfill prevention controls (e.g., level sensing devices, high level alarms, automatic feed
cutoff or bypass to a standby above ground tank); and
C) Maintenance of sufficient freeboard in uncovered above ground tanks to prevent overtopping
by wave or wind action or by precipitation.
f) Special Requirements for Ignitable or Reactive Material
Ignitable or reactive material must not be placed in above ground tank systems unless:
1) The material is stored or treated in such a way that it is protected from any material or conditions
which may cause the material to ignite or react; or
2) The above ground tank is used solely for emergencies.
g) Closure
At closure of an above ground tank system, the owner or operator shall remove or decontaminate all
residues, contaminated containment system components (liners, etc.), contaminated soils and
structures and contaminated equipment.
SUBPART E: USE AND MANAGEMENT OF WASTE PILES
Section 670.501 Waste Piles
a) Containment
A waste pile (except for an existing portion of a waste pile) must have a liner that is designed,
constructed and installed to prevent any migration of wastes out of the pile into the adjacent
subsurface soil or groundwater or surface water at any time during the active life (including the closure
period) of the waste pile. The liner may be constructed of materials that may allow waste to migrate
into the liner itself (but not into the adjacent subsurface soil or groundwater or surface water) during
the active life of the facility. The liner must be:
1) Constructed of materials that have appropriate chemical properties and sufficient strength and
thickness to prevent failure due to pressure gradients (including static head and external
hydrogeologic forces), physical contact with the waste or leachate to which they are exposed,
climatic conditions, the stress of installation and the stress of daily operation;
2) Placed upon a foundation or base capable of providing support to the liner and resistance to
pressure gradients above and below the liner to prevent failure of the liner due to settlement,
compression or uplift; and
3) Installed to cover all surrounding earth likely to be in contact with the waste or leachate.
b) Management of Waste Piles
The owner or operator of any waste pile that is inside or under a structure that provides protection
Title 35 Environmental Protection Agency § 670.501
Subtitle F Part 670 - 14 June 17, 1994
from precipitation so that neither run-off nor leachate is generated is not subject to regulation provided
that:
1) Liquids or materials containing free liquids are not placed in the pile;
2) The pile is protected from surface water run-on by the structure or in some other manner;
3) The pile is designed and operated to control dispersal of the waste by wind, where necessary, by
means other than wetting; and
4) The pile will not generate leachate through decomposition or other reaction.
c) Closure
The owner or operator must remove or decontaminate all residues, contaminated containment system
components (liners, etc), contaminated subsoils and structures and contaminated equipment.