Contaminated Soil Disposal Options in Ohio - Re-Use Action Levels, Treatment, and Disposal
Excavated soil from a petroleum release does not become a disposal problem because a landfill says so. It becomes one because of where its analytical results fall against a specific table in Ohio’s rules. Get that comparison wrong and you either pay to dispose of soil you could have reused, or you move soil you were not allowed to move.
For petroleum releases from underground storage tanks, the governing rule is OAC 1301:7-9-16, administered by the State Fire Marshal’s Bureau of Underground Storage Tank Regulations (BUSTR). It sets the re-use action levels, the treatment obligation, the disposal restriction, and the storage clocks. It does not set landfill acceptance criteria - that is a common misconception, and it is worth being precise about, because it changes who you have to ask.
First Question: Is It Hazardous Waste?
Before any of the petroleum rules apply, the owner or operator must determine whether the excavated soil is hazardous waste. If it is, it leaves this rule entirely and is managed under Ohio’s hazardous waste chapters (OAC 3745-52 through 3745-69). Only non-hazardous petroleum contaminated soil is governed by 1301:7-9-16.
The Re-Use Action Levels
This table is the center of the whole decision. Soil that contains chemicals of concern in concentrations exceeding one or more of these levels is petroleum contaminated soil (PCS). Soil that does not exceed any of them is not PCS, and the owner or operator “may use the soil for any lawful purpose.”
| Chemical of Concern | Re-Use Action Level (mg/kg) |
|---|---|
| Benzene | 0.0246 |
| Toluene | 7.07 |
| Ethylbenzene | 8.45 |
| Total Xylenes | 42.7 |
| Naphthalene | 0.051 |
| 1,2,4 Trimethyl benzene | 0.237 |
| Methyl Tertiary Butyl Ether (MTBE) | 0.158 |
| 1,2-Dibromoethane (EDB) | 0.000982 |
| 1,2-Dichloroethane (EDC) | 0.0101 |
| Benzo(a)anthracene | 12 |
| Benzo(b)fluoranthene | 12 |
| Benzo(k)fluoranthene | 120 |
| Benzo(a)pyrene | 1.2 |
| Chrysene | 1200 |
| Dibenz(a,h)anthracene | 1.2 |
| Indeno(1,2,3-cd)pyrene | 12 |
| TPH (C6-C12) | 1000 |
| TPH (C10-C20) | 2000 |
| TPH (C20-C34) | 5000 |
All concentrations are expressed in milligrams per kilogram (mg/kg). Source: OAC 1301:7-9-16, table 1.
Two things about this table trip people up.
TPH is not one number. It is three, split by carbon range: 1,000 mg/kg for C6-C12, 2,000 for C10-C20, and 5,000 for C20-C34. There is no single “total TPH” action level in the rule. A gasoline-range result and a heavy-oil-range result are measured against different limits.
TPH is usually not what governs. Any single exceedance makes the soil PCS, and benzene’s action level is 0.0246 mg/kg. At a gasoline release, benzene, naphthalene, or EDB will typically drive the classification long before any TPH fraction does. Screening only for TPH and concluding the soil is clean is how soil gets moved that should not have been.
If the Soil Is Below Every Action Level
It is not PCS. It may be used for any lawful purpose. The rule attaches an express caveat that this does not authorize a use that is prohibited or restricted by other federal, state, or local law - so “any lawful purpose” is a release from the BUSTR rule, not a blanket permission slip.
If the Soil Exceeds an Action Level
It is PCS, and the paths narrow.
Put it back in the hole. Soil below the corrective action levels of OAC 1301:7-9-13 may be redeposited in the original excavation. It must then be covered with at least one foot of clean fill.
Treat it. A PCS treatment plan is required unless the soil is going to a licensed disposal facility, is being managed under 1301:7-9-13, or qualifies for redeposit. The treatment target is the same table above: treat down to the re-use action levels.
Dispose of it. PCS may not be disposed of on-site or off-site without first being treated, unless the soil is disposed of at a licensed disposal facility. That is the entire disposal rule, and it is narrower than it sounds: treatment or a licensed facility, nothing else.
Ask for a case-by-case approval. The State Fire Marshal may approve re-use of excavated soil on a case-by-case basis where the re-use will benefit the citizens of Ohio and will not harm health or the environment. This written-request path is the actual discretionary re-use mechanism in the rule. There is no standing road-base provision, and no other state agency’s approval substitutes for it.
Who Sets Landfill Acceptance Criteria
Not BUSTR. The rule says soil shipped directly to a licensed disposal facility is sampled and analyzed before shipment “to the extent required by the licensed disposal facility receiving the soil.” The receiving facility sets the analytical package and the acceptance thresholds it will honor; the rule sets no numerical landfill acceptance limit.
The practical consequence: call the facility early. Its criteria, not a number in the BUSTR rule, determine what it will take, and those criteria vary by facility, by available capacity, and over time.
Storage Clocks
If soil is staged rather than moved immediately, three time limits apply, each running from a different starting point:
- Portable containers on-site: not to exceed 180 days from the date the soil was first placed
- Stockpiles on-site: not to exceed 120 days from the date the soil was first placed
- Off-site temporary storage: not to exceed 90 days from the date of excavation
These are the deadlines that quietly turn a staging decision into a violation.
Cost
Disposal economics vary too much to reduce to a per-ton figure that would still be true when you read it. Gate fees, transportation, analytical packages, staging, and treatment all move with facility, region, distance, volume, contamination type, and concentration. Thermal treatment and incineration cost more than landfill disposal; beneficial re-use and redeposit generally cost less than either. Get current written quotes from licensed facilities and transporters for your specific soil and location rather than budgeting from a published range.
What to Do Now
If you are managing petroleum contaminated soil in Ohio:
- Make the hazardous waste determination first. Everything else in the BUSTR rule assumes the soil is not hazardous waste.
- Test against the full COC list, not just TPH. Benzene at 0.0246 mg/kg governs more gasoline releases than any TPH fraction does.
- Match the carbon range. Compare C6-C12 results to 1,000, C10-C20 to 2,000, and C20-C34 to 5,000 mg/kg. There is no single total-TPH number.
- Call the receiving facility early. It sets the acceptance criteria and the sampling it requires.
- Watch the storage clocks. 180 days for portable containers, 120 for stockpiles, 90 for off-site temporary storage.
- Document everything. Analytical reports, approvals, manifests, and work plans are what a file review will look for.
For BUSTR petroleum contaminated soil management in depth, see our BUSTR petroleum contaminated soil guide. Ohio program requirements are detailed in our program overviews.
Sources
- OAC 1301:7-9-16 - Petroleum contaminated soil - re-use action levels (table 1), treatment, disposal, and storage requirements. Effective September 1, 2022.