Sec. 26.13.05.17-1. General Requirements for Drip Pads

A. Applicability.

(1) The requirements of this regulation and Regulations .17-2-.17-4 of this chapter apply to owners and operators of facilities that use new or existing drip pads to convey treated wood drippage, precipitation, or surface water run-off to an associated collection system.

(2) For the purposes of this regulation and Regulations .17-2-.17-4 of this chapter:

(a) "Existing drip pad" means a drip pad which is used to manage hazardous waste:

(i) Having a waste code of F032 which has been constructed before December 6, 1990;

(ii) Having a waste code of F032 and for which the owner or operator had a design and had entered into binding financial or other agreements for construction before December 6, 1990; or

(iii) That is not used to manage waste with waste code F032, and which either has been constructed by September 10, 1997, or the owner or operator had a design and had entered into binding financial or other agreements for construction before September 10, 1997; and

(b) "New drip pad" means a drip pad that is not an existing drip pad.

(3) Requirement for Leak Collection System. For a drip pad used to manage hazardous waste:

(a) Having waste code F032, the requirement of Regulation .17-2C(6) and (7) of this chapter to install a leak collection system applies only if:

(i) The drip pad is constructed after December 24, 1992, except for a drip pad constructed after December 24, 1992 for which the owner or operator had a design and had entered into binding financial or other agreements for construction before December 24, 1992; and

(ii) The owner or operator has not complied with the requirements of Regulation .17-2A(2) of this chapter concerning drip pad permeability;

(b) That is not used to manage waste with waste code F032, the requirement of Regulation .17-2C(6) and (7) of this chapter to install a leak collection system applies only to a drip pad:

(i) That is constructed after September 10, 1997, except for a drip pad constructed after September 10, 1997 for which the owner or operator had a design and had entered into binding financial or other agreements for construction before September 10, 1997; and

(ii) For which the owner or operator has not complied with the requirements of Regulation .17-2A(2) of this chapter concerning drip pad permeability.

(4) The owner or operator of a drip pad that is inside or under a structure that provides protection from precipitation so that neither run-off nor run-on is generated is not subject to regulation under Regulation .17-2D(3)(a) or (b) of this chapter, as appropriate.

(5) The requirements of this regulation and Regulations .17-2-.17-4 of this chapter are not applicable to the management of infrequent and incidental drippage in storage yards if the owner or operator:

(a) Maintains and complies with a written contingency plan that describes what actions the owner or operator shall take to immediately respond to the discharge of infrequent and incidental drippage;

(b) Implements the contingency plan required by §A(5)(a) of this regulation within:

(i) One consecutive working day of the occurrence of the drippage when the facility is in operation and is treating wood; or

(ii) 72 hours of the occurrence when the facility is not in operation and is not treating wood; and

(c) Assures that, at a minimum, the contingency plan required by §A(5)(a) of this regulation describes how the owner or operator will:

(i) Clean up the drippage;

(ii) Document the cleanup of the drippage;

(iii) Retain documents regarding cleanup for 3 years; and

(iv) Manage the contaminated media resulting from infrequent and incidental drippage in a manner consistent with applicable laws and regulations.

B. Assessment of Existing Drip Pad Integrity.

(1) Evaluation of Existing Drip Pad. The owner or operator shall:

(a) Evaluate each existing drip pad, as defined in §A(2)(a) of this regulation, and determine whether it meets all of the requirements of this regulation and Regulations .17-2-.17-4 of this chapter, except the requirements for liners and leak detection systems of Regulation .17-2C of this chapter;

(b) Have obtained and shall keep on file at the facility a written assessment of the drip pad that documents the extent to which the drip pad meets each of the design and operating standards of Regulation .17-2 of this chapter, except for the standards for liners and leak detection systems specified in Regulation .17-2C of this chapter;

(c) Assure that the assessment required by §B(1)(b) of this regulation:

(i) Has been reviewed and certified by an independent qualified registered professional engineer that attests to the results of the evaluation; and

(ii) Is reviewed, updated, and recertified annually until all upgrades, repairs, or modifications necessary to achieve compliance with all of the standards of Regulation .17-2 of this chapter are complete.

(2) Written Plan. The owner or operator of an existing drip pad, who intends to upgrade, repair, and modify the drip pad so that it meets the requirements of Regulation .17-2C of this chapter, shall:

(a) Develop a written plan for upgrading, repairing, and modifying the drip pad to meet the requirements of Regulation .17-2C of this chapter, and submit the plan, to the Secretary, not later than 2 years before the date that all repairs, upgrades, and modifications are scheduled to be complete;

(b) Describe in the written plan required by §B(2)(a) of this regulation all changes to be made to the drip pad in sufficient detail to document compliance with all the requirements of Regulation .17-2 of this chapter; and

(c) Have the written plan required by §B(2)(a) of this regulation reviewed and certified by an independent qualified registered professional engineer.

(3) Upon completion of all upgrades, repairs, and modifications determined to be necessary as a result of the assessment required by this section, the owner or operator shall submit, to the Secretary, the as-built drawings for the drip pad and a certification by an independent qualified registered professional engineer attesting that the drip pad conforms to the drawings.

(4) If a drip pad is found to be leaking or unfit for use, the owner or operator shall comply with the provisions of Regulation .17-2I of this chapter or close the drip pad in accordance with Regulation .17-4 of this chapter.

C. Design and Installation of New Drip Pads.

(1) Except as provided in §C(2) of this regulation, the owner and operator of a new drip pad shall ensure that the pad is designed, installed, and operated in accordance with all of the requirements of Regulations .17-2-.17-4 of this chapter.

(2) The owner and operator of a new drip pad shall either:

(a) Comply with:

(i) Regulation .17-2A(2) of this chapter concerning drip pad permeability; and

(ii) Regulation .17-2B of this chapter concerning assessment of the drip pad; or

(b) Install a liner and leakage detection and collection system that meets the requirements of Regulation .17-2C of this chapter.

D. General Requirements for Existing Drip Pads. The owner or operator of an existing drip pad shall either:

(1) Comply with Regulation .17-2A(2) of this chapter concerning drip pad permeability; or

(2) Install a liner and leakage detection and collection system that meets the requirements of Regulation .17-2C of this chapter.