Sec. 26.13.05.18. Containment Buildings — Applicability

A. The requirements of this regulation and Regulations .18-1-.18-3 of this chapter apply to facility owners or operators who store or treat hazardous waste in units designed and operated under Regulations .18-1 and .18-2 of this chapter.

B. A facility owner or operator who stores or treats hazardous waste in a containment building is not considered to be engaged in land disposal under §3004(k) of RCRA in operating the containment building if the containment building:

(1) Is designed and operated under Regulations .18-1 and .18-2 of this chapter;

(2) Is a completely enclosed, self-supporting structure;

(3) Is designed and constructed of manmade materials of sufficient strength and thickness to:

(a) Support themselves, the waste contents, and any personnel and heavy equipment that operates within the unit; and

(b) Prevent failure due to pressure gradients, settlement, compression, uplift, physical contact with the hazardous wastes to which the materials are exposed, climatic conditions, and the stresses of daily operation, including the movement of heavy equipment within the unit and contact of heavy equipment with containment walls;

(4) Has a primary barrier that is designed to be sufficiently durable to withstand the movement of personnel, wastes, and handling equipment within the unit;

(5) Has the following if the containment building is used to manage liquids:

(a) A primary barrier designed and constructed of materials to prevent migration of hazardous constituents into the barrier;

(b) A liquid collection system designed and constructed of materials to minimize the accumulation of liquid on the primary barrier; and

(c) A secondary containment system that:

(i) Has been designed and constructed of materials to prevent migration of hazardous constituents into the barrier of the secondary containment system; and

(ii) Has a leak detection and liquid collection system capable of detecting, collecting, and removing leaks of hazardous constituents at the earliest practicable time;

(6) Has controls sufficient to prevent fugitive dust emissions to meet the no-visible-emission standard in Regulation .18-2B(5)-(7) of this chapter; and

(7) Is designed and operated to ensure containment and prevent the tracking of materials from the unit by personnel or equipment.