Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 524 - CRITERIA AND STANDARDS FOR WASTE DISCHARGE LICENSES › Sec2 096-524-6 - Criteria and Standards for Best Management Practices Authorized Under Section 304(e) of the Clean Water Act [see 40 CFR 125, Subpart K] › Subsection 096-524-6-V - Best management practices programs

Current through 2024-29, July 17, 2024
(a) BMP
				  programs shall be developed in accordance with good engineering practices and
				  with the provisions of this section.
(b) The BMP program shall:
(1) Be documented in narrative form, and
				  shall include any necessary plot plans, drawings or maps;
(2) Establish specific objectives for the
				  control of toxic and hazardous pollutants.
(i) Each facility component or system shall
				  be examined for its potential for causing a release of significant amounts of
				  toxic or hazardous pollutants to waters of the State due to equipment failure,
				  improper operation, natural phenomena such as rain or snowfall, etc.
(ii) Where experience indicates a reasonable
				  potential for equipment failure (e.g., a tank overflow or leakage), natural
				  condition (e.g., precipitation), or other circumstances to result in
				  significant amounts of toxic or hazardous pollutants reaching surface waters,
				  the program should include a prediction of the direction, rate of flow and
				  total quantity of toxic or hazardous pollutants which could be discharged from
				  the facility as a result of each condition or circumstance;
(3) Establish specific best
				  management practices to meet the objectives identified under paragraph (b)(2)
				  of this section, addressing each component or system capable of causing a
				  release of significant amounts of toxic or hazardous pollutants to the waters
				  of the State;
(4) The BMP program:
				  (i) May reflect requirements for Spill Prevention Control and Countermeasure
				  (SPCC) plans under section 311 of the Act and 40 CFR part 151, and may
				  incorporate any part of such plans into the BMP program by reference;
[Comment: EPA has proposed section 311(j)(1)(c) regulations
					 (43 FR 39276) which require facilities subject to NPDES to develop and
					 implement SPCC plans to prevent discharges of reportable quantities of
					 designated hazardous substances. While subpart K requires only procedural
					 activities and minor construction, the proposed 40 CFR part 151 (SPCC
					 regulations) are more stringent and comprehensive with respect to their
					 requirements for spill prevention. In developing BMP programs in accordance
					 with subpart K, owners or operators should also consider the requirements of
					 proposed 40 CFR part 151 which may address many of the same areas of the
					 facility covered by this section.]
(ii) Shall assure the proper management of
				  solid and hazardous waste in accordance with regulations promulgated under the
				  Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery
				  Act of 1976 (RCRA) (
				  40
				  U.S.C. 6901 et seq.). Management practices
				  required under RCRA regulations shall be expressly incorporated into the BMP
				  program; and
(iii) Shall address
				  the following points for the ancillary activities in Subsection III of this
				  section:
(A) Statement of policy;
(B) Spill Control Committee;
(C) Material inventory;
(D) Material compatibility;
(E) Employee training:
(F) Reporting and notification
				  procedures;
(G) Visual
				  inspections;
(H) Preventive
				  maintenance;
(I) Housekeeping;
				  and
(J) Security.
[Comment: Additional technical information on BMPs and the
					 elements of a BMP program is contained in publication entitled ``Guidance
					 Manual for Developing Best Management Practices (BMP).'' Copies may be obtained
					 by written request to the Office of Water Resource Center (mail code: 4100),
					 Environmental Protection Agency, Washington, DC 20460].