Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.05 - Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities › Section 26.13.05.17-1 - General Requirements for Drip Pads

Current through Register Vol. 51, No. 14, July 12, 2024
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.