§ 66265.440. Applicability.

(a) The requirements of this article apply to owners and operators of facilities that use new or existing drip pads to convey treated wood drippage, precipitation, and/or surface water run-off to an associated collection system. Existing drip pads are those constructed before December 6, 1990, and those for which the owner or operator has a design and has entered into binding financial or other agreements for construction prior to December 6, 1990. All other drip pads are new drip pads. The requirement at section 66265.443(b)(3) to install a leak collection system applies only to those drip pads that are constructed after December 24, 1992 except for those constructed after December 24, 1992 for which the owner or operator has a design and has entered into binding financial or other agreements for construction prior to December 24, 1992.

(b) The owner or operator of any 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 sections 66265.443(e) or 66265.443(f), as appropriate.

(c) The requirements of this article are not applicable to the management of infrequent and incidental drippage in storage yards provided that:

(1) the owner or operator maintains and complies with a written contingency plan that describes how the owner or operator will respond immediately to the discharge of such infrequent and incidental drippage. At a minimum, contingency plan shall describe how the facility will do the following:

(A) cleanup the drippage;

(B) document the cleanup of the drippage;

(C) retain documents regarding cleanup for three years; and

(D) manage the contaminated media in a manner consistent with Department regulations.

HISTORY

1. New section filed 7-29-94; operative 8-29-94 (Register 94, No. 30).

2. Change without regulatory effect adding new article heading filed 9-13-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 37).

Note

Note: Authority cited: Sections 25150, 25159, 25159.5 and 25245, Health and Safety Code; and Section 58012, Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.440.