(A) The requirements of rules 3745-69-40 to 3745-69-45 of the Administrative Code 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-on to an associated collection system. Existing drip pads are those constructed before the first effective date of this rule, and those for which the owner or operator has generated a design and has entered into binding financial or other agreements for construction prior to the first effective date of this rule. All other drip pads are new drip pads. The requirement at paragraph (B) (3) of rule 3745-69-43 of the Administrative Code to install a leak collection system applies to only those drip pads that are constructed after the first effective date of this rule except for those constructed after the first effective date of this rule for which the owner or operator has a design and has entered into binding financial or other agreements for construction prior to the first effective date of this rule.
(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 paragraph (E) or (F) of rule 3745-69-43 of the Administrative Code, as appropriate.
(C) The requirements of rules 3745-69-40 to 3745-69-45 of the Administrative Code are not applicable to the management of infrequent and incidental drippage in storage yards provided that 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, the contingency plan shall describe how the owner or operator will do the following:
(1) Clean up the drippage;
(2) Document the cleanup of the drippage;
(3) Retain documents regarding cleanup for three years, and
(4) Manage the contaminated media in a manner consistent with the Revised Code and the Administrative Code.
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
119.032 review date: Exempt
This rule is promulgated so that Ohio may administer a hazardous waste program as required by section 6926 of the Resource Conservation and Recovery Act ( 42 U.S.C. Section 6901 ET SEQ.) and federal regulations promulgated thereunder ( 40 C.F.R. Part 271 )