(A) 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, or surface water run-on to an associated collection system. Existing drip pads are those constructed before September 2, 1997, 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 September 2, 1997. 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 September 2, 1997 except for those constructed after September 2, 1997 for which the owner or operator has a design and has entered into binding financial or other agreements for construction prior to September 2, 1997.
(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) 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 all of the following:
(1) Clean up the drippage.
(2) Document the cleanup of the drippage.
(3) Retain documents regarding cleanup for three years.
(4) Manage the contaminated media in a manner consistent with the Revised Code and the Administrative Code.
Cite as Ohio Admin. Code 3745-69-40