[27 Pa.B. 237]
[Continued from previous Web Page] (i) One of the sampling methods described in § 261.34(e) (relating to appendices).
(ii) An equivalent sampling method approved by the Department.
(4) The frequency with which the initial analysis of the waste will be received or repeated to ensure that the analysis is accurate and up-to-date.
(5) For offsite facilities or onsite facilities receiving hazardous waste from offsite sources, the waste analyses that the hazardous waste generators supply in accordance with the requirements of this section.
(6) When applicable, the testing procedures which will be used to meet the additional waste analysis requirements for the following HWM methods: tanks, surface impoundments, waste piles, land treatment, landfills, incineration, thermal treatment, and chemical, physical and biological treatment.
(7) For offsite facilities or onsite facilities receiving hazardous waste from offsite sources, the procedures which will be used to determine the identity of each hazardous waste managed at the facility and the sampling method which will be used to obtain a representative sample of the waste to be identified, if the identification method includes sampling.
(d) The owner or operator of a facility utilizing a liner shall conduct an evaluation of the liner compatibility with the hazardous waste before accepting the waste for emplacement in a waste pile, surface impoundment or a landfill, unless the approval to accept the waste is granted in the permit. The evaluation procedure shall meet the approval of the Department prior to its commencement. The evaluation of the liner shall consist of testing the liner in the presence of the waste for a minimum of 30 days or as otherwise approved by the Department. In lieu of actual testing, existing published or documented data on the hazardous waste or waste generated from similar processes proving the liner compatibility may be substituted if approved by the Department. The results of evaluation of the liner compatibility shall be furnished to the Department for approval of the waste before acceptance by the facility.
(e) The Department may waive prior approval of the Module I report specified in subsection (a) for wastes that are in containers that are only to be stored at the facility. The Department may waive prior approval of the Module I report only if:
(1) The Department determines that a waiver does not pose a potential threat to human health or the environment.
(2) The management of these wastes is allowed in the permit for the facility and properly addressed in the approved analysis plan for the facility.
(3) The report is submitted to the Department within 1 week of the arrival of the wastes at the facility and a copy of the report is maintained in the operating record onsite for 20 years.
(f) Prior Department approval of the report specified in subsection (a) is not required for offsite reclamation facilities that, under a contractual agreement, supply raw material to a generator and accept the expended material from the generator for storage prior to reclamation. In addition to the remaining requirements in subsection (a), the owner or operator shall retain at the facility the generator's certification that, at a minimum, states that a contractual agreement exists between the reclaimer and the generator in which the reclaimer supplies raw material to the generator who returns the expended material to the reclaimer after its intended use and that the material has been or will be used by the generator only in the manner specified in the contractual agreement. The reclaimer shall indicate the proposed location for storage of the waste in the certification. The reclaimer shall maintain one copy of the certifications in the operating record onsite for 20 years. The certification shall be included in the waste analysis plan of the reclamation facility's storage permit.
§ 265.13. Generic Module I applications.
(a) In lieu of the waste and generator specific report required by § 265.12 (relating to general requirements for hazardous waste management approvals and analyses of specific waste from a specific generator), the Department may accept from the operator of a treatment, storage or disposal facility a Generic Module I application for similar wastes containing similar hazardous constituents from multiple generators. The Department will approve in writing a Generic Module I application before the operator of a treatment, storage or disposal facility can accept a waste identified in the application from a generator identified in the application. A Generic Module I application may only be used if:
(1) The wastes have similar chemical and physical characteristics.
(2) The processes which generate the wastes are similar.
(3) The wastes have identical hazardous waste numbers, United States Department of Transportation shipping name, hazard class and UN/NA number.
(4) Wastes included in a Module I application will be managed in the same manner at the facility.
(5) The management of the wastes is allowed in the permit for the facility and is properly addressed in the approved waste analysis plan.
(b) An application for a Generic Module I shall include:
(1) The information required by § 265.12(a). Generator specific information required by § 265.12(a) shall be included for each generator identified in the application.
(2) Criteria for determining that the wastes have similar physical and chemical characteristics and contain similar hazardous constituents.
(c) Additional generators may be added to an approved Generic Module I where the operator of the treatment, storage or disposal facility demonstrates that the waste from the new generator is consistent with the waste already approved in the Generic Module I. At least 15 days prior to accepting a waste from a new generator, the operator of the treatment, storage or disposal facility shall submit to the Department, in writing, the generator specific information required by § 265.12(a). The Department will deny adding an additional generator to the Generic Module I if the Department finds that the operator of the treatment, storage or disposal facility has not demonstrated that the waste from the new generator is consistent with that approved under the Generic Module I.
(d) Generic Module I applications submitted under subsection (a) shall be accompanied by a fee as specified in § 265.447(c) (relating to payment of fees).
Subchapter E. MANIFEST SYSTEM AND DISCREPANCY REPORT § 265.71. Use of the manifest system.
(a) A hazardous waste shipment received from an offsite source shall be accompanied by the Department's manifest, except as under subsection (c) or § 262.23(1) (relating to the use of the manifest).
(b) The owner or operator of the facility, or an authorized representative, shall do the following:
(1) Print or type his name, sign and date each copy of the manifest at the time the shipment is received to certify that the hazardous waste covered by the manifest was received.
(2) Note significant discrepancies in the manifest, as defined in § 265.72 (relating to manifest discrepancies), on each copy of the manifest.
(3) Immediately give the transporter copy 7 of the signed manifest.
(4) Detach copies 1, 2, 5 and 6 of the manifest.
(5) Within 7 days after the date of delivery, send copy 5 of the manifest to the generator.
(6) If the generator is located in this Commonwealth, retain copy 2 at the facility for the owner or operator's records under paragraph (5), and within 7 days after the date of delivery, send copy 1 of the manifest to the Department.
(7) If the generator is located outside of this Commonwealth, within 7 days after the date of delivery, send copy 1 of the manifest to the Department and copy 2 to the generator state.
(8) Retain at the facility copy 6 of the manifest for the owner or operator's records under subsection (d).
(c) If a facility receives, from a rail or water--bulk shipment--transporter, hazardous waste which is accompanied by a shipping paper containing the information required on the manifest, excluding EPA identification numbers, generator's certification and signatures, and optional State information, the owner or operator, or an authorized representative of the owner or operator, shall do the following:
(1) Sign and date each copy of the manifest or shipping paper at the time the shipment is received to certify that the hazardous waste covered by the manifest or shipping paper was received.
(2) Note significant discrepancies in the manifest or shipping paper--defined in § 265.72--on each copy of the manifest or shipping paper.
(3) Immediately give the rail or water--bulk shipment--transporter at least one copy of the manifest or shipping paper.
(4) Detach copies 1, 2, 5 and 6 of the manifest or shipping paper.
(5) Within 7 days after the date of delivery, send copy 5 of the manifest or shipping paper to the generator.
(6) If the generator is located within this Commonwealth, retain copy 2 for the owner or operator's records under subsection (d) and, within 7 days after the date of delivery, send copy 1 of the manifest or shipping paper to the Department.
(7) If the generator is located in this Commonwealth, retain copies 1 and 2 for the owner or operator's records under subsection (d).
(8) Retain at the facility a copy of each shipping paper or copy 6 of the manifest for the owner or operator's records under subsection (d).
(d) The owner or operator of the facility shall retain the required copies of the manifest and shipping paper--if signed in lieu of the manifest at the time of delivery--for at least 3 years from the date of the delivery.
(e) Copies of the manifest and shipping paper retained by the owner or operator under this section shall be furnished to the Department upon request.
(f) The owner or operator of a facility, or an authorized representative, who transports, or offers for transportation, hazardous waste for offsite treatment, storage or disposal shall comply with Chapter 262 (relating to generators of hazardous waste), and prepare a manifest in accordance with the instructions supplied with the manifest.
(g) The owner or operator of a facility that has arranged to receive hazardous waste from a foreign source shall notify the Department in writing at least 4 weeks in advance of the date the waste is expected to arrive at the facility. Notice of subsequent shipments of the same waste from the same foreign source is not required.
§ 265.75. Biennial report.
(a) Facility owners or operators shall submit biennial reports to the Department on a form designated by the Department. The form shall contain as a minimum the following information:
(1) The name, identification number, mailing address and the location of the facility.
(2) The name and telephone number of the facility's contact person.
(3) For each hazardous waste managed at the facility, the identification number of the producing generator, description, hazardous waste number, quantity and method of treatment, storage or disposal. For imported shipments, in lieu of the identification number, the report shall give the name and address of the foreign generator.
(4) The signature and certification of the facility's owner or operator or its authorized representative.
(5) Except for permit-by-rule facilities, the most recent closure cost estimate under Subchapter H and § 267.19 (relating to financial requirements; and cost estimate for closure and postclosure care) and for disposal facilities, the most recent postclosure cost estimate under Subchapter H and § 267.19.
(6) Monitoring data is required under §§ 265.93(c) and 265.94 (relating to preparation, evaluation and responses; and recordkeeping and reporting).
(7) The calendar year covered by the report.
(8) Additional information set forth by the Department on the form.
(b) Reports required by this section shall be submitted to the Department on or before the first day of March for each even numbered year and shall cover the previous calendar year.
(c) Reports required by this section shall be maintained for the life of the facility as a part of the operating record. The records shall be made available to the Department upon request.
§ 265.76. Unmanifested waste report.
If a facility accepts for treatment, storage or disposal hazardous waste from an offsite source without an accompanying manifest, or without an accompanying shipping paper as described in § 263.20(e)(2) (relating to manifest), and if the waste is not excluded from the manifest requirement by § 261.5 (relating to special requirements for hazardous waste generated by small quantity generators), the owner or operator shall prepare and submit a single copy of a report to the Department within 15 days after receiving the waste. The unmanifested waste report shall be submitted on EPA Form 8700-13B. The report shall be designed ''unmanifested waste report'' and include the following information:
(1) The identification number, name and address of the facility.
(2) The date the facility received the waste.
(3) The identification number, name and address of the generator and the transporter, if available.
(4) A description and the quantity of each unmanifested hazardous waste received by the facility.
(5) The method of treatment, storage or disposal for each hazardous waste.
(6) The certification signed by the owner or operator of the facility or an authorized representative.
(7) A brief explanation of why the waste was unmanifested, if known.
§ 265.78. Administration fees.
(a) The owner or operator of a hazardous waste management facility shall annually pay an administration fee to the Department according to the following schedule:
(1) Land disposal facilities--$2,500.
(2) Surface impoundments--$2,500.
(3) Commercial treatment--$2,000.
(4) Captive treatment--$700.
(5) Storage--$550.
(6) Incinerators--$1,300.
(b) The administration fee shall be in the form of a check made payable to the ''Commonwealth of Pennsylvania'' and be paid on or before the first of March to cover the preceding year.
(c) If more than one permitted activity is located at a site, or more than one activity occurs, the fee shall be cumulative.
Subchapter J. TANKS § 265.190. Applicability.
(a) Tank systems. This subchapter applies to owners and operators of facilities that use tank systems to treat or store hazardous waste, except as otherwise provided in § 265.1 (relating to scope).
(b) General. Tank systems that are used to store or treat hazardous waste containing no free liquids and that are situated inside a building with an impermeable floor--permeability may not exceed 1 x 10-7 cm/sec--are exempted from § 265.193 (relating to containment and detection of releases). To demonstrate the absence or presence of free liquids in the stored or treated waste, the waste shall pass the following tests:
(1) Method 9095 (Paint Filter Liquids Test) as described in the latest ''Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods.'' (EPA Publication No. SW-846, as amended).
(2) It shall have greater than 20% solids content by dry weight.
(3) It may not be flowable. Flowable refers to flow in the sense of pourable as a liquid.
(c) Exemptions. Tank systems, including sumps, that serve as part of a secondary containment system to collect or contain releases of hazardous waste are exempted from § 265.193.
§ 265.197. Closure and postclosure care.
(a) At closure of a tank system, the owner or operator shall remove or decontaminate waste residues, contaminated containment system components, liners, and the like, contaminated soils and structures and equipment contaminated with waste, and manage them as hazardous waste, unless § 261.3(d) (relating to definition of hazardous waste) is complied with. The closure plan, closure activities, cost estimates for closure and financial responsibility for tank systems shall meet the requirements specified in Subchapters G and H (relating to closure and postclosure; and financial requirements).
(b) If the owner or operator demonstrates and the Department concludes that not all contaminated soils can be practicably removed or decontaminated as required in subsection (a), the owner or operator shall close the tank system and perform postclosure care in accordance with the closure and postclosure care requirements that apply to landfills. In addition, for the purposes of closure, postclosure and financial responsibility, such a tank system is then considered to be landfill, and the owner or operator shall meet the requirements for a landfill specified in Subchapters G and H and Chapter 264, Subchapter N (relating to landfills).
(c) If an owner or operator has a tank system which does not have secondary containment that meets § 265.193(b)--(f) (relating to containment and detection of releases) and which has not been granted a variance from the secondary containment requirements under § 265.193(g), the following apply:
(1) The closure plan for the tank system shall include both a plan for complying with subsection (a) and a contingent plan for complying with subsection (b).
(2) A contingent postclosure plan for complying with subsection (b) shall be prepared and submitted as part of the permit application.
(3) The cost estimates calculated for closure and postclosure care shall reflect the costs of complying with the contingent closure plan and the contingent postclosure plan, if these costs are greater than the costs of complying with the closure plan prepared for the expected closure under subsection (a).
(4) Financial assurance shall be based on the cost estimates in paragraph (3).
(5) For the purposes of the contingent closure and postclosure plans, this type of tank system is considered to be a landfill, and the contingent plans shall meet the closure, postclosure and financial responsibility requirements for landfills under Subchapters G and H and Chapter 264, Subchapter N.
§ 265.200. Waste analysis and trial tests.
In addition to performing the waste analysis required by § 265.13 (relating to general requirements for hazardous waste management approvals and analyses), the owner or operator shall, whenever a tank system is to be used to treat chemically or to store a hazardous waste that is substantially different from waste previously treated or stored in that tank system; or treat chemically a hazardous waste with a substantially different process than any previously used in that tank system, do one of the following:
(1) Conduct waste analyses and trial treatment or storage tests--for example, bench-scale or pilot-plant scale tests.
(2) Obtain written, documented information on similar waste under similar operating conditions to show that the proposed treatment or storage will meet the requirements of § 265.194(a) (relating to general operating requirements).
§ 265.201. Special requirements for generators of between 100 and 1,000 kg/mo that accumulate hazardous waste in tanks.
(a) The requirements of this section apply to small quantity generators of more than 100 kilograms but less than 1,000 kilograms of hazardous waste in a calendar month, that accumulate hazardous waste in tanks for less than 180 days--or 270 days if the generator has to ship the waste greater than 200 miles--and do not accumulate over 6,000 kilograms onsite at any time.
(b) Generators of between 100 and 1,000 kg/mo hazardous waste shall comply with the following general operating requirements:
(1) Treatment or storage of hazardous waste in tanks shall comply with § 265.17(b) (relating to general requirements for ignitable, reactive or incompatible wastes).
(2) Hazardous wastes or treatment reagents may not be placed in a tank if they could cause the tank or its inner liner to rupture, leak, corrode or otherwise fail before the end of its intended life.
(3) Uncovered tanks shall be operated to ensure 60 centimeters (2 feet) of freeboard, unless the tank is equipped with a containment structure (for example, dike or trench), a drainage control system or a diversion structure (for example, a standby tank) with a capacity that equals or exceeds the volume of the top 60 centimeters (2 feet) of the tank.
(4) Where hazardous waste is continuously fed into a tank, the tank shall be equipped with a means to stop this inflow--for example, waste feed cutoff system or bypass system to a stand-by tank.
(c) Generators of between 100 and 1,000 kg/mo accumulating hazardous waste in tanks shall inspect, where present:
(1) Discharge control equipment--for example, waste feed cutoff systems, bypass systems and drainage systems--at least once each operating day, to ensure that it is in good working order.
(2) Data gathered from monitoring equipment--for example, pressure and temperature gauges--at least once each operating day to ensure that the tank is being operated according to its design.
(3) The level of waste in the tank at least once each operating day to ensure compliance with subsection (b)(3).
(4) The construction materials of the tank at least weekly to detect corrosion or leaking of fixtures or seams.
(5) The construction materials of, and the area immediately surrounding, discharge confinement structures (for example, dikes) at least weekly to detect erosion or obvious signs of leakage (for example, wet spots or dead vegetation).
(d) Generators of between 100 and 1,000 kg/mo accumulating hazardous waste in tanks shall, upon closure of the facility, remove the hazardous waste from tanks, discharge control equipment and discharge confinement structures.
(e) Generators of between 100 and 1,000 kg/mo shall comply with the following special requirements for ignitable or reactive waste:
(1) Ignitable or reactive waste may not be placed in a tank, unless one of the following occurs:
(i) The waste is treated, rendered or mixed before or immediately after placement in a tank so that:
(A) The resulting waste, mixture of dissolution of material no longer meets the definition of ignitable or reactive waste under § 261.21 or § 261.23 (relating to characteristic of ignitability; and characteristic of reactivity).
(B) Section 265.17(b) is complied with.
(ii) The waste is stored or treated in such a way that it is protected from material or conditions that may cause the waste to ignite or react.
(iii) The tank is used solely for emergencies.
(2) The owner or operator of a facility which treats or stores ignitable or reactive waste in covered tanks shall comply with the buffer zone requirements for tanks contained in Tables 2-1 through 2-6 of the National Fire Protection Association's ''Flammable and Combustible Liquids Code,'' (1977 or 1981).
(f) Generators of between 100 and 1,000 kg/mo shall comply with the following special requirements for incompatible wastes:
(1) Incompatible wastes, or incompatible wastes and materials, may not be placed in the same tank, unless § 265.17(b) is complied with.
(2) Hazardous waste may not be placed in an unwashed tank which previously held an incompatible waste or material unless § 265.17(b) is complied with.
Subchapter N. LANDFILLS § 265.310. Closure and postclosure care.
(a) The owner or operator shall consider at least the following factors in addressing the closure and postclosure care requirements of subsections (b) and (c).
(b) At final closure of the landfill or upon closure of a cell, the owner or operator shall cover the landfill or cell with a final cover designed and constructed to:
(1) Provide long-term minimization of migration of liquids through the closed landfill.
(2) Function with minimum maintenance.
(3) Promote drainage and minimize erosion or abrasion of the cover.
(4) Accommodate settling and subsidence so that the cover's integrity is maintained.
(5) Have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present.
(c) After final closure, the owner or operator shall comply with postclosure requirements in Subchapter G (relating to closure and postclosure), including maintenance and monitoring, throughout the postclosure care period. The owner or operator shall also:
(1) Maintain the integrity and effectiveness of the final cover, including making repairs to the cover as necessary to correct the effects of settling, subsidence, erosion or other events.
(2) Maintain and monitor the groundwater monitoring system and comply with other applicable requirements of Subchapter F (relating to groundwater monitoring).
(3) Maintain and monitor the leachate collection, removal and treatment system, if there is one present in the landfill, to prevent excess accumulation of leachate in the system. The collected leachate is a hazardous waste, unless it is determined to be nonhazardous under § 261.3(d) (relating to definition of hazardous waste), and shall be managed as a hazardous waste in accordance with applicable requirements.
(4) Maintain and monitor the gas collection and control system, if there is one present in the landfill, to control the vertical and horizontal escape of gases.
(5) Prevent run-on and runoff from eroding or otherwise damaging the final cover.
(6) Protect and maintain surveyed benchmarks used in complying with § 265.309 (relating to surveying and recordkeeping).
(7) Restrict access to the landfill as appropriate for its postclosure use.
Subchapter R. HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM § 265.433. Neutralization treatment units.
The owner or operator of an elementary neutralization unit or a wastewater treatment unit shall be deemed to have an HWM permit if the following requirements are complied with:
(1) The facility is a captive facility and the only waste treated is generated onsite, or was a captive facility prior to September 4, 1982, and the only waste treated is generated onsite or on an interconnected adjacent site which was previously part of an integrated facility.
(2) The facility has an NPDES permit, if required, and complies with the conditions of that permit.
(3) Sections 264.11, 264.14, 264.15, 264.73, 264.75, 264.77, Chapter 264, Subchapters C and D; and Chapter 265, Subchapter Q, except for § 265.400 (relating to applicability), have been complied with.
§ 265.435. Generator treatment.
A generator that treats its own waste in containers, tanks or containment buildings shall be deemed to have an HWM permit if the following requirements are complied with:
(1) The facility is a captive facility and the only waste treated is generated on the site.
(2) The generator complies with notification requirements of § 261.41 (relating to notification of hazardous waste activities) and the applicable requirements of Chapter 264, Subchapters A--D, I, J and T.
(3) The generator complies with the applicable requirements of § 262.34 (relating to accumulation).
(4) The Department may require an owner or operator with a permit-by-rule to apply for and obtain an individual permit when the facility is not in compliance with paragraphs (1)--(3) or is engaged in an activity that harms or presents a threat of harm to the health, safety or welfare of the people or the environment of this Commonwealth.
PERMIT APPLICATION REQUIREMENTS § 265.447. Payment of fees.
(a) Applications for a permit for hazardous waste storage, treatment and disposal facilities shall be accompanied by a nonrefundable permit application fee in the form of a check payable to the ''Commonwealth of Pennsylvania'' according to the following schedule:
(1) Land disposal facilities--Commercial--$125,000.
(2) Land disposal facility--Captive--$71,400.
(3) Surface impoundments:
(i) Commercial--$36,000.
(ii) Captive--$14,000.
(4) Postclosure permits--$25,000.
(5) Treatment facilities:
(i) Commercial--$36,000.
(ii) Captive--$14,000.
(6) Storage facilities:
(i) Commercial--$36,000.
(ii) Captive--$14,000.
(7) Incinerators:
(i) Commercial--$93,000.
(ii) Captive--$54,000.
(8) For applications for determination of applicability under § 266.100 (relating to applicability and requirements)--$1,125.
(b) Where more than one permitted activity is located at a site, or more than one activity occurs, the fees shall be cumulative.
(c) Module I applications and permit modification applications for a permit for hazardous waste storage, treatment and disposal facilities shall be accompanied by a nonrefundable permit application fee in the form of a check payable to the ''Commonwealth of Pennsylvania'' according to the following schedule:
(1) Module I and Generic Module I applications:
(i) Module I--$300.
(ii) Generic Module I--$1,500.
(2) Major permit modifications--50% of fees listed in subsection (a).
(3) Minor permit modifications--$700.
(d) An application for a permit modification shall be considered a major modification if the application involves one or more of the following:
(1) A change in the site volume-waste capacity.
(2) A change in excavation contours, including final elevations and slopes.
(3) A change in permitted acreage.
(4) A change in the approved groundwater monitoring plan, except for the addition of wells or parameters.
(5) A change in approved leachate collection and treatment plan.
(6) A change in gas monitoring or management plan, or both.
(7) A change in the approved type, amount, origin or application of daily, intermediate or final cover materials.
(8) A change in the approved closure plan.
(9) A change in approved design.
Subchapter S. DRIP PADS Sec.
265.500. Applicability. 265.501. Assessment of existing drip pad integrity. 265.502. Design and installation of new drip pads. 265.503. Design and operating requirements. 265.504. Inspections. 265.505. Closure. § 265.500. Applicability.
(a) This subchapter applies 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 January 11, 1997. All other drip pads are new drip pads.
(b) The owner or operator of a drip pad that is inside or under a structure that provides protection from precipitation so that neither runoff nor run-on is generated is not subject to regulation under § 265.503(e) or (f) (relating to design and operating requirements), as appropriate.
(c) This subchapter is not applicable to the management of infrequent and incidental drippage in storage yards if the owner or operator maintains and complies with a written contingency plan which has been approved in writing by the Department. This contingency plan will describe how the owner or operator will respond immediately to the discharge of infrequent and incidental drippage. At a minimum, the contingency plan shall describe how the facility will do the following:
(1) Clean up the drippage.
(2) Document the cleanup of the drippage.
(3) Retain documents regarding cleanup for 3 years.
(4) Manage the contaminated media in a manner consistent with applicable State and Federal law.
§ 265.501. Assessment of existing drip pad integrity.
(a) For each existing drip pad as defined in § 265.500 (relating to applicability), the owner or operator shall evaluate the drip pad and determine that it meets the requirements of this subchapter. By April 11, 1997, the owner or operator shall obtain and keep on file at the facility a written assessment of the drip pad, reviewed and certified by a qualified registered professional engineer that attests to the results of the evaluation. The assessment shall be reviewed, updated and recertified annually until the upgrades, repairs or modifications necessary to achieve compliance with § 265.503 (relating to design and operating requirements) are complete. The evaluation shall document the extent to which the drip pad meets each of the design and operating standards of § 265.503.
(b) By April 11, 1997, all owners or operators of existing drip pads shall submit to the Department a written plan describing changes that are needed to bring the pad into compliance with the standards of § 265.503. The plan shall include a schedule not to exceed 3 years for completing the changes to the drip pad. A qualified professional engineer shall review and certify the plan. The plan shall be implemented as approved by the Department in writing.
(c) Upon completion of all repairs and modifications, the owner or operator shall submit to the Department the drawings for the drip pad as it was built together with a certification by a qualified registered professional engineer attesting that the drip pad conforms to the drawings.
(d) If the drip pad is leaking or unfit for use, the owner or operator shall comply with § 265.503(m) or close the drip pad in accordance with § 265.505 (relating to closure).
§ 265.502. Design and installation of new drip pads.
Owners and operators of new drip pads shall ensure that the pads are designed, installed and operated in accordance with one of the following:
(1) The requirements of §§ 265.503 (except §§ 265.503(a)(4)), 265.504 and 265.505.
(2) The requirements of §§ 265.503 (except §§ 265.503(b)), 265.504 and 265.505.
§ 265.503. Design and operating standards.
(a) Drip pads shall:
(1) Be constructed of nonearthen materials, excluding wood and nonstructurally supported asphalt.
(2) Be sloped to free-drain treated wood drippage, rain and other waters, or solutions of drippage and water or other wastes to the associated collection system.
(3) Have a curb or berm around the perimeter.
(4) Have a hydraulic conductivity of less than or equal to 1x10-7 centimeters per second, (for example, existing concrete drip pads shall be sealed, coated or covered) with a surface material with a hydraulic conductivity of less than or equal to 1x10-7 centimeters per second so that the entire surface where drippage occurs or may run across is capable of containing the drippage and mixtures of drippage and precipitation, materials or other wastes while being routed to an associated collection system. This surface material shall be maintained free of cracks and gaps that could adversely affect its permeability and the material shall be chemically compatible with the preservatives that contact the drip pad. The requirements of this paragraph apply only to existing drip pads and those drip pads for which the owner or operator elects to comply with this subsection instead of subsection (b).
(5) Be evaluated to document the extent to which the drip pad meets the design and operating standards of this paragraph. The owner or operator shall obtain and keep on file at the facility a written assessment of the drip pad, reviewed and certified by a qualified registered professional engineer that attests to the results of the evaluation. The assessment shall be reviewed, updated and recertified annually. The evaluation shall document the extent to which the drip pad meets the design and operating standards of this section, except for subsection (b).
(6) Be of sufficient structural strength and thickness to prevent failure due to physical contact, climatic conditions, the stress of installation, and the stress of daily operations--for example--variable and moving loads such as vehicle traffic, movement of wood, and the like.
(b) If an owner/operator elects to comply with this subsection instead of subsection (a), the drip pad shall have:
(1) A synthetic liner installed below the drip pad that is designed, constructed and installed to prevent leakage from the drip pad into the adjacent subsurface soil or groundwater or surface water at any time during the active life--including the closure period--of the drip pad. The liner shall be constructed of materials that will prevent waste from being absorbed into the liner and prevent releases into the adjacent subsurface soil or groundwater or surface water during the active life of the facility. The liner shall be:
(i) Constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or drip pad leakage to which they are exposed, climatic conditions, the stress of installation and the stress of daily operation (including stresses from vehicular traffic on the drip pad).
(ii) Placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression or uplift.
(iii) Installed to cover surrounding earth that could come in contact with the waste or leakage.
(2) A leakage detection system installed immediately above the liner that is designed, constructed, maintained and operated to detect leakage from the drip pad. The leakage detection system shall be:
(i) Constructed of materials that are:
(A) Chemically resistant to the waste managed in the drip pad and the leakage that might be generated.
(B) Of sufficient strength and thickness to prevent collapse under the pressures exerted by overlaying materials and by equipment used at the drip pad.
(ii) Designed and operated to function without clogging through the scheduled closure of the drip pad.
(iii) Designed so that it will detect the failure of the drip pad or the presence of a release of hazardous waste or accumulated liquid at the earliest practicable time.
(3) A leakage collection system immediately above the liner that is designed, constructed, maintained and operated to collect leakage from the drip pad so that it can be removed from below the drip pad. The date, time and quantity of leakage collected in this system and removed shall be documented in the operating log.
(c) Drip pads and associated collection system systems shall be maintained so that they remain free of cracks, gaps, corrosion or other deterioration that could cause hazardous waste to be released from the drip pad.
(d) The drip pad and associated collection system shall be designed and operated to convey, drain and collect liquid resulting from drippage or precipitation in order to prevent runoff.
(e) Unless the drip pad is protected by a structure, as described in § 265.500(b) (relating to applicability), the owner or operator shall design, construct, operate and maintain a run-on control system capable of preventing flow onto the drip pad during peak discharge from at least a 24-hour, 25-year storm unless the system has sufficient excess capacity to contain run-on that might enter the system, or the drip pad is protected by a structure or cover, as described in § 265.500(b).
(f) Unless the drip pad is protected by a structure or cover, as described in § 265.500, the owner or operator shall design, construct, operate and maintain a runoff management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm.
(g) The drip pad shall be evaluated to determine that it meets the requirements of subsections (a)--(f) and the owner or operator shall obtain a statement from a qualified registered professional engineer certifying that the drip pad design meets the requirements of this section.
(h) Drippage and accumulated precipitation shall be removed from the associated collection system as necessary to prevent overflow onto the drip pad.
(i) The drip pad surface shall be cleaned thoroughly in a manner and frequency so that accumulated residues of hazardous waste or other materials are removed, with residues being properly managed as hazardous waste, so as to allow weekly inspections of the entire drip pad surface without interference or hindrance from accumulated residues of hazardous waste or other materials on the drip pad. The owner or operator shall document the date and time of each cleaning and the cleaning procedure used in the facility's operating record.
(j) Drip pads shall be operated and maintained in a manner to minimize tracking of hazardous waste or hazardous waste constituents off the drip pad as a result of activities by personnel or equipment.
(k) After being removed from the treatment vessel, treated wood from pressure and nonpressure processes shall be held on the drip pad until drippage has ceased. The owner or operator shall maintain records sufficient to document that all treated wood is held on the pad following treatment in accordance with this requirement.
(l) Collection and holding units associated with run-on and runoff control systems shall be emptied or otherwise managed as soon as possible after storms to maintain design capacity of the system.
(m) Throughout the active life of the drip pad, if the owner or operator detects a condition that may have caused or has caused a release of hazardous waste, the condition shall be repaired within a reasonably prompt period of time following discovery, in accordance with the following procedures:
(1) Upon detection of a condition that may have caused or has caused a release of hazardous waste (for example, upon detection of leakage by the leak detection system), the owner or operator shall:
(i) Enter the discovery in the facility operating record.
(ii) Immediately remove the portion of the drip pad affected by the condition from service.
(iii) Determine what steps shall be taken to repair the drip pad, remove any leakage from below the drip pad, and establish a schedule for accomplishing the clean up and repairs.
(iv) Within 24 hours after discovery of the condition, notify the Department of the condition and, within 10 working days, provide a written notice to the Department with a description of the steps that will be taken to repair the drip pad, and clean up any leakage, and the schedule for accomplishing this work.
[Continued on next Web Page]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
