Applicability

Section 725 Section 725.540  Applicability a)         The requirements of this Subpart W 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. 1)         An "existing drip pad" is one that fulfills the following conditions: A)        It was constructed before December 6, 1990; or B)        It was one for which the owner or operator had a design and had entered into binding financial or other agreements for construction prior to December 6, 1990. 2)         All other drip pads are "new drip pads". 3)         The requirements of Section 725.543(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 Section 724.672(e) or (f). c)         The requirements of this subsection 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 infrequent and incidental drippage.  At a minimum, the contingency plan must describe how the owner or operator will do the following: 1)         Clean up the drippage; 2)         Document the clean-up of the drippage; 3)         Retain documentation regarding the clean-up for three years; and 4)         Manage the contaminated media in a manner consistent with State and federal regulations.