Section 11-264.570 - Applicability(a) The requirements of this subpart 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 for HSWA drip pads and June 18, 1994 for non-HSWA drip pads 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 for HSWA drip pads and June 18, 1994 for non-HSWA drip pads. All other drip pads are new drip pads. The requirement at § 264.573(b)(3) to install a leak collection system applies only to those drip pads that are constructed after December 24, 1992 for HSWA drip pads and June 18, 1994 for non-HSWA drip pads except for those constructed after December 24, 1992 for HSWA drip pads and June 18, 1994 for non-HSWA drip pads 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 for HSWA drip pads and June 18, 1994 for non-HSWA drip pads.(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 § 264.573(e) or § 264.573(f), as appropriate.(c) The requirements of this subpart 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, the contingency plan must describe how the owner or operator will do the following: (i) Clean up the drippage;(ii) Document the cleanup of the drippage;(iii) Retain documents regarding cleanup for three years; and(iv) Manage the contaminated media in a manner consistent with Federal regulations.Haw. Code R. §§ 11-264.570
[Eff 7/17/2017] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35)