Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 854 - STANDARDS FOR HAZARDOUS WASTE FACILITIES
Section 096-854-15 - Additional Standards Applicable to Drip Pads

Universal Citation: 06 ME Code Rules ยง 096-854-15

Current through 2024-38, September 18, 2024

A. Performance Standards

(1) A drip pad, as defined by 40 C.F.R. §260.10, must be designed, constructed, and installed to prevent any migration of wastes out of the drip pad to adjacent subsurface soil or ground water or surface water at any time during the life, including the post-closure period, of the drip pad.

(2) A drip pad must be established, constructed, altered and operated to meet the following performance standards:
(a) A hazardous waste or constituent or derivative thereof must not appear in ground or surface waters at a concentration above background level, or above current public health drinking water standards for Maine, including the "Maine CDC Maximum Exposure Guidelines (MEGs) for Drinking Water, December 31, 2016", or standards for aquatic toxicity, whichever is most stringent. Background levels must be those established by the pre-construction analysis required by 06-096 C.M.R. ch. 856, § 10(C)(10)(g) or of the upgradient monitoring well required by Section 8(D)(1) of this Chapter, whichever is lower; and

NOTE: Drinking water and aquatic toxicity standards are obtained from current manuals including but not limited to: State of Maine Rules of the Department of Health and Human Services relating to Drinking Water; "Maine CDC Maximum Exposure Guidelines (MEGs) for Drinking Water, December 31, 2016"; "Drinking Water and Health" published by the National Research Council; "Suggested No-Adverse Response Levels (SNARLs)" as determined by the Environmental Protection Agency; "Ambient Water Quality Criteria" manuals, published by the Environmental Protection Agency.

(b) A hazardous waste or constituent or derivative thereof, must not appear in the atmosphere in concentrations significantly above the background level or exceed current ambient air quality standards for Maine at any time. Background levels must be established by monitoring or demonstrated to have been previously established by monitoring.

B. Design

(1) The facility must comply with the provisions of 40 C.F.R. §§264.570 - 264.574 except that 40 C.F.R. §264.572 is deleted and any new drip pads must be designed and constructed with synthetic liners and operated as specified in 40 C.F.R. §§264.573(b)(1) -(3); in addition to the requirements of 40 C.F.R. §264.570(c), the contingency plan for responding to drippage in storage yards must meet the requirements of 38 M.R.S. §1318-C and the facility must comply with the reporting and removal requirements of 38 M.R.S. §1318- B; the reference to 40 C.F.R. §262.11 shall mean 06-096 C.M.R. ch. 85 1, § 5; the reference to 40 C.F.R. §264.112 shall mean Section 6(C)(16) of this Chapter; the reference to 40 C.F.R. §264.144 shall mean Section 6(C)(17) of this Chapter; the reference to "parts 261 - 268" shall mean 06-096 C.M.R. chs. 850 - 857; and references to 40 C.F.R. Part 270 shall mean 06-096 C.M.R. ch. 856.

(2) All drip pads must:
(a) Be constructed of non-earthen materials, excluding wood and non-structurally supported asphalt;

(b) 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;

(c) Have a curb or berm around the perimeter;

(d) Be of sufficient structural strength and thickness to prevent failure due to physical contact, climatic conditions, the stress of daily operations, e.g., variable and moving loads such as vehicle traffic, movement of wood, etc.;

(e) Be maintained such that it remains free of cracks, gaps, corrosion, or other deterioration that could cause hazardous waste to be released from the drip pad; and

(f) Incorporate a synthetic liner and leakage detection system in accordance with Section 15(B)(3) of this Chapter.

(3) The drip pads must have:
(a) 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 must be constructed of materials that will prevent waste from being absorbed into the liner and to prevent releases into the adjacent subsurface soil or groundwater or surface water during the active life of the facility. The liner must 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; and

(iii) Installed to cover all surrounding earth that could come in contact with the waste or leakage; and

(b) A leakage detection, collection, and removal system immediately above the liner that is designed, constructed, maintained and operated to detect and collect leakage from the drip pad such that it can be removed from below the drip pad. The leakage detection, collection, and removal system must be:
(i) Constructed of materials that are chemically resistant to the waste managed in the drip pad and the leakage that might be generated; and of sufficient strength and thickness to prevent collapse under the pressures exerted by overlaying materials and by any 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; and

(iv) Operated so that any leakage collected in the system is removed and the date, time, and quantity of any leakage removed must be documented in the operating log.

(4) The drip pad and associated collection system must be designed and operated to convey, drain, and collect liquid resulting from drippage or precipitation in order to prevent run-off. Unless protected by a structure as described in 40 C.F.R. §264.570(b), the owner or operator must:
(a) Design, construct, operate, and maintain a run-on control system capable of preventing flows into the drip pad during peak discharge from at least a 24-hour, 25-year storm, unless the system has sufficient excess capacity to contain any run-off that might enter the system.

(b) Design, construct, operate, and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm.

(5) The drip pad must be evaluated to determine that it meets the design requirements of Section 15(B)(1) -(4) above of this Chapter and the owner or operator must obtain a statement from a Maine licensed professional engineer certifying that the drip pad design meets those requirements.

C. Operation. Drip pads must be operated in the following manner:

(1) Drippage and accumulated precipitation must be removed from the associated collection system as necessary to prevent overflow onto the drip pad.

(2) The drip pad surface must be cleaned thoroughly in a manner and frequency such 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 must document the date and time of each cleaning and the cleaning procedure used in the facility's operating log.

(3) Drip pads must 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.

(4) After being removed from the treatment vessel, treated wood from pressure and non-pressure processes must be held on the drip pad until drippage has ceased. The owner or operator must maintain records sufficient to document that all treated wood is held on the pad following treatment in accordance with this requirement. Minimally, documentation must include date and time treated wood was removed from treatment vessel, method of determining active drippage or that drippage has ceased, date and time of inspections to determine if drippage has ceased, inspection results including drippage rate or presence/absence of active drippage, date and time that drippage ceased, signature and printed name of facility inspector.

(5) Collection and holding units associated with run-on and run-off control systems must be emptied or otherwise managed as soon as possible after storms to maintain design capacity of the system.

(6) Throughout the active life of the drip pad and as specified in the license, if the owner or operator detects a condition that may have caused or has caused a release of hazardous waste, the condition must be repaired within a reasonably prompt period of time following discovery, in accordance with the following procedures:
(a) Upon detection of a condition that may have caused or has caused a release of hazardous waste (e.g., upon detection of leakage in the leak detection system), the owner or operator must:
(i) Enter a record of the discovery in the facility operating log;

(ii) Immediately remove the portion of the drip pad affected by the condition from service;

(iii) Determine what steps must be taken to repair the drip pad and clean up any leakage from below the drip pad, and establish a schedule for accomplishing the repairs; and

(iv) Within 24 hours after discovery of the condition, notify the Department of the condition and, within 10 working days, provide 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;

(b) The Department will review the information submitted, make a determination regarding whether the pad must be removed from service completely or partially until repairs and cleanup are complete and notify the owner or operator of the determination and the underlying rationale in writing; and

(c) Upon completing all repairs and cleanup, the owner or operator must notify the Department in writing and provide a certification signed by an independent, Maine licensed professional engineer, that the repairs and cleanup have been completed according to the written plan submitted in accordance with Section 15(C)(6)(a) (iv) of this Chapter.

(7) The owner or operator must maintain, as part of the facility operating log, documentation of past operating and waste handling practices. This must include identification of preservative formulations used in the past, a description of drippage management practices, and a description of treated wood storage and handling practices.

D. Inspection, Surveying, and Recordkeeping

(1) During construction or installation, liners and cover systems (e.g., membranes, sheets, or coatings) must be inspected for uniformity, damage and imperfections (e.g., holes, cracks, thin spots, or foreign materials). Immediately after construction or installation, liners must be inspected and certified as meeting the design requirements of Section 15(B) of this Chapter by a Maine licensed professional engineer. This certification must be maintained at the facility as part of the facility operating record. After installation, liners and covers must be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters.

(2) While a drip pad is in operation, it must be inspected weekly and after storms to detect evidence of any of the following:
(a) Deterioration, malfunctions or improper operation of run-on and run-off control systems;

(b) The presence of leakage in and proper functioning of leak detection system; and

(c) Deterioration or cracking of the drip pad surface.

(3) The owner or operator of a drip pad facility must maintain and keep current, in the facility operating record for as long as the facility is operated, a record of types and quantities of hazardous constituent(s) used and application rates, any hazardous waste spills and releases, repairs, accidents and abatement measures taken within the facility for the entire life of the drip pad. The Department may require that a current copy of that record be kept on file with the Department. Upon facility closure, such records shall be delivered to the Department.

E. Air, Ground Water and Surface Water Monitoring. The Department may require ground water, surface water and air quality monitoring accordance with the requirements of Sections 8(D), 8(E), and 8(F) of this Chapter if it determines that such monitoring is necessary to ensure protection of public health and safety or of the environment.

F. Closure

(1) The owner or operator must remove or decontaminate all waste residues, contaminated containment system components (pads, liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless 06-096 C.M.R. ch. 850, § 3(A)(3)(d) applies;

(2) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures and equipment as required in subsection (1) above, the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, then the drip pads must be closed in accordance with the closure and post-closure requirements that apply to landfills pursuant to Section 8(H) of this Chapter; and

(3) The owner or operator must comply with 40 C.F.R. §264. 575.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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