Section 11-265.440 - 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 § 265.443(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 §265.443(e) or §265.443(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 facility 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. §§ 11-265.440
[Eff 7/17/2017] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35)