Section 096-851-13 - Management StandardsA.Performance Standards. Generators shall manage their waste to prevent or minimize risk to the environment.B.Design Standards(1) A generator shall accumulate and store its containerized hazardous waste upon a base which is a firm working surface, such as asphalt or concrete, which is impervious and which must be kept entire and which is constructed of a minimum thickness of four (4) inches and must be constructed to prevent spillage from leaving the area. NOTE: Examples of such a structure are a base constructed with a raised berm of at least six (6) inches around the entire facility or a location that is enclosed with a roof and walls.
(2) Each building or separate container storage area must have a containment and collection system the capacity of which must exceed 20% of the total capacity of all containers and tanks used to store wastes or 110% of the capacity of the largest container or tank, whichever is greater. This system must also provide for sufficient freeboard to allow for containment and collection of precipitation resulting from a 24 hour, 25 year storm, unless the storage facility is enclosed.(3) A tank must be designed and installed so that it can be fully inspected for structural integrity, deterioration, and leaks, except that a tank whose base cannot be fully inspected must be designed and installed to meet the requirements of 40 C.F.R. §265.193(e)(3) for double walled tanks.(4) Uncovered tanks must be designed to assure at least 2 feet of freeboard at all times.(5) Overtopping of tanks during continuous feed must be prevented by a system of automatic shutoff or by automatic diversion of the waste feed into a tank having at least 30 percent of the volume of the primary tank.C.Operation(1) A container must not be used for the storage of hazardous waste for a period of time exceeding the design life of the container.(2) Any pipeline and pipeline valves that transfers hazardous waste to or from a tank must be inspected and pressure tested at least annually or tested at least annually by a method reviewed and approved by the Department to determine structural integrity. All tanks and piping valves must be internally inspected at least annually to determine fitness for use, except for the tank portion of double walled tanks with continuous interstitial monitoring which must be tested in accordance with the Rules for Underground Oil Storage Facilities, 06-096 C.M.R. ch. 691, § 7(C)(2). The date of the most recent inspection and testing of a tank must be painted in a prominent location on the tank. A tank or pipeline that fails the test or is determined to be unsafe must be removed or repaired to the satisfaction of the Department. Results which show failure of a tank or piping or that are shown through an inspection to be unsafe must be submitted to the Department within 10 days of the tank testing or inspection. A log of the dates and results of all inspections and testing must be maintained pursuant to Sections 9(C) and 13(D)(3).(3) Hazardous waste must not be stored in containers or tanks which are rusted, bulging or leaking.(4) Containers or tanks must be compatible with the type of waste stored therein.(5) Containers or tanks used to store hazardous waste must not be used to store foodstuffs or animal feed or any substance likely to come into contact with foodstuffs or animal feed.(6) Containers or tanks holding incompatible hazardous wastes must not be stored in the same enclosure, building or structure unless they are segregated in a manner that prevents the wastes from coming into contact with one another under any circumstance, including simultaneous leakage or failure of a container(s) or tank(s).(7) All hazardous waste containers must be stored in a manner that allows access for inspection and for remedial action if any container is found to be rusting, bulging or leaking or waste is spilled or discharged. In any event:(a) Containers with a capacity of ten (10) gallons or more must not be stacked in rows in excess of four (4) wide and two (2) high.(b) Aisle space between rows of containers must be at least thirty six (36) inches wide and sufficient to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment and decontamination equipment to any area of facility operation in any emergency. Rows not exceeding a single container in width and two (2) high may be stacked adjacent to walls or other components of the storage facility.(c) The facility shall be established, constructed, altered and operated in compliance with the requirements of: (i) 40 C.F.R. §264.14, Security; and(ii) 40 C.F.R. Part 264, Subpart C. Preparedness and Prevention, and in addition, the precautions required to be taken by 40 C.F.R. §264.17 must meet applicable requirements of codes, standards and rules of the Department of Public Safety (State Fire Marshal's Office), the aid agreements required by 40 C.F.R. §264.37 must be in writing, on file with each party to the agreement and with the Department, readily accessible to facility personnel, and reviewed and updated annually.D.Inspection, Surveying and Record keeping(1) Weekly inspections of all containers of hazardous waste, including containers at satellite accumulation areas, must be made and recorded in a log book which must be kept at the facility to ensure at least the following:(a) No containers are rusting, bulging or leaking.(b) All hazardous waste containers are stored and managed according to Sections 13(C)(7)(a) and 13(C)(7)(b) of this Chapter.(2) The log book must contain the name of the person conducting the inspection, the date and time of the inspection, and the conclusions or results of each inspection.(3) The annual tank, valve and pipe testing and inspection, results must be recorded in the log book.E.Air, Ground Water and Surface Water Monitoring. The Department may require ground water, surface water and air quality monitoring in accordance with the requirements of 06-096 C.M.R. ch. 854, §§ 8(D), 8(E), and 8(F) of the Department's rules if it determines that such monitoring is necessary to ensure protection of public health and safety or of the environment.F.Military Munitions. A military munition, as defined by 40 C.F.R. §260.10, is subject to the state's corrective action authorities, including but not limited to 38 M.R.S. §1319- V, and the state's compliance and emergency authorities, including but not limited to 38 M.R.S. §1304(12) and 38 M.R.S. §1310, if the munition is hazardous waste pursuant to 06-096 C.M.R. ch. 850, lands off-range and is not promptly rendered safe and/or retrieved. Any imminent and substantial threats associated with any remaining material must be addressed. If remedial action is infeasible, the responsible party and/or the operator of the range shall maintain a record of the event for as long as any threat remains. The record must include the type of munition and its location (to the extent the location is known).G.Management and Closure Standards for Drip Pads. A generator who generates and accumulates wood preservative kick-back or drippage from treated wood on a "drip pad" as defined in 40 C.F.R. §260.10 shall: (1) Manage the waste to prevent or minimize risk to the environment;(2) Comply with 40 C.F.R. Subpart W, §§265.440 - 265.445, except that the contingency plan pursuant to 40 C.F.R. §265.440(c) shall also ensure that any drippage and contaminated media is managed in compliance with state law and regulations, new drip pads must be constructed with secondary containment as specified in 40 C.F.R. §265.442(b), references to 40 C.F.R. §§265.112 or 265.118 shall mean 06-096 C.M.R. ch. 855, § 9(A)(15), and references to 40 C.F.R. §265.144 shall mean 06-096 C.M.R. ch. 855, § 9(A)(16). In addition, facilities shall monitor groundwater consistent with the requirements in 06-096 C.M.R. ch. 855, § 9(B);(3) Remove all wastes from the drip pad at least once every 90 days and immediately place the wastes in containers or tanks subject to the requirements of this Chapter. Any hazardous wastes that are removed from the drip pad are then subject to the 90-day accumulation limit of Sections 8(B) and 8(C) of this Chapter;(4) Maintain on site at the facility the following records readily available for inspection: (a) A written description of procedures that are followed to ensure that all wastes are removed from the drip pad and associated collection system at least once every 90 days; and (b) Documentation of each waste removal, including the quantity of waste removed from the drip pad and the sump or collection system and the date and time of removal; and(5) Complete closure in accordance with Section 11 of this Chapter for any drip pad which is decommissioned, including in the event the generator continues to generate hazardous wastes at the facility or site.H.Air Emission Standards. A generator that meets the definition of a federal "large quantity generator" as defined in 40 C.F.R. §260.10 shall comply with the air emission standards of Subparts AA, BB, and CC of 40 C.F.R. Part 265.06-096 C.M.R. ch. 851, § 13