(a)  All abandoned sites, as defined by G.S.143-215.104(B)(b)(1), shall at all times after this Rule becomes effective, comply with Required Minimum Management Practice, Subparagraph (b)(5) of this Rule.

(b)  All dry-cleaning facilities and wholesale distribution facilities shall, at all times after this Rule becomes effective, comply with the following minimum management practices:

(1)           At no time shall any dry-cleaning solvent, wastes containing dry-cleaning solvent, or water containing dry-cleaning solvent be discharged onto land or into waters of the State, sanitary sewers, storm drains, floor drains, septic systems, boilers, or cooling- towers.  All invoices generated as a result of disposal of all dry-cleaning solvent waste shall be made available for review by the Department.  If a dry-cleaning facility uses devices such as atomizers, evaporators, carbon filters, or other equipment for the treatment of wastewater containing solvent, all records, including but not limited to, invoices for the purchase, maintenance, and service of such devices, shall be made available to the Department.  Records shall be kept for a period of three years.

(2)           Spill containment shall be installed and maintained under and around dry-cleaning machines, filters, dry-cleaning solvent pumps, stills, vapor adsorbers, solvent storage areas, and waste solvent storage areas by January 1, 2002.  Spill containment shall have a volumetric capacity of 110 percent of the largest vessel, tank, or container within the spill containment area and shall be capable of preventing the release of the applicable liquid dry-cleaning solvent beyond the spill containment area for a period of at least 72 hours.  All floor drains within or beneath the spill containment area shall be removed or permanently sealed with materials impervious to dry-cleaning solvents.  Emergency adsorbent spill clean-up materials shall be on the premises.  Facilities must maintain an emergency response plan that is in compliance with federal, state and local requirements.

(3)           All perchloroethylene dry-cleaning machines installed at a dry-cleaning facility after the effective date of this Rule shall meet air emissions that equal or exceed the standards that apply to a comparable dry-to-dry perchloroethylene dry-cleaning machine with an integrated refrigerated condenser.  All perchloroethylene dry-cleaning facilities must be in compliance with the EPA Perchloroethylene Dry Cleaner NESHAP: 40CFR, Part 63, Subpart M to be eligible for certification.

(4)           Facilities that use perchloroethylene shall use a closed container solvent transfer system by January 1, 2002.

(5)           Within six months of the effective date of this Rule, no dry-cleaning facility shall use underground storage tanks for solvents or waste.


History Note:        Authority G.S. 143-215.104D(b); 150B-21.2;

Eff. August 1, 2000;

Temporary Amendment Eff. June 1, 2001;

Amended Eff. August 1, 2002.