(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.

(3) All perchloroethylene dry-cleaning machines installed at a dry-cleaning facility after the effective date of this rule shall meet air emission standards that equal or exceed the standards that apply to 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.

BY FEBRUARY 1, 2001 - In order to be eligible for the North Carolina Dry-Cleaning Solvent Cleanup Program and access the North Carolina Dry-Cleaning Solvent Cleanup Fund, dry-cleaning facilities and wholesale distribution facilities must be in compliance at all times from this date forward with the following requirement:

Title 15A NCAC Subchapter 2S .0202(b)

(5) No dry-cleaning facility shall use underground storage tanks for solvents or waste.

BY JANUARY 1, 2002  In order to be eligible for the North Carolina Dry-Cleaning Solvent Cleanup Program and access the North Carolina Dry-Cleaning Solvent Cleanup Fund, dry-cleaning facilities and wholesale distribution facilities must be in compliance at all times from this date forward with the following requirements:

Title 15A NCAC Subchapter 2S .0202(b)

(2) Spill containment shall be constructed in areas around dry-cleaning machines, filters, stills, vapor adsorbers, solvent storage areas, and waste solvent storage areas. The spill containment shall be constructed of or sealed with materials that are impervious to the applicable dry-cleaning solvent with a volumetric capacity of 110 percent of the largest vessel, tank, or container within the spill containment area. All floor drains within the containment 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.

Impervious is defined in 2S .0102 to mean a material that is specifically manufactured for the containment of dry-cleaning solvent.

Spill containment is defined in 2S .0102 to mean a structure constructed of steel with welded seams or a product specifically manufactured to prevent the release of dry-cleaning solvent.

(4) Facilities that use perchloroethylene shall use a closed container solvent transfer system.

Closed container solvent transfer system is defined in 2S .0102 to mean a device or system specifically designed to fill a dry-cleaning machine with dry-cleaning solvent through a mechanical valve or sealed coupling in order to prevent spills or other loss of solvent liquids or vapors to the environment.

It is important to note that G.S. 143-215.104P authorizes the Secretary of DENR to assess civil penalties for violations of the Required Minimum Management Practices Rules.