Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-270 - Hazardous Wastes Restricted from Land Disposal › Section 3745-270-04 - Treatment surface impoundment exemption

Current through all regulations passed and filed through July 1, 2024
(A) Wastes which are otherwise prohibited
			 from land disposal under Chapter 3745-270 of the Administrative Code may be
			 treated in a surface impoundment or series of impoundments provided that:
(1) Treatment of such wastes occurs in the
			 impoundments;
(2) The following
			 conditions are met:
(a) Sampling and testing.
			 For wastes with treatment standards in rules
			 3745-270-40
			 to
			 3745-270-49
			 of the Administrative Code or prohibition levels in rules
			 3745-270-20
			 to
			 3745-270-39
			 of the Administrative Code or Section 3004(d) of RCRA, the residues from
			 treatment are analyzed, as specified in rule
			 3745-270-07
			 of the Administrative Code, to determine if the residues meet
			 the applicable treatment standards or where no treatment standards have been
			 established for the waste, the applicable prohibition levels. The sampling
			 method, specified in the waste analysis plan under rule
			 3745-54-13
			 or
			 3745-65-13
			 of the Administrative Code, shall be designed such that representative samples of
			 the sludge and the supernatant are tested separately rather than mixed to form
			 homogeneous samples;
(b)
			 Removal. The following treatment residues (including any liquid waste)
			 shall be
			 removed at least annually: residues which do not meet the treatment standards
			 promulgated under rules
			 3745-270-40
			 to
			 3745-270-49
			 of the Administrative Code; residues which do not meet the prohibition levels
			 established under rules
			 3745-270-20
			 to
			 3745-270-39
			 of the Administrative Code or imposed by statute (where no treatment standards
			 have been established); residues which are from the treatment of wastes
			 prohibited from land disposal under rules
			 3745-270-20
			 to
			 3745-270-39
			 of the Administrative Code (where no treatment standards have been established
			 and no prohibition levels apply); or residues from managing listed wastes which
			 are not delisted under
			 40
			 CFR 260.22. If the volume of liquid flowing
			 through the impoundment or series of impoundments annually is greater than the
			 volume of the impoundment or impoundments, this flow-through constitutes
			 removal of the supernatant for the purpose of this requirement;
(c) Subsequent management. Treatment residues
			 may not be placed in any other surface impoundment for subsequent
			 management;
(d)
			 Recordkeeping. Sampling and testing and recordkeeping provisions of rules
			 3745-54-13
			 and
			 3745-65-13
			 of the Administrative Code apply; and
(3) The impoundment meets the design
			 requirements in paragraph (C) of rule
			 3745-56-21
			 or paragraph (A) of
			 3745-67-21
			 of the Administrative Code, regardless that the unit may not be new, expanded,
			 or a replacement, and be in compliance with applicable ground water monitoring
			 requirements of rules
			 3745-54-90
			 to
			 3745-54-101
			 or
			 3745-65-90
			 to
			 3745-65-94
			 of the Administrative Code unless:
(a)
			 Exempted pursuant to paragraph (D) or (E) of rule
			 3745-56-21,
			 or paragraph (C) or (D) of rule
			 3745-67-21
			 of the Administrative Code; or,
(b)
			 Upon application by the owner or operator,  after notice and an opportunity to comment,
			 the director has granted a waiver of the
			 requirements on the basis that the surface impoundment:
(i) Has at least one liner, for which there
			 is no evidence that such liner is leaking;
(ii) Is located more than one-quarter mile
			 from an underground source of drinking water; and
(iii) Is in compliance with generally
			 applicable ground water monitoring requirements for facilities with permits;
			 or
(c) Upon application
			 by the owner or operator, the director, after notice and an opportunity to
			 comment, has granted a modification to the requirements on the basis of a
			 demonstration that the surface impoundment is located, designed, and operated
			 so as to assure that there will be no migration of any hazardous constituent
			 into ground water or surface water at any future time; and
(4) The owner or operator submits
			 to the director a written certification that the requirements of paragraph
			 (A)(3) of this rule have been met. The following certification is required:
"I certify under penalty of law that the requirements of
				paragraph (A)(3) of rule 3745-270-04 of the Administrative Code have been met
				for all surface impoundments being used to treat restricted wastes. I believe
				that the submitted information is true, accurate, and complete. I am aware that
				there are significant penalties for submitting false information, including the
				possibility of fine and imprisonment."