reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-65 - Interim Standards-General Provisions › Section 3745-65-70 - Applicability-manifest system, recordkeeping, and reporting

Current through all regulations passed and filed through July 1, 2024
(A)
								Applicability.
(1)
									 Rules 3745-65-70 to
			 3745-65-77 of
			 the Administrative Code apply to owners and operators of both on-site and
			 off-site facilities, except as rule
			 3745-65-01
			 of the Administrative Code provides otherwise.
(2)
									 Rules
			 3745-65-72,
			 3745-65-76,
			 and paragraphs (A) and (B) of rule
			 3745-65-71
			 of the Administrative Code do not apply to owners and operators of on-site
			 facilities that do not receive any hazardous waste from off-site sources, nor
			 to owners and operators of off-site facilities with respect to waste military
			 munitions exempted from manifest requirements under paragraph (A) of rule
			 3745-266-203
			 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-65 - Interim Standards-General Provisions › Section 3745-65-72 - Manifest discrepancies

Current through all regulations passed and filed through July 1, 2024
(A) Manifest discrepancies are:
(1) Significant differences [as described in
			 paragraph (B) of this rule] between the quantity or type of hazardous waste
			 designated on the manifest or shipping paper, and the quantity and type of
			 hazardous waste a facility actually receives;
(2) Rejected wastes, which may be a full or
			 partial shipment of hazardous waste that the treatment, storage, or disposal
			 facility cannot accept; or
(3)
			 Container residues, which are residues that exceed the quantity limits for
			 "empty" containers provided in paragraph (B) of rule
			 3745-51-07
			 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-65 - Interim Standards-General Provisions › Section 3745-65-74 - Availability, retention, and disposition of records

Current through all regulations passed and filed through July 1, 2024
(A) All records, including plans, required
			 under Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative Code must
			 be furnished upon request to, and made available at all reasonable times for
			 inspection by, any employee or representative of Ohio EPA who is duly
			 designated by the director.
(B) The
			 retention period for all records required under Chapters 3745-65 to 3745-69 and
			 3745-256 of the Administrative Code is extended automatically during the course
			 of any unresolved enforcement action regarding the facility or as requested by
			 the director.
(C) A copy of records
			 of waste disposal locations and quantities under paragraph (B)(2) of rule
			 3745-65-73 of
			 the Administrative Code must be submitted to the director and local land
			 authority upon closure of the facility(see rule
			 3745-66-19
			 of the Administrative Code).
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-65 - Interim Standards-General Provisions › Section 3745-65-75 - Biennial report

Current through all regulations passed and filed through July 1, 2024
The owner or operator shall complete
				and submit to the director the biennial report, on the forms supplied by the
				director, by March first of the following even numbered year, and shall cover
				activities during the previous year.
Replaces: 3745-65-75 rescinded
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-65 - Interim Standards-General Provisions › Section 3745-65-76 - Unmanifested waste report

Current through all regulations passed and filed through July 1, 2024
(A) If a facility accepts for treatment,
			 storage, or disposal any hazardous waste from an off-site source without an
			 accompanying manifest, or without an accompanying shipping paper
			 , and if the waste is not excluded from the
			 manifest requirement by Chapters 3745-65 to 3745-69 and 3745-256 of the
			 Administrative Code, then the owner or operator shall prepare and submit an
			 unmanifested waste report in the form of a letter to the director within
			 fifteen days after receiving the waste. The unmanifested waste report shall
			 include all of the following information:
(1)
			 The U.S. EPA identification number, name, and address of the
			 facility.
(2) The date the facility
			 received the waste.
(3) The U.S.
			 EPA identification number, name, and address of the generator and the
			 transporter, if available.
(4) A
			 description and the quantity of each unmanifested hazardous waste the facility
			 received.
(5) The method of
			 treatment, storage, or disposal for each hazardous waste.
(6) A certification signed by the owner or
			 operator of the facility or the owner's or operator's authorized
			 representative.
[Comment: This certification language is located in paragraph
				(D) of rule
				3745-50-42
				of the Administrative Code.]
(7) A brief explanation of why the waste was
			 unmanifested, if known.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-65 - Interim Standards-General Provisions › Section 3745-65-77 - Additional reports

Current through all regulations passed and filed through July 1, 2024
In addition to submitting the biennial report and unmanifested
				waste report described in rules
				3745-65-75 and
				3745-65-76 of the Administrative
				Code, the owner or operator also shall report to the director:
(A) Releases, fires, and explosions as
			 specified in paragraph (I) of rule
			 3745-65-56 of the Administrative
			 Code.
(B) Ground water
			 contamination and monitoring data as specified in rules
			 3745-65-93 and
			 3745-65-94 of the Administrative
			 Code.
(C) Facility closure as
			 specified in rule
			 3745-66-15 of the Administrative
			 Code.
(D)
								
								As
			 otherwise required by rules
			 3745-256-30 to
			 3745-256-35,
			 3745-256-50 to
			 3745-256-64, and
			 3745-256-80 to
			 3745-256-90 of the
			 Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-65 - Interim Standards-General Provisions › Section 3745-65-90 - Applicability- ground water monitoring

Current through all regulations passed and filed through July 1, 2024
(A)
			 Before November 19, 1981, the owner or operator of a surface impoundment,
			 landfill, or land treatment facility which is used to manage hazardous waste
			 shall implement a ground water monitoring program capable of determining the
			 facility's impact on the quality of ground water in the uppermost aquifer
			 underlying the facility, except as rule
			 3745-65-01
			 of the Administrative Code and paragraph (C) of this rule provide
			 otherwise.
(B) Except as paragraphs
			 (C) and (D) of this rule provide otherwise, the owner or operator shall
			 install, operate, and maintain a ground water monitoring system which meets the
			 requirements of rule
			 3745-65-91
			 of the Administrative Code and shall comply with rules
			 3745-65-92
			 to
			 3745-65-94
			 of the Administrative Code. This ground water monitoring program shall be
			 carried out during the active life of the facility, and for disposal
			 facilities, during the post-closure care period as well.
(C) All or part of the ground water
			 monitoring requirements of rules 3745-65-90 to
			 3745-65-94
			 of the Administrative Code may be waived if the owner or operator can
			 demonstrate that there is a low potential for migration of hazardous waste or
			 hazardous waste constituents from the facility via the uppermost aquifer to
			 water supply wells (domestic, industrial, or agricultural) or to surface water.
			 This demonstration shall be in writing, and shall
			 be kept at the facility. This demonstration shall be certified by a qualified
			 geologist or geotechnical engineer and shall establish the following:
(1) The potential for migration of hazardous
			 waste or hazardous waste constituents from the facility to the uppermost
			 aquifer, by an evaluation of:
(a) A water
			 balance of precipitation, evapotranspiration, run-off, and infiltration; and
(b) Unsaturated zone characteristics (i.e.,
			 geologic materials, physical properties, and depth to ground water); and
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-65 - Interim Standards-General Provisions › Section 3745-65-91 - Ground water monitoring system

Current through all regulations passed and filed through July 1, 2024
(A) A ground water monitoring system shall be
			 capable of yielding ground water samples for analysis and shall consist of:
(1) Monitoring wells (at least one) installed
			 hydraulically upgradient (i.e., in the direction of increasing static head)
			 from the limit of the waste management area. Their number, locations, and
			 depths shall be sufficient to yield ground water samples that are:
(a) Representative of background ground water
			 quality in the uppermost aquifer near the facility; and
(b) Not affected by the facility; and
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-65 - Interim Standards-General Provisions › Section 3745-65-92 - Sampling and analysis

Current through all regulations passed and filed through July 1, 2024
(A)
			 The owner or operator shall obtain and analyze samples from the installed
			 ground water monitoring system. The owner or operator shall develop and follow
			 a ground water sampling and analysis plan. The owner or operator shall keep
			 this plan at the facility. The plan shall include procedures and techniques
			 for:
(1) Sample collection;
(2)
			 Sample preservation and shipment;
(3)
			 Analytical procedures; and
(4)
			 Chain of custody control.
[Comment: See Ohio EPA's "Technical Guidance Manual (TGM) for
				Hydrogeologic Investigations and Ground Water Monitoring" for discussions of
				sampling and analysis procedures. See rule
				3745-50-11
				of the Administrative Code titled "Incorporated by reference" for information
				on accessing this document.]
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-65 - Interim Standards-General Provisions › Section 3745-65-93 - Preparation, evaluation, and response

Current through all regulations passed and filed through July 1, 2024
(A)
			 Before November 19, 1981, the owner or operator shall prepare an outline of a
			 ground water quality assessment program. The outline shall describe a more
			 comprehensive ground water monitoring program than that described in rules
			 3745-65-91
			 and
			 3745-65-92
			 of the Administrative Code, which 
								is capable of determining
			 :
(1) Whether hazardous waste or hazardous
			 waste constituents have entered the ground water;
(2) The rate and extent of migration of
			 hazardous waste or hazardous waste constituents in the ground water; and
(3) The concentrations of hazardous waste or
			 hazardous waste constituents in the ground water.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-65 - Interim Standards-General Provisions › Section 3745-65-94 - Recordkeeping and reporting- ground water monitoring

Current through all regulations passed and filed through July 1, 2024
(A) Unless the ground water is monitored to
			 
								comply with paragraph (D)(4) of rule
			 3745-65-93
			 of the Administrative Code, the owner or operator shall do the
			 following:
(1) Keep records of the
			 analyses required in paragraphs (C) and (D) of rule
			 3745-65-92
			 of the Administrative Code, the associated ground water surface elevations
			 required in paragraph (E) of rule
			 3745-65-92
			 of the Administrative Code, and the evaluations required in paragraph (B) of
			 rule
			 3745-65-93
			 of the Administrative Code throughout the active life of the facility, and, for
			 disposal facilities, throughout the post-closure care period as well.
(2) Report the following ground water
			 monitoring information to the director, on the form provided by the director:
(a) During the first year when initial
			 background concentrations are being established for the facility:
			 Concentrations or values of the parameters listed in paragraph (B)(1) of rule
			 3745-65-92
			 of the Administrative Code for each ground water monitoring well within fifteen
			 days after completing each quarterly analysis. The owner or operator
			 shall
			 separately identify for each monitoring well any parameters
			 for which
			 the concentration or value has been found to exceed the maximum
			 contaminant levels listed in the table in rule
			 3745-65-92
			 of the Administrative Code.
(b)
			 Annually: Concentrations or values of the parameters listed in paragraph (B)(3)
			 of rule
			 3745-65-92
			 of the Administrative Code for each ground water monitoring well, along with
			 the required evaluations for these parameters under paragraph (B) of rule
			 3745-65-93
			 of the Administrative Code. The owner or operator shall separately
			 identify any significant differences from initial background found in
			 upgradient wells, in accordance with paragraph (C)(1) of rule
			 3745-65-93
			 of the Administrative Code. During the active life of the facility, this
			 information shall be submitted no later than March first following
			 each calendar year.
(c) No later
			 than March first following each calendar year: Results of the evaluation of
			 ground water surface elevations under paragraph (F) of rule
			 3745-65-93
			 of the Administrative Code, and a description of the response to that
			 evaluation, where applicable.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-66 - Closure and Post-Closure Under Interim Standards › Section 3745-66-10 - Closure and post-closure: applicability

Current through all regulations passed and filed through July 1, 2024
Except as rule
				3745-65-01
				of the Administrative Code provides otherwise:
(A) Rules
			 3745-66-11
			 to
			 3745-66-15
			 of the Administrative Code, which concern closure, apply to the owners and
			 operators of all hazardous waste management facilities; and
(B) Rules
			 3745-66-16 to
			 3745-66-20
			 of the Administrative Code, which concern post-closure care, apply to the
			 owners and operators of:
(1) All hazardous
			 waste disposal facilities;
(2)
			 Waste piles and surface impoundments for which the owner or operator intends to
			 remove the wastes at closure to the extent that these rules are made applicable
			 to such facilities in rule
			 3745-67-28
			 or
			 3745-67-58
			 of the Administrative Code;
(3)
			 Tank systems that are required under rule
			 3745-66-97
			 of the Administrative Code to meet requirements for landfills; and
(4) Containment buildings that are required
			 under rule
			 3745-256-102
			 of the Administrative Code to meet the requirements for landfills.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-66 - Closure and Post-Closure Under Interim Standards › Section 3745-66-11 - Closure performance standard

Current through all regulations passed and filed through July 1, 2024
The owner or operator must close his facility in a manner that:
(A) Minimizes the need for further
			 maintenance; and
(B) Controls,
			 minimizes, or eliminates, to the extent necessary to protect human health and
			 the environment, post-closure escape of hazardous waste, hazardous
			 constituents, leachate, contaminated run-off, or hazardous waste decomposition
			 products to the ground water, or surface waters, or to the atmosphere; and
(C) Complies with the closure
			 requirements of rules
			 3745-66-10
			 to
			 3745-66-21,including, but not limited to, the requirements of
			 rules 3745-66-97, 3745-67-28, 3745-67-58, 3745-67-80, 3745-68-10,
			 3745-68-51, 3745-68-81, 3745-69-04, and3745-256-102 of the
			 Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-66 - Closure and Post-Closure Under Interim Standards › Section 3745-66-13 - Time allowed for closure

Current through all regulations passed and filed through July 1, 2024
(A) Within ninety days after receiving the
			 final volume of hazardous wastes, or the final volume of nonhazardous wastes if
			 the owner or operator complies with all applicable requirements in paragraphs
			 (D) and (E) of this rule, at a hazardous waste management unit or facility, or
			 within ninety days after approval of the closure plan, whichever is later, the
			 owner or operator must treat, remove from the unit or facility, or dispose of
			 on-site, all hazardous wastes in accordance with the approved closure plan. The
			 director may approve a longer period if the owner or operator demonstrates
			 that:
(1)
(a) The activities required to comply with
			 paragraphs (A) to (A)(2) of this rule will, of necessity, take longer than
			 ninety days to complete; or
(b)
(i) The hazardous waste management unit or
			 facility has the capacity to receive additional hazardous wastes, or has the
			 capacity to receive nonhazardous wastes if the facility owner or operator
			 complies with paragraphs (D) and (E) of this rule; and
(ii) There is a reasonable likelihood that he
			 or another person will recommence operation of the hazardous waste management
			 unit or the facility within one year; and
(iii) Closure of the hazardous waste
			 management unit or facility would be incompatible with continued operation of
			 the hazardous waste management unit or facility; and
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-66 - Closure and Post-Closure Under Interim Standards › Section 3745-66-14 - Disposal or decontamination of equipment, structures and soils

Current through all regulations passed and filed through July 1, 2024
During the partial and final closure periods, all contaminated
				equipment, structures, and soil must be properly disposed of, or
				decontaminated, unless otherwise specified in rule
				3745-66-97,
				3745-67-28,
				3745-67-58,
				3745-67-80,
				or
				3745-68-10
				of the Administrative Code. By removing all hazardous wastes or hazardous
				constituents during partial and final closure, the owner or operator may become
				a generator of hazardous waste and must handle that hazardous waste in
				accordance with all applicable requirements of Chapter 3745-52 of the
				Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-66 - Closure and Post-Closure Under Interim Standards › Section 3745-66-15 - Certification of closure

Current through all regulations passed and filed through July 1, 2024
Within sixty days after completion of closure of each surface
				impoundment, waste pile, land treatment, landfill unit, and storage area, and
				within sixty days after completion of final closure, the owner or
				operatormust submit to the director, by registered mail, a
				certification that the hazardous waste management unit or facility, as
				applicable, has been closed in accordance with specifications in the approved
				closure plan. The certificationmust be signed by the owner or operator and by
				a qualified professional engineer. Documentation
				supporting the 
				professional engineer's certification shallmust be furnished to the director
				upon request until he releases the owner or operator from the financial
				assurance requirements for closure under paragraph (H) of rule
				3745-66-43
				of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-66 - Closure and Post-Closure Under Interim Standards › Section 3745-66-16 - Survey plat

Current through all regulations passed and filed through July 1, 2024
No later than the submittal of the certification of closure of
				each hazardous waste disposal unit, an owner or operator must submit to the
				local zoning authority, or the authority with jurisdiction over local land use,
				and to the director, a survey plat indicating the location and dimensions of
				landfill cells or other hazardous waste disposal units with respect to
				permanently surveyed benchmarks. This plat must be prepared and certified by a
				professional land surveyor. The plat filed with the local zoning authority, or
				the authority with jurisdiction over local land use must contain a note,
				prominently displayed, which states the owner's or operator's obligation to
				restrict disturbance of the hazardous waste disposal unit in accordance with
				rules
				3745-66-10
				to
				3745-66-21
				of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-66 - Closure and Post-Closure Under Interim Standards › Section 3745-66-17 - Post-closure care and use of property

Current through all regulations passed and filed through July 1, 2024
(A)
(1)
			 Post-closure care for each hazardous waste management unit subject to the
			 requirements of rules
			 3745-66-17 to
			 3745-66-20 of the Administrative
			 Code 
									shall begin after completion of closure of the unit
			 and continue for thirty years after that date. It 
									shall consist of
			 at least the following:
(a) Monitoring and
			 reporting in accordance with the requirements of rules
			 3745-65-90 to
			 3745-65-94,
			 3745-67-20 to
			 
										3745-67-31, 3745-67-50 to 3745-67-60, 3745-67-70 to
			 3745-67-82, and 3745-68-01 to 3745-68-16 of the Administrative Code;
			 and
(b) Maintenance and monitoring
			 of waste containment systems in accordance with the requirements of rules
			 3745-65-90 to
			 3745-65-94,
			 3745-67-20 to
			 
										3745-67-31, 3745-67-50 to 3745-67-60, 3745-67-70 to
			 3745-67-82, and 3745-68-01 to 3745-68-16 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-66 - Closure and Post-Closure Under Interim Standards › Section 3745-66-19 - Post-closure notices

Current through all regulations passed and filed through July 1, 2024
(A)
			 No later than sixty days after certification of closure of each hazardous waste
			 disposal unit, the owner or operator 
								shall submit to the local zoning authority, or
			 the authority with jurisdiction over local land use, and to the director, a
			 record of the type, location, and quantity of hazardous wastes disposed of
			 within each cell or other disposal unit of the facility. For hazardous wastes
			 disposed of before January 12, 1981, the owner or operator
			 shall
			 identify the type, location, and quantity of the hazardous wastes to the best
			 of 
								the owner's
			 or operator's knowledge and in accordance with any records
			 
								the owner or
			 operator has kept.
(B) Within
			 sixty days 
								after certification of closure of the first hazardous
			 waste disposal unit and within sixty days 
								after
			 certification of closure of the last hazardous waste disposal unit, the owner
			 or operator 
								shall:
(1) Record,
			 in accordance with state law, a notation on the deed to the facility property,
			 or on some other instrument which is normally examined during title search,
			 that will notify in perpetuity the potential purchasers of the property that:
(a) The land has been used to manage
			 hazardous wastes; and
(b)
										
										The land
			 use is restricted under rules  3745-66-10 to 3745-66-21 of the Administrative Code;
			 and
(c) The survey plat and record
			 of the type, location, and quantity of hazardous wastes disposed of within each
			 cell or hazardous waste disposal unit of the facility required by rule
			 3745-66-16 of the
			 Administrative Code and paragraph (A) of this rule have been filed with the
			 local zoning authority or the authority with jurisdiction over local land use
			 and with the director; and
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-66 - Closure and Post-Closure Under Interim Standards › Section 3745-66-20 - Certification of completion of post-closure care

Current through all regulations passed and filed through July 1, 2024
No later than sixty days after the completion of the
				established post-closure care period for each hazardous waste disposal unit,
				the owner or operator must submit to the director, by registered mail, a
				certification that the post-closure care period for the hazardous waste
				disposal unit was performed in accordance with the specifications in the
				approved post-closure plan. The certification must be signed by the owner or
				operator and a qualified professional engineer. Documentation
				supporting the 
				professional engineer's certification must be furnished to the director upon
				request until he releases the owner or operator from the financial assurance
				requirements for post-closure care under paragraph (H) of rule
				3745-66-45
				of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-66 - Closure and Post-Closure Under Interim Standards › Section 3745-66-21 - Post-closure requirements for facilities that obtain enforceable documents in lieu of post-closure permits

Current through all regulations passed and filed through July 1, 2024
(A) Owners and operators who are subject to
			 the requirement to obtain a post-closure permit under rule
			 3745-50-45
			 of the Administrative Code, but who obtain enforceable documents in lieu of
			 post-closure permits, as provided under paragraph (G) of rule
			 3745-50-45
			 of the Administrative Code, must comply with the following requirements:
(1) The requirements to submit information
			 about the facility in paragraph (C)(14) of rule
			 3745-50-44
			 of the Administrative Code;
(2) The
			 requirements for facility-wide corrective action in rule
			 3745-54-101
			 of the Administrative Code;
(3) The
			 requirements of rules
			 3745-54-91 to
			 3745-54-100
			 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-66 - Closure and Post-Closure Under Interim Standards › Section 3745-66-40 - Applicability- financial requirements

Current through all regulations passed and filed through July 1, 2024
(A) The requirements of rules
			 3745-66-42,
			 3745-66-43,
			 3745-66-47,
			 and
			 3745-66-48
			 of the Administrative Code apply to owners and operators of all hazardous waste
			 facilities, including underground injection control facilities, except as this
			 rule or rule
			 3745-65-01
			 of the Administrative Code provide otherwise.
(B) The requirements of rules
			 3745-66-44
			 and 3745-66-45 of the Administrative Code apply only to
			 owners and operators of:
(1) Disposal
			 facilities;
(2) Tank systems that
			 are required under rule
			 3745-66-97
			 of the Administrative Code to meet the requirements for landfills; and
(3) Containment buildings that are
			 required under rule
			 3745-256-102
			 of the Administrative Code to meet the requirements for landfills.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-66 - Closure and Post-Closure Under Interim Standards › Section 3745-66-41 - Definitions- financial requirements

Current through all regulations passed and filed through July 1, 2024
(A) When used in rules
			 3745-66-40
			 to
			 3745-66-48
			 of the Administrative Code, the following terms have the following meanings:
(1) "Closure plan" means the plan for closure
			 prepared in accordance with  rule
			 3745-66-12
			 of the Administrative Code.
(2)
			 "Current closure cost estimate" means the most recent of the estimates prepared in
			 accordance with paragraphs (A), (B), and (C) of
			 rule
			 3745-66-42
			 of the Administrative Code.
(3)
			 "Current post-closure cost estimate" means the most recent of the estimates
			 prepared in accordance with paragraphs (A), (B), and
			 (C) of rule
			 3745-66-44
			 of the Administrative Code.
(4)
			 "Parent corporation" means a corporation which directly owns at least fifty per
			 cent of the voting stock of the corporation which is the facility owner or
			 operator; the latter corporation is deemed a "subsidiary" of the parent
			 corporation.
(5) "Post-closure
			 plan" means the plan for post-closure care prepared in accordance with
			 rules
			 3745-66-17
			 to
			 3745-66-20
			 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-66 - Closure and Post-Closure Under Interim Standards › Section 3745-66-42 - Cost estimate for closure

Current through all regulations passed and filed through July 1, 2024
(A) The owner or operator shall have a
			 detailed written estimate, in current dollars, of the cost of closing the
			 facility in accordance with rules
			 3745-66-11
			 to
			 3745-66-15
			 of the Administrative Code and applicable closure requirements in rules
			 3745-66-97,
			 3745-67-28,
			 3745-67-58,
			 3745-67-80,
			 3745-68-10,
			 3745-68-51,
			 3745-68-81,
			 3745-69-04, and
			 3745-256-102
			 of the Administrative Code.
(1) The closure
			 cost estimate shall equal the cost of final closure at the point in the
			 facility's active life when the extent and manner of the facility's operation
			 would make closure the most expensive, as indicated by the facility's closure
			 plan [see paragraph (B) of rule
			 3745-66-12
			 of the Administrative Code].
(2)
			 The closure cost estimate shall be based on the costs to the owner or operator
			 of hiring a third party to close the facility. A third party is a party who is
			 neither a parent nor a subsidiary of the owner or operator. (See the definition
			 of "parent corporation" in rule
			 3745-66-41
			 of the Administrative Code.) The owner or operator may use costs for on-site
			 disposal if the owner or operator can demonstrate that on-site disposal
			 capacity will exist at all times over the life of the facility.
(3) The closure cost estimate may not
			 incorporate any salvage value that may be realized by the sale of hazardous
			 wastes, or nonhazardous waste if applicable under paragraph (D) of rule
			 3745-66-13
			 of the Administrative Code, facility structures or equipment, land, or other
			 assets associated with the facility at the time of partial or final
			 closure.
(4) The owner or operator
			 may not incorporate a zero cost for hazardous wastes, or nonhazardous wastes if
			 applicable under paragraph (D) of rule
			 3745-66-13
			 of the Administrative Code, that might have economic value.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-66 - Closure and Post-Closure Under Interim Standards › Section 3745-66-44 - Cost estimate for post-closure care

Current through all regulations passed and filed through July 1, 2024
(A) The owner or operator of a hazardous
			 waste disposal unit shall have a detailed written estimate, in current dollars,
			 of the annual cost of post-closure monitoring and maintenance of the facility
			 in accordance with the applicable post-closure provisions in rules
			 3745-66-17
			 to
			 3745-66-21,
			 3745-67-28,
			 3745-67-58,
			 3745-67-80,
			 and
			 3745-68-10
			 of the Administrative Code.
(1) The
			 post-closure cost estimate shall be based on the costs to the owner or operator
			 of hiring a third party to conduct post-closure care activities. A "third
			 party" is a party who is neither a parent nor a subsidiary of the owner or
			 operator (see the definition of "parent corporation" in rule
			 3745-66-41
			 of the Administrative Code).
(2)
			 The post-closure cost estimate is calculated by multiplying the annual
			 post-closure cost estimate by the number of years of post-closure care required
			 under rule
			 3745-66-17
			 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-66 - Closure and Post-Closure Under Interim Standards › Section 3745-66-46 - Use of a mechanism for financial assurance of both closure and post-closure care

Current through all regulations passed and filed through July 1, 2024
An owner or operator may satisfy the requirements for financial
				assurance for both closure and post-closure care for one or more facilities by
				using a trust fund, surety bond, letter of credit, insurance, financial test,
				or corporate guarantee that meets the specifications for the mechanism in rules
				3745-66-43
				and
				3745-66-45
				of the Administrative Code. The amount of funds available through the mechanism
				must be no less than the sum of funds that would be available if a separate
				mechanism had been established and maintained for financial assurance of
				closure and of post-closure care.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-66 - Closure and Post-Closure Under Interim Standards › Section 3745-66-47 - Liability requirements

Current through all regulations passed and filed through July 1, 2024
(A) Coverage for sudden accidental
			 occurrences. An owner or operator of a hazardous waste treatment, storage, or
			 disposal facility, or a group of such facilities, shall demonstrate financial
			 responsibility for bodily injury and property damage to third parties caused by
			 sudden accidental occurrences arising from operations of the facility or group
			 of facilities. The owner or operator shall have and maintain liability coverage
			 for sudden accidental occurrences in the amount of at least one million dollars
			 per occurrence with an annual aggregate of at least two million dollars,
			 exclusive of legal defense costs. This liability coverage may be demonstrated
			 as specified in paragraph (A)(1), (A)(2), (A)(3), (A)(4), (A)(5), or (A)(6) of
			 this rule.
(1) An owner or operator may demonstrate the
			 required liability coverage by having liability insurance as specified in
			 paragraph (A)  of this rule.
(a) Each
			 insurance policy shall be amended by attachment of the "Hazardous Waste
			 Facility Liability Endorsement" or evidenced by a "Certificate of Liability
			 Insurance." The wording of the endorsement shall be identical to the wording
			 specified in paragraph (I) of rule
			 3745-55-51
			 of the Administrative Code. The wording of the certificate of insurance shall
			 be identical to the wording specified in paragraph (J) of rule
			 3745-55-51
			 of the Administrative Code. The owner or operator shall submit an originally
			 signed duplicate of the endorsement or the certificate of insurance to the
			 director. If requested by the director, an owner or operator shall provide an
			 originally signed duplicate of the insurance policy.
(b) Each insurance policy shall be issued by
			 an insurer which, at a minimum, is licensed to transact the business of
			 insurance, or eligible to provide insurance as an excess or surplus lines
			 insurer, in one or more states.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-66 - Closure and Post-Closure Under Interim Standards › Section 3745-66-48 - Incapacity of owners or operators, guarantors, or financial institutions

Current through all regulations passed and filed through July 1, 2024
(A) An owner or
			 operator must notify the director by certified mail of the commencement of a
			 voluntary or involuntary proceeding under Title 11 (bankruptcy), U.S. Code,
			 naming the owner or operator as debtor, within ten days after commencement of
			 the proceeding. A guarantor of a corporate guarantee as specified in paragraph
			 (E) of rule
			 3745-66-43
			 and paragraph (E) of rule
			 3745-66-45
			 of the Administrative Code must make such a notification if he is named as
			 debtor, as required under the terms of the corporate guarantee[paragraph (H) of
			 rule
			 3745-55-51
			 of the Administrative Code].
(B) An
			 owner or operator who fulfills the requirements of rules
			 3745-66-43,
			 3745-66-45
			 or
			 3745-66-47
			 of the Administrative Code by obtaining a trust fund, surety bond, letter of
			 credit, or insurance policy will be deemed to be without the required financial
			 assurance or liability coverage in the event of bankruptcy of the trustee or
			 issuing institution, or a suspension or revocation of the authority of the
			 trustee institution to act as trustee or of the institution issuing the surety
			 bond, letter of credit, or insurance policy to issue such instruments. The
			 owner or operator must establish other financial assurance or liability
			 coverage within sixty days after such an event.
[Comment: For dates of non-regulatory government publications,
				publications of recognized organizations and associations, federal rules, and
				federal statutory provisions referenced in this rule, see rule
				3745-50-11
				of the Administrative Code titled"Incorporated by reference."]
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-66 - Closure and Post-Closure Under Interim Standards › Section 3745-66-70 - Applicability - use and management of containers

Current through all regulations passed and filed through July 1, 2024
Rules
				3745-66-70 to
				
								3745-66-78 of the Administrative Code apply to owners
				and operators of all hazardous waste facilities that store containers of
				hazardous waste, except as rule
				3745-65-01 of the Administrative
				Code provides otherwise.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-66 - Closure and Post-Closure Under Interim Standards › Section 3745-66-71 - Conditions of containers

Current through all regulations passed and filed through July 1, 2024
If a container holding hazardous waste is not in good
				condition, or if it begins to leak, the owner or operator must transfer the
				hazardous waste from such container to a container that is in good condition or
				manage the waste in another manner that complies with the requirements of
				Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-66 - Closure and Post-Closure Under Interim Standards › Section 3745-66-72 - Compatibility of waste with container

Current through all regulations passed and filed through July 1, 2024
The owner or operator shall use a container made of or lined
				with materials which will not react with, and are otherwise compatible with,
				the hazardous waste to be stored, so that the ability of the container to
				contain the waste is not impaired.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-66 - Closure and Post-Closure Under Interim Standards › Section 3745-66-73 - Management of containers

Current through all regulations passed and filed through July 1, 2024
(A)
			 A container holding hazardous waste shall always be closed during storage,
			 except when it is necessary to add or remove waste.
(B) A container holding hazardous waste shall
			 not be opened, handled, or stored in a manner which may rupture the container
			 or cause 
								the
			 container to leak.
[Comment 1: Reuse of containers in
				transportation is governed by United States department of transportation
				regulations, including those in
				49 CFR
				173.28.]
[Comment 2: For dates of non-regulatory
				government publications, publications of recognized organizations and
				associations, federal rules, and federal statutory provisions referenced in
				this rule, see rule
				3745-50-11
				of the Administrative Code titled "Incorporated by reference."]
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-66 - Closure and Post-Closure Under Interim Standards › Section 3745-66-74 - Inspections- containers

Current through all regulations passed and filed through July 1, 2024
At least once during each period from Sunday to Saturday, the
				owner or operator shall inspect areas where containers are stored. The owner or
				operator shall look for leaking containers and for deterioration of containers
				caused by corrosion or other factors. The owner or operator shall record
				inspections in an inspection log or summary. See rule
				3745-66-71
				of the Administrative Code for remedial action required if deterioration or
				leaks are detected.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-66 - Closure and Post-Closure Under Interim Standards › Section 3745-66-77 - Special requirements for incompatible wastes- containers

Current through all regulations passed and filed through July 1, 2024
(A) Incompatible
			 wastes, or incompatible wastes and materials (see the
			 appendix to rule
			 3745-66-99
			 of the Administrative Code for examples), shall not be placed in the same
			 container, unless paragraph (B) of rule
			 3745-65-17
			 of the Administrative Code is complied with.
(B) Hazardous waste shall not be placed in an
			 unwashed container that previously held an incompatible waste (see the
			 appendix to rule
			 3745-66-99
			 of the Administrative Code for examples), unless paragraph (B) of rule
			 3745-65-17
			 of the Administrative Code is complied with.
(C) A storage container holding a hazardous
			 waste that is incompatible with any waste or other materials stored nearby in
			 other containers, piles, open tanks, or surface impoundments shall be separated
			 from the other materials or protected from the other
			 materials by means of a dike, berm, wall, or other device.
[Comment: The purpose of this rule is
				to prevent fires, explosions, gaseous emissions, leaching, or other discharge
				of hazardous waste or hazardous waste constituents which could result from the
				mixing of incompatible wastes or materials if containers break or
				leak.]
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-66 - Closure and Post-Closure Under Interim Standards › Section 3745-66-78 - Air emission standards - containers

Current through all regulations passed and filed through July 1, 2024
The owner or operator shall manage all
				hazardous waste placed in a container in accordance with the applicable
				requirements of rules
				3745-256-30 to
				3745-256-35,
				3745-256-50 to
				3745-256-64, and
				3745-256-80 to
				3745-256-90 of the
				Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-66 - Closure and Post-Closure Under Interim Standards › Section 3745-66-90 - Applicability - tanks

Current through all regulations passed and filed through July 1, 2024
Rules
				3745-66-90 to
				
								3745-66-102 of the Administrative Code apply to owners
				and operators of facilities that use tank systems 
								for storing or
				
								treating hazardous waste except as otherwise provided
				in paragraphs (A), (B), and (C) of this rule or in rule
				3745-65-01 of the Administrative
				Code.
(A) Tank systems that are used
			 to store or treat hazardous waste which contains no free liquids and that are
			 situated inside a building with an impermeable floor are exempted from rule
			 3745-66-93 of the Administrative
			 Code. To demonstrate the absence or presence of free liquids in the stored or
			 treated waste, the following test shall be used:
			 method 9095B ("Paint Filter Liquids Test") as described in "Test Methods for
			 Evaluating Solid Waste, Physical/Chemical Methods," U.S. EPA publication
			 SW-846.
(B) Tank systems, including
			 "sumps," as defined in rule
			 3745-50-10 of the Administrative
			 Code, that serve as part of a secondary containment system to collect or
			 contain releases of hazardous wastes, are exempted from paragraph (A) of rule
			 3745-66-93 of the Administrative
			 Code.
(C) Tanks, sumps, and other
			 collection devices used in conjunction with "drip pads," as defined in rule
			 3745-50-10 of the Administrative
			 Code, and regulated under rules
			 3745-69-40 to
			 3745-69-45 of the Administrative
			 Code, shall comply with rules
			 3745-66-90 to
			 
								3745-66-102 of the Administrative Code.
[Comment: For dates of non-regulatory government publications,
				publications of recognized organizations and associations, federal rules, and
				federal statutory provisions referenced in this rule, see rule
				3745-50-11 of the Administrative
				Code titled "Incorporated by reference."]
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-66 - Closure and Post-Closure Under Interim Standards › Section 3745-66-91 - Assessment of existing tank system's integrity

Current through all regulations passed and filed through July 1, 2024
(A) For each existing tank system that does
			 not have secondary containment meeting the requirements of rule
			 3745-66-93
			 of the Administrative Code, the owner or operatormust determine
			 that the tank system is not leaking or is unfit for use. Except as provided in
			 paragraph (C) of this rule, the owner or operator must obtain and
			 keep on file at the facility a written assessment reviewed and certified by
			 qualified professional engineer in accordance with paragraph (D) of
			 rule
			 3745-50-42
			 of the Administrative Code, that attests to the tank system's integrity within
			 thirty days after December 8, 1988.
(B) This assessment
			 must
			 determine that the tank system is adequately designed and has sufficient
			 structural strength and compatibility with the waste(s) to be stored or treated
			 to ensure that it will not collapse, rupture, or fail. At a minimum, this
			 assessment must consider the following:
(1) Design standard(s), if available,
			 according to which the tank and ancillary equipment were constructed;
(2) Hazardous characteristics of
			 the waste(s) that have been or will be handled;
(3) Existing corrosion protection measures;
(4) Documented age of the tank
			 system, if available (otherwise, an estimate of the age); and
(5) Results of a leak test, internal
			 inspection, or other tank integrity examination such that:
(a) For non-enterable underground tanks, this
			 assessment must consist of a leak test that is capable of taking
			 into account the effects of temperature variations, tank end deflection, vapor
			 pockets, and high water table effects.
(b) For other than non-enterable underground
			 tanks and for ancillary equipment, this assessment must be either a
			 leak test, as described in paragraph (B)(5)(a) of this rule, or an internal
			 inspection and/or other tank integrity examination certified by
			 
			 aqualified professional engineer in accordance with
			 paragraph (D) of rule
			 3745-50-42
			 of the Administrative Code that addresses cracks, leaks, corrosion, and
			 erosion.
[Comment: The practices described in the "American
				Petroleum Institute (API)" publication, "Guide for Inspection of Refinery
				Equipment," chapter XIII, "Atmospheric and Low-Pressure Storage Tanks,"
				fourth
				edition, 1981, may be used, where applicable, as guidelines in conducting the
				integrity examination of an other than non-enterable underground tank system.]
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-66 - Closure and Post-Closure Under Interim Standards › Section 3745-66-93 - Containment and detection of releases - tanks

Current through all regulations passed and filed through July 1, 2024
(A) In order to prevent the release of
			 hazardous waste or hazardous constituents to the environment, secondary
			 containment that complies with this rule shall be provided [except as provided
			 in paragraphs (F) and (G) of this rule] for the following:
(1) For all new and existing tank systems or
			 components, prior to being put into service;
(2) For tank systems that store or treat
			 materials that become hazardous wastes, within two years after the hazardous
			 waste listing, or when the tank system has reached fifteen years of age,
			 whichever comes later.