reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-54 - General Facility Standards-New Facilities › Section 3745-54-76 - 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 the hazardous waste rules, 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 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 his 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 3745-54 - General Facility Standards-New Facilities › Section 3745-54-77 - 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
				3745-54-75 and
				3745-54-76 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
			 3745-54-56 of the Administrative
			 Code;
(B) Facility closure as
			 specified in rule
			 3745-55-15 of the Administrative
			 Code; and
(C) As otherwise required
			 by rules
			 3745-54-90 to
			 3745-54-101,
			 3745-56-20 to
			 
								3745-56-32, 3745-56-50 to 3745-56-59, 3745-56-70 to
			 3745-56-83,  3745-57-02 to
			 3745-57-17, 3745-205-30 to 3745-205-36, 3745-205-50 to
			 3745-205-65, and 3745-205-80 to 3745-205-90 of the Administrative
			 Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-54 - General Facility Standards-New Facilities › Section 3745-54-90 - Applicability - ground water protection

Current through all
			 regulations passed and filed through July 1, 2024
(A)
(1)
			 Except as provided in paragraph (B) of this rule, rules 3745-54-90 to
			 3745-54-101
			 of the Administrative Code apply to owners or operators of facilities that
			 treat, store, or dispose of hazardous waste. The owner or operator must satisfy
			 the requirements identified in paragraph (A)(2) of this rule for all wastes(or
			 constituents thereof) contained in waste management units at the facility,
			 regardless of the time at which waste was placed in such units.
(2) All waste management units must comply
			 with the requirements in rule
			 3745-54-101
			 of the Administrative Code. A surface impoundment, waste pile, and land
			 treatment unit or landfill that receives hazardous waste after July 26,
			 1982(hereinafter referred to as a "regulated unit") must comply with the
			 requirements of rules
			 3745-54-91 to
			 3745-54-100
			 of the Administrative Code in lieu of rule
			 3745-54-101
			 of the Administrative Code for purposes of detecting, characterizing, and
			 responding to releases to the uppermost aquifer. The financial responsibility
			 requirements of rule
			 3745-54-101
			 of the Administrative Code apply to regulated units.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-54 - General Facility Standards-New Facilities › Section 3745-54-91 - Required programs

Current through all regulations passed and
			 filed through July 1, 2024
(A) Owners or operators subject to rules
			 3745-54-90
			 to
			 3745-54-101
			 of the Administrative Code must conduct a monitoring and response program as
			 follows:
(1) Whenever hazardous constituents
			 under rule
			 3745-54-93
			 of the Administrative Code from a regulated unit are detected at the compliance
			 point under rule
			 3745-54-95 of
			 the Administrative Code, the owner or operator must institute a compliance
			 monitoring program under rule
			 3745-54-99
			 of the Administrative Code."Detected" is defined as statistically significant
			 evidence of contamination as described in paragraph (F) of rule
			 3745-54-98
			 of the Administrative Code.
(2)
			 Whenever the ground water protection standard under rule
			 3745-54-92
			 of the Administrative Code is exceeded, the owner or operator must institute a
			 corrective action program under rule
			 3745-54-100
			 of the Administrative Code."Exceeded" is defined as statistically significant
			 evidence of increased contamination as described in paragraph (D) of rule
			 3745-54-99
			 of the Administrative Code.
(3)
			 Whenever hazardous constituents under rule
			 3745-54-93
			 of the Administrative Code from a regulated unit exceed concentration limits
			 under rule
			 3745-54-94
			 of the Administrative Code in ground water between the compliance point under
			 rule
			 3745-54-95 of
			 the Administrative Code and the downgradient facility property boundary, the
			 owner or operator must institute a corrective action program under rule
			 3745-55-013745-54-100 of the Administrative Code; or
(4) In all other cases, the owner or operator
			 must institute a detection monitoring program under rule
			 3745-54-98
			 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-54 - General Facility Standards-New Facilities › Section 3745-54-92 - Ground water protection standard

Current through all
			 regulations passed and filed through July 1, 2024
The owner or operator must comply with conditions specified in
				the facility permit that are designed to ensure that hazardous constituents
				under rule
				3745-54-93
				of the Administrative Code detected in the ground water from a regulated unit
				do not exceed the concentration limits under rule
				3745-54-94
				of the Administrative code in the uppermost aquifer underlying the waste
				management area beyond the point of compliance under rule
				3745-54-95 of
				the Administrative Code during the compliance period under rule
				3745-54-96 of
				the Administrative Code. The ground water protection standard will be
				established in the facility permit when hazardous constituents have been
				detected in the ground water.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-54 - General Facility Standards-New Facilities › Section 3745-54-93 - Hazardous constituents

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 The 
								director will specify in the
			 facility permit the hazardous constituents to which the ground water
			 protection standard of rule
			 3745-54-92
			 of the Administrative Code applies. Hazardous constituents are constituents
			 identified in the appendix to rule
			 3745-51-11
			 of the Administrative Code that have been detected in ground water in the
			 uppermost aquifer underlying a regulated unit and that are reasonably expected
			 to be in or derived from waste contained in a regulated unit, unless
			 the director has excluded such hazardous
			 constituents  under
			 paragraph (B) of this rule.
(B)
								
								The director
			 will exclude from the list of hazardous constituents in the facility permit any
			 constituent shown in the apppendix to rule
			 3745-51-11
			 of the Administrative Code if the director finds that the constituent is
			 not capable of posing a substantial present or potential hazard to human health
			 or the environment. In deciding whether to grant an exemption, the director
			 shall consider the following:
(1) Potential
			 adverse effects on ground water quality, considering :
(a)
			 The physical and chemical characteristics of the waste in the regulated unit,
			 including the potential for migration
										of the waste;
(b) The hydrogeological characteristics of
			 the facility and surrounding land;
(c) The
			 quantity of ground water and the direction of ground water flow;
(d) The proximity and withdrawal rates of
			 ground water users;
(e) The
			 current and future uses of ground water in the area;
(f) The
			 existing quality of ground water, including other sources of contamination and
			 the cumulative impact of other sources of
			 contamination on the ground water quality;
(g) The potential for health risks caused by
			 human exposure to waste constituents;
(h) The
			 potential damage to wildlife, crops, vegetation, and physical structures caused
			 by exposure to waste constituents;
(i) The
			 persistence and permanence of the potential adverse effects; and
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-54 - General Facility Standards-New Facilities › Section 3745-54-94 - Concentration limits

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 The facility permit shall specify the concentration limits in the ground water
			 for hazardous constituents established under rule
			 3745-54-93
			 of the Administrative Code. The concentration of a hazardous constituent
			 :
(1) Shall not exceed the background level of
			 that constituent in the ground water at the time that limit is specified in the
			 permit;
			 or
(2) For any of the
			 constituents listed in the table in this rule, the concentration of the
			 constituent shall not exceed the respective value given in the table in this
			 rule if the background level of the constituent is below the value given in the
			 table in this rule; or
(3)
			 Shall not exceed an alternate limit established in the permit under paragraph
			 (B) of this rule.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-54 - General Facility Standards-New Facilities › Section 3745-54-95 - Point of compliance

Current through all regulations passed
			 and filed through July 1, 2024
(A) The permit will specify the point of
			 compliance at which the groundwater protection standard of rule
			 3745-54-92
			 of the Administrative Code applies and at which monitoring must be conducted.
			 The "point of compliance" is a vertical surface located at the hydraulically
			 downgradient limit of the waste management area that extends down into the
			 uppermost aquifer underlying the regulated units.
(B) The "waste management area" is the limit
			 projected in the horizontal plane of the area on which waste will be placed
			 during the active life of the regulated unit.
(1) The waste management area includes
			 horizontal space taken up by any liner, dike or other barrier designed to
			 contain waste in a regulated unit.
(2) If the facility contains more than one
			 regulated unit, the waste management area is described in an imaginary line
			 circumscribing the several regulated units.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-54 - General Facility Standards-New Facilities › Section 3745-54-96 - Compliance period

Current through all regulations passed and
			 filed through July 1, 2024
(A) The permit will specify the compliance
			 period during which the ground water protection standard of rule
			 3745-54-92
			 of the Administrative Code applies. The"compliance period" is the number of
			 years equal to the active life of the waste management area (including any
			 waste management activity prior to permitting, and the closure period).
(B) The compliance period begins
			 when the owner or operator initiates a compliance monitoring program meeting
			 the requirements of rule
			 3745-54-99
			 of the Administrative Code.
(C) If
			 the owner or operator is engaged in a corrective action program at the end of
			 the compliance period specified in paragraph (A) of this rule, the compliance
			 period is extended until the owner or operator can demonstrate that the ground
			 water protection standard of rule
			 3745-54-92
			 of the Administrative Code has not been exceeded for a period of three
			 consecutive years.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-54 - General Facility Standards-New Facilities › Section 3745-54-97 - General ground water monitoring requirements

Current through
			 all regulations passed and filed through July 1, 2024
The owner or operator must comply with the following
				requirements for any ground water monitoring program developed to satisfy rule
				3745-54-98,
				3745-54-99,
				or3745-54-100 of the Administrative Code.
(A) The ground water monitoring system must
			 consist of a sufficient number of wells, installed at appropriate locations and
			 depths to yield ground water samples from the uppermost aquifer that:
(1) Represent the quality of background
			 ground water that has not been affected by
			 leakage from a regulated unit;
(a) A
			 determination of background ground water quality
			 may include sampling of wells that are not hydraulically upgradient of the
			 waste management area where:
(i)
			 Hydrogeologic conditions do not allow the owner or operator to determine what
			 wells are hydraulically upgradient; and
(ii) Sampling at other wells will provide an
			 indication of background ground water quality that is representative or more
			 representative than that provided by the upgradient wells; and
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-54 - General Facility Standards-New Facilities › Section 3745-54-98 - Detection monitoring program

Current through all regulations
			 passed and filed through July 1, 2024
An owner or operator required to establish a detection
				monitoring program under rules
				3745-54-90
				to
				3745-54-101
				of the Administrative Code must, at a minimum, discharge the following
				responsibilities:
(A) The owner or
			 operator must monitor for indicator parameters (e.g., specific conductance,
			 total organic carbon, or total organic halogen), waste constituents, or
			 reaction products that provide a reliable indication of the presence of
			 hazardous constituents in ground water. The director will specify the
			 parameters or constituents to be monitored in the facility permit, after
			 considering the following factors:
(1) The
			 types, quantities, and concentrations of constituents in wastes managed at the
			 regulated unit;
(2) The mobility,
			 stability, and persistence of waste constituents or their reaction products in
			 the unsaturated zone beneath the waste management area;
(3) The detectability of indicator
			 parameters, waste constituents, and reaction products in ground water; and
(4) The concentrations or values
			 and coefficients of variation of proposed monitoring parameters or constituents
			 in the ground water background.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-54 - General Facility Standards-New Facilities › Section 3745-54-99 - Compliance monitoring program

Current through all regulations
			 passed and filed through July 1, 2024
An owner or operator required to establish a compliance
				monitoring program under rules
				3745-54-90
				to 3745-54-101AdministrativeCode , at a
				minimum, shall discharge the following
				responsibilities:
(A) The owner or
			 operator shall monitor the ground water to determine whether
			 regulated units are in compliance with the ground water protection standard
			 under rule
			 3745-54-92
			 of the Administrative Code. The permit shall specify the
			 ground water protection standard, including:
(1) A list of the hazardous constituents
			 identified under rule
			 3745-54-93
			 and the appendix to rule
			 3745-51-11
			 of the Administrative Code.
(2) Concentration limits under rule
			 3745-54-94
			 of the Administrative Code for each of those hazardous constituents.
(3) The compliance point under rule
			 3745-54-95 of
			 the Administrative Code.
(4) The
			 compliance period under rule
			 3745-54-96 of
			 the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-54 - General Facility Standards-New Facilities › Section 3745-54-100 - Corrective action program

Current through all regulations passed
			 and filed through July 1, 2024
An owner or operator required to establish a corrective action
				program under rules
				3745-54-90
				to
				3745-54-101
				of the Administrative Code must, at a minimum, discharge the following
				responsibilities:
(A) The owner or
			 operator must take corrective action to ensure that regulated units are in
			 compliance with the ground water protection standard under rule
			 3745-54-92
			 of the Administrative Code. The permit will specify the ground water protection
			 standard and will include:
(1) A list of the
			 hazardous constituents identified under rule
			 3745-54-93
			 of the Administrative Code;
(2)
			 Concentration limits under rule
			 3745-54-94
			 of the Administrative Code for each of those hazardous constituents;
(3) The compliance point under rule
			 3745-54-95 of
			 the Administrative Code; and
(4)
			 The compliance period under rule
			 3745-54-96 of
			 the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-54 - General Facility Standards-New Facilities › Section 3745-54-101 - Corrective action for waste management units

Current through all
			 regulations passed and filed through July 1, 2024
(A) The owner or operator of a facility
			 seeking a permit for the treatment, storage, or disposal of hazardous waste
			 must institute corrective action as necessary to protect human health and the
			 environment for all releases of hazardous waste or constituents from any waste
			 management unit at the facility, regardless of the time at which waste was
			 placed in such unit.
(B) Corrective
			 action will be specified in the permit in accordance with this rule and with
			 rules
			 3745-57-70
			 to
			 3745-57-75
			 of the Administrative Code. The permit will contain schedules of compliance for
			 such corrective action(where such corrective action cannot be completed prior
			 to the issuance of the permit) and assurances of financial responsibility for
			 completing such corrective action.
(C) The owner or operator must implement
			 corrective actions beyond the facility property boundary, where necessary to
			 protect human health and the environment, unless the owner or operator
			 demonstrates to the satisfaction of the director that, despite the owner's or
			 operator's best efforts, the owner or operator was unable to obtain the
			 necessary permission to undertake such actions. The owner/operator is not
			 relieved of all responsibility to clean up a release that has migrated beyond
			 the facility boundary where off-site access is denied. On-site measures to
			 address such releases will be determined on a case-by-case basis. Assurances of
			 financial responsibility for such corrective action must be provided.
(D) This rule does not apply to remediation waste management
			 sites unless they are part of a facility subject to a permit for treating,
			 storing, or disposing of hazardous wastes that are not remediation wastes.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-55 - Corrective Action, Closure, Post-Closure, and Financial Requirements › Section 3745-55-10 - Applicability: closure and post-closure

Current through all
			 regulations passed and filed through July 1, 2024
Except as rule
				3745-54-01
				of the Administrative Code provides otherwise:
(A) Rules
			 3745-55-11
			 to
			 3745-55-15
			 of the Administrative Code(which concern closure) apply to the owners and
			 operators of all hazardous waste management facilities; and
(B) Rule
			 3745-55-16 to
			 3745-55-20
			 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 from which the owner or operator intends to
			 remove the wastes at closure to the extent that rules 3745-55-10 to
			 3745-55-20
			 of the Administrative Code are made applicable to such facilities in rules
			 3745-56-28
			 and
			 3745-56-58
			 of the Administrative Code;
(3)
			 Tank systems that are required under rule
			 3745-55-97
			 of the Administrative Code to meet the requirements for landfills; and
(4) Containment buildings that are
			 required under rule
			 3745-205-102
			 of the Administrative Code to meet the requirements for landfills.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-55 - Corrective Action, Closure, Post-Closure, and Financial Requirements › Section 3745-55-11 - Closure performance standard

Current through all regulations
			 passed and filed through July 1, 2024
The owner or operator must close the facility in a manner that:
(A) Minimizes the need for further
			 maintenance; and
(B) Controls,
			 minimizes or eliminates, to the extent necessary to prevent threats to 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 or surface waters or to the atmosphere; and
(C) Complies with the closure requirements of
			 Chapters 3745-54 to 3745-57 and 3745-205 of the
			 Administrative Code, including, but not limited to, the requirements of rules
			 3745-55-78,
			 3745-55-97,
			 3745-56-28,
			 3745-56-58,
			 3745-56-80,
			 3745-57-10,
			 3745-57-51,
			 3745-57-91
			 to
			 3745-57-93, and
			 3745-205-102
			 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-55 - Corrective Action, Closure, Post-Closure, and Financial Requirements › Section 3745-55-12 - Closure plan and amendment of closure plan

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 Written closure plan.
(1) The owner or operator of a hazardous
			 waste management facility shall have a written closure plan. In addition,
			 certain surface impoundments and waste piles from which the owner or operator
			 intends to remove or decontaminate the hazardous waste at partial or final
			 closure are required by paragraph (C)(1)(a) of rule
			 3745-56-28
			 and paragraph (C)(1)(a) of rule
			 3745-56-58
			 of the Administrative Code to have contingent closure plans. The
			 closure plan 
									shall be
			 submitted with the permit application, in accordance with paragraph (A)(13) of
			 rule
			 3745-50-44
			 of the Administrative Code, and approved by the
			 director as part of the permit issuance procedures under Chapter 3745-50 of the Administrative Code.
			 In accordance
			 with rules
			 3745-50-40
			 and
			 3745-50-51
			 of the Administrative Code, the approved closure plan will become a
			 condition of the Ohio hazardous waste permit issued.
(2) The director's approval of the
			 closure plan shall ensure that
			 the approved closure plan is consistent with rules
			 3745-55-11
			 to
			 3745-55-15
			 of the Administrative Code and the applicable requirements of rules
			 3745-54-90
			 to
			 3745-54-101,
			 3745-55-78,
			 3745-55-97,
			 3745-56-28,
			 3745-56-58,
			 3745-56-80,
			 3745-57-10,
			 3745-57-51,
			 3745-57-91,
			 and
			 3745-205-102
			 of the Administrative Code. Until final closure is completed and certified in
			 accordance with rule
			 3745-55-15
			 of the Administrative Code, a copy of the approved closure plan and all approved revisions
			 
									shall be
			 furnished to the director upon request, including request by mail.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-55 - Corrective Action, Closure, Post-Closure, and Financial Requirements › Section 3745-55-13 - Closure; 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 applicable requirements in paragraphs (D)
			 and (E) of this rule, at a hazardous waste management unit or facility, 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 complies with all
			 applicable requirements for requesting a modification to the permit and
			 demonstrates that:
(1)
(a) The activities required to comply with
			 paragraphs (A)(1)(a) to (A)(1)(b)(iii) 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 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 the facility would be incompatible with continued operation
			 of the site; and
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-55 - Corrective Action, Closure, Post-Closure, and Financial Requirements › Section 3745-55-14 - 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 soils must be properly disposed of or decontaminated
				unless otherwise specified in rules
				3745-55-97,
				3745-56-28,
				3745-56-58,
				3745-56-80,
				or
				3745-57-10
				of the Administrative Code. By removing any 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 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 3745-55 - Corrective Action, Closure, Post-Closure, and Financial Requirements › Section 3745-55-15 - Certification of closure

Current through all regulations passed and
			 filed through July 1, 2024
Within sixty days after completion of closure of each hazardous waste
				surface impoundment, waste pile, land treatment, landfill unit, and storage
				area, and within sixty days after the completion of final closure, the owner or
				operator must 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 the specifications in the
				approved closure plan. The certification must be signed
				by the owner or operator and by  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 closure under paragraph (I) of
				rule
				3745-55-43
				of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-55 - Corrective Action, Closure, Post-Closure, and Financial Requirements › Section 3745-55-16 - 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, the 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
				the applicable provisions in rules
				3745-55-10
				to
				3745-55-20
				of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-55 - Corrective Action, Closure, Post-Closure, and Financial Requirements › Section 3745-55-17 - 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
			 3745-55-17 to
			 3745-55-20 of the Administrative
			 Code 
									shall begin after completion of closure of the unit
			 and continue for thirty years after the date of completing closure and
			 
									shall
			 consist of at least the following:
(a)
			 Monitoring and reporting in accordance with the requirements of rules
			 3745-54-90 to
			 3745-54-101,
			 3745-56-20 to
			 
										3745-56-32, 3745-56-50 to 3745-56-59, 3745-56-70 to
			 3745-56-83, 3745-57-02 to 3745-57-17, and 3745-57-90 to 3745-57-93 of the
			 Administrative Code; and
(b)
			 Maintenance and monitoring of waste containment systems in accordance with the
			 requirements of rules
			 3745-54-90 to
			 3745-54-101,
			 3745-56-20 to
			 
										3745-56-32, 3745-56-50 to 3745-56-59, 3745-56-70 to
			 3745-56-83, 3745-57-02 to 3745-57-17, and 3745-57-90 to 3745-57-93 of the
			 Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-55 - Corrective Action, Closure, Post-Closure, and Financial Requirements › Section 3745-55-19 - Notice to local land authority

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 must 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 must identify the type, location, and
			 quantity of the hazardous wastes to the best of his knowledge and in accordance
			 with any records he has kept.
(B)
			 Within sixty days of certification of closure of the first hazardous waste
			 disposal unit and within sixty days of certification of closure of the last
			 hazardous waste disposal unit, the owner or operator must:
(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 in perpetuity notify
			 any potential purchaser of the property that:
(a) The land has been used to manage
			 hazardous wastes;
(b) Its use is
			 restricted under rules
			 3745-55-10
			 to
			 3745-55-20
			 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 other hazardous waste disposal unit of
			 the facility required by this rule and rule
			 3745-55-16 of the
			 Administrative Code have been filed with the local zoning authority or the
			 authority with jurisdiction over local land use and with the director.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-55 - Corrective Action, Closure, Post-Closure, and Financial Requirements › Section 3745-55-20 - Certification of completion of post-closure care

Current through all
			 regulations passed and filed through July 1, 2024
No later than sixty days after 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 (I) of
				rule
				3745-55-45
				of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-55 - Corrective Action, Closure, Post-Closure, and Financial Requirements › Section 3745-55-40 - Applicability- financial requirements

Current through all regulations
			 passed and filed through July 1, 2024
(A) The requirements of rules
			 3745-55-42,
			 3745-55-43,
			 and
			 3745-55-47
			 to
			 3745-55-51
			 of the Administrative Code apply to owners and operators of all hazardous waste
			 facilities, except as provided otherwise in this rule or rule
			 3745-54-01
			 of the Administrative Code.
(B) The
			 requirements of rules
			 3745-55-44
			 and
			 3745-55-45
			 of the Administrative Code apply only to owners and operators of:
(1) Disposal facilities;
(2) Piles, and surface impoundments from
			 which the owner or operator intends to remove the wastes at closure, to the
			 extent that rules
			 3745-55-44
			 and
			 3745-55-45
			 of the Administrative Code are made applicable to such facilities in rules
			 3745-56-28
			 and
			 3745-56-58
			 of the Administrative Code;
(3)
			 Tank systems that are required under rule
			 3745-55-97
			 of the Administrative Code to meet the requirements for landfills; and
(4) Containment buildings that are
			 required under rule
			 3745-205-102
			 of the Administrative Code to meet the requirements for landfills.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-55 - Corrective Action, Closure, Post-Closure, and Financial Requirements › Section 3745-55-41 - Definitions

Current through all regulations passed and filed through July 1,
			 2024
(A) When used in
			 rules
			 3745-55-40
			 to
			 3745-55-51
			 of the Administrative Code, the following terms have the FOLLOWING meanings:
(1) "Closure plan" means the plan for closure
			 prepared in accordance with the requirements of rule
			 3745-55-12
			 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
			 3745-55-42
			 of the Administrative Code.
(3)
			 "Current post-closure care estimate" means the most recent of the estimates
			 prepared in accordance with paragraphs (A), (B), and (C) of rule
			 3745-55-44
			 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 the
			 requirements of rules
			 3745-55-17
			 to
			 3745-55-20
			 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-55 - Corrective Action, Closure, Post-Closure, and Financial Requirements › Section 3745-55-42 - 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
			 3745-55-11
			 to
			 3745-55-15
			 of the Administrative Code and applicable closure requirements in rules
			 3745-55-78,
			 3745-55-97,
			 3745-56-28,
			 3745-56-58,
			 3745-56-80,
			 3745-57-10,
			 3745-57-51,
			 3745-57-91
			 to
			 3745-57-93, and
			 3745-205-102
			 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
			 3745-55-12
			 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 definition of
			 "parent corporation" in paragraph (A)(4) of rule
			 3745-55-41 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 with the sale of hazardous
			 wastes, or nonhazardous wastes if applicable under paragraph (D) of rule
			 3745-55-13
			 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
			 3745-55-13
			 of the Administrative Code, that might have economic value.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-55 - Corrective Action, Closure, Post-Closure, and Financial Requirements › Section 3745-55-44 - Cost estimate for post-closure care

Current through all regulations
			 passed and filed through July 1, 2024
(A) The owner or operator of a disposal
			 surface impoundment, disposal miscellaneous unit, land treatment unit, or
			 landfill unit, or of a surface impoundment or waste pile that is required under
			 rules
			 3745-56-28
			 and
			 3745-56-58
			 of the Administrative Code to prepare a contingent closure and post-closure
			 plan, 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 postclosure requirements in rules
			 3745-55-17
			 to
			 3745-55-20,
			 3745-56-28,
			 3745-56-58,
			 3745-56-80,
			 3745-57-10,
			 and
			 3745-57-93 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
			 definition of "parent corporation" in rule
			 3745-55-41 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 in rule
			 3745-55-17
			 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-55 - Corrective Action, Closure, Post-Closure, and Financial Requirements › Section 3745-55-46 - 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 both
				rules
				3745-55-43
				and
				3745-55-45
				of the Administrative Code. The amount of funds available through the mechanism
				shall 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 3745-55 - Corrective Action, Closure, Post-Closure, and Financial Requirements › Section 3745-55-47 - 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, the owner or operator shall provide an
			 originally signed duplicate of the insurance policy. An owner or operator of a
			 new facility shall submit the originally signed duplicate of the "Hazardous
			 Waste Facility Liability Endorsement" or the "Certificate of Liability
			 Insurance" to the director at least sixty days before the date on which
			 hazardous waste is first received for treatment, storage, or disposal. The
			 insurance shall be effective before this initial receipt of hazardous
			 waste.
(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 3745-55 - Corrective Action, Closure, Post-Closure, and Financial Requirements › Section 3745-55-48 - 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
			 (F) of rules
			 3745-55-43
			 and
			 3745-55-45
			 of the Administrative Code shall make such a notification if he is named as
			 debtor, as required under the terms of the corporate guarantee.
(B) An owner or operator who fulfills the
			 requirements of rule
			 3745-55-43,
			 3745-55-45
			 or
			 3745-55-47
			 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 issuing the surety bond, letter of credit, or insurance
			 policy to issue such instruments. The owner or operator shall establish other
			 financial assurance or liability coverage within sixty days after such an
			 event.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-55 - Corrective Action, Closure, Post-Closure, and Financial Requirements › Section 3745-55-51 - Wording of the instruments

Current through all regulations
			 passed and filed through July 1, 2024
(A)
(1) A
			 trust agreement for a trust fund as specified in paragraph (A) of rule
			 3745-55-43,
			 paragraph (A) of rule
			 3745-55-45,
			 paragraph (A) of rule
			 3745-66-43,
			 or paragraph (A) of rule
			 3745-66-45
			 of the Administrative Code must be worded as follows, except that instructions
			 in brackets are to be replaced with the relevant information and the brackets
			 deleted:
"Trust Agreement
Trust agreement. The "Agreement", entered into as of [date] by
				and between [name of the owner or operator], a [state] [corporation,
				partnership, association, proprietorship], the "Grantor", and [name of
				corporate trustee], ["incorporated in the State of____________" or "a national
				bank"], the "Trustee".
Whereas, the Ohio Environmental Protection Agency, "Ohio EPA",
				has established certain rules applicable to the Grantor, requiring that the
				owner or operator of a hazardous waste management facility shall provide
				assurance that funds will be available when needed for closure and/or
				post-closure care of the facility,
Whereas, the Grantor has elected to establish a trust to
				provide all or part of such financial assurance for the facilities identified
				herein.
Whereas, the Grantor, acting through its duly authorized
				officers, has selected the Trustee to be the trustee under this agreement, and
				the Trustee is willing to act as trustee,
Now, therefore, the Grantor and the Trustee agree as follows:
Section 1. Definitions. As used in
			 this Agreement:
(a) The term "Grantor" means
			 the owner or operator who enters into this Agreement and any successors or
			 assigns of the Grantor.
(b) The
			 term "Trustee" means the Trustee who enters into this Agreement and any
			 successor Trustee.
(c) The term
			 "director" means the director of the Ohio EPA, or his designee.