(A) A licensee shall dispose of licensed TENORM material in accordance with this rule. Licensed TENORM material shall be disposed of in one of the following manners:
(1) By transfer of the wastes for storage, treatment, or disposal at a facility licensed by the director, the applicable agency of another state, or the United States nuclear regulatory commission, or authorized by the United States department of energy for storage, treatment, or disposal of TENORM;
(2) By transfer of the wastes for storage, treatment, or disposal to a facility licensed by the director, the applicable agency of another state, or the United States nuclear regulatory commission for storage, treatment or disposal of low-level radioactive waste unless the disposal facility license prohibits disposal of TENORM;
(3) By disposal in an injection well approved in accordance with Chapter 3745-34 of the Administrative Code, or by transfer for disposal at an out-of-state injection well approved by the applicable governmental authority;
(4) By transfer for disposal in another state as otherwise approved by the applicable governmental authority and with written approval of the director; or
(5) In accordance with alternate methods authorized by the permitting agency for the disposal site upon application or upon the director's initiative, consistent with rule 3701:1-38-19 of the Administrative Code and, where applicable, the Clean Water Act ( 33 U.S.C.§ 1251 et. seq as amended, as published in the United States Code, 2006 edition), Safe Drinking Water Act ( 42 U.S.C. § 300f et. seq. as amended, as published in the United States Code, 2006 edition) and other requirements of the United States environmental protection agency for disposal of such wastes.
(C) Purposeful dilution of TENORM waste for the sole purpose of making the waste exempt from the disposal requirements shall not be performed without prior director approval. The criteria in rule 3701:1-38-19 of the Administrative Code shall be used by the director to determine whether or not to approve such a request. Dilution resulting from normal product processing is not considered purposeful dilution.
Cite as Ohio Admin. Code 3701:1-43-18