(A) Each owner or operator of an active asbestos waste disposal site shall cause or permit no visible emissions to the outside air; or shall comply with the requirements of paragraph (B) of this rule.
(B) Rather than meet the no visible emissions requirement of paragraph (A) of this rule, each owner or operator of an active asbestos waste disposal site that receives waste that contains asbestos-containing material shall comply with the following:
(1) There shall be no visible emissions to the outside air from asbestos-containing waste materials during the on-site transportation, transfer, deposition or compacting operations.
(2) Deposition and burial operations shall be conducted in a manner which prevents handling by equipment or persons that causes asbestos-containing waste materials to be broken-up or dispersed before the materials are buried.
(3) As soon as practicable after deposition of the asbestos-containing waste materials but no later than at the end of each operating day, the asbestos-containing waste material deposited at the site during the operating day shall be covered with at least twelve inches of compacted nonasbestos-containing material. Alternatively, an owner or operator of an active waste disposal site may apply for approval of the director to utilize alternative control methods to bind dust, control wind erosion or convert asbestos to nonfriable forms.
(4) During the unloading, deposition, burial and initial compaction of asbestos-containing waste materials, the owner or operator of the active waste disposal site shall establish a restricted area adequate to deter the unauthorized entry of the general public and any unauthorized personnel from any location within one hundred feet of the operations; and
(5) Shall display the following information on a sign not less than twenty by fourteen inches, so that it is visible at all entrances and at intervals of three hundred feet or less along the property line or fencing immediately surrounding the restricted area using letter sizes and styles of a visibility at least equal to the following specifications: one inch sans serif, gothic or block in the first and second line; and at least three-fourths inches sans serif, gothic or block in the third line; and fourteen point gothic in the fourth line. Spacing between any two lines must be at least equal to the height of the upper of the two lines:
"ASBESTOS WASTE DISPOSAL SITE
DO NOT CREATE DUST
BREATHING ASBESTOS IS HAZARDOUS TO YOUR HEALTH"
(C) For all asbestos-containing waste material received, the owner or operator of the active waste disposal site shall:
(1) Maintain waste shipment records, in accordance with paragraph (E) of rule 3745-20-05 of the Administrative Code.
(2) Maintain until closure records of the location, depth, area, and quantity in cubic yards of asbestos-containing waste material within the disposal site on a map or diagram of the disposal area.
(3) Retain a copy of all other records and reports required by this chapter for at least two years.
(D) The owner or operator of the active waste disposal site shall furnish all records required under this rule upon request and make them available during normal business hours for inspection by the director or the director's representative.
(E) Upon closure of the facility, the owner or operator of the active waste disposal site shall comply with all the provisions of rule 3745-20-07 of the Administrative Code and shall submit a copy of the records of the asbestos waste disposal locations and quantities to the director.
(F) The owner or operator of the active waste disposal site shall notify the director in writing at least forty-five days prior to excavating or otherwise disturbing any asbestos-containing waste material that has been deposited at a waste disposal site and covered. If the excavation will begin on a date other than the one contained in the original notice, provide notice of the new start date to the director at least ten working days before excavation begins. In no event shall excavation begin earlier than the date specified in the original notification. Include the following information in the notice:
(1) Scheduled starting and completion dates.
(2) Reason for disturbing the waste.
(3) Procedures to be used to control emissions during the excavation, storage, transport, and ultimate disposal of the excavated asbestos-containing waste material. If deemed necessary, the director may require changes in the emission control procedures to be used.
(4) Location of any temporary storage site and the final disposal site.
R.C. 119.032 review dates: 11/30/2011 and 11/30/2016
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A), 3704.03(E)
Prior Effective Dates: 5/20/90, 11/18/02, 2/2/07