Rules 3745-256-100 to 3745-256-102 of the Administrative Code apply to owners or operators who store or treat hazardous waste in units designed and operated under rule 3745-256-101 of the Administrative Code. The owner or operator is not subject to the definition of"land disposal" in rule 3745-270-02 of the Administrative Code provided that the unit:
(A) Is a completely enclosed, self-supporting structure that is designed and constructed of man made materials of sufficient strength and thickness to support themselves, the waste contents, and any personnel and heavy equipment that operate within the unit; and to prevent failure due to the following: pressure gradients, settlement, compression, uplift, physical contact with the wastes to which they are exposed, climatic conditions, and the stresses of daily operation (including the movement of heavy equipment within the unit and contact of such equipment with containment walls);
(B) Has a primary barrier that is designed to be sufficiently durable to withstand the movement of personnel and handling equipment within the unit;
(C) If used to manage a hazardous waste containing free liquids (the presence of which is determined by the paint filter test, a visual examination, or other appropriate means), has:
(1) A primary barrier designed and constructed of materials to prevent migration of hazardous constituents into the barrier;
(2) A liquid collection system designed and constructed of materials to minimize the accumulation of liquid on the primary barrier; and
(3) A secondary containment system designed and constructed of materials to prevent migration of hazardous constituents into the barrier, with a leak detection and liquid collection system capable of detecting, collecting, and removing leaks of hazardous constituents at the earliest possible time, unless the unit has been granted a variance from the secondary containment system requirements under paragraph (B)(4) of rule 3745-256-101 of the Administrative Code.
(E) Is designed and operated to ensure containment and prevent the tracking of materials from the unit by personnel or equipment.