3745-34-61 Post closure.

(A) The owner or operator of a Class I hazardous waste injection well shall prepare, maintain, and comply with a plan approved by the director for post-closure care that meets the requirements of this rule and is in compliance with rule 3745-34-09 of the Administrative Code. The owner or operator shall implement the approved post closure plan upon termination of a permit or the cessation of injection activities. The requirement to maintain and implement the approved post-closure plan is enforceable irrespective of the permit.

(B) The owner or operator of a Class I hazardous waste injection well shall submit the post closure plan as part of the permit application and, upon approval by the director, such plan shall be a condition of any permit issued.

(C) The owner or operator of a Class I hazardous waste injection well shall submit any proposed significant revision to the post closure plan as appropriate over the life of the well, but no later than the date of the closure report required under rule 3745-34-59 of the Administrative Code.

(D) The post closure plan shall assure financial responsibility as required by rule 3745-34-62 of the Administrative Code.

(E) The post closure plan shall include the following information:

(1) The pressure in the injection zone before injection began; and

(2) The anticipated pressure in the injection zone at the time of closure; and

(3) The predicted time until pressure in the injection zone decays to the point that the well's cone of influence no longer intersects the base of the lowermost USDW; and

(4) Predicted position of the waste front at closure; and

(5) The status of any cleanups required under rule 3745-34-53 of the Administrative Code; and

(6) The estimated cost of proposed post-closure care.

(F) The owner or operator of a Class I hazardous waste injection well shall:

(1) Continue and complete any cleanup action required under rule 3745-34-53 of the Administrative Code if applicable; and

(2) Continue to conduct any ground water monitoring required under the permit until pressure in the injection zone decays to the point that the well's cone of influence no longer intersects the base of the lowermost USDW; and

(3) Submit a survey plat to the local zoning authority designated by the director and to the director, indicating the location of the well relative to permanently surveyed benchmarks; and

(4) Provide appropriate notification and information to such state and local authorities as have cognizance over drilling activities to enable such state and local authorities to impose appropriate conditions of subsequent drilling activities that may penetrate the well's confining or injection zone; and

(5) Retain, for a period of three years following well closure, records reflecting the nature, composition and volume of all injected fluids, which will be delivered to the director at the conclusion of the retention period, and the records shall thereafter be retained at a location designated by the director for that purpose.

(G) The director may extend the period of post-closure monitoring upon a finding that the well may endanger a USDW.

(H) Each owner of a Class I hazardous waste injection well, and the owner of the surface or subsurface property on or in which a Class I hazardous waste injection well is located, must record 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, provide any potential purchaser of the property with the following information:

(1) The fact that land has been used to manage hazardous waste; and

(2) The name of the state agency or local authority with which the plat was filed, as well as the address of the regional environmental protection agency office to which it was submitted; and

(3) The type and volume of waste injected, the injection interval or intervals into which it was injected, and the period over which injection occurred.

R.C. 119.032 review dates: 12/08/2009 and 12/08/2014

Promulgated Under: 119.03

Statutory Authority: RC 6111.043

Rule Amplifies: RC 6111.043

Prior Effective Dates: 12/16/91