(A) The owner or operator must prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons or livestock onto the active portion of the facility, unless he can satisfactorily demonstrate in the permit application that:
(1) Physical contact with the waste, structures, or equipment within the active portion of the facility will not injure livestock or unknowing or unauthorized persons which may enter the active portion of a facility; and
(2) Disturbance of the waste or equipment, by livestock or the unknowing or unauthorized entry of persons onto the active portion of a facility, will not cause a violation of the requirements of Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code.
(B) Unless the owner or operator has made a successful demonstration under paragraphs (A)(1) and (A)(2) of this rule, a facility must have:
(1) A twenty-four-hour surveillance system (e.g., television monitoring or surveillance by guards or facility personnel) which continuously monitors and controls entry onto the active portion of the facility; or
(a) An artificial or natural barrier (e.g., a fence in good repair or a fence combined with a cliff), which completely surrounds the active portion of the facility; and
(b) A means to control entry, at all times, through the gates or other entrances to the active portion of the facility (e.g., an attendant, television monitors, locked entrance, or controlled roadway access to the facility).
[Comment: The requirements of paragraph (B) of this rule are satisfied if the facility or plant within which the active portion is located itself has a surveillance system, or a barrier and a means to control entry, which complies with the requirements of paragraph (B)(1) or (B)(2) of this rule.]
(C) Unless the owner or operator has made a successful demonstration under paragraphs (A)(1) and (A)(2) of this rule, a sign with the legend, "Danger - Unauthorized Personnel keep Out," must be posted at each entrance to the active portion of a facility, and at other locations, in sufficient numbers to be seen from any approach in the active portion. The legend must be written in English and be legible from a distance of at least twenty-five feet. Existing signs with a legend other than "Danger - Unauthorized Personnel Keep Out" may be used if the legend on the sign indicates that only authorized personnel are allowed to enter the active portion, and that entry onto the active portion can be dangerous.
[Comment: See paragraph (B) of rule 3745-55-17 of the Administrative Code for discussion of security requirements at disposal facilities during the post-closure care period.]
Cite as Ohio Admin. Code 3745-54-14