(A) At closure, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components (pad, liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leakage, and manage them as hazardous waste.
(B) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in paragraph (a) of this rule, the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, he shall close the facility and perform post-closure care in accordance with closure and post-closure care requirements that apply to landfills (rule 3745-57-10 of the Administrative Code). For permitted units, the requirement to have a permit continues throughout the post-closure period. For the purpose of closure, post-closure, and financial responsibility, such a drip pad is then considered to be landfill, and the owner or operator shall meet all of the requirements for landfills specified in rules 3745-55-10 to 3745-55-20 and rules 3745-55-40 to 3745-55-51 of the Administrative Code.
(C)(1) The owner or operator of an existing drip pad, as defined in rule 3745-57-80 of the Administrative Code, that does not comply with the liner requirements of paragraph (b) (1) of rule 3745-57-83 of the Administrative Code shall:
(a) Include in the closure plan for the drip pad under rule 3745-55-12 of the Administrative Code both a plan for complying with paragraph (A) of this rule and a contingent plan for complying with paragraph (B) of this rule in case not all contaminated subsoils can be practicably removed at closure; and
(b) Prepare a contingent post-closure plan under rule 3745-55-18 of the Administrative Code for complying with paragraph (b) of this rule in case not all contaminated subsoils can be practicably removed at closure.
(2) The cost estimates calculated under rules and 3745-55-44 of the Administrative Code for closure and post-closure care of a drip pad subject to paragraphs (c) (1) to (c) (2) of this rule shall include the cost of complying with the contingent closure plan and the contingent post-closure plan, but are not required to include the cost of expected closure under paragraph (a) of this rule.
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
119.032 review date: Exempt
This rule is promulgated so that Ohio may administer a hazardous waste program as required by Section 6926 of the Resource Conservation and Recovery Act ( 42 U.S.C. Section 6901 ET SEQ.) and federal regulations promulgated thereunder ( 40 C.F.R. Part 271 )