Chapter 3745-65 Interim Standards-General Provisions

(A) The purpose of Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative Code is to establish minimum standards which define the acceptable management of hazardous waste during the period of a permit by rule pursuant to paragraph (C) of rule 3745-50-40 of the Administrative Code until certification of final closure and Ohio EPA acceptance through written acknowledgment of the change in facility status, or, if the facility is subject to post-closure requirements, until post-closure responsibilities are fulfilled.

(B) The standards in Chapters 3745-65 to 3745-69 and 3745-256 and 3745-57-70 to 3745-57-75 of the Administrative Code apply to:

(1) Owners and operators of facilities that treat, store, or dispose of hazardous waste and are subject to the permit requirements under rules 3745-50-40 to 3745-50-235 of the Administrative Code, until final administrative disposition of their permit application is made pursuant to the “Part B” permit requirements. These standards apply to all treatment, storage, and disposal of hazardous waste at these facilities; and

(2) Owners and operators of facilities who have fully complied with the requirements of paragraph (C) of rule 3745-50-40 of the Administrative Code until final administrative disposition of their permit application is made pursuant to the “Part B” permit requirements. These standards apply to all treatment, storage and disposal of hazardous waste at these facilities.

(C) The requirements of Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative Code do not apply to:

(1) Reserved;

(2) Reserved;

(3) The owner or operator of a POTW which treats, stores, or disposes of hazardous waste;

[Comment: The owner or operator of a facility in paragraphs (C)(1) to (C)(3) of this rule is subject to the requirements of Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code to the extent they are included in a permit by rule granted to such a person under rule 3745-50-46 of the Administrative Code.]

(4) Reserved;

(5) Reserved;

(6) The owner or operator of a facility that manages recyclable materials described in paragraphs (A)(2), (A)(3), and (A)(4) of rule 3745-51-06 of the Administrative Code (except to the extent that the requirements are referred to in Chapter 3745-279 or rules 3745-266-20 to 3745-266-23, 3745-266-70, 3745-266-80, or 3745-266-100 to 3745-266-112 of the Administrative Code);

(7) A generator accumulating and/or conducting treatment of hazardous waste that is generated on-site in compliance with rule 3745-52-34 of the Administrative Code, except to the extent the requirements are included in rule 3745-52-34 of the Administrative Code;

(8) A farmer disposing of waste pesticides from his own use in compliance with rule 3745-52-70 of the Administrative Code;

(9) The owner or operator of a totally enclosed treatment facility, as defined in rule 3745-50-10 of the Administrative Code;

(10) The owner or operator of an elementary neutralization unit or a wastewater treatment unit as defined in rule 3745-50-10 of the Administrative Code, provided that if the owner or operator is diluting hazardous ignitable (D001) wastes (other than the D001 high TOC subcategory defined in rule 3745-270-40 of the Administrative Code in the table of treatment standards for hazardous wastes) or reactive (D003) waste, in order to remove the characteristic before land disposal, the owner or operator must comply with the requirements in paragraph (B) of rule 3745-65-17 of the Administrative Code;

(11)

(a) Except as provided in paragraph (C)(11)(b) of this rule, a person engaged in treatment or containment activities during the immediate response to any of the following situations:

(i) A discharge of a hazardous waste;

(ii) An imminent and substantial threat of a discharge of a hazardous waste;

(iii) A discharge of a material which, when discharged, becomes a hazardous waste;

(iv) An immediate threat to human health, public safety, property, or the environment, from the known or suspected presence of military munitions, other explosive material, or an explosive device, as determined by an explosives or munitions emergency response specialist as defined in rule 3745-50-10 of the Administrative Code.

(b) An owner or operator of a facility otherwise regulated by Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative Code must comply with rules 3745-65-30 to 3745-65-37 and 3745-65-50 to 3745-65-56 of the Administrative Code.

(c) Any person who is covered by paragraph (C)(11)(a) of this rule and who continues or initiates hazardous waste treatment or containment activities after the immediate response is over is subject to all applicable requirements of Chapters 3745-50, 3745-65 to 3745-69, and 3745-256 of the Administrative Code for those activities.

(d) In the case of an explosives or munitions emergency response, if a federal, state, or local official acting within the scope of his official responsibilities, or an explosives or munitions emergency response specialist, determines that immediate removal of the material or waste is necessary to protect human health or the environment, that official or specialist may authorize the removal of the material or waste by transporters who do not have a U.S. EPA identification number and without the preparation of a manifest. In the case of emergency responses involving military munitions, the responding explosives or munitions emergency response specialist’s organizational unit must retain records for three years identifying the dates of the response, the names of the responsible persons responding, the type and description of material addressed, and its disposition.

(12) A transporter storing manifested shipments of hazardous waste in containers meeting the requirements of rule 3745-52-30 of the Administrative Code at a transfer facility for a period of ten days or less;

(13) The addition of sorbent material to waste in a container (as defined in rule 3745-50-10 of the Administrative Code) or the addition of waste to the sorbent material in a container provided that these actions occur at the time waste is first placed in the containers, and rules 3745-66-71 and 3745-66-72 and paragraph (B) of rule 3745-65-17 of the Administrative Code are complied with.

(14) Universal waste handlers and universal waste transporters (as defined in rule 3745-50-10 of the Administrative Code) handling the wastes listed in paragraphs (C)(14)(a) to (C)(14)(d) of this rule. These handlers and transporters are subject to regulation under Chapter 3745-273 of the Administrative Code when handling the following universal wastes:

(a) Batteries as described in rule 3745-273-02 of the Administrative Code;

(b) Pesticides as described in rule 3745-273-03 of the Administrative Code;

(c) Thermostats as described in rule 3745-273-04 of the Administrative Code; and

(d) Lamps as described in rule 3745-273-05 of the Administrative Code.

(D) Hazardous waste having EPA hazardous waste number F020, F021, F022, F023, F026, or F027 must not be managed at facilities subject to regulation under Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative Code unless:

(1) The wastewater treatment sludge is generated in a surface impoundment as part of the plant’s wastewater treatment system;

(2) The waste is stored in tanks or containers;

(3) The waste is stored or treated in waste piles that meet the requirements of paragraph (C) of rule 3745-56-50 of the Administrative Code as well as all other applicable requirements of rules 3745-67-50 to 3745-67-60 of the Administrative Code;

(4) The waste is burned in incinerators that are certified pursuant to the standards in rule 3745-68-52 of the Administrative Code; or

(5) The waste is burned in facilities that thermally treat the waste in a device other than an incinerator and that are certified pursuant to the standards and procedures in rule 3745-68-83 of the Administrative Code.

(E) The requirements of Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative Code apply to the owners or operators of all facilities which treat, store, or dispose of hazardous waste referred to in Chapter 3745-270 of the Administrative Code, and the standards in Chapter 3745-270 of the Administrative Code are considered material conditions or requirements in Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative Code.

(F) Rule 3745-266-205 of the Administrative Code identifies when the requirements of Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative Code apply to the storage of military munitions classified as waste under rule 3745-266-202 of the Administrative Code. The treatment and disposal of hazardous waste military munitions are subject to the applicable permitting, procedural, and technical standards in Chapters 3745-50, 3745-51, 3745-52, 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266, and 3745-270 of the Administrative Code.

Effective: 02/16/2009

R.C. 119.032 review dates: 09/02/2008 and 08/25/2012

Promulgated Under: 119.03

Statutory Authority: 3734.12

Rule Amplifies: 3734.12

Prior Effective Dates: 04/15/1981, 01/07/1983, 11/29/1983, 05/29/1985 (Emer.), 08/29/1985, 01/30/1986, 11/17/1988 (Emer.), 02/23/1989, 12/30/1989, 04/01/1990, 08/03/1990, 02/11/1992, 09/02/1997, 10/20/1998, 12/07/2000, 03/13/2002, 12/07/2004

Rules 3745-65-10 to 3745-65-19 of the Administrative Code apply to owners and operators of all hazardous waste facilities, except as rule 3745-65-01 of the Administrative Code provides otherwise.

HISTORY: Eff 4-15-81; 1-7-83; 12-7-04

Rule promulgated under: RC 119.03

Rule amplifies: RC 3734.1

Rule authorized by: RC 3734.12

R.C. 119.032 review dates: Exempt

Every facility owner or operator must apply to Ohio EPA for a U.S. EPA identification number. Notification forms for this purpose may be obtained from Ohio EPA.

HISTORY: Eff 5-29-85 (Emer.); 8-29-85; 2-11-92; 12-7-04

Rule promulgated under: RC 119.03

Rule amplifies: RC 3734.12

Rule authorized by: RC 3734.12

R.C. 119.032 review dates: 08/25/2007

(A)

(1) The owner or operator of a facility that has arranged to receive hazardous waste from a foreign source must notify the director in writing at least four weeks in advance of the date the waste is expected to arrive at the facility. Notice of subsequent shipments of the same waste from the same foreign source is not required.

(2) Reserved.

(B) Before transferring ownership or operation of a facility during its operating life, or of a disposal facility during the post-closure care period, the owner or operator must notify the new owner or operator in writing of the requirements of Chapters 3745-65 to 3745-69 and 3745-256 and rules 3745-50-40 to 3745-50-235 of the Administrative Code.

[Comment: An owner’s or operator’s failure to notify the new owner or operator of the requirements of Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative Code does not relieve the new owner or operator of his obligation to comply with all applicable requirements.]

Effective: 02/16/2009

R.C. 119.032 review dates: 08/06/2008 and 08/25/2012

Promulgated Under: 119.03

Statutory Authority: 3734.12

Rule Amplifies: 3734.12

Prior Effective Dates: 04/15/1981, 01/07/1983, 12/07/2000, 12/07/2004

(A)

(1) Before an owner or operator treats, stores, or disposes of any hazardous wastes, or nonhazardous wastes if applicable under paragraph (D) of rule 3745-66-13 of the Administrative Code, he must obtain a detailed chemical and physical analysis of a representative sample of the wastes. At a minimum, this analysis must contain all the information which must be known to treat, store, or dispose of the waste in accordance with the requirements of Chapters 3745-65 to 3745-69, 3745-256, and 3745-270 of the Administrative Code.

(2) The analysis may include data developed under Chapter 3745-51 of the Administrative Code, and existing published or documented data on the hazardous waste or on waste generated from similar processes.

[Comment: For example, the facility’s record of analyses performed on the waste before April 15, 1981, or studies conducted on hazardous waste generated from processes similar to that which generated the waste to be managed at the facility, may be included in the data base required to comply with paragraph (A)(1) of this rule. The owner or operator of an off-site facility may arrange for the generator of the hazardous waste to supply part of the information required by paragraph (A)(1) of this rule, except as otherwise specified in paragraphs (B) and (C) of rule 3745-270-07 of the Administrative Code. If the generator does not supply the information, and the owner or operator chooses to accept a hazardous waste, the owner or operator is responsible for obtaining the information required to comply with this rule.]

(3) The analysis must be repeated as necessary to ensure that it is accurate and up to date. At a minimum, the analysis must be repeated:

(a) When the owner or operator is notified, or has reason to believe, that the process or operation generating the hazardous waste or nonhazardous wastes, if applicable, under paragraph (D) of rule 3745-66-13 of the Administrative Code, has changed; and

(b) For off-site facilities, when the results of the inspection required in paragraph (A)(4) of this rule indicate that the hazardous waste received at the facility does not match the waste designated on the accompanying manifest or shipping paper.

(4) The owner or operator of an off-site facility must inspect and, if necessary, analyze each hazardous waste movement received at the facility to determine whether it matches the identity of the waste specified on the accompanying manifest or shipping paper.

(B) The owner or operator must develop and follow a written waste analysis plan which describes the procedures to be implemented in order to comply with paragraph (A) of this rule. He must keep this plan at the facility. At a minimum, the plan must specify:

(1) The parameters for which each hazardous waste, or nonhazardous wastes if applicable under paragraph (D) of rule 3745-66-13 of the Administrative Code, will be analyzed and the rationale for the selection of these parameters [i.e., how analysis for these parameters will provide sufficient information on the waste’s properties to comply with paragraph (A) of this rule];

(2) The test methods which will be used to test for these parameters;

(3) The sampling method which will be used to obtain a representative sample of the waste to be analyzed. A representative sample may be obtained using either:

(a) One of the sampling methods described in the appendix to rule 3745-51-20 of the Administrative Code; or

(b) An equivalent method, as such term is defined in rule 3745-50-10 of the Administrative Code.

(4) The frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis is accurate and up to date;

(5) For off-site facilities, the waste analyses that hazardous waste generators have agreed to supply; and

(6) Where applicable, the methods which will be used to meet the additional waste analysis requirements for specific waste management methods as specified in rules 3745-66-100, 3745-67-25, 3745-67-52, 3745-67-73, 3745-68-14, 3745-68-41, 3745-68-75, 3745-69-02, and 3745-270-07 of the Administrative Code;

(7) For surface impoundments exempted from land disposal restrictions under paragraph (A) of rule 3745-270-04 of the Administrative Code, the procedures and schedule for:

(a) The sampling of impoundment contents;

(b) The analysis of test data; and

(c) The annual removal of residues which are not delisted by U.S. EPA pursuant to 40 CFR 260.22 or which exhibit a characteristic of hazardous waste and either:

(i) Do not meet applicable treatment standards in rules 3745-270-40 to 3745-270-49 of the Administrative Code; or

(ii) Where no treatment standards have been established;

(a) Such residues are prohibited from land disposal under section 3004(d) of RCRA; or

(b) Reserved.

(8) Reserved.

(C) For off-site facilities, the waste analysis plan required in paragraph (B) of this rule must also specify the procedures which will be used to inspect and, if necessary, analyze each movement of hazardous waste received at the facility to ensure that it matches the identity of the waste designated on the accompanying manifest or shipping paper. At a minimum, the plan must describe:

(1) The procedures which will be used to determine the identity of each movement of waste managed at the facility; and

(2) The sampling method which will be used to obtain a representative sample of the waste to be identified, if the identification method includes sampling.

(3) The procedures that the owner or operator of an off-site landfill receiving containerized hazardous waste will use to determine whether a hazardous waste generator or treater has added a biodegradable sorbent to the waste in the container.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled “Incorporated by reference.”]

Effective: 02/16/2009

R.C. 119.032 review dates: 08/06/2008 and 08/25/2012

Promulgated Under: 119.03

Statutory Authority: 3734.12

Rule Amplifies: 3734.12

Prior Effective Dates: 04/15/1981, 01/07/1983, 01/30/1986, 12/08/1988, 12/30/1989, 02/11/1992, 09/02/1997, 12/07/2000, 12/07/2004

(A) The owner or operator of a facility 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:

(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 the unknowing or unauthorized entry of persons or livestock onto the active portion of a facility, will not cause a violation of the requirements of Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative Code.

(B) Unless exempt 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

(2) (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 exempt 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 to this active portion. The legend must 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 3745-66-17 of the Administrative Code for discussion of security requirements at disposal facilities during the post-closure care period.]

HISTORY: Eff 4-15-81; 1-7-83; 12-7-00; 12-7-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3734.12

Rule amplifies: RC 3734.12

R.C. 119.032 review dates: Exempt

(A) The owner or operator must inspect the facility for malfunctions and deterioration, operator errors, and discharges which may be causing or may lead to:

(1) Release of hazardous waste constituents to the environment; or

(2) A threat to human health. The owner or operator must conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment.

(B) (1) The owner or operator must develop and follow a written schedule for inspecting all monitoring equipment, safety and emergency equipment, security devices, and operating and structural equipment (such as dikes and sump pumps) that are important to preventing, detecting, or responding to environmental or human health hazards.

(2) The owner or operator must keep this schedule at the facility.

(3) The schedule must identify the types of problems (e.g., malfunctions or deterioration) which are to be looked for during the inspection (e.g., inoperative sump pump, leaking fitting, eroding dike, etc.).

(4) The frequency of inspection may vary for the items on the schedule. However, the frequency of inspection should be based on the rate of deterioration of the equipment and the probability of an environmental or human health incident if the deterioration or malfunction or any operator error goes undetected between inspections. Areas subject to spills, such as loading and unloading areas, must be inspected daily when in use. At a minimum, the inspection schedule must include the items and frequencies set forth in rules 3745-66-74, 3745-66-93, 3745-66-95, 3745-67-26, 3745-67-60, 3745-67-78, 3745-68-04, 3745-68-47, 3745-68-77, and 3745-69-03 of the Administrative Code, where applicable.

(C) The owner or operator must remedy any deterioration or malfunction of equipment or structures which the inspection reveals. Such remedies must be on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action must be taken immediately.

(D) The owner or operator must record inspections in an inspection log or summary. He must keep these records for at least three years from the date of inspection. At a minimum, these records must include the date and time of the inspection, the name of the inspector, a notation of the observations made, and the date and nature of any repairs or other remedial actions.

HISTORY: Eff 4-15-81; 12-8-88; 4-1-90; 10-20-98; 3-13-02; 12-7-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3734.12

Rule amplifies: RC 3734.12.

R.C. 119.032 review dates: Exempt

(A) (1) Facility personnel must successfully complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in a way that ensures the facility’s compliance with the requirements of Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative Code. The owner or operator must ensure that this program includes all the elements described in the document required under paragraph (D)(3) of this rule.

(2) This program must be directed by a person trained in hazardous waste management procedures, and must include instruction which teaches facility personnel hazardous waste management procedures, including contingency plan implementation, relevant to the positions in which they are employed.

(3) At a minimum, the training program must be designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems, including, where applicable;

(a) Procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment;

(b) Key parameters for automatic waste feed cut-off systems;

(c) Communications or alarm systems;

(d) Response to fires or explosions;

(e) Response to ground water contamination incidents; and

(f) Shutdown of operations.

(B) Facility personnel must successfully complete the program required in paragraph (A) of this rule within six months after January 7, 1983 or six months after the date of their employment or assignment to a facility, or to a new position at a facility, whichever is later. Employees hired after January 7, 1983 must not work in unsupervised positions until they have completed the training requirements of paragraph (A) of this rule.

(C) Facility personnel must take part in an annual review of the initial training required in paragraph (A) of this rule.

(D) The owner or operator must maintain the following documents and records at the facility:

(1) The job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job;

(2) A written job description for each position listed under paragraph (D)(1) of this rule. This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but must include the requisite skill, education, or other qualifications, and duties of facility personnel assigned to each position;

(3) A written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed under paragraph (D)(1) of this rule; and

(4) Records that document that the training or job experience required under paragraph (A), (B), and (C) of this rule has been given to, and completed by, facility personnel.

(E) Training records on current personnel must be kept until closure of the facility.

Training records on former employees must be kept for at least three years from the date the employee last worked at the facility. Personnel training records may accompany personnel transferred within the same company.

HISTORY: Eff 4-15-81; 1-7-83; 12-7-00; 12-7-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3734.12

Rule amplifies: RC 3734.12

R.C. 119.032 review dates: Exempt

(A) The owner or operator must take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. This waste must be separated and protected from sources of ignition or reaction including, but not limited to: open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical, or mechanical), spontaneous ignition (e.g., from heat-producing chemical reactions), and radiant heat. While ignitable or reactive waste is being handled, the owner or operator must confine smoking and open flame to specially designated locations. “No Smoking” signs must be conspicuously placed wherever there is a hazard from ignitable or reactive waste.

(B) Where specifically authorized in Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative Code, the treatment, storage, or disposal of ignitable or reactive waste, and the mixture or commingling of incompatible wastes, or incompatible wastes and materials, must be conducted so that it does not:

(1) Generate extreme heat or pressure, fire or explosion, or violent reaction;

(2) Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health;

(3) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions;

(4) Damage the structural integrity of the device or facility containing the waste; or

(5) Through other like means threaten human health or the environment.

HISTORY: Eff 4-15-81; 1-7-83; 12-7-00; 12-7-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3734.12

Rule amplifies: RC 3734.12

R.C. 119.032 review dates: Exempt

The placement of any hazardous waste in a salt dome, salt bed formation, underground mine, or cave is prohibited.

HISTORY: Eff 12-30-89

Rule promulgated under: RC Chapter 119.

Rule amplifies: RC 3734.12

(A) CQA program.

(1) A CQA program is required for all surface impoundment, waste pile, and landfill units that are required to comply with rule 3745-67-54, paragraph (A) of rule 3745-67-21, and paragraph (A) of rule 3745-68-05 of the Administrative Code. The program must ensure that the constructed unit meets or exceeds all design criteria and specifications in the permit. The program must be developed and implemented under the direction of a CQA officer who is a registered professional engineer.

(2) The CQA program must address the following physical components, where applicable:

(a) Foundations;

(b) Dikes;

(c) Low-permeability soil liners;

(d) Geomembranes (flexible membrane liners);

(e) Leachate collection and removal systems and leak detection systems; and

(f) Final cover systems.

(B) Written CQA plan. Before construction begins on a unit subject to the CQA program under paragraph (A) of this rule, the owner or operator must develop a written CQA plan. The plan must identify steps that will be used to monitor and document the quality of materials and the condition and manner of their installation. The CQA plan must include:

(1) Identification of applicable units, and a description of how they will be constructed.

(2) Identification of key personnel in the development and implementation of the CQA plan, and CQA officer qualifications.

(3) A description of inspection and sampling activities for all unit components identified in paragraph (A)(2) of this rule, including observations and tests that will be used before, during, and after construction to ensure that the construction materials and the installed unit components meet the design specifications. The description must cover:

(a) Sampling size and locations;

(b) Frequency of testing;

(c) Data evaluation procedures;

(d) Acceptance and rejection criteria for construction materials;

(e) Plans for implementing corrective measures; and

(f) Data or other information to be recorded and retained in the operating record under rule 3745-65-73 of the Administrative Code.

(C) Contents of program.

(1) The CQA program must include observations, inspections, tests, and measurements sufficient to ensure:

(a) Structural stability and integrity of all components of the unit identified in paragraph (A)(2) of this rule;

(b) Proper construction of all components of the liners, leachate collection and removal system, leak detection system, and final cover system, according to permit specifications and good engineering practices, and proper installation of all components (e.g., pipes) according to design specifications;

(c) Conformity of all materials used with design and other material specifications under rules 3745-56-21, 3745-56-51, and 3745-57-03 of the Administrative Code.

(2) The CQA program must include test fills for compacted soil liners, using the same compaction methods as in the full-scale unit, to ensure that the liners are constructed to meet the hydraulic conductivity requirements of paragraph (C)(1) of rule 3745-56-21, paragraph (C)(1) of rule 3745-56-51, and paragraph (C)(1) of rule 3745-57-03 of the Administrative Code in the field.

Compliance with the hydraulic conductivity requirements must be verified by using in-situ testing on the constructed test fill. The test fill requirement is waived where data are sufficient to show that a constructed soil liner meets the hydraulic conductivity requirements of paragraph (C)(1) of rule 3745-56-21, paragraph (C)(1) of rule 3745-56-51, and paragraph (C)(1) of rule 3745-57-03 of the Administrative Code in the field.

(D) Certification. The owner or operator of units subject to this rule must submit to the director by certified mail or hand delivery, at least thirty days prior to receiving waste, a certification signed by the CQA officer that the CQA plan has been successfully carried out and that the unit meets the requirements of rule 3745-67-54, paragraph (A) of rule 3745-67-21, or paragraph (A) of rule 3745-68-05 of the Administrative Code. The owner or operator may receive waste in the unit after thirty days from the director’s receipt of the CQA certification unless the director determines in writing that the construction is not acceptable, or extends the review period for a maximum of thirty more days, or seeks additional information from the owner or operator during this period. Documentation supporting the CQA officer’s certification must be furnished to the director upon request.

HISTORY: Eff 12-7-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3734.12

Rule amplifies: RC 3734.12

R.C. 119.032 review dates: Exempt

Rules 3745-65-30 to 3745-65-37 of the Administrative Code apply to owners and operators of all hazardous waste facilities, except as rule 3745-65-01 of the Administrative Code provides otherwise.

HISTORY: Eff . 4-15-81; 1-7-83; 12-7-04

Rule promulgated under: RC 119.03

Rule amplifies: RC 3734.12

Rule authorized by: RC 3734.12

R.C. 119.032 review dates: Exempt

Facilities shall be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment.

HISTORY: Eff 4-15-81; 1-7-83

Rule promulgated under: RC Chapter 119.

Rule amplifies: RC 3734.12

All facilities shall be equipped with the following, unless none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below:

(A) An internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel;

(B) A device, such as a telephone (immediately available at the scene of operations) or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or local or Ohio EPA emergency response teams;

(C) Portable fire extinguishers, fire control equipment (including, but not limited to, special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, and decontamination equipment; and

(D) Water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems.

HISTORY: Eff 4-15-81; 1-7-83

Rule promulgated under: RC Chapter 119.

Rule amplifies: RC 3734.12

All facility communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained as necessary to assure its proper operation in time of emergency. The owner or operator must record the inspections in a log or summary.

Effective: 05/13/2007

R.C. 119.032 review dates: 12/14/2006 and 08/25/2011

Promulgated Under: 119.03

Statutory Authority: 3734.12

Rule Amplifies: 3734.12(D)(2), (D)(3), (D)(9)

Prior Effective Dates: 04/15/1981, 01/07/1983, 04/01/1990, 02/11/1992, 10/20/1998, 03/13/2002

(A) Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation shall have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless such a device is not required under rule 3745-65-32 of the Administrative Code.

(B) If there is only one employee on the premises while the facility is operating, such employee shall have immediate access to a device, such as a telephone, which is immediately available at the scene of operation, or a hand-held two-way radio, capable of summoning external emergency assistance, unless such a device is not required under rule 3745-65-32 of the Administrative Code.

HISTORY: Eff 4-15-81; 1-7-83

Rule promulgated under: RC Chapter 119.

Rule amplifies: RC 3734.12

The owner or operator shall maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless aisle space is not needed for any of the above-mentioned purposes.

HISTORY: Eff 4-15-81; 1-7-83

Rule promulgated under: RC Chapter 119.

Rule amplifies: RC 3734.12

(A) The owner or operator must attempt to make the following arrangements, as appropriate for the type of waste handled at the facility and the potential need for the services of these organizations:

(1) Arrangements to familiarize police, fire departments, and local and Ohio EPA emergency response teams with the layout of the facility, properties of hazardous waste handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to roads inside the facility, and possible evacuation routes;

(2) Where more than one police and fire department may respond to an emergency, agreements designating primary emergency authority to a specific police and a specific fire department, and agreements with any others to provide support to the primary emergency authority;

(3) Agreements with the Ohio EPA emergency response team, emergency response contractors, and equipment suppliers; and (4) Arrangements to familiarize local hospitals with the properties of hazardous waste handled at the facility and the types of injuries or illnesses which could result from fires, explosions, or releases of hazardous waste or hazardous waste [constituents] at the facility.

(B) Where local authorities decline to enter into such agreements or arrangements, the owner or operator must document such refusal in the operating record.

HISTORY: Eff 4-15-81; 1-7-83; 12-7-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3734.12

Rule amplifies: RC 3734.12

R.C. 119.032 review dates: Exempt

The requirements set forth in rules 3745-65-50 to 3745-65-69Rules 3745-65-50 to 3745-65-56 of the Administrative Code apply to owners and operators of all hazardous waste facilities, except as rule 3745-65-01 of the Administrative Code provides.

HISTORY: Eff 4-15-81; 1-7-83; 12-7-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3734.12

Rule amplifies: RC 3734.12

R.C. 119.032 review dates: Exempt

(A) Each owner or operator shall have a contingency plan for the facility. The contingency plan shall be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water.

(B) The provisions of the contingency plan shall be implemented immediately whenever there is a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.

HISTORY: Eff 4-15-81; 1-7-83

Rule promulgated under: RC Chapter 119.

Rule amplifies: RC 3734.12

(A) The contingency plan must describe the actions facility personnel must take to comply with rules 3745-65-51 and 3745-65-56 of the Administrative Code in response to fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water at the facility.

(B) If the owner or operator has already prepared a “Spill Prevention, Control, and Countermeasures Plan” in accordance with 40 CFR Part 112 or 40 CFR Part 1510, or some other emergency or contingency plan, he need only amend that plan to incorporate hazardous waste management provisions that are sufficient to comply with the requirements of Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative Code.

(C) The contingency plan must describe arrangements agreed to by local police departments, fire departments, hospitals, contractors, and Ohio EPA and local emergency response teams to coordinate emergency services, pursuant to rule 3745-65-37 of the Administrative Code.

(D) The plan must list names, addresses, and phone numbers (office and home) of all persons qualified to act as emergency coordinator (see rule 3745-65-55 of the Administrative Code), and this list must be kept up to date. Where more than one person is listed, one must be named as primary emergency coordinator and others must be listed in the order in which they will assume responsibility as alternates.

(E) The contingency plan must include a list of all emergency equipment at the facility [such as fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external), and decontamination equipment], where this equipment is required. This list must be kept up to date. In addition, the contingency plan must include the location and a physical description of each item on the list, and a brief outline of its capabilities.

(F) The contingency plan must include an evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. This plan must describe signal(s) to be used to begin evacuation, evacuation routes, and alternate evacuation routes (in cases where the primary routes could be blocked by releases of hazardous waste or fires).

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled “Incorporated by reference.”]

HISTORY: Eff 4-15-81; 1-7-83; 5-29-85 (Emer.); 8-29-85; 12-7-00; 12-7-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3734.12

Rule amplifies: RC 3734.12

R.C. 119.032 review dates: Exempt

A copy of the contingency plan and all revisions to the plan shall be:

(A) Maintained at the facility; and

(B) Submitted to all local police departments, fire departments, hospitals, and Ohio EPA and local emergency response teams, that may be requested to provide emergency services.

HISTORY: Eff 4-15-81; 1-7-83

Rule promulgated under: RC Chapter 119.

Rule amplifies: RC 3734.12

The contingency plan must be reviewed, and immediately amended, if necessary, whenever:

(A) Applicable rules are revised;

(B) The contingency plan fails in an emergency;

(C) The facility changes- in its design, construction, operation, maintenance, or other circumstances- in a way that materially increases the potential for fires, explosions, or releases of hazardous waste or hazardous waste constituents, or changes the response necessary in an emergency;

(D) The list of emergency coordinators changes; or

(E) The list of emergency equipment changes.

HISTORY: Eff 4-15-81; 1-7-83; 3-13-02

Rule promulgated under: RC Chapter 119.

Rule authorized by: RC 3734.12

Rule amplifies: RC 3734.12

119.032 review dates: 9/28/01, Exempt

At all times, there shall be at least one employee either on the facility premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for assuming coordination of all internal emergency response measures. This emergency coordinator shall be thoroughly familiar with all aspects of the facility’s contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person shall have the authority to commit the resources needed to implement the provisions of the contingency plan.

HISTORY: Eff 4-15-81; 1-7-83

Rule promulgated under: RC Chapter 119.

Rule amplifies: RC 3734.12

(A) Whenever there is an emergency situation consisting of imminent or actual harm or hazard to human health or the environment, the emergency coordinator (or his designee when the emergency coordinator is on call) must immediately:

(1) Activate internal facility alarms or communication systems, where applicable, to notify all facility personnel; and

(2) Notify the Ohio EPA emergency response team by use of its twenty-four hour toll free telephone number- 1-800-282-9378.

(B) Whenever there is a release, fire, or explosion, the emergency coordinator must immediately identify the character, exact source, amount, and areal extent of any released materials. The emergency coordinator may do this by observation or review of facility records or manifests and, if necessary, by chemical analysis.

(C) In addition to the requirements set forth in paragraphs (A) and (B) of this rule, the emergency coordinator must assess possible hazards to human health or the environment that may result from the release, fire, or explosion. This assessment must consider both direct and indirect effects of the release, fire, or explosion, and must include, but not be limited to, the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any hazardous surface water run-offs from water or chemical agents used to control fire and heat-induced explosions.

(D) If the emergency coordinator determines that the facility has had a release, fire, or explosion which could threaten human health, or the environment, outside the facility, he must report his findings as follows:

(1) If his assessment indicates that evacuation of local areas may be advisable, he must immediately notify appropriate local authorities. The emergency coordinator must be available to help appropriate officials decide whether local areas should be evacuated; and

(2) The emergency coordinator must immediately notify the Ohio EPA emergency response team by use of its twenty-four hour toll free telephone number-1-800-282-9378 and provide the following information:

(a) Name and telephone number of reporter;

(b) Name and address of facility;

(c) Time and type of incident (e.g., release, fire);

(d) Name and quantity of material(s) involved, to the extent known;

(e) The extent of injuries, if any; and

(f) The possible hazards to human health, or the environment, outside the facility.

(E) During an emergency, the emergency coordinator must take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other hazardous waste at the facility. These measures must include, where applicable, stopping processes and operations, collecting and containing released waste, and removing or isolating containers.

(F) If the facility stops operations in response to a fire, explosion, or release, the emergency coordinator must monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate.

(G) Immediately after an emergency, the emergency coordinator must provide for treating, storing, or disposing of recovered waste, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility.

[Comment: Unless the owner or operator can demonstrate, in accordance with paragraph (C) or (D) of rule 3745-51-03 of the Administrative Code, that the recovered material is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and must manage such waste in accordance with all applicable requirements of Chapters 3745-52, 3745-53, 3745-65 to 3745-69, and 3745-256 of the Administrative Code.]

(H) The emergency coordinator must ensure that, in the affected area(s) of the facility:

(1) No waste that may be incompatible with the released material is treated, stored, or disposed of until cleanup procedures are completed; and

(2) All emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.

(I) The owner or operator must notify the director and appropriate local authorities that the facility is in compliance with paragraph (H) of this rule before operations are resumed in the affected area(s) of the facility.

(J) The owner or operator must note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within fifteen days after the incident, the owner or operator must submit a written report on the incident to the director. The report must include:

(1) Name, address, and telephone number of the owner or operator;

(2) Name, address, and telephone number of the facility;

(3) Date, time, and type of incident (e.g., fire, explosion);

(4) Name and quantity of material(s) involved;

(5) The extent of injuries, if any;

(6) An assessment of actual or potential hazards to human health or the environment, where this is applicable; and

(7) Estimated quantity and disposition of recovered material that resulted from the incident.

HISTORY: Eff 4-15-81; 1-7-83; 12-7-00; 3-13-02; 12-7-04

Rule promulgated under: RC 119.03.

Rule authorized by: RC 3734.12

Rule amplifies: RC 3734.12

R.C. 119.032 review dates: 12/02/2003 and 08/25/2009

(A) Rules 3745-65-70 to 3745-65-77 of the Administrative Code apply to owners and operators of both on-site and off-site facilities, except as rule 3745-65-01 of the Administrative Code provides otherwise. Rules 3745-65-71, 3745-65-72, and 3745-65-76 of the Administrative Code do not apply to owners and operators of on-site facilities that do not receive any hazardous waste from off-site sources, and to owners and operators of off-site facilities with respect to waste military munitions exempted from manifest requirements under paragraph (A) of rule 3745-266-203 of the Administrative Code.

(B) Reserved.

Effective: 02/16/2009

R.C. 119.032 review dates: 08/06/2008 and 08/25/2012

Promulgated Under: 119.03

Statutory Authority: 3734.12

Rule Amplifies: 3734.12

Prior Effective Dates: 04/15/1981, 01/07/1983, 12/07/2004

(A)

(1) If a facility receives hazardous waste accompanied by a manifest, the owner or operator, or his agent, must sign and date the manifest as indicated in paragraph (A)(2) of this rule to certify that the hazardous waste covered by the manifest was received, that the hazardous waste was received except as noted in the “Discrepancy” block of the manifest, or that the hazardous waste was rejected as noted in the “Manifest Discrepancy” block.

(2) If a facility receives hazardous waste accompanied by a manifest, the owner or operator, or his agent, must:

(a) Sign and date, by hand, each copy of the manifest;

(b) Note any significant discrepancies [as defined in paragraph (A) of rule 3745-65-72 of the Administrative Code] on each copy of the manifest;

[Comment: It is not the intent of Ohio EPA that the owner or operator of a facility whose procedures under paragraph (C) of rule 3745-65-13 of the Administrative Code include waste analysis must perform that analysis before signing the manifest and giving it to the transporter. Paragraph (B) of rule 3745-65-72 of the Administrative Code, however, requires reporting an unreconciled discrepancy discovered during later analysis.]

(c) Immediately give the transporter at least one copy of the manifest;

(d) Within thirty days after the delivery, send a copy of the manifest to the generator; and

(e) Retain at the facility a copy of each manifest for at least three years from the date of delivery.

(B) If a facility receives, from a rail or water (bulk shipment) transporter, hazardous waste which is accompanied by a shipping paper containing all the information required on the manifest (excluding the U.S. EPA identification numbers, generator’s certification, and signatures), the owner or operator, or his agent, must:

(1) Sign and date each copy of the manifest or shipping paper (if the manifest has not been received) to certify that the hazardous waste covered by the manifest or shipping paper was received;

(2) Note any significant discrepancies [as such term is defined in paragraph (A) of rule 3745-65-72 of the Administrative Code] in the manifest or shipping paper, (if the manifest has not been received) on each copy of the manifest or shipping paper;

[Comment: It is not the intent of Ohio EPA that the owner or operator of a facility whose procedures under paragraph (C) of rule 3745-65-13 of the Administrative Code include waste analysis must perform that analysis before signing the shipping paper and giving it to the transporter. Paragraph (B) of rule 3745-65-72 of the Administrative Code, however, requires reporting an unreconciled discrepancy discovered during later analysis.]

(3) Immediately give the rail or water (bulk management) transporter at least one copy of the manifest or shipping paper (if the manifest has not been received);

(4) Within thirty days after the delivery, send a copy of the signed and dated manifest or a signed and dated copy of the shipping paper (if the manifest has not been received within thirty days after delivery) to the generator; and

[Comment: Paragraph (C) of rule 3745-52-23 of the Administrative Code requires the generator to send three copies of the manifest to the facility when hazardous waste is sent by rail or water (bulk shipment).]

(5) Retain at the facility a copy of the manifest and shipping paper (if signed in lieu of the manifest at the time of delivery) for at least three years from the date of delivery.

(C) Whenever a shipment of hazardous waste is initiated from a facility, the owner or operator of that facility must comply with the requirements of Chapter 3745-52 of the Administrative Code.

[Comment: The provisions of rule 3745-52-34 of the Administrative Code are applicable to the on-site accumulation of hazardous wastes by generators. Therefore, the provisions of rule 3745-52-34 of the Administrative Code only apply to owners or operators who are shipping hazardous waste which they generated at that facility.]

(D) Reserved.

(E) A facility must determine whether the consignment state for a shipment regulates any additional wastes (beyond those regulated by U.S. EPA) as hazardous wastes under its state hazardous waste program. Facilities must also determine whether the consignment state or generator state requires the facility to submit any copies of the manifest to these states.

Replaces: 3745-65-71

Effective: 02/16/2009

R.C. 119.032 review dates: 08/25/2012

Promulgated Under: 119.03

Statutory Authority: 3734.12

Rule Amplifies: 3734.12

Prior Effective Dates: 04/15/1981, 01/07/1983, 12/07/2004

(A) Manifest discrepancies are:

(1) Significant differences [as defined by paragraph (B) of this rule] etween he quantity or type of hazardous waste designated on the manifest or shipping aper, nd the quantity and type of hazardous waste a facility actually receives;

(2) Rejected wastes, which may be a full or partial shipment of hazardous aste that the treatment, storage, or disposal facility cannot accept; or

(3) Container residues, which are residues that exceed the quantity limits or empty” containers set forth in paragraph (B) of rule 3745-51-07 of the dministrative Code.

(B) Significant differences in quantity are: For bulk waste, variations reater than ten per cent in weight; for batch waste, any variation in piece count, uch as a discrepancy of one drum in a truckload. Significant differences in type re bvious differences which can be discovered by inspection or waste analysis, such as aste solvent substituted for waste acid, or toxic constituents not reported on the anifest or shipping paper.

(C) Upon discovering a significant difference in quantity or type, the owner r operator must attempt to reconcile the discrepancy with the waste generator or ransporter e.g., with telephone conversations). If the discrepancy is not resolved ithin fifteen days after receiving the waste, the owner or operator must mmediately ubmit to the director a letter describing the discrepancy and attempts to reconcile t, and a copy of the manifest or shipping paper at issue.

(D)

(1) Upon rejecting waste or identifying a container residue that exceeds the uantity limits for “empty” containers set forth in paragraph (B) of rule 3745-51-07 f the Administrative Code, the owner or operator must consult with the generator rior to forwarding the waste to another facility that can manage the waste. If it s mpossible to locate an alternative facility that can receive the waste, the owner r perator may return the rejected waste or residue to the generator. The owner or perator must send the waste to the alternative facility or to the generator within ixty days of the rejection or the container residue identification.

(2) While the owner or operator is making arrangements for forwarding ejected astes or residues to another facility under this rule, he must ensure that either he delivering transporter retains custody of the waste, or the owner or operator ust provide for secure, temporary custody of the waste, pending delivery of the aste to the first transporter designated on the manifest prepared under paragraph E) or (F) of this rule.

(E) Except as provided in paragraph (E)(7) of this rule, for full or partial oad rejections and residues that are to be sent off-site to an alternate facility, he facility is required to prepare a new manifest in accordance with paragraph (A) f rule 3745-52-20 of the Administrative Code and the following instructions:

(1) Write the generator’s U.S. EPA identification number in item 1 of the new anifest. Write the generator’s name and mailing address in item 5 of the new anifest. If the mailing address is different from the generator’s site address, hen rite the generator’s site address in the designated space in item 5.

(2) Write the name of the alternate designated facility and the facility’s .S. EPA identification number in the “Designated Facility” block (item 8) of the ew anifest.

(3) Copy the manifest tracking number found in item 4 of the old manifest to he Special Handling and Additional Information” block of the new manifest, and ndicate that the shipment is a residue or rejected waste from the previous hipment.

(4) Copy the manifest tracking number found in item 4 of the new manifest to he manifest reference number line in the “Discrepancy” block of the old manifest item 18a).

(5) Write the U.S.department of transportation description for the rejected oad or the residue in item 9 (“U.S. DOT Description”) of the new manifest and write he container types, quantity, and volume(s) of waste.

(6) Sign the generator’s/offeror’s certification to certify, as the offeror f he shipment, that the waste has been properly packaged, marked, and labeled, and is n proper condition for transportation.

(7) For full load rejections that are made while the transporter remains resent at the facility, the facility may forward the rejected shipment to the lternate facility by completing item 18b of the original manifest and supplying the nformation on the next destination facility in the “Alternate Facility” block. The acility must retain a copy of this manifest for its records, and then give the emaining copies of the manifest to the transporter to accompany the shipment. If he riginal manifest is not used, then the facility must use a new manifest and comply ith paragraphs (E)(1) to (E)(6) of this rule.

(F) Except as provided in paragraph (F)(7) of this rule, for rejected wastes nd residues that must be sent back to the generator, the facility is required to repare a new manifest in accordance with paragraph (A) of rule 3745-52-20 of the dministrative Code and the following instructions:

(1) Write the facility’s U.S. EPA identification number in item 1 of the new anifest. Write the generator’s name and mailing address in item 5 of the new anifest. If the mailing address is different from the generator’s site address, hen rite the generator’s site address in the designated space for item 5.

(2) Write the name of the initial generator and the generator’s U.S. EPA dentification number in the “Designated Facility” block (item 8) of the new anifest.

(3) Copy the manifest tracking number found in item 4 of the old manifest to he Special Handling and Additional Information” block of the new manifest, and ndicate that the shipment is a residue or rejected waste from the previous hipment,

(4) Copy the manifest tracking number found in item 4 of the new manifest to he manifest reference number line in the “Discrepancy” block of the old manifest item 18a),

(5) Write the U.S. department of transportation description for the rejected oad or the residue in item 9 (“U.S. DOT Description”) of the new manifest and write he container types, quantity, and volume(s) of waste.

(6) Sign the generator’s/offeror’s certification to certify, as offeror of he hipment, that the waste has been properly packaged, marked, and labeled, and is in roper condition for transportation,

(7) For full load rejections that are made while the transporter remains at he facility, the facility may return the shipment to the generator with the riginal anifest by completing item 18b of the manifest and supplying the generator’s nformation in the “Alternate Facility” block. The facility must retain a copy for ts records and then give the remaining copies of the manifest to the transporter to ccompany the shipment. If the original manifest is not used, then the facility must se a new manifest and comply with paragraphs (F)(1) to (F)(6) of this rule.

(G) If a facility rejects a waste or identifies a container residue that xceeds the quantity limits for empty containers set forth in paragraph (B) of rule 745-51-07 of the Administrative Code after it has signed, dated, and returned a opy f the manifest to the delivering transporter or to the generator, the facility must mend its copy of the manifest to indicate the rejected wastes or residues in the Discrepancy” block of the amended manifest. The facility must also copy the anifest racking number from item 4 of the new manifest to the “Discrepancy” block of the mended manifest, and must re-sign and date the manifest to certify to the nformation as amended. The facility must retain the amended manifest for at least hree years from the date of amendment, and must within thirty days, send a copy of he amended manifest to the transporter and generator that received copies prior to heir being amended.

[Comment: For dates of non-regulatory government publications, publications of ecognized organizations and associations, federal rules, and federal statutory rovisions referenced in this rule, see rule 3745-50-11 of the Administrative Code itled “Incorporated by reference.”]

Replaces: 3745-65-72

Effective: 02/16/2009

R.C. 119.032 review dates: Exempt

Promulgated Under: 119.03

Statutory Authority: 3734.12

Rule Amplifies: 3734.12

Prior Effective Dates: 04/15/1981, 01/07/1983

(A) The owner or operator shall keep a written operating record at the facility.

(B) The following information shall be recorded, as it becomes available, and maintained in the operating record until closure of the facility:

(1) A description and the quantity of each hazardous waste received, and the method(s) and date(s) of its treatment, storage, or disposal at the facility as required by the appendix to this rule;

(2) The location of each hazardous waste within the facility and the quantity at each location. For disposal facilities, the location and quantity of each hazardous waste shall be recorded on a map or diagram of each cell or disposal area. For all facilities, this information shall include cross-references to specific manifest document numbers, if the waste was accompanied by a manifest;

[Comment: See rules 3745-66-19, 3745-67-79, and 3745-68-09 of the Administrative Code for related requirements.]

(3) Records and results of waste analyses and trial tests performed as specified in paragraph (A) of rule 3745-270-04 and rules 3745-270-07, 3745-65-13, 3745-66-93, 3745-67-25, 3745-67-52, 3745-67-73, 3745-68-14, 3745-68-41, 3745-68-75, and 3745-69-02 of the Administrative Code;

(4) Summary reports and details of all incidents that require implementing the contingency plan as specified in paragraph (J) of rule 3745-65-56 of the Administrative Code;

(5) Records and results of inspections as required by paragraph (D) of rule 3745-65-15 of the Administrative Code (except this data need be kept only three years);

(6) Monitoring, testing, or analytical data where required by rules 3745-65-90, 3745-65-94, 3745-66-91, 3745-66-93, 3745-66-95, 3745-67-76, 3745-67-78, 3745-68-47, and 3745-68-77 of the Administrative Code and paragraph (D)(1) of rule 3745-67-80 of the Administrative Code;

[Comment: As required by rule 3745-65-94 of the Administrative Code, monitoring data at disposal facilities shall be kept throughout the post-closure period.]

(7) All closure cost estimates under rule 3745-66-42 of the Administrative Code and for disposal facilities all post-closure cost estimates under rule 3745-66-44 of the Administrative Code;

(8) Records of the quantities (and date of placement) for each shipment of hazardous waste placed in land disposal units under an extension to the effective date of any land disposal restriction granted pursuant to rule 3745-270-05 of the Administrative Code, monitoring data required pursuant to a petition under rule 3745-270-06 of the Administrative Code, and the applicable notice required by a generator under paragraph (A) of rule 3745-270-07 of the Administrative Code.

(9) For an off-site treatment facility, a copy of the notice required by the generator or the owner or operator under rule 3745-270-07 of the Administrative Code;

(10) For an on-site treatment facility, the information contained in the notice (except the manifest number) required by the generator or the owner or operator under rule 3745-270-07 of the Administrative Code;

(11) For an off-site land disposal facility, a copy of the notice required by the generator or the owner or operator of a treatment facility under rule 3745-270-07 of the Administrative Code;

(12) For an on-site land disposal facility, the information contained in the notice (except the manifest number) required by the generator or the owner or operator of a treatment facility under rule 3745-270-07 of the Administrative Code.

(13) For an off-site storage facility, a copy of the notice required by the generator or the owner or operator under rule 3745-270-07 of the Administrative Code; and

(14) For an on-site storage facility, the information contained in the notice (except the manifest number) required by the generator or the owner or operator of a treatment facility under rule 3745-270-07 of the Administrative Code.

Appendix to rule 3745-65-73 of the Administrative Code Recordkeeping Instructions

The recordkeeping provisions of rule 3745-65-73 of the Administrative Code specify that an owner or operator must keep a written operating record at his facility. This Appendix provides additional instructions for keeping portions of the operating record. See paragraph (B) of rule 3745-54-73 of the Administrative Code for additional recordkeeping requirements.

The following information must be recorded, as it becomes available, and maintained in the operating record until closure of the facility in the following manner: Records of each hazardous waste received, treated, stored, or disposed of at the facility which include the following:

(1) A description by its common name and the EPA hazardous waste number(s) from Chapter 3745-51 of the Administrative Code which apply to the waste. The waste description also must include the waste’s physical form, i.e., liquid, sludge, solid, or contained gas. If the waste is not listed as a hazardous waste in rules 3745-51-30 to 3745- 51-35 of the Administrative Code, the description also must include the process that produced it (for example, solid filter cake from production of — — , EPA hazardous waste number W051).

Each hazardous waste listed in rules 3745-51-30 to 3745-51-35 of the Administrative Code and each hazardous waste characteristic defined in rules 3745-51-20 to 3745-51-24 of the Administrative Code, has a four-digit EPA hazardous waste number assigned to it. This number must be used for recordkeeping and reporting purposes. Where a hazardous waste contains more than one listed hazardous waste, or where more than one hazardous waste characteristic applies to the waste, the waste description must include all applicable EPA hazardous waste numbers.

Table 1

Unit of measure Code 1

Gallons G

Gallons per hour E

Gallons per day U

Liters L

Liters per hour H

Liters per day V

Short tons per hour D

Metric tons per hour W

Short tons per day N

Metric tons per day S

Pounds per hour J

Kilograms per hour R

Cubic yards Y

Cubic meters C

Acres B

Acre-feet A

Hectares Q

Hectare-meter F

Btu’s per hour I

1 Single digit symbols are used here for data processing purposes.

(2) The estimated or manifest-reported weight, or volume and density, where applicable, in one of the units of measure specified in Table 1;

(3) The method(s) [by handling code(s) as specified in Table 2] and date(s) of treatment, storage, or disposal.

TABLE 2 Handling Codes for Treatment, Storage, and Disposal Methods

Enter the handling code(s) listed below that most closely represents the technique(s) used at the facility to treat, store, or dispose of each quantity of hazardous waste received.

1. Storage

S01 Container (barrel, drum, etc.)

S02 Tank

S03 Waste pile

S04 Surface impoundment

S05 Other (specify)

S06 Containment building (storage)

S99 Other storage (specify )

2. Treatment

(a) Thermal Treatment

T06 Liquid injection incinerator

T07 Rotary kiln incinerator

T08 Fluidized bed incinerator

T09 Multiple hearth incinerator

T10 Infrared furnace incinerator

T11 Molten salt destructor

T12 Pyrolysis

T13 Wet Air oxidation

T14 Calcination

T15 Microwave discharge

T18 Other (specify)

(b) Chemical Treatment

T19 Absorption mound

T20 Absorption field

T21 Chemical fixation

T22 Chemical oxidation

T23 Chemical precipitation

T24 Chemical reduction

T25 Chlorination

T26 Chlorinolysis

T27 Cyanide destruction

T28 Degradation

T29 Detoxification

T30 Ion exchange

T31 Neutralization

T32 Ozonation

T33 Photolysis

T34 Other (specify)

(c) Physical Treatment

(1) Separation of components

T35 Centrifugation

T36 Clarification

T37 Coagulation

T38 Decanting

T39 Encapsulation

T40 Filtration

T41 Flocculation

T42 Flotation

T43 Foaming

T44 Sedimentation

T45 Thickening

T46 Ultrafiltration

T47 Other (specify)

(2) Removal of Specific Components

T48 Absorption-molecular sieve

T49 Activated carbon

T50 Blending

T51 Catalysis

T52 Crystallization

T53 Dialysis

T54 Distillation

T55 Electrodialysis

T56 Electrolysis

T57 Evaporation

T58 High gradient magnetic separation

T59 Leaching

T60 Liquid ion exchange

T61 Liquid-liquid extraction

T62 Reverse osmosis

T63 Solvent recovery

T64 Stripping

T65 Sand filter

T66 Other (specify)

(d) Biological Treatment

T67 Activated sludge

T68 Aerobic lagoon

T69 Aerobic tank

T70 Anaerobc lagoon

T71 Composting

T72 Septic tank

T73 Spray irrigation

T74 Thickening filter

T75 Tricking filter

T76 Waste stabilization pond

T77 Other (specify)

T78 [Reserved]

T79 [Reserved]

(e) Boilers and Industrial Furnaces

T80 Boiler

T81 Cement kiln

T82 Lime kiln

T83 Aggregate kiln

T84 Phosphate kiln

T85 Coke oven

T86 Blast furnace

T87 Smelting, melting, or refining furnace

T88 Titanium dioxide chloride process oxidation reactor

T89 Methane reforming furnace

T90 Pulping liquor recovery furnace

T91 Combustion device used in the recovery of sulfur values from spent sulfuric acid

T92 Halogen acid furnaces

T93 Other industrial furnaces listed in rule 3745-50-10 of the Administrative Code (specify)

(f) Other treatment

T94 Containment building (treatment)

3. Disposal

D79 Underground injection

D80 Landfill

D81 Land treatment

D82 Ocean disposal

D83 Surface impoundment (to be closed as a landfill)

D99 Other disposal (specify)

4. Miscellaneous (Subpart X)

X01 Open burning/Open detonation

X02 Mechanical processing

X03 Thermal unit

X04 Geologic repository

X99 Other Subpart X (specify) 3745-66-43 Financial assurance for facility closure.

An owner or operator of each facility must establish financial assurance for closure of the facility. He must choose from among the following options:

(A) Closure trust fund.

(1) An owner or operator may satisfy the requirements of this rule by establishing a closure trust fund which conforms to the requirements of paragraphs (A) to (A)(11)(b) of this rule and by sending an originally signed duplicate of the trust agreement to the director by certified mail. The trustee must be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a federal or state of Ohio agency.

(2) The wording of the trust agreement must be identical to the wording specified in paragraph (A)(1) of rule 3745-55-51 of the Administrative Code and the trust agreement must be accompanied by a formal certification of acknowledgement [for an example, see paragraph (A)(2) of rule 3745-55-51 of the Administrative Code.] “Schedule A” of the trust agreement must be updated within sixty days after a change in the amount of the current closure cost estimate covered by the agreement.

(3) Payments to the trust fund must be made annually by the owner or operator over the twenty years beginning on August 26, 1983 or over the remaining operating life of the facility as estimated in the closure plan, whichever period is shorter; this period is hereafter referred to as the “pay-in period.” The payments to the closure trust fund must be made as follows:

(a) The first payment must be made by August 26, 1983, except as provided in paragraph (A)(5) of this rule. The first payment must be at least equal to the current closure cost estimate (rule 3745-66-42 of the Administrative Code) except as provided in paragraph (F) of this rule, divided by the number of years in the pay-in period.

(b) Subsequent payments must be made no later than thirty days after each anniversary date of the first payment. The amount of each subsequent payment must be determined by this formula:

Next payment = (CE – CV) / Y

Where CE is the current closure cost estimate, CV is the current value of the trust fund, and Y is the number of years remaining in the pay-in period.

(4) The owner or operator may accelerate payments into the trust fund or he may deposit the full amount of the current closure cost estimate at the time the fund is established. However, he must maintain the value of the fund at no less than the value the fund would have if annual payments were made as specified in paragraph (A)(3) of this rule.

(5) If the owner or operator establishes a closure trust fund after having initially used one or more alternate mechanisms specified in this rule, his first payment must be at least the amount that the fund would have contained if the trust fund were established initially and annual payments made as specified in paragraph (A)(3) of this rule.

(6) After the pay-in period is completed, whenever the current closure cost estimate changes, the owner or operator must compare the new estimate with the trustee’s most recent annual valuation of the trust fund. If the value of the fund is less than the amount of the new estimate, the owner or operator must, within sixty days of the change in the cost estimate, deposit a sufficient amount into the fund so that its value after payment at least equals the amount of the current closure cost estimate, or obtain other financial assurance as specified in this rule to cover the difference.

(7) If the value of the trust fund is greater than the total amount of the current closure cost estimate, the owner or operator may submit a written request to the director for release of the amount in excess of the current closure cost estimate.

(8) If an owner or operator substitutes other financial assurance as specified in this rule for all or part of the trust fund, he may submit a written request to the director for release of the amount in the trust fund which is greater than the amount required as a result of such substitution.

(9) Within sixty days after receiving a request from the owner or operator for release of funds as specified in paragraph (A)(7) or (A)(8) of this rule, the director must instruct the trustee to release to the owner or operator such funds as the director specifies in writing.

(10) After beginning partial or final closure, an owner or operator or any other person authorized to conduct partial or final closure may request reimbursement for partial or final closure expenditures by submitting itemized bills to the director. The owner or operator may request reimbursement for partial closure only if sufficient funds are remaining in the trust fund to cover the maximum costs of closing the facility over its remaining operating life. No later than sixty days after receiving bills for partial or final closure activities, the director will instruct the trustee to make reimbursements in those amounts as the director specifies in writing, if the director determines that the partial or final closure expenditures and in accordance with the approved closure plan or otherwise justified. If the director has reason to believe that the maximum cost of closure over the remaining life of the facility will be significantly greater than the value of the trust fund, he may withhold reimbursement of such amounts as he deems prudent until he determines, in accordance with paragraph (H) of this rule that the owner or operator is no longer required to maintain financial assurance for final closure of the facility. If the director does not instruct the trustee to make such reimbursements, he will provide to the owner or operator a detailed written statement of reasons.

(11) The director will agree to termination of the trust when:

(a) The owner or operator substitutes alternate financial assurance for closure as specified in this rule; or

(b) The director notifies the owner or operator, in accordance with paragraph (H) of this rule, that he is no longer required by this rule to maintain financial assurance for closure of the facility.

(B) Surety bond guaranteeing payment into a closure trust fund.

(1) An owner or operator may satisfy the requirements of this rule by obtaining a surety bond which conforms to the requirements of paragraphs (B) to (B)(9) of this rule and by having the bond delivered to the director by certified mail. The surety company issuing the bond must, at a minimum, be among those listed as acceptable sureties on federal bonds in “Circular 570” of the U.S. department of the treasury.

[Comment: “Circular 570” is published in the “Federal Register” annually on July first; interim changes in the circular are also published in the “Federal Register.”] (2) The wording of the surety bond must be identical to the wording specified in paragraph (B) of rule 3745-55-51 of the Administrative Code.

(3) The owner or operator who uses a surety bond to satisfy the requirements of this rule must also establish a standby trust fund. Under the terms of the surety bond, all payments made thereunder will be deposited by the surety directly into the standby trust fund in accordance with instructions from the director. This standby trust fund must meet the requirements specified in paragraph (A) of this rule, except that:

(a) An originally signed duplicate of the trust agreement must be delivered to the director with the surety bond; and

(b) Until the standby trust fund is funded pursuant to the requirements of this rule, the following are not required rules 3745-66-40 to 3745-66-48 of the Administrative Code:

(i) Payments into the trust fund as specified in this rule;

(ii) Updating of “Schedule A” of the trust agreement to show current closure cost estimates;

(iii) Annual valuations as required by the trust agreement; and

(iv) Notices of nonpayment as required by the trust agreement.

(4) The bond must guarantee that the owner or operator will:

(a) Fund the standby trust fund in an amount equal to the penal sum of the bond at least sixty days prior to the expected date of the beginning of final closure of the facility; or

(b) Fund the standby trust fund in an amount equal to the penal sum within fifteen days after an order to begin final closure in accordance with rules 3745-66-10 to 3745-66-21 of the Administrative Code is issued by the director, or by an Ohio court, or other court of competent jurisdiction, or by a U.S. district court, or within fifteen days after issuance of a notice of revocation of the permit by the director; or

(c) Provide alternate financial assurance as specified in this rule and obtain the director’s written approval of the assurance provided within ninety days after receipt by both the owner or operator and the director of a notice of cancellation of the bond from the surety.

(5) Under the terms of the bond, the surety must become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond.

(6) The penal sum of the bond must be in an amount at least equal to the amount of the current closure cost estimate, except as provided in paragraph (F) of this rule.

(7) Whenever the current closure cost estimate increases to an amount greater than the penal sum of the bond, the owner or operator must, within sixty days after the increase, cause the penal sum of the bond to be increased to an amount at least equal to the current closure cost estimate and submit evidence of such increase to the director, or obtain other financial assurance, as specified in this rule, to cover the increase. Whenever the current closure cost estimate decreases, the penal sum may be reduced to the amount of the current closure cost estimate following written approval by the director.

(8) Under the terms of the bond, the bond must remain in force unless the surety sends written notice of cancellation by certified mail to the owner or operator and to the director. Cancellation cannot occur, however, during the one hundred twenty days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the director, as shown on the signed return receipt.

(9) The owner or operator may cancel the bond if the director has given prior written consent based on receipt of evidence of alternate financial assurance as specified in this rule.

(C) Closure letter of credit.

(1) An owner or operator may satisfy the requirements of this rule by obtaining an irrevocable standby letter of credit which conforms to the requirements of paragraphs (C) to (C)(10)(b) of this rule and by having it delivered to the director by certified mail. The issuing institution must be an entity which has the authority to issue letters of credit and whose letter of credit operations are regulated and examined by a federal or state of Ohio agency.

(2) The wording of the letter of credit must be identical to the wording specified in paragraph (D) of rule 3745-55-51 of the Administrative Code.

(3) An owner or operator who uses a letter of credit to satisfy the requirements of this rule must also establish a standby trust fund by the time the letter of credit is obtained. Under the terms of the letter of credit, all amounts paid pursuant to a draft by the director must be deposited directly by the issuing institution into the standby trust fund in accordance with instructions from the director. The standby trust fund must meet the requirements of the trust fund specified in paragraph (A) of this rule, except that:

(a) An originally signed duplicate of the trust agreement must be delivered to the director with the letter of credit; and

(b) Unless the standby trust fund is funded pursuant to the requirements of this rule, the following are not required:

(i) Payments into the trust as specified in paragraph (A) of this rule;

(ii) Updating of “Schedule A” of the trust agreement to show current closure cost estimates;

(iii) Annual valuations as required by the trust agreement; and

(iv) Notices of a nonpayment as required by the trust agreement.

(4) The letter of credit must be accompanied by a letter from the owner or operator referring to the letter of credit by number, issuing institution, and date, and providing the following information: the U.S. EPA identification number, name, address, and Ohio permit number of the facility; and the amount of funds assured for closure of the facility by the letter of credit.

(5) The letter of credit must be irrevocable and issued for a period of at least one year. The letter of credit must provide that the expiration date will be automatically extended for a period of at least one year unless, at least one hundred twenty days before the current expiration date, the issuing institution notifies both the owner or operator and the director by certified mail of a decision not to extend the expiration date. Under the terms of the letter of credit, the one hundred twenty days will begin on the date when both the owner or operator and the director have received the notice as evidenced by the return receipts.

(6) The letter of credit must be issued in an amount at least equal to the current closure cost estimate, except as provided in paragraph (F) of this rule.

(7) Whenever the current closure cost estimate increases to an amount greater than the amount of the credit, the owner or operator, within sixty days after the increase, must either cause the amount of the credit to be increased so that it at least equals the current closure cost estimate and submit evidence of such increase to the director, or obtain other financial assurance as specified in this rule to cover the increase. Whenever the current closure cost estimate decreases, the amount of the credit may be reduced to the amount of the current closure cost estimate following written approval by the director.

(8) Following a determination pursuant to Chapter 3734. of the Revised Code or section 3008 of RCRA that the owner or operator has failed to perform final closure in accordance with the approved closure plan and other requirements of Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative Code when required to do so, the director may draw on the letter of credit.

(9) If the owner or operator does not establish alternate financial assurance as specified in this rule and obtain written approval of such alternate assurance from the director within ninety days after receipt by both the owner or operator and the director of a notice from the issuing institution that it has decided not to extend the letter of credit beyond the current expiration date, the director will draw on the letter of credit. The director may delay the drawing if the issuing institution grants an extension of the term of the credit. During the last thirty days of any such extension the director will draw on the letter of credit if the owner or operator has failed to provide alternate financial assurance as specified in this rule and obtain written approval of such assurance from the director.

(10) The director will return the letter of credit to the issuing institution for termination when:

(a) An owner or operator substitutes alternate financial assurance as specified in this rule; or

(b) The director releases the owner or operator from the requirements of this rule in accordance with paragraph (H) of this rule.

(D) Closure insurance.

(1) An owner or operator may satisfy the requirements of this rule by obtaining closure insurance which conforms to the requirements of paragraphs (D) to (D)(10)(b) of this rule and submitting a certificate of such insurance to the director. By August 26, 1983, the owner or operator must submit to the director a letter from an insurer stating that the insurer is considering issuance of closure insurance conforming to the requirements of paragraphs (D) to (D)(10)(b) of this rule to the owner or operator. Within ninety days after August 26, 1983, the owner or operator must submit the certificate of insurance to the director or establish other financial assurance as specified in this rule. At a minimum, the insurer must be licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more states.

(2) The wording of the certificate of insurance must be identical to the wording specified in paragraph (E) of rule 3745-55-51 of the Administrative Code.

(3) The closure insurance policy must be issued for a face amount at least equal to the current closure cost estimate, except as provided in paragraph (F) of this rule. The term “face amount” means the total amount the insurer is obligated to pay under the policy. Actual payments by the insurer will not change the face amount, although the insurer’s future liability will be lowered by the amount of the payments.

(4) The closure insurance policy must guarantee that funds will be available to close the facility whenever final closure occurs. The policy must also guarantee that once final closure begins, the insurer will be responsible for paying out funds, up to an amount equal to the face amount of the policy, upon the direction of the director, to such party or parties as the director specifies.

(5) After beginning partial or final closure, an owner or operator or any other person authorized to conduct closure may request reimbursement for closure expenditures by submitting itemized bills to the director. The owner or operator may request reimbursement for partial closure only if the remaining value of the policy is sufficient to cover the maximum costs of closing the facility over its remaining operating life. Within sixty days after receiving bills for closure activities, the director will determine whether the partial or final closure expenditures are in accordance with the approved closure plan or otherwise justified, and if so, he will instruct the insurer to make reimbursement in such amounts as the director specifies in writing. If the director has reason to believe that the maximum cost of closure over the remaining life of the facility will be significantly greater than the face amount of the policy, he may withhold reimbursement of such amounts as he deems prudent until he determines, in accordance with paragraph (H) of this rule, that the owner or operator is no longer required to maintain financial assurance for final closure of the facility. If the director does not instruct the insurer to make such reimbursement, he will provide the owner or operator with a detailed written statement of reasons.

(6) The owner or operator must maintain the policy in full force and effect until the director consents to termination of the policy by the owner or operator as specified in paragraph (D)(10) of this rule. Failure to pay the premium, without substitution of alternate financial assurance as specified in this rule, will constitute a significant violation of these regulations, warranting such remedy as the director deems necessary. Such violation will be deemed to begin upon receipt by the director of a notice of future cancellation, termination, or failure to renew due to nonpayment of the premium, rather than upon the date of expiration.

(7) Each policy must contain a provision allowing assignment of the policy to a successor owner or operator. Such assignment may be conditional upon consent of the insurer, provided such consent is not unreasonably refused.

(8) The policy must provide that the insurer may not cancel, terminate, or fail to renew the policy except for failure to pay the premium. The automatic renewal of the policy must, at a minimum, provide the insured with the option of renewal at the face amount of the expiring policy. If there is a failure to pay the premium, the insurer may elect to cancel, terminate, or fail to renew the policy by sending notice by certified mail to the owner or operator and the director. Cancellation, termination, or failure to renew may not occur, however, during the one hundred twenty days beginning with the date of receipt of the notice by both the director and the owner or operator, as evidenced by the return receipt. Cancellation, termination, or failure to renew may not occur and the policy will remain in full force and effect in the event that on or before the date of expiration:

(a) The director deems the facility abandoned; or

(b) A permit is revoked or terminated; or

(c) Closure is ordered by the director or a U.S. district court or other court of competent jurisdiction; or

(d) The owner or operator is named as debtor in a voluntary or involuntary proceeding under Title 11 (bankruptcy), U.S. Code; or

(e) The premium due is paid.

(9) Whenever the current closure cost estimate increases to an amount greater than the face amount of the policy, the owner or operator, within sixty days after the increase, must either cause the face amount to be increased to an amount at least equal to the current closure cost estimate and submit evidence of such increase to the director or obtain other financial assurance as specified in this rule to cover the increase. Whenever the current closure cost estimate decreases, the face amount may be reduced to the amount of the current closure cost estimate following written approval by the director.

(10) The director will give written consent to the owner or operator that he may terminate the insurance policy when:

(a) An owner or operator substitutes alternate financial assurance as specified in this rule; or

(b) The director releases the owner or operator from the requirements of this rule in accordance with paragraph (H) of this rule.

(E) Financial test and guarantee for closure.

(1) An owner or operator may satisfy the requirements of this rule by demonstrating that he passes a financial test as specified in paragraphs (E) to (E)(10)(c) of this rule. To pass this test, the owner or operator must meet the criteria of either paragraph (E)(1)(a) or (E)(1)(b) of this rule.

(a) The owner or operator must have:

(i) Two of the following three ratios: a ratio of total liabilities to net worth less than 2.0; a ratio of the sum of net income plus depreciation, depletion, and amortization to total liabilities greater than 0.1; and a ratio of current assets to current liabilities greater than 1.5; and

(ii) Net working capital and tangible net worth each at least six times the sum of the current closure and post-closure cost estimates and the current plugging and abandonment cost estimates; and

(iii) Tangible net worth of at least ten million dollars; and

(iv) Assets located in the United States amounting to at least ninety per cent of his total assets or at least six times the sum of the current closure and post-closure cost estimates and the current plugging and abandonment cost estimates.

(b) The owner or operator must have:

(i) A current rating for his most recent bond issuance of AAA, AA, A or BBB and issued by “Standard and Poor’s” or Aaa, A, A, or Baa as issued by “Moody’s”; and

(ii) Tangible net worth at least six times the sum of the current closure and post-closure cost estimates and the current plugging and abandonment cost estimates; and

(iii) Tangible net worth at least ten million dollars; and

(iv) Assets located in the United States amounting to at least ninety per cent of his total assets or at least six times the sum of the current closure and post-closure cost estimates and the current plugging and abandonment cost estimates.

(2) The phrase “current closure and post-closure cost estimates” as used in paragraph (E)(1) of this rule refers to the cost estimates required to be shown in paragraphs 1-4 of the letter from the owner’s or operator’s chief financial officer as specified in paragraph (F) of rule 3745-55-51 of the Administrative Code. The phrase “current plugging and abandonment cost estimates” as used in paragraph (E)(1) of this rule refers to the cost estimates required to be shown in paragraphs 1-4 of the letter from the owner’s or operator’s chief financial officer [paragraph (F) of rule 3745-55-51 of the Administrative Code].

(3) To demonstrate that he meets this test, the owner or operator must submit the following items to the director:

(a) A letter signed by the owner’s or operator’s chief financial officer and worded as specified in paragraph (F) of rule 3745-55-51 of the Administrative Code; and

(b) A copy of the independent certified public accountant’s report on examination of the owner’s or operator’s financial statements for the latest completed fiscal year; and

(c) A special report from the owner’s or operator’s independent certified public accountant to the owner or operator stating that:

(i) He has compared the data which the letter from the chief financial officer specifies as having been derived from the independently audited year-end financial statements for the latest fiscal year with the amounts in such financial statements; and

(ii) In connection with that procedure, no matters came to his attention which caused him to believe that the specified data should be adjusted.

(4) The owner or operator may obtain an extension f the time allowed for submittal of the documents specified in paragraph (E)(3) of this rule if the fiscal year of the owner or operator ends during the ninety days prior to August 26, 1983 and if the year-end financial statements from that fiscal year will be audited by an independent certified public accountant. The extension will end no later than ninety days after the end of the owner’s or operator’s fiscal year. To obtain the extension, the owner’s or operator’s chief financial officer must send, by August 26, 1983, a letter to the director. This letter from the chief financial officer must:

(a) Request the extension;

(b) Certify that he has grounds to believe that the owner or operator meets the criteria of the financial test;

(c) Specify for each facility to be covered by the test the U.S. EPA identification number, name, address, Ohio permit number, and current closure and post-closure cost estimates to be covered by the test;

(d) Specify the date ending the owner’s or operator’s last complete fiscal year before August 26, 1983;

(e) Specify the date, no later than ninety days after the end of such fiscal year, when he will submit the documents specified in paragraph (E)(3) of this rule; and

(f) Certify that the year-end financial statements of the owner or operator for such fiscal year will be audited by an independent certified public accountant.

(5) After the initial submittal of items specified in paragraph (E)(3) of this rule, the owner or operator must send updated information to the director within ninety days after the close of each succeeding fiscal year. This information must consist of all three items specified in paragraph (E)(3) of this rule.

(6) If the owner or operator no longer meets the requirements of paragraph (E)(1) of this rule, he must send notice to the director of intent to establish alternate financial assurance as specified in this rule. The notice must be sent by certified mail within ninety days after the end of the fiscal year for which the year-end financial data show that the owner or operator no longer meets the requirements. The owner or operator must provide the alternate financial assurance within one hundred twenty days after the end of such fiscal year.

(7) The director may, based on a reasonable belief that the owner or operator may no longer meet the requirements of paragraph (E)(1) of this rule, require reports of financial condition at any time from the owner or operator in addition to those specified in paragraph (E)(3) of this rule. If the director finds, on the basis of such reports or other information, that the owner or operator no longer meets the requirements of paragraph (E)(1) of this rule, the owner or operator must provide alternate financial assurance as specified in this rule within thirty days after notification of such a finding.

(8) The director may disallow use of this test on the basis of qualifications in the opinion expressed by the independent certified public accountant in his report on examination of the owner’s or operator’s financial statements. An adverse opinion or a disclaimer of opinion will be cause for disallowance. The director will evaluate other qualifications on an individual basis. The owner or operator must provide alternate financial assurance as specified in this rule within thirty days after notification of the disallowance.

(9) The owner or operator is no longer required to submit the items specified in paragraph (E)(3) of this rule when:

(a) An owner or operator substitutes alternate financial assurance as specified in this rule; or

(b) The director releases the owner or operator from the requirements of this rule in accordance with paragraph (H) of this rule.

(10) An owner or operator may meet the requirements of this rule by obtaining a written guarantee. The guarantor must be the directodirect or higher-tier parent corporation of the owner or operator, a firm whose parent corporation is also the parent corporation of the owner or operator, or a firm with a “substantial business relationship” with the owner or operator. The guarantor must meet the requirements for owners or operators in paragraphs (E)(1) to (E)(8) of this rule and must comply with the terms of the guarantee. The wording of the guarantee must be identical to the wording specified in paragraph (H) of rule 3745-55-51 of the Administrative Code. A certified copy of the guarantee must accompany the items sent to the director as specified in paragraph (E)(3) of this rule. One of these items must be the letter from the guarantor’s chief financial officer. If the guarantor’s parent corporation is also the parent corporation of the owner or operator, the letter must describe the value received in consideration of the guarantee. If the guarantor is a firm with a “substantial business relationship” with the owner or operator, this letter must describe this “substantial business relationship” and the value received in consideration of the guarantee. The terms of the guarantee must provide that:

(a) If the owner or operator fails to perform final closure of a facility covered by the guarantee in accordance with the closure plan and other requirements of Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative Code whenever required to do so, the guarantor will do so or establish a trust fund as specified in paragraph (A) of this rule in the name of the owner or operator.

(b) The guarantee will remain in force unless the guarantor sends notice of cancellation by certified mail to the owner or operator and the director. Cancellation may not occur, however, during the one hundred twenty days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the director, as evidenced by the return receipts.

(c) If the owner or operator fails to provide alternate financial assurance as specified in this rule and obtain the written approval of such alternate assurance from the director within ninety days after receipt by both the owner or operator and the director of a notice of cancellation of the guarantee from the guarantor, the guarantor will provide such alternative financial assurance in the name of the owner or operator.

(F) Use of multiple financial mechanisms. An owner or operator may satisfy the requirements of this rule by establishing more than one financial mechanism per facility. These mechanisms are limited to trust funds, surety bonds, letters of credit, and insurance. The mechanisms must be as specified in paragraphs (A) to (D) of this rule, except that it is the combination of mechanisms, rather than the single mechanism, which must provide financial assurance for an amount at least equal to the current closure cost estimate. If an owner or operator uses a trust fund in combination with a surety bond or a letter of credit, he may use the trust fund as the standby trust fund for the other mechanisms. A single standby trust fund may be established for two or more mechanisms. The director may use any or all of the mechanisms, to provide for closure of the facility.

(G) Use of a financial mechanism for multiple facilities. An owner or operator may use a financial assurance mechanism specified in this rule to meet the requirements of this rule for more than one facility. Evidence of financial assurance submitted to the director must include a list showing, for each facility, the U.S. EPA identification number, name, address, Ohio permit number and the amount of funds for closure assured by the mechanism. The amount of funds available through the mechanism must be no less than the sum of funds that would be available if a separate mechanism had been established and maintained for each facility. In directing funds available through the mechanism for closure of any of the facilities covered by the mechanism, the director may direct only the amount of funds designated for that facility, unless the owner or operator agrees to the use of additional funds designated for that facility, unless the owner or operator agrees to the use of additional funds available under the mechanism.

(H) Release of the owner or operator from the requirements of this rule. Within sixty days after receiving certifications from the owner or operator and an independent registered professional engineer that final closure has been completed in accordance with the approved closure plan (see rule 3745-66-15 of the Administrative Code), the director will notify the owner or operator in writing that he is no longer required by this rule to maintain financial assurance for final closure of the particular facility, unless the director has reason to believe that final closure has not been in accordance with the approved closure plan. The director will provide the owner or operator a detailed written statement of any such reason to believe that closure has not been in accordance with the approved closure plan.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled “Incorporated by reference.”]

HISTORY: Eff 8-26-83 (Emer.);11-29-83; 5-29-85 (Emer.); 8-29-85; 12-28-87; 12-23-89; 9-2-97; 12-7-00; 12-7-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3734.12

Rule amplifies: RC 3734.12

R.C. 119.032 review dates: 06/01/2004 and 08/25/2007

(A) All records, including plans, required under Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative Code must be furnished upon request to, and made available at all reasonable times for inspection by, any employee or representative of Ohio EPA who is duly designated by the director.

(B) The retention period for all records required under Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative Code is extended automatically during the course of any unresolved enforcement action regarding the facility or as requested by the director.

(C) A copy of records of waste disposal locations and quantities under paragraph (B)(2) of rule 3745-65-73 of the Administrative Code must be submitted to the director and local land authority upon closure of the facility (see rule 3745-66-19 of the Administrative Code).

HISTORY: Eff 4-15-81; 1-7-83; 12-7-00; 12-7-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3734.12

Rule amplifies: RC 3734.12

R.C. 119.032 review dates: Exempt

The owner or operator must prepare and submit a single copy of an annual report to the director by March first of each year. The report form and instructions supplied by the director must be used for this report. The annual report must cover facility activities during the previous calendar year and must include the following information:

(A) The U.S. EPA identification number, name, and address of the facility;

(B) The calendar year covered by the report;

(C) For off-site facilities, the U.S. EPA identification number of each hazardous waste generator from which the facility received a hazardous waste during the year; for imported shipments, the report must give the name and address of the foreign generator;

(D) A description and the quantity of each hazardous waste the facility received during the year. For off-site facilities, this information must be listed by U.S. EPA identification number of each generator;

(E) The method of treatment, storage, or disposal for each hazardous waste;

(F) Monitoring data under paragraphs (A)(2)(b), (A)(2)(c) and (B)(2) of rule 3745-65-94 of the Administrative Code;

(G) The most recent closure cost estimate under rule 3745-66-42 of the Administrative Code and, for disposal facilities, the most recent post-closure cost estimate under rule 3745-66-44 of the Administrative Code;

(H) For generators who treat, store, or dispose of hazardous waste on-site, a description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated;

(I) For generators who treat, store, or dispose of hazardous waste on-site, a description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent such information is available for the years prior to 1984; and

(J) The certification signed by the owner or operator of the facility or his authorized representative.

Effective: 05/13/2007

R.C. 119.032 review dates: 12/14/2006 and 08/25/2011

Promulgated Under: 119.03

Statutory Authority: 3734.12

Rule Amplifies: 3734.12(D)(2)

Prior Effective Dates: 04/15/1981, 01/07/1983, 05/29/1985 (Emer.), 08/29/1985, 12/08/1988, 12/30/1989, 03/13/2002

(A) If a facility accepts for treatment, storage, or disposal any hazardous waste from an off-site source without an accompanying manifest, or without an accompanying shipping paper as described in paragraph (E) of rule 3745-53-20 of the Administrative Code, and if the waste is not excluded from the manifest requirement by Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative Code, then the owner or operator must prepare and submit an unmanifested waste report in the form of a letter to the director within fifteen days after receiving the waste. The unmanifested waste report must include the following information:

(1) The U.S. EPA identification number, name, and address of the facility;

(2) The date the facility received the waste;

(3) The U.S. EPA identification number, name, and address of the generator and the transporter, if available;

(4) A description and the quantity of each unmanifested hazardous waste the facility received;

(5) The method of treatment, storage, or disposal for each hazardous waste;

(6) A certification signed by the owner or operator of the facility or his authorized representative; and

[Note: This certification language is located in paragraph (D) of rule 3745-50-42 of the Administrative Code.]

(7) A brief explanation of why the waste was unmanifested, if known.

(B) Reserved.

Effective: 02/16/2009

R.C. 119.032 review dates: 08/06/2008 and 08/25/2012

Promulgated Under: 119.03

Statutory Authority: 3734.12

Rule Amplifies: 3734.12

Prior Effective Dates: 04/15/1981, 01/07/1983, 12/30/1989, 12/07/2000, 12/07/2004

In addition to submitting the annual report and unmanifested waste reports described in rules 3745-65-75 and 3745-65-76 of the Administrative Code, the owner or operator shall also report to the director:

(A) Releases, fires, and explosions as specified in paragraph (J) of rule 3745-65-56 of the Administrative Code;

(B) Ground water contamination and monitoring data as specified in rules 3745-65-93 and 3745-65-94 of the Administrative Code; and

(C) Facility closure as specified in rule 3745-66-15 of the Administrative Code.

HISTORY: Eff 4-15-81; 1-7-83

Rule promulgated under: RC Chapter 119.

Rule amplifies: RC 3734.12

(A) Before November 19, 1981, the owner or operator of a surface impoundment, landfill, or land treatment facility which is used to manage hazardous waste must implement a ground water monitoring program capable of determining the facility’s impact on the quality of ground water in the uppermost aquifer underlying the facility, except as rule 3745-65-01 of the Administrative Code and paragraph (C) of this rule provide otherwise.

(B) Except as paragraphs (C) and (D) of this rule provide otherwise, the owner or operator must install, operate, and maintain a ground water monitoring system which meets the requirements of rule 3745-65-91 of the Administrative Code and must comply with rules 3745-65-92 to 3745-65-94 of the Administrative Code. This ground water monitoring program must be carried out during the active life of the facility, and for disposal facilities, during the post-closure care period as well.

(C) All or part of the ground water monitoring requirements of rules 3745-65-90 to 3745-65-94 of the Administrative Code may be waived if the owner or operator can demonstrate that there is a low potential for migration of hazardous waste or hazardous waste constituents from the facility via the uppermost aquifer to water supply wells (domestic, industrial, or agricultural) or to surface water. This demonstration must be in writing and must be kept at the facility. This demonstration must be certified by a qualified geologist or geotechnical engineer and must establish the following:

(1) The potential for migration of hazardous waste or hazardous waste constituents from the facility to the uppermost aquifer, by an evaluation of:

(a) A water balance of precipitation, evapotranspiration, run-off, and infiltration; and

(b) Unsaturated zone characteristics (i.e., geologic materials, physical properties, and depth to ground water); and

(2) The potential for hazardous waste or hazardous waste constituents which enter the uppermost aquifer to migrate to a water supply well or surface water, by an evaluation of:

(a) Saturated zone characteristics (i.e., geologic materials, physical properties, and rate of ground water flow); and

(b) The proximity of the facility to water supply wells or surface water.

(D) If an owner or operator assumes (or knows) that ground water monitoring of indicator parameters in accordance with rules 3745-65-91 and 3745-65-92 of the Administrative Code would show statistically significant increases, or decreases in the case of pH, when evaluated under paragraph (B) of rule 3745-65-93 of the Administrative Code, he may install, operate, and maintain an alternate ground water monitoring system other than the one described in rules 3745-65-91 and 3745-65-92 of the Administrative Code. If the owner or operator decides to use an alternate ground water monitoring system he must:

(1) Before November 19, 1981, submit to the director a specific plan, certified by a qualified geologist or geotechnical engineer, which satisfies the requirements of paragraph (D)(3) of rule 3745-65-93 of the Administrative Code, for an alternate ground water monitoring system;

(2) Not later than November 19, 1981, initiate the determinations specified in paragraph (D)(4) of rule 3745-65-93 of the Administrative Code;

(3) Prepare and submit a written report in accordance with paragraph (D)(5) of rule 3745-65-93 of the Administrative Code;

(4) Continue to make the determinations specified in paragraph (D)(4) of rule 3745-65-93 of the Administrative Code on a quarterly basis until final closure of the facility; and

(5) Comply with the recordkeeping and reporting requirements in paragraph (B) of rule 3745-65-94 of the Administrative Code..

(E) The ground water monitoring requirements of rules 3745-65-90 to 3745-65-94 of the Administrative Code may be waived with respect to any surface impoundment that is used to neutralize wastes which are hazardous solely because they exhibit the corrosivity characteristic under rule 3745-51-22 of the Administrative Code or are listed as hazardous wastes in rules 3745-51-30 to 3745-51-35 of the Administrative Code only for this reason; and contains no other hazardous wastes, if the owner can demonstrate that there is no potential for migration of hazardous wastes from the impoundment. The demonstration must establish, based upon consideration of the characteristics of the wastes and the impoundment, that the corrosive wastes will be neutralized to the extent that they no longer meet the corrosivity characteristic before they can migrate out of the impoundment. The demonstration must be in writing and must be certified by a qualified professional.

(F) The director may replace all or part of the requirements of rules 3745-65-90 to 3745-65-94 of the Administrative Code that apply to a regulated unit (as defined in rule 3745-54-90 of the Administrative Code) with alternative requirements developed for ground water monitoring set out in an approved closure or post-closure plan or in an enforceable document [as defined in paragraph (G) of rule 3745-50-45 of the Administrative Code] where the director determines that:

(1) A regulated unit is situated among waste management units (or areas of concern), a release has occurred, and both the regulated unit and one or more waste management unit(s) (or areas of concern) are likely to have contributed to the release; and

(2) It is not necessary to apply the requirements of rules 3745-65-90 to 3745-65-94 of the Administrative Code because the alternative requirements will protect human health and the environment. The alternative standards for the regulated unit must meet the requirements of paragraph (A) of rule 3745-54-101 of the Administrative Code.

HISTORY: Eff 4-15-81; 1-7-83; 11-29-83; 5-29-85 (Emer.); 8-29-85; 9-2-97; 3-9-01; 12-7-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3734.12

Rule amplifies: RC 3734.12

RC 119.032 Review Date: Exempt

(A) A ground water monitoring system shall be capable of yielding ground water samples for analysis and shall consist of:

(1) Monitoring wells (at least one) installed hydraulically upgradient (i.e., in the direction of increasing static head) from the limit of the waste management area. Their number, locations, and depths shall be sufficient to yield ground water samples that are:

(a) Representative of background ground water quality in the uppermost aquifer near the facility; and

(b) Not affected by the facility; and

(2) Monitoring wells (at least three) installed hydraulically downgradient (i.e., in the direction of decreasing static head) at the limit of the waste management area. Their number, locations, and depths shall ensure that such wells immediately detect any statistically significant amounts of hazardous waste or hazardous waste constituents that migrate from the waste management area to the uppermost aquifer.

(3) The facility owner or operator may demonstrate that an alternate hydraulically downgradient monitoring well location will meet the criteria outlined in paragraphs (A)(3)(a) to (A)(3)(d) of this rule. The demonstration shall be in writing and shall be kept at the facility. The demonstration shall be certified by a qualified ground water scientist and shall establish that:

(a) An existing physical obstacle prevents monitoring well installation at the hydraulically downgradient limit of the waste management area; and

(b) The selected alternate downgradient location is as close to the limit of the waste management area as practical; and

(c) The location ensures detection that, given the alternate location, is as early as possible of any statistically significant amounts of hazardous waste or hazardous waste constituents that migrate from the waste management area to the uppermost aquifer.

(d) Lateral expansion, new, or replacement units are not eligible for an alternate downgradient location under paragraphs (A)(3) to (A)(3)(d) of this rule.

(B) Separate monitoring systems for each waste management component of a facility are not required provided that provisions for sampling upgradient and downgradient water quality will detect any discharge from the waste management area.

(1) In the case of a facility consisting of only one surface impoundment, landfill, or land treatment area, the waste management area is described by the waste boundary (perimeter).

(2) In the case of a facility consisting of more than one surface impoundment, landfill, or land treatment area, the waste management area is described by an imaginary boundary line which circumscribes the several waste management components.

(C) All monitoring wells shall be cased in a manner that maintains the integrity of the monitoring well bore hole. This casing shall be screened or perforated, and packed with gravel or sand where necessary, to enable sample collection at depths where appropriate aquifer flow zones exist. The annular space (i.e., the space between the bore hole and well casing) above the sampling depth shall be sealed with a suitable material (e.g., cement grout or bentonite slurry) to prevent contamination of samples and the ground water.

HISTORY: Eff 4-15-81; 1-7-83; 9-2-97

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)

A) The owner or operator must obtain and analyze samples from the installed ground water monitoring system. The owner or operator must develop and follow a ground water sampling and analysis plan. He must keep this plan at the facility. The plan must include procedures and techniques for:

(1) Sample collection;

(2) Sample preservation and shipment;

(3) Analytical procedures; and

(4) Chain of custody control.

[Comment: See the most recent “Technical Manual for Hydrogeologic Investigations and Ground Water Monitoring” for discussions of sampling and analysis procedures.]

(B) The owner or operator must determine the concentration or value of the following parameters in ground water samples in accordance with paragraphs (C) and (D) of this rule:

(1) Parameters characterizing the suitability of the ground water as a drinking water supply, as specified in the table in this rule.

(2) Parameters establishing ground water quality:

(a) Chloride;

(b) Iron;

(c) Manganese;

(d) Phenols;

(e) Sodium; and

(f) Sulfate.

[Comment: These parameters are to be used as a basis for comparison in the event a ground water quality assessment is required under paragraph (D) of rule 3745-65-93 of the Administrative Code.]

(3) Parameters used as indicators of ground water contamination:

(a) pH;

(b) Specific conductance;

(c) Total organic carbon; and

(d) Total organic halogen.

(C) (1) For all monitoring wells, the owner or operator must establish initial background concentrations or values of all parameters specified in paragraph (B) of this rule. He must do this quarterly for one year.

(2) For each of the indicator parameters specified in paragraph (B)(3) of this rule, at least four replicate measurements must be obtained for each sample and the initial background arithmetic mean and variance must be determined by pooling the replicate measurements for the respective parameter concentrations or values in samples obtained from upgradient wells during the first year.

(D) After the first year, all monitoring wells must be sampled and the samples analyzed with the following frequencies:

(1) Samples collected to establish ground water quality must be obtained and analyzed for the parameters specified in paragraph (B)(2) of this rule at least annually.

(2) Samples collected to indicate ground water contamination must be obtained and analyzed for the parameters specified in paragraph (B)(3) of this rule at least semi-annually.

(E) Elevation of the ground water surface at each monitoring well must be determined each time a sample is obtained.

Parameters Characterizing the Suitability of the Ground Water As A Drinking Water Supply

Parameter Maximum Level (mg/L)

Arsenic 0.01

Barium 2.0

Cadmium 0.005

Chromium 0.1

Fluoride 4.0

Lead 0.015

Mercury 0.002

Nitrate (as N) 10.0

Selenium 0.05

Silver 0.01

Endrin 0.002

Lindane 0.0002

Methoxychlor 0.04

Toxaphene 0.003

2,4-D 0.07

2,4,5-TP (Silvex) 0.05

Radium 5 pCi/L

Gross Alpha 15 pCi/L

Gross Beta 4 pCi/L

Turbidity 5 NTU

Coliform Bacteria no fecal at all; 5% of all other

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled “Incorporated by reference.”]

HISTORY: Eff 4-15-81; 1-7-83; 12-30-89; 4-1-90; 11-11-99; 3-13-02; 12-7-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3734.12

Rule amplifies: RC 3734.12

R.C. 119.032 review dates: 06/01/2004 and 08/25/2008

(A) Before November 19, 1981, the owner or operator must prepare an outline of a ground water quality assessment program. The outline must describe a more comprehensive ground water monitoring program than that described in rules 3745-65-91 and 3745-65-92 of the Administrative Code, which must be capable of determining:

(1) Whether hazardous waste or hazardous waste constituents have entered the ground water;

(2) The rate and extent of migration of hazardous waste or hazardous waste constituents in the ground water; and

(3) The concentrations of hazardous waste or hazardous waste constituents in the ground water.

(B) For each indicator parameter specified in paragraph (B)(3) of rule 3745-65-92 of the Administrative Code, the owner or operator must calculate the arithmetic mean and variance, based on at least four replicate measurements on each sample, for each well monitored in accordance with paragraph (D)(2) of rule 3745-65-92 of the Administrative Code, and compare these results with its initial background arithmetic mean. The comparison must consider individually each of the wells in the monitoring system, and must use the “Student’s T-test” at the 0.01 level of significance (see the appendix to this rule) to determine statistically significant increases, and decreases in the case of pH, over initial background.

(C) (1) If the comparisons for the upgradient wells made under paragraph (B) of this rule show a significant increase, or pH decrease, the owner or operator must submit this information in accordance with paragraph (A)(2)(b) of rule 3745-65-94 of the Administrative Code.

(2) If the comparisons for downgradient wells made under paragraph (B) of this rule show a significant increase, or pH decrease, the owner or operator must then immediately obtain additional ground water samples from those downgradient wells where a significant difference was detected, split the samples in two, and obtain analyses of additional samples to determine whether the significant difference was a result of laboratory error.

(D) (1) If the analyses performed under paragraph (C)(2) of this rule confirm the significant increase, or pH decrease, the owner or operator must provide written notice to the director, within seven days of the date of such confirmation, that the facility may be affecting ground water quality.

(2) Within fifteen days after the notification under paragraph (D)(1) of this rule, the owner or operator must develop and submit to the director a specific plan, based on the outline required under paragraph (A) of this rule and certified by a qualified geologist or geotechnical engineer, for a ground water quality assessment program at the facility.

(3) The plan to be submitted under paragraph (D)(1) of rule 3745-65-90 of the Administrative Code or paragraph (D)(2) of this rule must specify:

(a) The number, location, and depth of wells;

(b) Sampling and analytical methods for these hazardous wastes or hazardous waste constituents in the facility;

(c) Evaluation procedures, including any use of previously gathered ground water quality information; and

(d) A schedule of implementation.

(4) The owner or operator must implement the ground water quality assessment plan which satisfies the requirements of paragraph (D)(3) of this rule, and, at a minimum, determine:

(a) The rate and extent of migration of the hazardous waste or hazardous waste constituents in the ground water; and

(b) The concentrations of the hazardous waste or hazardous waste constituents in the ground water.

(5) The owner or operator must make his first determination under paragraph (D)(4) of this rule as soon as technically feasible, and, within fifteen days after that determination, submit to the director a written report containing an assessment of ground water quality.

(6) If the owner or operator determines, based on the results of the first determination under paragraph (D)(4) of this rule, that no hazardous waste or hazardous waste constituents from the facility have entered the ground water, then he may reinstate the indicator evaluation program described in rule 3745-65-92 of the Administrative Code and paragraph (B) of this rule. If the owner or operator reinstates the indicator evaluation program, he must so notify the director in the report submitted under paragraph (D)(5) of this rule.

(7) If the owner or operator determines, based on the first determination under paragraph (D)(4) of this rule, that hazardous waste or hazardous waste constituents from the facility have entered the ground water, then he:

(a) Must continue to make the determinations required under paragraph (D)(4) of this rule on a quarterly basis until final closure of the facility, if the ground water quality assessment plan was implemented prior to final closure of the facility; or

(b) May cease to make the determinations required under paragraph (D)(4) of this rule, if the ground water quality assessment plan was implemented during the post-closure care period.

(E) Notwithstanding any other provision in rules 3745-65-90 to 3745-65-94 of the Administrative Code, any ground water quality assessment to satisfy the requirements of paragraph (D)(4) of this rule which is initiated prior to final closure of the facility must be completed and reported in accordance with paragraph (D)(5) of this rule.

(F) Unless the ground water is monitored to satisfy the requirements of paragraph (D)(4) of this rule, at least annually the owner or operator must evaluate the data on ground water surface elevations obtained under paragraph (E) of rule 3745-65-92 of the Administrative Code to determine whether the requirements under paragraph (A) of rule 3745-65-91 of the Administrative Code for locating the monitoring wells continues to be satisfied. If the evaluation shows that paragraph (A) of rule 3745-65-91 of the Administrative Code is no longer satisfied, the owner or operator must immediately modify the number, location, or depth of the monitoring system into compliance with this requirement.

Appendix A

Appendix to rule 3745-65-93 of the Administrative Code

(This appendix is equivalent to Appendix IV of 40 CFR Part 265.)

Test for Significance

As required in paragraph (B) of rule 3745-65-93 of the Administrative Code, the owner or operator must use the “Student’s T-test” to determine statistically significant changes in the concentration or value of an indicator parameter in periodic ground water samples when compared to the initial background concentration or value of that indicator parameter. The comparison must consider individually each of the wells in the monitoring system. For three of the indicator parameters (specific conductance, total organic carbon, and total organic halogen) a single-tailed “Student’s T-test” must be used to test at the 0.01 level of significance for significant increases over background. The difference test for pH must be a two-tailed “Student’s T-test” at the overall 0.01 level of significance.

The “Student’s T-test” involves calculation of the value of a t-statistic for each comparison of the mean (average) concentration of value (based on a minimum of four replicate measurements) of an indicator parameter with its initial background concentration or value. The calculated value of the t-statistic must then be compared to the value of the t-statistic found in a table for t-test of significance at that specified level of significance. A calculated value of t which exceeds the value of t found in the table indicates a statistically significant change in the concentration or value of the indicator parameter.

Formulas for calculation of the t-statistic and tables for t-test of significance can be found in most introductory statistics texts.

HISTORY: Eff 4-15-81; 1-7-83; 1-30-86; 11-13-87; 12-30-89; 3-13-02

Rule promulgated under: RC Chapter 119.

Rule authorized by: RC 3734.12

Rule amplifies: RC 3734.12

119.032 review dates: 9/28/01, Exempt

(A) Unless the ground water is monitored to satisfy the requirements of paragraph (D)(4) of rule 3745-65-93 of the Administrative Code, the owner or operator shall:

(1) Keep records of the analyses required in paragraphs (C) and (D) of rule 3745-65-92 of the Administrative Code, the associated ground water surface elevations required in paragraph (E) of rule 3745-65-92 of the Administrative Code, and the evaluations required in paragraph (B) of rule 3745-65-93 of the Administrative Code throughout the active life of the facility, and, for disposal facilities, throughout the post-closure care period as well; and

(2) Report the following ground water monitoring information to the director:

(a) During the first year when initial background concentrations are being established for the facility: concentrations or values of the parameters listed in paragraph (B)(1) of rule 3745-65-92 of the Administrative Code for each ground water monitoring well within fifteen days after completing each quarterly analysis. The owner or operator shall separately identify for each monitoring well any parameters whose concentration or value has been found to exceed the maximum contaminant levels listed in the appendix to rule 3745-65-92 of the Administrative Code.

(b) Annually: Concentrations or values of the parameters listed in paragraph (B)(3) of rule 3745-65-92 of the Administrative Code for each ground water monitoring well, along with the required evaluations for these parameters under paragraph (B) of rule 3745-65-93 of the Administrative Code. The owner or operator shall separately identify any significant differences from initial background found in upgradient wells, in accordance with paragraph (C)(1) of rule 3745-65-93 of the Administrative Code. During the active life of the facility, this information shall be submitted as part of the annual report required under rule 3745-65-75 of the Administrative Code.

(c) As part of the annual report required under rule 3745-65-75 of the Administrative Code: results of the evaluation of ground water surface elevations under paragraph (F) of rule 3745-65-93 of the Administrative Code, and a description of the response to that evaluation, where applicable.

(B) If the ground water is monitored to satisfy the requirements of paragraph (D)(4) of rule 3745-65-93 of the Administrative Code, the owner or operator shall:

(1) Keep records of the analyses and evaluations specified in the plan, which satisfy the requirements of paragraph (D)(3) of rule 3745-65-93 of the Administrative Code, throughout the active life of the facility, and, for disposal facilities, throughout the post-closure care period as well; and

(2) Annually, until final closure of the facility, submit to the director a report containing the results of the ground water quality assessment program which include, but is not limited to, the calculated (or measured) rate of migration of hazardous waste or hazardous waste constituents in the ground water during the reporting period. This report shall be submitted as part of the annual report required under rule 3745-65-75 of the Administrative Code.

HISTORY: Eff 4-15-81; 1-7-83; 6-29-90

Rule promulgated under: RC Chapter 119.

Rule amplifies: RC 3734.12