3745-66-40 Applicability- financial requirements.

(A) The requirements of rules 3745-66-42 , 3745-66-43 , 3745-66-47 , and 3745-66-48 of the Administrative Code apply to owners and operators of all hazardous waste facilities, including underground injection control facilities, except as this rule or rule 3745-65-01 of the Administrative Code provide otherwise.

(B) The requirements of rules 3745-66-44 and 3745-66-45 of the Administrative Code apply only to owners and operators of:

(1) Disposal facilities;

(2) Tank systems that are required under rule 3745-66-97 of the Administrative Code to meet the requirements for landfills; and

(3) Containment buildings that are required under rule 3745-256-102 of the Administrative Code to meet the requirements for landfills.

(C) The state of Ohio and federal agencies are exempt from the requirements of rules 3745-66-40 to 3745-66-48 of the Administrative Code.

(D) The director may replace all or part of the requirements of rules 3745-66-40 to 3745-66-48 of the Administrative Code that apply to a regulated unit with alternative requirements for financial assurance set out in the permit or in an enforceable document[as defined in paragraph (G) of rule 3745-50-45 of the Administrative Code], where the director:

(1) Prescribes alternative requirements for the regulated unit under paragraph (F) of rule 3745-65-90 and /or paragraph (D) of rule 3745-66-10 of the Administrative Code, and

(2) Determines that it is not necessary to apply the requirements of rules 3745-66-40 to 3745-66-48 of the Administrative Code because the alternative financial assurance requirements will protect human health and the environment.

Effective: 09/05/2010
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, 08/26/1983 (Emer.), 11/29/1983, 05/29/1985 (Emer.), 08/29/1985, 11/13/1987, 12/08/1988, 12/07/2000, 12/07/2004