901:5-2-02 Compliance with design requirements.

After the effective date of rules 901:5-2-01 to 901:5-2-08 of the Administrative Code:

(A) No person shall construct or cause to be constructed any new permanent storage vessel unless:

(1) The plans and specifications for the secondary containment facility have first been approved by the director of agriculture;

(2) It meets the design requirements of paragraph (A) of rule 901:5-2-03 of the Administrative Code;

(3) It is sited within a secondary containment facility which meets the design requirements of paragraph (C) of rule 901:5-2-03 of the Administrative Code;

(4) It complies with all applicable zoning regulations, building standards, and fire codes.

(B) The director shall notify each applicant within thirty days after receipt of the construction plans for new storage vessels as to approval or disapproval of the submitted construction plans;

(C) All permanent storage vessels, appurtenances, and secondary containment facilities either existing or under construction at the effective date of rules 901:5-2-01 to 901:5-2-07 of the Administrative Code shall meet the requirements of paragraphs (A)(2) and (A)(3) of this rule by January 1, 1996;

(D) No person shall put any newly constructed permanent storage vessel into service, or continue in service past January 1, 1996 any permanent storage vessel either existing or under construction at the effective date of these rules unless the permanent storage vessel, its appurtenances and secondary containment facilities meet the requirements of paragraphs (A)(2) and (A)(3) of this rule;

(E) No person shall continue in service any pit storage structure past January 1, 1996 unless it meets all of the following:

(1) It is constructed with a second impermeable lining material between the earthen walls, the ground, and the impermeable material in direct contact with the liquid fertilizer;

(2) It is constructed with a tiled drainage field between the second impermeable liner and the impermeable liner in direct contact with the liquid fertilizer, and the drain field empties into a sump equipped with a pump;

(3) The pump automatically empties the sump and either returns any leakage to the pit or to a tank built to the same standards required for primary storage vessels.

(F) No person shall construct or cause to be constructed any new pit storage facilities. Any pit storage structures remaining in service under paragraph (E) of this rule will be taken out of service permanently at the end of the useful life of the current primary liner.

R.C. 119.032 review dates: 05/17/2013 and 05/17/2018
Promulgated Under: 119.03
Statutory Authority: 905.44
Rule Amplifies: 905.44
Prior Effective Dates: 1/1/1991, 9/16/1991