(A) Immediately upon discovery of a
damaged or failed engineered component and in accordance with applicable
federal, state, and local statutes and rules, the owner or operator shall do
the following:
(1) Notify the
following:
(a) If a spill needs to be reported in accordance with
Chapter 3750-25 of the Administrative Code:
(i) Ohio EPA emergency
response twenty-four-hour telephone service for spill reporting.
(ii) For a licensed
facility, the licensing authority.
(iii) For a permitted
facility, the permitting authority.
(b) If necessary, emergency responders.
(2) Take all actions in
accordance with all applicable federal, state, and local statutes and rules
necessary to protect public health and safety and the environment including but
not limited to the following:
(a) Prevent the release of pollution (such as waste,
C&DD, and leachate) from the facility to waters of the state.
(b) Prevent the release of pollution (such as explosive
gas, hydrogen sulfide gas, particulates, and fugitive dust) to the air or
control such pollution such that the owner or operator is in compliance with
all applicable air permits issued under Chapter 3704. of the Administrative
Code.
(c) Prevent the occurrence of blowing litter, attraction of
vectors, and fire.
(d) Prevent the damage or failure from
worsening.
(e) Prevent future damage or another failure.
(f) Provide access to the responders, investigators, and
the licensing and permitting authorities to the area with the
failure.
(B) The owner or operator shall use all
testing, analyses, observations, and calculations necessary to investigate the
nature of and determine the cause of the damage or failure to an engineered
component.
(C) The owner or operator shall repair or
reconstruct the damaged or failed engineered component.
(D) The owner or operator shall
reconstruct any engineered component in strict accordance with applicable
authorizing documents and submit a construction certification report prepared
in accordance with rule 3745-512-50 of the Administrative Code.
(E) If the damage or failure of the
engineered component was due to inadequate design, prior to reconstruction of
the engineered component the owner or operator shall obtain authorization for
another design from the permitting authority or, if the change is an
alteration, from the concurring authority.
(F) If the damage or failure of the
engineered component was due to an inadequate material, the owner or operator
shall reconstruct the failed engineered component with a material that will
prevent a failure from occurring.
(G) Not later than forty-five days after
the date of discovery of the damaged or failed engineered component, the owner
or operator shall submit to the concurring authority an investigation report
that contains at a minimum the following information:
(1) The name and location
of the facility.
(2) The name, address,
and telephone number of the owner and operator.
(3) A summary describing
the activities taken by the owner or operator to investigate and respond to the
damage or failure, including repair or reconstruction.
(4) The potential causes
of the damage or failure and an assessment of whether the damage or failure was
due to inadequate design or inadequate materials.
(5) A description and
schedule of the following additional activities the owner or operator will
conduct:
(a) To continue to respond to the damage or
failure.
(b) To investigate the damage or failure.
(c) To prevent similar damage or failure from occurring in
the future.
(6) All photographs and
results of sampling, testing, and analyses conducted during the
investigation.
(H) The owner or operator may request an
extension of the time frame in paragraph (G) of this rule. The request for an
extension shall be submitted to the concurring authority. The concurring
authority may grant an extension provided the following are met:
(1) The owner or operator
is in compliance with paragraph (A) of this rule.
(2) The owner or operator
needs the extension of time to be able to comply with paragraph (B), (C), or
(D) of this rule.
(3) The owner or operator
has conducted the response and investigation of the damage or failure in a
timely manner.
(4) The granting of the
extension will not adversely affect public health or safety or the environment
or cause or contribute to water pollution or air pollution.
