Ohio Admin. Code 3745-266-355 - Loss of transportation and disposal conditional exemption
(A) How could you
lose the transportation and disposal conditional exemption for your waste and
what actions must you take?
(1) Any waste
will automatically lose the transportation and disposal exemption if you fail
to manage it in accordance with all of the conditions specified in paragraphs
(A) to (A)(4) of rule
3745-266-315
of the Administrative Code.
(a) When you fail
to meet any of the conditions specified in paragraphs (A) to (A)(4) of rule
3745-266-315
of the Administrative Code for any of your wastes, you must report to us, in
writing by certified delivery, within thirty days of learning of the failure.
Your report must be signed by your authorized representative certifying that
the information provided is true, accurate, and complete. This report must
include:
(i) The specific condition(s) that
you failed to meet for the waste;
(ii) A description of the waste (including
the waste name, EPA hazardous waste numbers and quantity) that lost the
exemption; and
(iii) The date(s) on
which you failed to meet the condition(s) for the waste.
(b) If the failure to meet any of the
conditions may endanger human health or the environment, you must also
immediately notify us orally within twenty-four hours and follow up with a
written notification within five days.
(2) We may terminate your ability to claim a
conditional exemption for your waste, or require you to meet additional
conditions to claim a conditional exemption, for serious or repeated
noncompliance with any requirement(s) of rules
3745-266-210
to 3745-266-355 of the Administrative Code.
(B) If you lose the transportation and
disposal conditional exemption for a waste, can the exemption be reclaimed?
(1) You may reclaim the transportation and
disposal exemption for a waste after you have received a return receipt
confirming that we have received your notification of the loss of the exemption
specified in paragraphs (A)(1) to (A)(2) of this rule and if:
(a) You again meet the conditions specified
in paragraphs (A) to (A)(4) of rule
3745-266-315
of the Administrative Code for the waste; and
(b) You send a notice, by certified delivery,
to us that you are reclaiming the exemption for the waste. Your notice must be
signed by your authorized representative certifying that the information
provided is true, accurate, and complete. The notice must:
(i) Explain the circumstances of each
failure.
(ii) Certify that each
failure that caused you to lose the exemption for the waste has been corrected
and that you again meet all conditions for the waste as of the date you
specify.
(iii) Describe plans you
have implemented, listing the specific steps that you have taken, to ensure
that conditions will be met in the future.
(iv) Include any other information you want
us to consider when we review your notice reclaiming the exemption.
(2) We may terminate a
reclaimed conditional exemption if we find that your claim is inappropriate
based on factors including, but not limited to: you have failed to correct the
problem; you explained the circumstances of the failure unsatisfactorily; or
you failed to implement a plan with steps to prevent another failure to meet
the conditions of paragraphs (A) to (A)(4) of rule
3745-266-315
of the Administrative Code. In reviewing a reclaimed conditional exemption
under paragraphs (B) to (B)(2) of this rule, we may add conditions to the
exemption to ensure that transportation and disposal activities will protect
human health and the environment.
Notes
Rule promulgated under: RC 119.03
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
RC 119.032 Review Date: Exempt
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