Ohio Admin. Code 3745-270-09 - Special rules regarding wastes that exhibit a characteristic
(A) The initial generator of a waste shall
determine each EPA hazardous waste number applicable to the waste in order to
determine the applicable treatment standards under rules
3745-270-40
to
3745-270-49
of the Administrative Code. This determination may be made concurrently with
the hazardous waste determination required for
in rule
3745-52-11
of the Administrative Code. For purposes of Chapter 3745-270 of the
Administrative Code, the waste will carry the EPA hazardous waste number for
any applicable listing
listed waste under rules
3745-51-30
to
3745-51-35
of the Administrative Code. In addition, where the waste exhibits a
characteristic, the waste will carry one or more of the characteristic EPA
hazardous waste numbers under rules
3745-51-20
to
3745-51-24
of the Administrative Code, except when the treatment standard for the listed
waste operates in lieu of the treatment standard for the characteristic waste,
as specified in paragraph (B) of this rule. If the generator determines that
the generator's waste displays a hazardous characteristic (and is not D001
nonwastewater treated by CMBST, RORGS, or POLYM in the table in rule
3745-270-42
of the Administrative Code), the generator shall determine
the "underlying hazardous constituents" (as
defined in rule
3745-270-02
of the Administrative Code) in the characteristic waste.
(B) Where a prohibited waste is both listed
under rules
3745-51-30
to
3745-51-35
of the Administrative Code and exhibits a characteristic under rules
3745-51-20
to
3745-51-24
of the Administrative Code, the treatment standard for the EPA hazardous waste
number listed in rules
3745-51-30
to
3745-51-35
of the Administrative Code will operate in lieu of the standard for the EPA
hazardous waste number under rules
3745-51-20
to
3745-51-24
of the Administrative Code, provided that the treatment standard for the listed
waste includes a treatment standard for the constituent that causes the waste
to exhibit the characteristic. Otherwise, the waste shall meet the treatment
standards for all applicable listed and characteristic EPA hazardous waste
numbers.
(C) In addition to any
applicable standards determined from the initial point of generation, no
prohibited waste which exhibits a characteristic under rules
3745-51-20
to
3745-51-24
of the Administrative Code may be land disposed unless the waste complies with
the treatment standards under rules
3745-270-40
to
3745-270-49
of the Administrative Code.
(D)
Wastes that exhibit a characteristic are also subject to rule
3745-270-07
of the Administrative Code, except that once the waste is no longer hazardous,
a one-time notification and certification shall be placed in the generator's or
treater's on-site files. The notification and certification shall be updated if
the process or operation generating the waste changes or if the licensed solid
waste landfill facility receiving the waste changes.
(1) The notification shall include the
following information:
(a) The name and
address of the licensed solid waste facility receiving the waste
shipment.
;
and
(b) A description of the
waste as initially generated, including the applicable EPA hazardous waste
numbers, treatability groups, and "underlying hazardous constituents" (as
defined in rule
3745-270-02
of the Administrative Code), unless the waste will be treated and monitored for
all underlying hazardous constituents. If all underlying hazardous constituents
will be treated and monitored, there is no requirement to list any of the
underlying hazardous constituents on the notice.
(2) The certification shall be signed by an
authorized representative and shall state the language in paragraph (B)(4) of
rule
3745-270-07
of the Administrative Code.
(a) If treatment
removes the characteristic but does not meet standards applicable to underlying
hazardous constituents, then the certification in paragraph (B)(4)(d) of rule
3745-270-07
of the Administrative Code applies.
(b) [Reserved.]
Notes
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 02/11/1992, 09/02/1997, 10/20/1998, 12/07/2000, 12/07/2004, 09/05/2010, 03/24/2017
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.