Ohio Admin. Code 3745-535-620 - Disposal restrictions

(A) The owner or operator shall not accept for disposal or dispose of any of the following materials:

(1) Asbestos or asbestos-containing waste material that is subject to the provisions of 40 C.F.R. Part 61, subpart M (1984), without the necessary permits.

(2) Containerized bulk liquids or non-containerized liquids. For the purposes of this rule, bulk liquid containers do not include small containers that are of a size normally found in household waste.

(3) Hazardous waste.

(4) PCB waste, unless otherwise authorized by 40 C.F.R. Part 761 (1978).

(5) Infectious waste, except as follows:

(a) Infectious waste transported and disposed of pursuant to division (B)(1)(a)(ii) of section 3734.021 of the Revised Code.

(b) Infectious waste that has been treated and rendered non-infectious pursuant to Chapter 3734. of the Revised Code and the rules adopted thereunder.

(6) Source-separated yard waste, except as follows:

(a) Source-separated yard waste resulting from storm damage or other natural catastrophe, upon written acknowledgment from Ohio EPA or the local solid waste management district of the temporary need for disposal.

(b) Source-separated yard waste that has been refused by a composting facility registered or licensed in accordance with Chapter 3745-560 of the Administrative Code. Upon acceptance of the yard waste, the owner or operator shall obtain documentation of the refused load that identifies the vehicle, the vehicle's load, the compost facility that refused acceptance of the yard waste, and the date of refusal on a form prescribed by the director and place the documentation in the daily log of operations as specified in rule 3745-535-600 of the Administrative Code.

(c) Tree trunks and stumps.

(7) Whole scrap tires or shredded scrap tires except as follows:

(a) Burned and partially burned scrap tires, pyrolytic oil, and contaminated soils, provided that those materials meet the definition of a solid waste.

(b) Scrap tire pieces from a licensed scrap tire recovery facility that are the byproduct of the processing of scrap tires.

(c) Whole scrap tires that could not be processed by a licensed scrap tire recovery facility and are accompanied by documentation from the licensed scrap tire recovery facility indicating that the load of scrap tires was rejected.

(d) Authorized beneficial uses of scrap tires pursuant to Chapter 3745-580 of the Administrative Code.

(8) Low-level radioactive waste as specified in section 3734.027 of the Revised Code.

(9) Semi-solid material containing free liquids determined in accordance with "Test Methods for Evaluating Solid Waste (SW-846)," unless the owner or operator has obtained prior written authorization from Ohio EPA to dispose of the semisolid material in the facility.

(10) Technologically enhanced naturally occurring radioactive material, except technologically enhanced naturally occurring radioactive material in compliance with divisions (P) and (Q) of section 3734.02 of the Revised Code.

(11) Secondary aluminum waste or municipal solid waste that has been commingled with secondary aluminum waste, unless otherwise authorized in accordance with division (O)(3) of section 3734.02 of the Revised Code.

(B) PCB waste and hazardous waste prevention and detection program.

(1) Upon detection of a suspected PCB waste or hazardous waste, the owner or operator shall do the following:

(a) Place the suspected PCB waste or hazardous waste in a designated area that is not the working face and manage the waste in a manner that is protective of human health and the environment.

(b) Determine whether the wastes are PCB waste or hazardous waste.

(c) If the waste is confirmed to be PCB waste or hazardous waste, implement the notifications procedures specified in paragraph (B)(2)(e) of this rule, manage the PCB waste or hazardous waste in accordance with applicable state and federal rules and laws, and take such actions as are necessary to attain compliance with applicable state and federal rules and laws.

(2) The owner or operator shall implement a written plan at the facility with procedures that are sufficient to detect and prevent the disposal of PCB waste and hazardous waste and contains at a minimum the following:

(a) A detection program consisting of at a minimum one of the following:

(i) A random inspection program where the owner or operator inspects incoming loads at the facility as follows:

(a) By means of a random numbers table or other equivalent method established prior to the start of the business day.

(b) At a frequency sufficient to ensure that incoming loads do not contain regulated PCB waste or hazardous waste, but not less than one inspection per fifty incoming loads.

(c) The owner or operator may exclude loads exclusively from community operations, such as waste derived from households including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas.

(ii) A pre-acceptance waste screening program that includes at a minimum the following:

(a) A description of the type of wastes, characteristics, and samples that need evaluation by the owner or operator prior to acceptance at the facility.

(b) A specification, based on the type of waste, that the owner or operator obtain a written description of the waste from the generator of the waste including its source, physical and chemical characteristics and analytic data if available, and certification that the material does not contain PCB waste or hazardous waste.

(c) A specification, based on the type of waste, that the owner or operator obtain a representative sample of the waste from the generator, a certification from the generator that the sample is representative of the waste stream, and a description of the circumstances in which sample analysis is necessary.

(d) A description of the procedures and personnel, including professional qualifications, responsible for determining waste acceptance and for documenting a decision on waste acceptance.

(b) Procedures to be implemented upon detection or suspected detection of PCB waste or hazardous waste.

(c) Procedures for creating and maintaining records, including inspection records, generator certifications, waste screening documentation, and notifications.

(d) Procedures for training of facility personnel for personal safety and to recognize regulated hazardous waste and PCB waste.

(e) Procedures for notifying the appropriate Ohio EPA district office and approved health district upon the discovery of a regulated hazardous waste or PCB waste at the facility including a notification to Ohio EPA and the approved health district not later than twenty-four hours by telephone and not later than seven days in writing. The notification shall identify all generators, transporters, and brokers of the wastes and indicate where the waste was disposed of at the facility, if applicable.

(C) Incorporation by reference. The text of the incorporated materials is not included in this rule and is hereby made a part of this rule. Only the specific version specified in this rule is incorporated. Any amendment or revision to a referenced document is not incorporated until this rule has been amended to specify the new version. The materials incorporated by reference include specifications of the "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods, third edition, including Volume IV, Field Manual (SW-846)." Information and copies may be obtained by writing to: "National Technical Information Service, U.S. Department of Commerce, 5301 Shawnee Road, Alexandria, VA 22312." The full text is also available in electronic format at https://www.epa.gov/hw-sw846/sw-846-compendium . These test methods are also available for inspection and copying at most public libraries and "The State Library of Ohio."

Replaces: 3745-27-19

Notes

Ohio Admin. Code 3745-535-620

Effective: 6/15/2024
Five Year Review (FYR) Dates: 06/15/2029
Promulgated Under: 119.03
Statutory Authority: 3734.02, 3734.12
Rule Amplifies: 3734.02, 3734.021, 3734.027, 3734.05, 3734.12
Prior Effective Dates: 07/29/1976, 03/01/1990, 06/01/1994, 02/01/1995, 03/01/1996, 08/15/2003, 07/01/2004, 11/01/2007, 01/01/2017