Ohio Admin. Code 3745-54-100 - Corrective action program
An owner or operator required to establish a corrective action program under rules 3745-54-90 to 3745-54-101 of the Administrative Code must, at a minimum, discharge the following responsibilities:
(A) The owner or
operator must take corrective action to ensure that regulated units are in
compliance with the ground water protection standard under rule
3745-54-92
of the Administrative Code. The permit will specify the ground water protection
standard and will include:
(1) A list of the
hazardous constituents identified under rule
3745-54-93
of the Administrative Code;
(2)
Concentration limits under rule
3745-54-94
of the Administrative Code for each of those hazardous constituents;
(3) The compliance point under rule
3745-54-95 of
the Administrative Code; and
(4)
The compliance period under rule
3745-54-96 of
the Administrative Code.
(B) The owner or operator must implement a
corrective action program that prevents hazardous constituents from exceeding
their respective concentration limits at the compliance point by removing the
hazardous waste constituents or treating them in place. The permit will specify
the specific measures that will be taken.
(C) The owner or operator must begin
corrective action within a reasonable time period after the ground water
protection standard is exceeded. The permit will specify that time period. If a
facility permit includes a corrective action program in addition to a
compliance monitoring program, the permit will specify when the corrective
action will begin and such a requirement will operate in lieu of paragraph
(I)(2) of rule
3745-54-99
of the Administrative Code.
(D) In
conjunction with a corrective action program, the owner or operator must
establish and implement a ground water monitoring program to demonstrate the
effectiveness of the corrective action program. Such a monitoring program may
be based on the requirements for a compliance monitoring program under rule
3745-54-99
of the Administrative Code and must be as effective as that program in
determining compliance with the ground water protection standard under rule
3745-54-92
of the Administrative Code and in determining the success of a corrective
action program under paragraph (E) of this rule, where appropriate.
(E) In addition to the other requirements of
this rule, the owner or operator must conduct a corrective action program to
remove or treat in place any hazardous constituents under rule
3745-54-93
of the Administrative Code that exceed concentration limits under rule
3745-54-94
of the Administrative Code in ground water:
(1) Between the compliance point under rule
3745-54-95 of
the Administrative Code and the downgradient property boundary; and
(2) Beyond the facility boundary, where
necessary to protect human health and the environment, unless the owner or
operator demonstrates to the satisfaction of the director that, despite the
owner's or operator's best efforts, the owner or operator was unable to obtain
the necessary permission to undertake such action. The owner/operator is not
relieved of all responsibility to clean up a release that has migrated beyond
the facility boundary where off-site access is denied. On-site measures to
address such releases will be determined on a case-by-case basis.
(3) Corrective action measures under
paragraphs (E) to (E)(4) of this rule must be initiated and completed within a
reasonable period of time considering the extent of contamination.
(4) Corrective action measures under
paragraphs (E) to (E)(4) of this rule may be terminated once the concentration
of hazardous constituents under rule
3745-54-93
of the Administrative Code is reduced to levels below their respective
concentration limits under rule
3745-54-94
of the Administrative Code.
(F) The owner or operator must continue
corrective action measures during the compliance period to the extent necessary
to ensure that the ground water protection standard is not exceeded. If the
owner or operator is conducting corrective action at the end of the compliance
period, he must continue that corrective action for as long as necessary to
achieve compliance with the ground water protection standard. The owner or
operator may terminate corrective action measures taken beyond the period equal
to the active life of the waste management area (including the closure period)
if he can demonstrate, based on data from the ground water monitoring program
under paragraph (D) of this rule, that the ground water protection standard of
rule
3745-54-92
of the Administrative Code has not been exceeded for a period of three
consecutive years.
(G) The owner or
operator must report in writing to the director on the effectiveness of the
corrective action program. The owner or operator must submit these reports
semiannually
annually .
(H) If the owner or operator determines that
the corrective action program no longer satisfies the requirements of this
rule, he must, within ninety days, submit an application for a permit
modification to make any appropriate changes to the program.
Notes
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 08/30/1984, 05/29/1985 (Emer.), 08/29/1985, 06/29/1990, 02/11/1992, 10/20/1998, 03/13/2002, 12/07/2004
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