Ohio Admin. Code 3745-54-90 - Applicability - ground water protection
(A)
(1)
Except as provided in paragraph (B) of this rule, rules 3745-54-90 to
3745-54-101
of the Administrative Code apply to owners or operators of facilities that
treat, store, or dispose of hazardous waste. The owner or operator must satisfy
the requirements identified in paragraph (A)(2) of this rule for all wastes(or
constituents thereof) contained in waste management units at the facility,
regardless of the time at which waste was placed in such units.
(2) All waste management units must comply
with the requirements in rule
3745-54-101
of the Administrative Code. A surface impoundment, waste pile, and land
treatment unit or landfill that receives hazardous waste after July 26,
1982(hereinafter referred to as a "regulated unit") must comply with the
requirements of rules
3745-54-91 to
3745-54-100
of the Administrative Code in lieu of rule
3745-54-101
of the Administrative Code for purposes of detecting, characterizing, and
responding to releases to the uppermost aquifer. The financial responsibility
requirements of rule
3745-54-101
of the Administrative Code apply to regulated units.
(B) The owner or operator's regulated unit or
units are not subject to regulation for releases into the uppermost aquifer
under rules 3745-54-90 to
3745-54-101
of the Administrative Code if:
(1) The owner
or operator is exempted under rule
3745-54-01
of the Administrative Code; or
(2)
He operates a unit which the director finds:
(a) Is an engineered structure,
(b) Does not receive or contain liquid waste
or waste containing free liquids,
(c) Is designed and operated to exclude
liquid, precipitation, and other run-on and run-off,
(d) Has both inner and outer layers of
containment enclosing the waste,
(e) Has a leak detection system built into
each containment layer,
(f) The
owner or operator will provide continuing operation and maintenance of these
leak detection systems during the active life of the unit and the closure and
post-closure care periods, and
(g)
To a reasonable degree of certainty, will not allow hazardous constituents to
migrate beyond the outer containment layer prior to the end of the post-closure
care period.
(3) The
director finds, pursuant to paragraph (D) of rule
3745-56-80
of the Administrative Code, that the treatment zone of a land treatment unit
that qualifies as a regulated unit does not contain levels of hazardous
constituents that are above background levels of those constituents by an
amount that is statistically significant, and if an unsaturated zone monitoring
program meeting the requirements of rule
3745-56-78
of the Administrative Code has not shown a statistically significant increase
in hazardous constituents below the treatment zone during the operating life of
the unit. An exemption under paragraphs (B) to (B)(5) of this rule can only
relieve an owner or operator of responsibility to meet the requirements of
rules 3745-54-90 to
3745-54-101
of the Administrative Code during the post-closure care period; or
(4) The director finds that there is no
potential for migration of liquid from a regulated unit to the uppermost
aquifer during the active life of the regulated unit (including the closure
period) and the post-closure care period specified under rule
3745-55-17
of the Administrative Code. This demonstration must be certified by a qualified
geologist or geotechnical engineer. In order to provide an adequate margin of
safety in the prediction of potential migration of liquid, the owner or
operator must base any predictions made under paragraphs (B) to (B)(5) of this
rule on assumptions that maximize the rate of liquid migration.
(5) He designs and operates a pile in
compliance with paragraph (C) of rule
3745-56-50
of the Administrative Code.
(C) Rules 3745-54-90 to
3745-54-101
of the Administrative Code apply during the active life of the regulated
unit(including the closure period). After closure of the regulated unit, rules
3745-54-90 to
3745-54-101
of the Administrative Code:
(1) Do not apply
if all waste, waste residues, contaminated containment system components, and
contaminated subsoils are removed or decontaminated at closure;
(2) Apply during the post-closure care period
under rule
3745-55-17
of the Administrative Code if the owner or operator is conducting a detection
monitoring program under rule
3745-54-98
of the Administrative Code; or
(3)
Apply during the compliance period under rule
3745-54-96 of
the Administrative Code if the owner or operator is conducting a compliance
monitoring program under rule
3745-54-99
of the Administrative Code or a corrective action program under rule
3745-54-100
of the Administrative Code.
(D) Rules 3745-54-90 to
3745-54-101
of the Administrative Code may apply to miscellaneous units when necessary to
comply with rules
3745-57-91
to
3745-57-93 of
the Administrative Code.
(E) Rules
3745-54-90 to
3745-54-101
of the Administrative Code apply to all owners and operators subject to the
requirements of paragraph (G) of rule
3745-50-45
of the Administrative Code, when Ohio EPA issues either a post-closure permit
or an enforceable document[as defined in paragraph (G) of rule
3745-50-45
of the Administrative Code] at the facility. When Ohio EPA issues an
enforceable document, references to "in the permit" mean "in the enforceable
document" in rules 3745-54-90 to
3745-54-101
of the Administrative Code.
(F) The
director may replace all or part of the requirements of rules
3745-54-91 to
3745-54-100
of the Administrative Code that apply to a regulated unit with alternative
requirements for ground water monitoring and corrective action for releases to
ground water set out in the permit[or in an enforceable document, as defined in
paragraph (G) of rule
3745-50-45
of the Administrative Code] where the director determines that:
(1) The regulated unit is situated among
waste management units (or areas of concern), a release has occurred, and both
the regulated unit and one or more waste management unit(s) (or areas of
concern) are likely to have contributed to the release; and
(2) It is not necessary to apply the ground
water monitoring and corrective action requirements of rules
3745-54-91 to
3745-54-100
of the Administrative Code because alternative requirements 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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