Ohio Admin. Code 3745-54-93 - Hazardous constituents
(A)
The permit
director will specify in the
facility permit the hazardous constituents to which the ground water
protection standard of rule
3745-54-92
of the Administrative Code applies. Hazardous constituents are constituents
identified in the appendix to rule
3745-51-11
of the Administrative Code that have been detected in ground water in the
uppermost aquifer underlying a regulated unit and that are reasonably expected
to be in or derived from waste contained in a regulated unit, unless
the director has excluded such hazardous
constituents have been excluded under
paragraph (B) of this rule.
(B)
A constituent listed in the appendix to rule
3745-51-11
will be excluded from the list of hazardous constituents specified in the
facility permit if it is found
The director
will exclude from the list of hazardous constituents in the facility permit any
constituent shown in the apppendix to rule
3745-51-11
of the Administrative Code if the director finds that the constituent is
not capable of posing a substantial present or potential hazard to human health
or the environment. In deciding whether to grant an exemption, the director
shall consider the following:
(1) Potential
adverse effects on ground water quality, considering the following:
(a)
The physical and chemical characteristics of the waste in the regulated unit,
including the potential for migration.
of the waste;
(b) The hydrogeological characteristics of
the facility and surrounding land.
;
(c) The
quantity of ground water and the direction of ground water flow.
;
(d) The proximity and withdrawal rates of
ground water users.
;
(e) The
current and future uses of ground water in the area;
(f) The
existing quality of ground water, including other sources of contamination and
the cumulative impact of other sources of
contamination on the ground water quality.
;
(g) The potential for health risks caused by
human exposure to waste constituents.
;
(h) The
potential damage to wildlife, crops, vegetation, and physical structures caused
by exposure to waste constituents.
;
(i) The
persistence and permanence of the potential adverse effects.
; and
(2) Potential adverse effects on
hydraulically connected surface water quality, considering
the following:
(a) The volume and physical and chemical
characteristics of the waste in the regulated unit.
;
(b) The hydrogeological characteristics of
the facility and surrounding land.
;
(c) The
quantity and quality of ground water, and the direction of ground water
flow.
;
(d) The
patterns of rainfall in the region.
;
(e) The
proximity of the regulated unit to surface waters.
;
(f) The current and future uses of surface
waters in the area and any water quality standards established for those
surface waters.
;
(g) The
existing quality of surface water, including other sources of contamination and
the cumulative impact on surface water quality.
;
(h) The potential for health risks caused by
exposure to waste constituents.
;
(i) The
potential damage to wildlife, crops, vegetation, and physical structures caused
by exposure to waste constituents.
; and
(j)
The persistence and permanence of the potential adverse effects.
(C)
In making any decision under paragraph (B) of this rule
about the use of ground water in the area around the facility, the director
will consider any identification of underground sources of drinking water and
exempted aquifers made under
40 CFR
144.8.
Notes
Promulgated Under: 119.03
Statutory Authority: 3734.2
Rule Amplifies: 3734.12
Prior Effective Dates: 08/30/1984, 01/30/1986, 11/13/1987, 12/08/1988, 06/29/1990, 02/11/1992, 02/12/2018
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