Ohio Admin. Code 3745-55-40 - Applicability- financial requirements
(A) The requirements of rules
3745-55-42,
3745-55-43,
and
3745-55-47
to
3745-55-51
of the Administrative Code apply to owners and operators of all hazardous waste
facilities, except as provided otherwise in this rule or rule
3745-54-01
of the Administrative Code.
(B) The
requirements of rules
3745-55-44
and
3745-55-45
of the Administrative Code apply only to owners and operators of:
(1) Disposal facilities;
(2) Piles, and surface impoundments from
which the owner or operator intends to remove the wastes at closure, to the
extent that rules
3745-55-44
and
3745-55-45
of the Administrative Code are made applicable to such facilities in rules
3745-56-28
and
3745-56-58
of the Administrative Code;
(3)
Tank systems that are required under rule
3745-55-97
of the Administrative Code to meet the requirements for landfills; and
(4) Containment buildings that are
required under rule
3745-205-102
of the Administrative Code to meet the requirements for landfills.
(C) The state of Ohio and the
federal government are exempt from the requirements of rules 3745-55-40 to
3745-55-51
of the Administrative Code.
(D) The
director may replace all or part of the requirements of rules 3745-55-40 to
3745-55-51
of the Administrative Code that apply to a regulated unit with alternate
requirements of financial assurance set out in the permit or in an enforceable
document(as defined in rule
3745-50-45
of the Administrative Code) where the director:
(1) Prescribes alternative requirements for
the regulated unit under paragraph (F) of rule
3745-54-90
and /or paragraph (D)
(C) of rule
3745-55-10
of the Administrative Code; and
(2)
Determines that it is not necessary to apply the requirements of rules
3745-55-40 to
3745-55-51
of the Administrative Code because the alternative financial assurance
requirements will protect human health and the environment.
Notes
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 08/26/1983 (Emer.), 11/29/1983, 05/29/1985 (Emer.), 08/29/1985, 12/08/1988, 12/07/2000, 12/07/2004
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