(A) The owner or operator of a facility
must
shall
prevent the unknowing entry, and minimize the possibility for the unauthorized
entry, of persons or livestock onto the active portion of the facility, unless:
(1) Physical contact with the waste,
structures, or equipment within the active portion of the facility will not
injure livestock or unknowing or unauthorized persons
which
who may
enter the active portion of a facility
,
; and
(2)
Disturbance of the waste or equipment, by
livestock
or the unknowing or unauthorized entry of persons
or livestock onto the active portion of a
facility, will not cause a violation of the requirements of Chapters 3745-65 to
3745-69 and 3745-256 of the Administrative Code.
(B) Unless exempt under paragraphs (A)(1) and
(A)(2) of this rule, a facility
must
shall have:
(1)
A
twenty-four-hour
twenty-four hour surveillance system (e.g., television
monitoring or surveillance by guards or facility personnel) which continuously
monitors and controls entry onto the active portion of the facility;
or
(2)
(a) An artificial or natural barrier (e.g., a
fence in good repair or a fence combined with a cliff), which completely
surrounds the active portion of the facility; and
(b) A means to control entry, at all times,
through the gates or other entrances to the active portion of the facility
(e.g., an attendant, television monitors, locked entrance, or controlled
roadway access to the facility).
[Comment: The requirements of paragraph (B) of this rule are
satisfied if the facility or plant within which the active portion is located
itself has a surveillance system, or a barrier and a means to control entry,
which complies with the requirements of paragraph (B)(1) or (B)(2) of this
rule.]
(C) Unless exempt under paragraphs (A)(1) and
(A)(2) of this rule, a sign with the legend, "Danger - Unauthorized Personnel
Keep Out,"
must
shall be posted at each entrance to the active portion
of a facility, and at other locations, in sufficient numbers to be seen from
any approach to this active portion. The legend
must
shall be
written in English and legible from a distance of
at least twenty-five feet. Existing signs with a legend other than "Danger -
Unauthorized Personnel Keep Out" may be used if the legend on the sign
indicates that only authorized personnel are allowed to enter the active
portion, and that entry onto the active portion can be dangerous.
[Comment: See paragraph (B) of rule
3745-66-17
of the Administrative Code for discussion of security requirements at disposal
facilities during the post-closure care period.]
[Comment: See paragraph (B) of rule
3745-66-17
of the Administrative Code for discussion of security requirements at disposal
facilities during the post-closure care period.]
Notes
Ohio Admin. Code
3745-65-14
Effective:
10/23/2022
Five Year Review (FYR) Dates: Exempt
Promulgated Under:
119.03
Statutory Authority:
3734.12
Rule Amplifies:
3734.12
Prior Effective Dates: 04/15/1981, 01/07/1983, 12/07/2000,
12/07/2004
