Ohio Admin. Code 3745-65-90 - Applicability- ground water monitoring
(A) Before November 19, 1981, the owner or
operator of a surface impoundment, landfill, or land treatment facility which
is used to manage hazardous waste shall implement a ground water monitoring
program capable of determining the facility's impact on the quality of ground
water in the uppermost aquifer underlying the facility, except as rule
3745-65-01
of the Administrative Code and paragraph (C) of this rule provide
otherwise.
(B) Except as paragraphs
(C) and (D) of this rule provide otherwise, the owner or operator shall
install, operate, and maintain a ground water monitoring system which meets the
requirements of rule
3745-65-91
of the Administrative Code and shall comply with rules
3745-65-92
to
3745-65-94
of the Administrative Code. This ground water monitoring program shall be
carried out during the active life of the facility, and for disposal
facilities, during the post-closure care period as well.
(C) All or part of the ground water
monitoring requirements of rules 3745-65-90 to
3745-65-94
of the Administrative Code may be waived if the owner or operator can
demonstrate that there is a low potential for migration of hazardous waste or
hazardous waste constituents from the facility via the uppermost aquifer to
water supply wells (domestic, industrial, or agricultural) or to surface water.
This demonstration shall be in writing, and shall
be kept at the facility. This demonstration shall be certified by a qualified
geologist or geotechnical engineer and shall establish the following:
(1) The potential for migration of hazardous
waste or hazardous waste constituents from the facility to the uppermost
aquifer, by an evaluation of:
(a) A water
balance of precipitation, evapotranspiration, run-off, and infiltration.
; and
(b) Unsaturated zone characteristics (i.e.,
geologic materials, physical properties, and depth to ground water).
; and
(2) The potential for hazardous
waste or hazardous waste constituents which enter the uppermost aquifer to
migrate to a water supply well or surface water, by an evaluation of:
(a) Saturated zone characteristics (i.e.,
geologic materials, physical properties, and rate of ground water flow).
; and
(b) The proximity of the facility to water
supply wells or surface water.
(D) If an owner or operator assumes (or
knows) that ground water monitoring of indicator parameters in accordance with
rules
3745-65-91
and
3745-65-92
of the Administrative Code would show statistically significant
increases,
(
or decreases in the case of pH,
) when evaluated under paragraph (B) of rule
3745-65-93
of the Administrative Code, the owner or operator may install, operate, and
maintain an alternate ground water monitoring system ( other than the one described in rules
3745-65-91
and
3745-65-92
of the Administrative Code) . If the owner or
operator decides to use an alternate ground water monitoring system the owner
or operator shall:
(1) Before November 19,
1981, submit to the director
develop a specific plan, certified by a qualified
geologist or geotechnical engineer, which satisfies the requirements of
paragraph (D)(3) of rule
3745-65-93
of the Administrative Code, for an alternate ground water monitoring system.
This plan is to be placed in the facility's operating
record and maintained until closure of the facility.
(2) Not later than November 19, 1981,
initiate the determinations specified in paragraph (D)(4) of rule
3745-65-93
of the Administrative Code.
(3)
Prepare and submit a
written report in accordance with paragraph
(D)(5) of rule
3745-65-93
of the Administrative Code and place the report in the
facility's operating record and maintain the report until closure of the
facility .
(4) Continue to
make the determinations specified in paragraph (D)(4) of rule
3745-65-93
of the Administrative Code on a quarterly basis until final closure of the
facility.
;
and
(5) Comply with the
recordkeeping and reporting requirements in paragraph (B) of rule
3745-65-94
of the Administrative Code.
(E) The ground water monitoring requirements
of rules 3745-65-90 to
3745-65-94
of the Administrative Code may be waived with respect to any surface
impoundment that both:
(1) Is used to neutralize wastes which are
hazardous solely because the wastes exhibit the characteristic of corrosivity
under rule
3745-51-22
of the Administrative Code or are listed as hazardous wastes in rules
3745-51-30
to
3745-51-35
of the Administrative Code only for this reason.
; and
(2) Contains no other hazardous wastes, if
the owner or operator can demonstrate that there
is no potential for migration of hazardous wastes from the impoundment. The
demonstration shall establish, based upon consideration of the characteristics
of the wastes and the impoundment, that the corrosive wastes will be
neutralized to the extent that the wastes no longer meet the characteristic of
corrosivity before the wastes can migrate out of the impoundment. The
demonstration shall be in writing and shall be certified by a qualified
professional.
(F) The
director may replace all or part of the requirements of rules 3745-65-90 to
3745-65-94
of the Administrative Code that apply to a "regulated unit" (as defined in rule
3745-54-90
of the Administrative Code), with alternative
requirements developed for ground water monitoring provided in an approved
closure plan or postclosure plan or in an
"enforceable document" [as defined in paragraph (G) of rule
3745-50-45
of the Administrative Code], where the director
determines that both:
(1) A 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 units (or areas of concern) are
likely to have contributed to the release.
; and
(2) It is not necessary to apply the
requirements of rules 3745-65-90 to
3745-65-94
of the Administrative Code because the alternative requirements will protect
human health and the environment. The alternative standards for the regulated
unit shall meet the requirements of paragraph (A) of rule
3745-54-101
of the Administrative Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 04/15/1981, 01/07/1983, 11/29/1983, 05/29/1985 (Emer.), 08/29/1985, 09/02/1997, 03/09/2001, 12/07/2004, 09/05/2010, 03/24/2017
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