(A) Within ninety days after receiving the
final volume of hazardous wastes, or the final volume of nonhazardous wastes if
the owner or operator complies with all applicable requirements in paragraphs
(D) and (E) of this rule, at a hazardous waste management unit or facility, or
within ninety days after approval of the closure plan, whichever is later, the
owner or operator must treat, remove from the unit or facility, or dispose of
on-site, all hazardous wastes in accordance with the approved closure plan. The
director may approve a longer period if the owner or operator demonstrates
that:
(1)
(a) The activities required to comply with
paragraphs (A) to (A)(2) of this rule will, of necessity, take longer than
ninety days to complete; or
(b)
(i) The hazardous waste management unit or
facility has the capacity to receive additional hazardous wastes, or has the
capacity to receive nonhazardous wastes if the facility owner or operator
complies with paragraphs (D) and (E) of this rule; and
(ii) There is a reasonable likelihood that he
or another person will recommence operation of the hazardous waste management
unit or the facility within one year; and
(iii) Closure of the hazardous waste
management unit or facility would be incompatible with continued operation of
the hazardous waste management unit or facility; and
(2) He has taken and will continue
to take all steps to prevent threats to human health and the environment,
including compliance with all applicable requirements in Chapters 3745-65 to
3745-69 and 3745-256 of the Administrative Code.
(B) The owner or operator must complete
partial and final closure activities in accordance with the approved closure
plan and within one hundred eighty days after receiving the final volume of
hazardous wastes, or the final volume of nonhazardous wastes if the owner or
operator complies with all applicable requirements in paragraphs (D) and (E) of
this rule, at the hazardous waste management unit or facility, or one hundred
eighty days after approval of the closure plan, if that is later. The director
may approve an extension to the closure period if the owner or operator
demonstrates that:
(1)
(a) The partial or final closure activities
will, of necessity, take longer than one hundred eighty days to complete; or
(b)
(i) The hazardous waste management unit or
facility has the capacity to receive additional hazardous wastes, or has the
capacity to receive nonhazardous wastes if the facility owner or operator
complies with paragraphs (D) and (E) of this rule; and
(ii) There is a reasonable likelihood that he
or another person will recommence operation of the hazardous waste management
unit or facility within one year; and
(iii) Closure of the hazardous waste
management unit or facility would be incompatible with continued operation of
the site; and
(2) He has taken and will continue to take
all steps to prevent threats to human health and the environment from the
unclosed but not operating hazardous waste management unit or facility,
including compliance with all applicable requirements in Chapters 3745-65 to
3745-69 and 3745-256 of the Administrative Code.
(C) The demonstrations referred to in
paragraphs (A)(1) and (B)(1) of this rule must be made as follows:
(1) The demonstrations referred to in
paragraph (A)(1) of this rule must be made at least thirty days prior to the
expiration of the ninety-day period in paragraph (A) of this rule; and
(2) The demonstrations in
paragraph (B)(1) of this rule must be made at least thirty days prior to the
expiration of the one-hundred-eighty-day period in paragraph (B) of this rule,
unless the owner or operator is otherwise subject to the deadlines in paragraph
(D) of this rule.
(D)
The director may allow an owner or operator to receive nonhazardous waste in a
landfill, land treatment, or surface impoundment unit after the final receipt
of hazardous wastes at that unit if:
(1) The
owner or operator submits an amended "Part B" application, or a "Part B"
application, if not previously required, and demonstrates that:
(a) The unit has the existing design capacity
as indicated on the "Part A" application to receive nonhazardous wastes; and
(b) There is a reasonable
likelihood that the owner or operator or another person will receive
nonhazardous waste in the unit within one year after the final receipt of
hazardous wastes; and
(c) The
nonhazardous wastes will not be incompatible with any remaining wastes in the
unit or with the facility design and operating requirements of the unit or
facility under Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative
Code; and
(d) Closure of the
hazardous waste management unit would be incompatible with continued operation
of the unit or facility; and
(e)
The owner or operator is operating and will continue to operate in compliance
with all applicable requirements in the hazardous waste rules; and
(2) The "Part B" application
includes an amended waste analysis plan, ground water monitoring and response
program, human exposure assessment required under RCRA
section
Section 3019, and closure and post-closure plans, and
updated cost estimates and demonstrations of financial assurance for closure
and post-closure care as necessary and appropriate to reflect any changes due
to the presence of hazardous constituents in the nonhazardous wastes, and
changes in closure activities, including the expected year of closure if
applicable under paragraph (B)(7) of rule
3745-66-12
of the Administrative Code, as a result of the receipt of nonhazardous wastes
following the final receipt of hazardous wastes; and
(3) The "Part B" application is amended, as
necessary and appropriate, to account for the receipt of nonhazardous wastes
following receipt of the final volume of hazardous wastes; and
(4) The "Part B" application and the
demonstrations referred to in paragraphs (D)(1) and (D)(2) of this rule are
submitted to the director no later than one hundred eighty days prior to the
date on which the owner or operator of the facility receives the known final
volume of hazardous wastes, or no later than ninety days after February 11,
1992, whichever is later.
(E) In addition to the requirements in
paragraph (D) of this rule, an owner or operator of a hazardous waste surface
impoundment that is not in compliance with the liner and leachate collection
system requirements in 42 U.S.C.
3004(o)(1) and
42 U.S.C. 3005(j)(1) or
42
U.S.C. 42 U.S.C.
3004(o)(2) or
3004(o)(3) or
3005(j)(2),
3005(j)(3),
3005(j)(4) or
3005(j)(13) must:
(1) Submit with the "Part B" application:
(a) A contingent corrective measures plan;
and
(b) A plan for removing
hazardous wastes in compliance with paragraph (E)(2) of this rule; and
(2) Remove all
hazardous wastes from the unit by removing all hazardous liquids and removing
all hazardous sludges to the extent practicable without impairing the integrity
of the liner(s), if any.
(3)
Removal of hazardous wastes must be completed no later than ninety days after
the final receipt of hazardous wastes. The director may approve an extension to
this deadline if the owner or operator demonstrates that the removal of
hazardous wastes will, of necessity, take longer than the allotted period to
complete and that an extension will not pose a threat to human health and the
environment.
(4) If a release that
is a statistically significant increase (or decrease in the case of pH) in
hazardous constituents over background levels is detected in accordance with
the requirements in rules
3745-65-90
to
3745-65-94
of the Administrative Code, the owner or operator of the unit:
(a) Must implement corrective measures in
accordance with the approved contingent corrective measures plan required by
paragraph (E)(1) of this rule no later than one year after detection of the
release, or approval of the contingent corrective measures plan, whichever is
later;
(b) May receive wastes at
the unit following detection of the release only if the approved corrective
measures plan includes a demonstration that continued receipt of wastes will
not impede corrective action; and
(c) May be required by the director to
implement corrective measures in less than one year or to cease receipt of
wastes until corrective measures have been implemented if necessary to protect
human health and the environment.
(5) During the period of corrective action,
the owner or operator must provide
semi-annual
annual
reports to the director that describe
describing the progress of the corrective action
program, compile all ground water monitoring data, and evaluate the effect of
the continued receipt of nonhazardous wastes on the effectiveness of the
corrective action.
(6) The
director may require the owner or operator to commence closure of the unit if
the owner or operator fails to implement corrective action measures in
accordance with the approved contingent corrective measures plan within one
year as required in paragraph (E)(4) of this rule, or fails to make substantial
progress in implementing corrective action and achieving the facility's
background levels.
(7) If the owner
or operator fails to implement corrective measures as required in paragraph
(E)(4) of this rule, or if the director determines that substantial progress
has not been made pursuant to paragraph (E)(6) of this rule he will:
(a) Notify the owner or operator in writing
that the owner or operator must begin closure in accordance with the deadline
in paragraphs (A) and (B) of this rule and provide a detailed statement of
reasons for this determination, and
(b) Provide the owner or operator and the
public, through a newspaper notice, the opportunity to submit written comments
on the decision no later than twenty days after the date of the notice.
(c) If the director receives no
written comments, the decision will become final five days after the close of
the comment period. The director will notify the owner or operator that the
decision is final, and that a revised closure plan, if necessary, must be
submitted within fifteen days
of
after the final notice and that closure must begin in
accordance with the deadlines in paragraphs (A) and (B) of this rule.
(d) If the director receives
written comments on the decision, he will make a final decision within thirty
days after the end of the comment period, and provide the owner or operator in
writing and the public through a newspaper notice, a detailed statement of
reasons for the final decision. If the director determines that substantial
progress has not been made, closure must be initiated in accordance with the
deadlines in paragraphs (A) and (B) of this rule.
[Comment: For dates of
non-regulatory government publications, publications of recognized
organizations and associations, federal rules, and federal statutory provisions
referenced in this rule, see rule
3745-50-11oftheAdministrativeCodetitled"Incorporated by reference."]
[Comment: For dates of non-regulatory
government publications, publications of recognized organizations and
associations, federal rules, and federal statutory provisions referenced in
this rule, see rule
3745-50-11
of the Administrative Code titled"Incorporated by reference."]
Notes
Ohio Admin. Code
3745-66-13
Effective:
9/5/2010
R.C.
119.032 review dates: Exempt
Promulgated Under:
119.03
Statutory
Authority: 3734.12
Rule
Amplifies: 3734.12
Prior
Effective Dates: 04/15/1981, 01/07/1983, 11/13/1987, 02/11/1992, 02/14/1995,
12/07/2000, 12/07/2004