Ohio Admin. Code 3745-66-19 - Post-closure notices
(A) No later than sixty days after
certification of closure of each hazardous waste disposal unit, the owner or
operator must
shall submit to the local zoning authority, or the
authority with jurisdiction over local land use, and to the director, a record
of the type, location, and quantity of hazardous wastes disposed of within each
cell or other disposal unit of the facility. For hazardous wastes disposed of
before January 12, 1981, the owner or operator must
shall identify
the type, location, and quantity of the hazardous wastes to the best of
his
the owner's or
operator's knowledge and in accordance with any records
he
the owner or
operator has kept.
(B) Within
sixty days of
after certification of closure of the first hazardous
waste disposal unit and within sixty days of
after
certification of closure of the last hazardous waste disposal unit, the owner
or operator must
shall :
(1) Record,
in accordance with state law, a notation on the deed to the facility property,
or on some other instrument which is normally examined during title search,
that will notify in perpetuity the potential purchasers of the property that:
(a) The land has been used to manage
hazardous wastes; and
(b)
Its
The land
use is restricted under rules 3745-55-10 to
3745-55-20 and 3745-66-10 to 3745-66-21 of the Administrative Code;
and
(c) The survey plat and record
of the type, location, and quantity of hazardous wastes disposed of within each
cell or hazardous waste disposal unit of the facility required by rule
3745-66-16 of the
Administrative Code and paragraph (A) of this rule have been filed with the
local zoning authority or the authority with jurisdiction over local land use
and with the director; and
(2) Submit to the
director a certification signed by the owner or operator that
he
the owner or
operator has recorded the notation specified in paragraph (B)(1) of this
rule and a copy of the document in which the notation has been placed, to the director.
(C) If the owner or operator or any
subsequent owner of the land upon which a hazardous waste disposal unit was
located wishes to remove hazardous wastes and hazardous waste residues, the
liner, if any, and all contaminated structures, equipment, and soils,
he must
the owner
or operator shall request a modification to the approved postclosure plan
in accordance with the requirements of paragraph (G) of rule
3745-66-18
of the Administrative Code. The owner or operator must
shall
demonstrate that the removal of hazardous wastes will satisfy the criteria of
paragraph (C) of rule
3745-66-17
of the Administrative Code. By removing hazardous waste, the owner or operator
may become a generator of hazardous waste and must
shall manage
it
the hazardous
waste in accordance with all applicable requirements of Chapters 3745-50
to 3745-69, 3745-205, 3745-256, 3745-266, 3745-270, 3745-273, and 3745-279 of
the Administrative Code. If the owner or operator is granted approval to
conduct the removal activities, the owner or operator may request that the
director approve either:
(1) The removal of
the notation on the deed to the facility property or other instrument normally
examined during title search; or
(2) The addition of a notation to the deed or
instrument indicating the removal of the hazardous waste.
Notes
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, 11/13/1987, 02/11/1992, 12/07/2000, 12/07/2004
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