Ohio Admin. Code 3745-66-21 - Post-closure requirements for facilities that obtain enforceable documents in lieu of post-closure permits
(A) Owners and operators who are subject to
the requirement to obtain a post-closure permit under rule
3745-50-45
of the Administrative Code, but who obtain enforceable documents in lieu of
post-closure permits, as provided under paragraph (G) of rule
3745-50-45
of the Administrative Code, must comply with the following requirements:
(1) The requirements to submit information
about the facility in paragraph (C)(14) of rule
3745-50-44
of the Administrative Code;
(2) The
requirements for facility-wide corrective action in rule
3745-54-101
of the Administrative Code;
(B)
(1) The
director, in issuing enforceable documents under this rule in lieu of permits,
will assure a meaningful opportunity for public involvement which, at a
minimum, includes public notice and opportunity for public comment:
(a) When Ohio EPA becomes involved in a
remediation at the facility as a regulatory or enforcement matter;
(b) On the proposed preferred remedy and the
assumptions upon which the remedy is based, in particular those related to land
use and site characterization; and
(c) At the time of a proposed decision that
remedial action is complete at the facility. These requirements must be met
before the director may consider that the facility has met the requirements of
paragraph (G) of rule
3745-50-45
of the Administrative Code, unless the facility qualifies for a modification to
these public involvement procedures under paragraph (B)(2) or (B)(3) of this
rule.
(2) If the
director determines that even a short delay in the implementation of a remedy
would adversely affect human health or the environment, he may delay compliance
with the requirements of paragraph (B)(1) of this rule and implement the remedy
immediately. However, the director will assure involvement of the public at the
earliest opportunity, and, in all cases, upon making the decision that
additional remedial action is not needed at the facility.
(3) The director may allow a remediation
initiated prior to October 22, 1998 to substitute for corrective action
required under a post-closure permit even if the public involvement
requirements of paragraph (B)(1) of this rule have not been met, so long as he
assures that notice and comment on the decision that no further remediation is
necessary to protect human health and the environment takes place at the
earliest reasonable opportunity after the first effective date of this rule.
Notes
Rule promulgated under: RC 119.03
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
RC 119.032 Review Date: Exempt
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.