Ohio Admin. Code 3745-66-40 - Applicability- financial requirements
(A) The requirements of rules
3745-66-42,
3745-66-43,
3745-66-47,
and
3745-66-48
of the Administrative Code apply to owners and operators of all hazardous waste
facilities, including underground injection control facilities, except as this
rule or rule
3745-65-01
of the Administrative Code provide otherwise.
(B) The requirements of rules
3745-66-44
and 3745-66-46
3745-66-45 of the Administrative Code apply only to
owners and operators of:
(1) Disposal
facilities;
(2) Tank systems that
are required under rule
3745-66-97
of the Administrative Code to meet the requirements for landfills; and
(3) Containment buildings that are
required under rule
3745-256-102
of the Administrative Code to meet the requirements for landfills.
(C) The state of Ohio and federal
agencies are exempt from the requirements of rules 3745-66-40 to
3745-66-48
of the Administrative Code.
(D) The
director may replace all or part of the requirements of rules 3745-66-40 to
3745-66-48
of the Administrative Code that apply to a regulated unit with alternative
requirements for financial assurance set out in the permit or in an enforceable
document[as defined in paragraph (G) of rule
3745-50-45
of the Administrative Code], where the director:
(1) Prescribes alternative requirements for
the regulated unit under paragraph (F) of rule
3745-65-90
and /or paragraph (D) of rule
3745-66-10
of the Administrative Code, and
(2)
Determines that it is not necessary to apply the requirements of rules
3745-66-40 to
3745-66-48
of the Administrative Code because the alternative financial assurance
requirements will protect human health and the environment.
Notes
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, 08/26/1983 (Emer.), 11/29/1983, 05/29/1985 (Emer.), 08/29/1985, 11/13/1987, 12/08/1988, 12/07/2000, 12/07/2004
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