Ohio Admin. Code 3750-75-10 - Criteria for issuing an order requiring the placement of a lock box upon a request by a political subdivision
(A) Before making or approving an application
for the issuance of a lock box order the following conditions shall be
demonstrated, using scientific evidence, generally accepted scientific
principals or laboratory tests:
(1) Extremely
hazardous substances, hazardous substances, or hazardous chemicals are
routinely or intermittently present at the facility which would be subject to
the order; and
(2) Extremely
hazardous substances, hazardous substances, or hazardous chemicals are present
at the facility in amounts equal to or exceeding the quantities for which
reporting is required under section
3750.05 or
3750.07 of the Revised Code and
rules adopted there under; and
(3)
Based upon generally accepted techniques of hazards analysis, a release of the
extremely hazardous substances, hazardous substances, or hazardous chemicals
present at the facility could pose a substantial risk of catastrophic injury
to:
(a) The public health or safety;
(b) The environment; or
(c) An extraordinary risk of injury to
emergency response personnel responding to a release of the extremely hazardous
substances, hazardous substances, or hazardous chemicals present at the
facility.
(4) The
placement of a lock box will reduce the risk of catastrophic injury to:
(a) The public health or safety;
(b) The environment; or
(c) Emergency response personnel responding
to a release of the extremely hazardous substances, hazardous substances, or
hazardous chemicals present at the facility.
(B) All of the following factors shall be
considered in determining whether the substances or chemicals that would be
subject to the lock box requirements pose a substantial risk of catastrophic
injury to public health or safety or to the environment, or pose an
extraordinary risk of injury to emergency response personnel responding to a
release of the substance or chemical:
(1) The
specific characteristics, and degree and nature of the hazards posed by
releases that may occur of the extremely hazardous substances, hazardous
chemicals, or hazardous substances present at the facility;
(2) The proximity of the facility(ies) that
would be subject to the lock box requirements to:
(a) Residential areas;
(b) Areas where significantly large numbers
of people are employed or otherwise congregate; and
(c) Environmental resources that would be
subject to injury by a release.
(3) The quantities of extremely hazardous
substances, hazardous chemicals, or hazardous substances that are routinely or
intermittently present at the facility that would be subject to the lock box
requirements; and
(4) The
frequency with which the extremely hazardous substances, hazardous chemicals,
or hazardous substances are present at the facility(ies) that would be subject,
if the lock box order is granted.
Notes
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(6)
Rule Amplifies: 3750.02(B)(2)(f), 3750.11(D)
Prior Effective Dates: 09/01/1998
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(6)
Rule Amplifies: 3750.11(D)
Prior Effective Dates: 9/1/98
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