Ohio Admin. Code 3745-20-07 - Standard for inactive asbestos waste disposal sites
[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 paragraph (C) of rule 3745-20-01 of the Administrative Code titled "Referenced materials."]
(A) Each owner or operator of an inactive
asbestos waste disposal site shall either
do one of the following :
(1)
Discharge
no
Shall not cause or emit visible
emissions to the outside air from an inactive asbestos waste disposal
site; or
.
(2) Cover the asbestos-containing
waste material with at least six inches of compacted nonasbestos-containing
material, and grow and maintain a cover of vegetation on the area adequate to
prevent exposure of the asbestos-containing waste material; or
.
(3) Cover the asbestos-containing waste
material with at least two feet of compacted nonasbestos-containing material,
and maintain the cover to prevent exposure of the asbestos-containing waste
material.
(B) Unless a
natural barrier adequately deters access by the general public, each owner or
operator of an inactive asbestos waste disposal site shall install and maintain
warning signs and fencing as follows, or comply with paragraph (A)(2) or (A)(3)
of this rule.
(1) Display warning signs at
all entrances and at intervals of three hundred feet or less along the property
line of the site or along the perimeter of the sections of the site where
asbestos-containing waste material was deposited. The warning signs
must
shall :
(a) Be posted in such a manner and location
that a person can easily read the legend;
and
.
(b) Conform to the requirements for a twenty
inch by fourteen inch upright format warning sign and display the following
legend in the lower panel with letter sizes of at least one inch sans serif,
gothic or block. Spacing between any two lines must
shall be at
least equal to the height of the upper of the two lines:
"ASBESTOS WASTE DISPOSAL SITE
DO NOT CREATE DUST
BREATHING ASBESTOS IS
HAZARDOUS TO YOUR HEALTH"
(2) Fence the perimeter of the site in a
manner adequate to deter access by the general public.
(3) Upon request and submission of
appropriate information, the director will
shall determine whether a fence or a natural
barrier adequately deters access by the public.
(4) When requesting a determination on
whether a natural barrier adequately deters public access, supply information
enabling the director to determine whether a fence or a natural barrier
adequately deters access by the general public.
(C) The owner or operator may use an
alternative control method that has received prior approval of the director
rather than comply with the requirements of
paragraph (A) or (B) of this rule.
(D) Each owner or operator of an inactive
asbestos waste disposal site shall notify the director in writing at least
forty-five days prior to excavating or otherwise disturbing or removing any
asbestos-containing waste material. If the excavation will begin on a date
other than the one contained in the original notice, notice of the new start
date must be provided to the director at least ten working days before
excavation begins. In no event shall excavation begin earlier than the date
specified in the original notification. Each owner or operator shall include
the following information in the notice:
(1)
Scheduled starting and completion dates.
(2) Reason for disturbing the
waste.
(3) Procedures to be used to
control emissions during the excavation, storage, transport, and ultimate
disposal of the excavated asbestos-containing waste material.
If deemed necessary, the director may
requires
require changes in the emission control procedures to
be used.
(4) Location of any
temporary storage site including names and address(es)
addresses
and the final disposal site.
(E) Within sixty days of a site becoming
inactive and after November 20, 1990, record a notation of the presence of
asbestos-containing waste material on the deed to the facility property and on
any other instrument that would normally be examined during a title search;
this notation will
shall , in perpetuity, notify any potential purchaser
of the property that
of the following information :
(1) The land has been used for the disposal
of asbestos-containing waste material;
and
.
(2) The survey plot and record of the
location and quantity of asbestos-containing waste disposed of within the
disposal site required in paragraph (C)(2) of rule
3745-20-06
of the Administrative Code has been filed with the director; and
.
(3) The site is subject to this chapter and
40 CFR Part 61, Subpart M.
Notes
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A), 3704.03(E)
Prior Effective Dates: 05/29/1990, 11/18/2002, 02/02/2007, 03/02/2012
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