Ohio Admin. Code 3745-266-202 - Definition of waste for purposes of- military munitions
(A) A military munition is not a waste when:
(1) A military munition is used for
its
the
intended purpose of the military munition ,
including:
(a) Use in training military
personnel or explosives and munitions emergency response specialists (including
training in proper destruction of unused propellant or other munitions);
or
(b) Use in research,
development, testing, and evaluation of military munitions, weapons, or weapon
systems; or
(c) Recovery,
collection, and on-range destruction of unexploded ordnance and munitions
fragments during range clearance activities at active or inactive ranges.
However, "use for intended purpose" does not include the on-range disposal or
burial of unexploded ordnance and contaminants when the burial is not a result
of product use.
;
or
(2) An unused
munition, or component thereof, is being repaired, reused, recycled, reclaimed,
disassembled, reconfigured, or otherwise subjected to materials recovery
activities, unless such activities involve use constituting disposal as
described in paragraph (C)(1) of rule
3745-51-02 of
the Administrative Code, or burning for energy recovery as described in
paragraph (C)(2) of rule
3745-51-02 of
the Administrative Code.
(B) An unused military munition is a waste
when any of the following occurs:
(1) The
munition is abandoned by being disposed of,
burned, detonated [except during intended use as specified in paragraph (A) of
this rule], incinerated, or treated prior to disposal; or
(2) The munition is removed from storage in a
military magazine or other storage area for the purpose of being disposed
of, burned, or incinerated, or treated prior to disposal;
or
(3) The munition is deteriorated
or damaged (e.g., the integrity of the munition is compromised by cracks,
leaks, or other damage) to the point that the munition cannot be put into
serviceable condition, and cannot reasonably be recycled or used for other
purposes; or
(4) The munition has
been declared a waste by an authorized military official.
(C) A used or fired military munition is a
waste:
(1) When transported off range or from
the site of use, where the site of use is not a range, for the purposes of
storage, reclamation, treatment, disposal, or treatment prior to disposal;
or
(2) If recovered, collected, and
then disposed of by burial, or landfilling either on or off a range.
(D) A used or fired military
munition is potentially subject to the cleanup requirements of Chapters 3734.
and 6111. of the Revised Code, if the
munition lands off-range and is not promptly rendered safe or retrieved. For
purposes of Section 1004(27) of RCRA, a used or fired military munition is a
solid waste, and, therefore, is potentially subject to RCRA corrective action
authorities under Section 3004(u), Section 3004(v), and Section 3008(h) of
RCRA, or imminent and substantial endangerment authorities under Section 7003
of RCRA, if the munition lands off-range and is not promptly rendered safe or
retrieved. Any imminent and substantial threats associated with any remaining
material shall be addressed. If remedial action is infeasible, the operator of
the range shall maintain a record of the event for as long as any threat
remains. The record shall include the type of munition and the location (to the
extent the location of the munition is known).
Notes
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/07/2004, 09/05/2010, 10/31/2015
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