(A) Wastes which are otherwise prohibited
from land disposal under Chapter 3745-270 of the Administrative Code may be
treated in a surface impoundment or series of impoundments provided that:
(1) Treatment of such wastes occurs in the
impoundments;
(2) The following
conditions are met:
(a) Sampling and testing.
For wastes with treatment standards in rules
3745-270-40
to
3745-270-49
of the Administrative Code
and/or
or prohibition levels in rules
3745-270-20
to
3745-270-39
of the Administrative Code or Section 3004(d) of RCRA, the residues from
treatment are analyzed, as specified in rule
3745-270-07
of the Administrative Code, to determine if
they
the residues meet
the applicable treatment standards or where no treatment standards have been
established for the waste, the applicable prohibition levels. The sampling
method, specified in the waste analysis plan under rule
3745-54-13
or
3745-65-13
of the Administrative Code,
must
shall be designed such that representative samples of
the sludge and the supernatant are tested separately rather than mixed to form
homogeneous samples
.
;
(b)
Removal. The following treatment residues (including any liquid waste)
must
shall be
removed at least annually: residues which do not meet the treatment standards
promulgated under rules
3745-270-40
to
3745-270-49
of the Administrative Code; residues which do not meet the prohibition levels
established under rules
3745-270-20
to
3745-270-39
of the Administrative Code or imposed by statute (where no treatment standards
have been established); residues which are from the treatment of wastes
prohibited from land disposal under rules
3745-270-20
to
3745-270-39
of the Administrative Code (where no treatment standards have been established
and no prohibition levels apply); or residues from managing listed wastes which
are not delisted under
40
CFR
260.22. If the volume of liquid flowing
through the impoundment or series of impoundments annually is greater than the
volume of the impoundment or impoundments, this flow-through constitutes
removal of the supernatant for the purpose of this requirement
.
;
(c) Subsequent management. Treatment residues
may not be placed in any other surface impoundment for subsequent
management
.
;
(d)
Recordkeeping. Sampling and testing and recordkeeping provisions of rules
3745-54-13
and
3745-65-13
of the Administrative Code apply
.
; and
(3) The impoundment meets the design
requirements in paragraph (C) of rule
3745-56-21
or paragraph (A) of
3745-67-21
of the Administrative Code, regardless that the unit may not be new, expanded,
or a replacement, and be in compliance with applicable ground water monitoring
requirements of rules
3745-54-90
to
3745-54-101
or
3745-65-90
to
3745-65-94
of the Administrative Code unless:
(a)
Exempted pursuant to paragraph (D) or (E) of rule
3745-56-21,
or paragraph (C) or (D) of rule
3745-67-21
of the Administrative Code; or,
(b)
Upon application by the owner or operator,
the
director, after notice and an opportunity to comment,
the director has granted a waiver of the
requirements on the basis that the surface impoundment:
(i) Has at least one liner, for which there
is no evidence that such liner is leaking;
(ii) Is located more than one-quarter mile
from an underground source of drinking water; and
(iii) Is in compliance with generally
applicable ground water monitoring requirements for facilities with permits;
or
(c) Upon application
by the owner or operator, the director, after notice and an opportunity to
comment, has granted a modification to the requirements on the basis of a
demonstration that the surface impoundment is located, designed, and operated
so as to assure that there will be no migration of any hazardous constituent
into ground water or surface water at any future time
.
; and
(4) The owner or operator submits
to the director a written certification that the requirements of paragraph
(A)(3) of this rule have been met. The following certification is required:
"I certify under penalty of law that the requirements of
paragraph (A)(3) of rule 3745-270-04 of the Administrative Code have been met
for all surface impoundments being used to treat restricted wastes. I believe
that the submitted information is true, accurate, and complete. I am aware that
there are significant penalties for submitting false information, including the
possibility of fine and imprisonment."
(B) Evaporation of hazardous constituents as
the principal means of treatment is not considered to be treatment for purposes
of an exemption under this rule.
[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 rule
3745-50-11
of the Administrative Code titled "Incorporated by
reference."]
Notes
Ohio Admin. Code 3745-270-04
Effective:
9/29/2021
Five Year Review (FYR) Dates: Exempt
Promulgated Under:
119.03
Statutory Authority:
3734.12
Rule Amplifies:
3734.12
Prior Effective Dates: 12/30/1989, 02/11/1992, 12/07/2000,
03/13/2002, 12/07/2004, 09/05/2010,
03/17/2012