[Comment: For dates of non-regulatory
government publications, publications of recognized organizations, federal
rules and federal statutory provisions referenced in this rule, see paragraph
(AA) of rule
3745-34-01 of the Administrative
Code.]
(A) The construction,
operation or maintenance of any class IV well, as classified under rule
3745-34-04 of the Administrative
Code is prohibited, except as provided in paragraph (C) of this rule.
(B) The owner or operator of a class IV well
shall comply with the closure and post-closure requirements of paragraph (B) of
rule
3745-34-09 of the Administrative
Code. All class IV wells shall be closed in compliance with rule
3745-34-07 of the Administrative
Code. Any soil, gravel, sludge, liquids, or other materials removed from or
adjacent to the well being closed shall be disposed of or managed in accordance
with all applicable federal, state or local regulations and requirements.
(1) The owner or operator of a class IV well
shall notify the director of the intent to close the class IV well at least
thirty days prior to commencing closure of the well. The intent to close
notification shall include the submission of a plan for closing the well per
the requirements of this paragraph. The submitted plan shall be approved by the
director prior to implementation and
shall
be followed during closure of the well. This plan shall include the following:
(a) A copy of the information required in
paragraph (L) of rule
3745-34-11 of the Administrative
Code.
(b) Procedures for the
removal of any solids and sludge from the class IV well being closed.
(c) Procedures for plugging the class IV
well. This procedure shall be consistent with paragraph (A) of rule
3745-34-07 of the Administrative
Code and all other applicable federal, state or local regulations and
requirements.
(d) Any other
information deemed necessary by the director.
(2) Upon completion of closure, the owner or
operator shall certify to the director in a report per rule
3745-34-17 of the Administrative
Code that the class IV well was closed in compliance with this rule.
(C) Injection wells used to inject
contaminated ground water that has been treated and is being reinjected into
the same formation from which it was drawn are authorized by rule for the life
of the well despite the requirements of paragraphs (A) and (B) of this rule, if
such subsurface emplacement of fluids is approved by the director or U.S. EPA
as part of a remediation program pursuant to provisions for cleanup of releases
under Chapter 3734. of the Revised Code and the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA),
42 U.S.C. 9601 - 9675, as amended through
2002 or pursuant to requirements and provisions under the Resource
Conservation and Recovery Act
(RCRA), 42 U.S.C. 6901
- 6992k, as amended through 2012. The owner or operator shall submit
to the director the information about the well required within paragraph (L) of
rule
3745-34-11 of the Administrative
Code.
[Comment: This rule references the
following "United States Code or U.S.C.": the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) of 1980, 42 U.S.C. 9601 -
9675, as amended through 2002; the Resource Conservation and Recovery Act
(RCRA), 42 U.S.C. 6901 - 6992k, as amended through 2012. Copies of these codes
may be obtained from the "U.S. Government Bookstore" toll free at (866)
512-1800 or https://www.gpo.gov/fdsys, or from "Ohio EPA Lazarus Government
Center, 50 West Town Street, Suite 700, Columbus, OH, 43215," (614) 644-2752.
This code is available for review at "Ohio EPA, Lazarus Government Center, 50
West Town Street, Suite 700, Columbus, OH, 43215."]
Notes
Ohio Admin. Code
3745-34-08
Effective:
12/12/2024
Five Year Review (FYR) Dates:
9/11/2024 and
09/11/2029
Promulgated
Under: 119.03
Statutory
Authority: 6111.043
Rule
Amplifies: 6111.043
Prior
Effective Dates: 12/15/1982, 07/25/1984, 12/16/1991, 03/11/2002, 04/23/2009,
11/11/2016
