Ohio Admin. Code 3745-54-101 - Corrective action for waste management units
(A)
The owner or operator of a facility seeking a permit for the treatment,
storage, or disposal of hazardous waste must
shall institute
corrective action as necessary to protect human health and the environment for
all releases of hazardous waste or constituents from any waste management unit
at the facility, regardless of the time at which waste was placed in such
unit.
(B) Corrective action will be
specified in the permit in accordance with this rule and with rules
3745-57-70 to
3745-57-75 of the Administrative
Code. The permit will contain schedules of compliance for such corrective
action (where such corrective action cannot be completed prior to the issuance
of the permit) and assurances of financial responsibility for completing such
corrective action.
(C) The owner or
operator must
shall implement corrective actions beyond the facility
property boundary, where necessary to protect human health and the environment,
unless the owner or operator demonstrates to the satisfaction of the director
that, despite the owner's or operator's best efforts, the owner or operator was
unable to obtain the necessary permission to undertake such actions. The
owner/operator
owner
or operator is not relieved of all responsibility to clean up a release
that has migrated beyond the facility boundary where off-site access is denied.
On-site measures to address such releases will be determined on a case-by-case
basis. Assurances of financial responsibility for such corrective action
must
shall be
provided.
(D) This rule does not
apply to remediation waste management sites unless they
the remediation waste
management sites are part of a facility subject to a permit for treating,
storing, or disposing of hazardous wastes that are not remediation
wastes.
Notes
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 06/29/1990, 12/07/2000, 12/07/2004, 09/05/2010
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