Current through all regulations passed and filed through December 16, 2024
[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
(AA) 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 do one of the following:
(1)
Not cause or emit visible emissions
to the outside air from an inactive asbestos waste disposal site.
(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.
(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 shall:
(a) Be posted in such a manner and location
that a person can easily read the legend.
(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 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
may 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 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 shall 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. the
director may require changes in the emission control procedures to be
used.
(4) Location of any temporary
storage site including names and 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 shall, in perpetuity, notify any potential
purchaser of the property of the following information:
(1) The land has been used for the disposal
of asbestos-containing waste material.
(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.
(3) The site is subject to this chapter and
40 CFR Part 61, Subpart M.
