Ohio Administrative Code
Title 3745 - Ohio Environmental Protection Agency
Chapter 3745-266 - Disposal Standards
Section 3745-266-355 - Loss of transportation and disposal conditional exemption
Universal Citation: OH Admin Code 3745-266-355
Current through all regulations passed and filed through December 16, 2024
(A) How could you lose the transportation and disposal conditional exemption for your waste and what actions must you take?
(1) Any waste
will automatically lose the transportation and disposal exemption if you fail
to manage it in accordance with all of the conditions specified in paragraphs
(A) to (A)(4) of rule
3745-266-315 of the
Administrative Code.
(a) When you fail to
meet any of the conditions specified in paragraphs (A) to (A)(4) of rule
3745-266-315 of the
Administrative Code for any of your wastes, you must report to us, in writing
by certified delivery, within thirty days of learning of the failure. Your
report must be signed by your authorized representative certifying that the
information provided is true, accurate, and complete. This report must include:
(i) The specific condition(s) that you failed
to meet for the waste;
(ii) A
description of the waste (including the waste name, EPA hazardous waste numbers
and quantity) that lost the exemption; and
(iii) The date(s) on which you failed to meet
the condition(s) for the waste.
(b) If the failure to meet any of the
conditions may endanger human health or the environment, you must also
immediately notify us orally within twenty-four hours and follow up with a
written notification within five days.
(2) We may terminate your ability to claim a
conditional exemption for your waste, or require you to meet additional
conditions to claim a conditional exemption, for serious or repeated
noncompliance with any requirement(s) of rules
3745-266-210 to
3745-266-355 of the
Administrative Code.
(B) If you lose the transportation and disposal conditional exemption for a waste, can the exemption be reclaimed?
(1) You may
reclaim the transportation and disposal exemption for a waste after you have
received a return receipt confirming that we have received your notification of
the loss of the exemption specified in paragraphs (A)(1) to (A)(2) of this rule
and if:
(a) You again meet the conditions
specified in paragraphs (A) to (A)(4) of rule
3745-266-315 of the
Administrative Code for the waste; and
(b) You send a notice, by certified delivery,
to us that you are reclaiming the exemption for the waste. Your notice must be
signed by your authorized representative certifying that the information
provided is true, accurate, and complete. The notice must:
(i) Explain the circumstances of each
failure.
(ii) Certify that each
failure that caused you to lose the exemption for the waste has been corrected
and that you again meet all conditions for the waste as of the date you
specify.
(iii) Describe plans you
have implemented, listing the specific steps that you have taken, to ensure
that conditions will be met in the future.
(iv) Include any other information you want
us to consider when we review your notice reclaiming the exemption.
(2) We may terminate a
reclaimed conditional exemption if we find that your claim is inappropriate
based on factors including, but not limited to: you have failed to correct the
problem; you explained the circumstances of the failure unsatisfactorily; or
you failed to implement a plan with steps to prevent another failure to meet
the conditions of paragraphs (A) to (A)(4) of rule
3745-266-315 of the
Administrative Code. In reviewing a reclaimed conditional exemption under
paragraphs (B) to (B)(2) of this rule, we may add conditions to the exemption
to ensure that transportation and disposal activities will protect human health
and the environment.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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