(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 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 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, 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)
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, 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."
