Ohio Administrative Code
Title 3745 - Ohio Environmental Protection Agency
Chapter 3745-300 - Voluntary Action Program
Section 3745-300-10 - Ground water classification and potable use response requirements, and urban setting designations
Universal Citation: OH Admin Code 3745-300-10
Current through all regulations passed and filed through September 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 rule 3745-300-15 of the Administrative Code titled "Incorporation by reference - voluntary action program."]
(A) Obligation to classify ground water zones identified in paragraph (F)(2) of rule 3745-300-07 of the Administrative Code. Ground water underlying a property shall be classified in accordance with this rule and paragraphs (F)(7) and (F)(8) of rule 3745-300-07 of the Administrative Code unless one of the following conditions applies:
(1)
The
ground water zone does not contain concentrations of chemicals of concern
(COCs) in excess of unrestricted potable use standards as determined in
accordance with a phase II property assessment conducted under paragraph (F)
(3) of rule
3745-300-07
of the Administrative Code.
(2)
For ground water
zones that exceed unrestricted potable use standards underlying and emanating
from the property, the response requirements consistent with critical resource
ground water under paragraph (E) of this rule are implemented.
(B) Ground water classification system.
(1)
Critical resource ground water. A ground water zone
that meets any of the following criteria is classified as critical resource
ground water:
(a)
The ground water zone is used by a public water system
and is in a drinking water source protection area.
(b)
The ground water
zone is located in an unconsolidated saturated zone that is capable of yielding
water at a time-weighted average rate greater than one hundred gallons per
minute over a twenty-four-hour period as determined in accordance with
paragraphs (F)(7) and (F)(8) of rule
3745-300-07
of the Administrative Code.
(c)
The ground water
zone is in a consolidated saturated zone that is part of a sole source
aquifer.
(2)
Class A ground water. A ground water zone that does not
meet any of the criteria for critical resource ground water and meets any of
the following criteria is classified as a class A ground water zone:
(a)
The ground water
zone is currently utilized as a source of potable water on the property or
within one-half mile of the property boundary.
(b)
The ground water
within the zone has a background level of total dissolved solids of less than
three thousand milligrams per liter, and except as provided in paragraph (B)(3)
of this rule, the ground water zone is capable of yielding water at a
time-weighted average rate greater than one-tenth of a gallon per minute over a
twenty-four-hour period. The ground water yield shall be determined in
accordance with paragraphs (F)(7) and (F) (8) of rule
3745-300-07
of the Administrative Code.
(c)
The ground water
is located in an unconsolidated zone capable of yielding water at a
time-weighted average rate of greater than one-tenth of a gallon per minute but
less than one hundred gallons per minute as determined in accordance with
paragraphs (F)(7) and (F)(8) of rule
3745-300-07
of the Administrative Code, unless any of the criteria in paragraph (B)(3) of
this rule are met.
(d)
The ground water zone is located in a consolidated zone
capable of yielding water at a time-weighted average rate of greater than
one-tenth of a gallon per minute and is not part of a sole source aquifer,
unless any of the criteria in paragraph (B)(3) of this rule are
met.
(3)
Class B ground water. A ground water zone that does not
meet any of the criteria for either critical resource ground water or a class A
ground water zone and meets any of the following criteria is classified as
class B ground water:
(a)
The ground water zone to be classified yields less than
three gallons per minute as determined in accordance with paragraph (F)(8) of
rule
3745-300-07
of the Administrative Code, another ground water zone underlies the property,
and the underlying ground water zone is a potential source of potable water
within one mile of the property. The ground water zone used for comparison
shall be present beneath both the property and the surrounding area
off-property, shall be capable of yielding three or more gallons per minute,
and shall produce at least twice as much ground water as the zone to be
classified.
(b)
The ground water zone to be classified yields less than
three gallons per minute over a twenty-four-hour period, and all parts of the
zone are wholly contained within fifteen feet below ground
surface.
(c)
The ground water zone to be classified has a background
level of total dissolved solids greater than three thousand milligrams per
liter.
(C) Urban setting designation criteria and process. An urban setting designation may be used only to eliminate the potable use pathway for areas surrounding the property and may be requested only through a certified professional. An urban setting designation does not impact ground water response requirements for on-property or off-property pathways that are unrelated to the potable use of ground water.
(1)
Threshold criteria. A certified professional may request an urban setting
designation from the director for a property that meets the following threshold
criteria:
(a)
Location. The property is entirely within the boundaries of a community.
For purposes of this rule, "community" means any of the following:
(i)
A township with a population of twenty thousand or more
residents in the unincorporated area of the township.
(ii)
The
unincorporated portion of a township that has an average population density of
six hundred fifty people per square mile within the unincorporated area of the
township.
(iii)
The corporation boundaries of a city.
(iv)
The boundaries
of a former township that is entirely composed of municipal
corporations.
(v)
An area that is completely surrounded by areas that are
otherwise eligible as described in paragraphs (C)(1)(a)(i) to (C)(1)(a)(iv) of
this rule.
(b)
Community water supply connectability- ninety per cent
or greater. A community water system shall be present. One of the following
shall be demonstrated:
(i)
Ninety per cent of the parcels within the communities
for which the urban setting designation is requested are connected or are
capable of being connected to the community water system. Parcels in
unincorporated areas that are wholly surrounded by the community shall be
considered in the calculation of parcels connected.
(ii)
Ninety per cent
of the parcels within a minimum of one mile from the proposed boundary of the
urban setting designation are connected or are capable of being connected to
the community water system. Parcels in unincorporated areas that are wholly
surrounded by communities shall be considered in the calculation of parcels
connected.
(c)
Community water supply connectability- less than ninety
per cent. If the evaluation conducted under paragraph (C)(1)(b) of this rule
indicates that less than ninety per cent of the parcels are connected or are
capable of being connected to a community water system, an urban setting
designation for the property may be requested, provided that one or both of the
following apply:
(i)
The parcels that are not connected or are not capable
of being connected to a community water system would be unaffected by hazardous
substances or petroleum on or emanating from the properties within the urban
setting designation.
(ii)
Installation of wells used for potable water supply
purposes at the parcels that are not connected or are not capable of being
connected to a community water system would be impractical for reasons other
than ground water quality or the presence of the community water system. The
following criteria may be considered to demonstrate that well installation
would be impractical:
(a)
Land use patterns (e.g., the parcel is on the
right-of-way of a highway).
(b)
Topography.
(c)
Legally enforceable and reliable
restrictions.
(d)
Water supply- future needs. The community has a
community water system that the community considers capable of meeting the
community's future water supply needs.
(e)
Drinking water
source protection areas. The property for which the urban setting designation
is requested is not located within a drinking water source protection area for
a public water system using ground water. An urban setting designation for a
property located within a drinking water source protection area for a public
water system using ground water, where the public water supply is a community
system, may be requested if the owner of the community water system has a
drinking water source protection plan and the owner consents in writing to the
urban setting designation.
(f)
Potable use
wells.
(i)
Wells connected for potable water supply purposes shall not be located in or
within one-half mile of the defined boundary of the property or properties for
which the urban setting designation is requested. The existence of potable
wells shall be determined in accordance with paragraph (F)(7)(a) of rule
3745-300-07
of the Administrative Code.
(ii)
If potable wells
are located in or within one-half mile of the defined boundary, the property
may be designated as an urban setting if either of the following occurs:
(a)
The wells are
part of a community water system with a drinking water source protection plan,
and the owner of the community water system consents in writing to the urban
setting designation.
(b)
The certified professional who requests the urban
setting designation demonstrates that the capture zones of any wells connected
for potable water supply purposes in or within one-half mile of the defined
boundary do not extend under the property for which the urban setting
designation is requested.
(g)
Other ground
water resource considerations. When the property for which urban setting
designation is requested is located either over a sole source aquifer in a
consolidated saturated zone, or over an unconsolidated ground water zone
capable of sustaining a yield greater than one hundred gallons per minute as
determined in accordance with paragraph (F)(7)(b) of rule
3745-300-07
of the Administrative Code, the certified professional shall demonstrate that
there is a reasonable expectation that no wells will be installed or used for
potable water supply purposes within one-half mile of the property boundary.
The certified professional, at a minimum, shall consider all of the following
criteria to make this demonstration:
(i)
The certified
professional shall consult with the owner of the community water system and the
appropriate legislative authority or the legislative authority's authorized
representative.
(ii)
The presence of legally enforceable, reliable
restrictions on ground water use, other than those imposed for wellhead
protection or ground water protection purposes.
(iii)
Whether current
land use patterns in or within one-half mile of the property that is the
subject of the urban setting designation request, or ground water quality, make
development of a well impractical.
(iv)
Whether ninety
per cent or more of the parcels in or within one-half mile of the property that
is the subject of the urban setting designation request are connected to a
community water system.
(v)
Whether the capture zones of any wells that can
reasonably be expected to be installed or connected in or within one-half mile
of the property boundary would not extend under the property for which urban
setting designation is requested.
(h)
Other ground
water potable uses.
(i)
Sources of potable ground water use other than a well,
such as springs used for potable purposes, shall not be located in or within
one-half mile of the defined boundary of the property for which urban setting
designation is requested.
(ii)
If sources of
potable ground water use other than wells are located in or within one-half
mile of the defined boundary, the property may be designated as an urban
setting if the certified professional who requests the urban setting
designation demonstrates that the source of ground water used for potable
purposes that is located in or within one-half mile of the defined boundary is
not hydraulically connected to the property or properties for which the urban
setting designation is requested.
(2)
Approval or denial of a request for an urban setting
designation. An urban setting designation may not be used to classify ground
water or to determine applicable standards under this chapter and Chapter 3746.
of the Revised Code until the director approves the urban setting designation
in accordance with this paragraph. The process by which a request for an urban
setting designation is submitted, considered by the director, and approved or
denied by the director is as follows:
(a)
Request for
approval of urban setting designation. A certified professional shall send a
written request to the director for approval of an urban setting designation in
the format prescribed by Ohio EPA. At a minimum, the request for approval shall
include the following:
(i)
The requested urban setting designation shall be based
upon a defined property boundary that consists of one or more of the
following:
(a)
The area described by the plat of a survey completed (signed and sealed) by a
professional surveyor under Ohio law.
(b)
The entirety of a
city as may be established by that municipality and Chapter 709. of the Revised
Code, or the entirety of a township as may be established by Chapter 503. of
the Revised Code (i.e., by certified copy of the recorded plat or map that
establishes the legal boundary of the entire city or the entire township at the
time of the request).
(c)
The area described by complete and adjacent parcels of
real property shown on a plat or other recorded documents maintained by the
county or political subdivision. Any urban setting designation boundary that
divides a parcel shall be determined by a survey completed by a professional
surveyor under Ohio law.
(ii)
The name and
address of each applicant who seeks the urban setting designation requested by
the certified professional.
(iii)
A description
of the location and size of the property that is the subject of the urban
setting designation request.
(iv)
If known,
whether the legislative authority of the communities in which the property is
located is in favor of or in opposition to the proposed urban setting
designation.
(v)
An affidavit by the certified professional which
affirms the following:
(a)
The urban setting designation threshold criteria in
paragraph (C)(1) of this rule are met.
(b)
Attached is a
true and accurate copy of all documents which form the basis of the certified
professional's determination that the urban setting designation threshold
criteria in paragraph (C)(1) of this rule have been met.
(c)
Attached is an
"11 x 17" inch or smaller reproducible figure that is an aerial photo and a
topographic map that identifies the defined boundary for the requested urban
setting designation and a one-half mile radius around the
boundary.
(d)
Notice was provided in accordance with paragraph
(C)(2)(b) of this rule.
(vi)
The documents
identified in paragraphs (C)(2)(a)(v)(b) and (C)(2)(a) (v)(c) of this
rule.
(b)
Notice. Notification of a request for the director's
approval of an urban setting designation shall accomplish the following:
(i)
The notice shall
be provided to the following:
(a)
The legislative authority or authorized representative
of any county, township, and municipality in which the property for which the
urban setting designation is sought is located.
(b)
The legislative
authority of any county, township, and municipality whose boundaries are in or
within one-half mile of the property for which the urban setting designation is
sought.
(ii)
The notice shall be made concurrently with a request
for approval under paragraph (C)(2)(a) of this rule.
(iii)
At a minimum,
the notice shall include the following:
(a)
An explanation of
the voluntary action program.
(b)
The purpose of an
urban setting designation.
(c)
The threshold
criteria for an urban setting designation, and the fact that the director shall
approve or deny the urban setting designation after consultation with the
community in which the property is located.
(d)
A copy of the
documents described in paragraph (C) of this rule.
(e)
The location of
and a description of the defined boundary of the property for which the urban
setting designation is sought.
(f)
Standards that
apply to the ground water and source areas of ground water contamination and
the point of compliance, if approval for the urban setting designation is not
received.
(g)
Standards that apply to the ground water and source
areas of ground water contamination and the point of compliance, if approval
for the urban setting designation is received.
(h)
A statement which
advises the legislative authority that the director shall consult with the
legislative authority regarding the urban setting designation, and which
encourages the legislative authority to provide written comments or any
information relevant to the director's consideration of the urban setting
designation.
(i)
A statement that a decision may be made by the director
within ninety days after the director's consultation with the community where
the property is located.
(c)
Information.
After receipt of a complete request for approval of an urban setting
designation, the following may occur:
(i)
The director may
request any additional information from the certified professional, the
applicant, local jurisdictions, or residents, which may be relevant to the
director's decision whether or not to approve the urban setting designation.
Failure by a certified professional or applicant to cooperate with any request
under this paragraph may result in the director's refusal to consider the urban
setting designation request.
(ii)
At the
director's discretion, a public meeting may be held on the urban setting
designation request.
(d)
Consultation. No
later than ninety days after receipt of a complete request for approval of an
urban setting designation, the director shall complete consultation with the
legislative authority or authorized representative of the community in which
the property is located, or any other persons which the director deems
appropriate, to obtain sufficient information to determine whether to approve
or deny the urban setting designation request, as provided in paragraph
(C)(2)(e) of this rule.
(e)
Criteria for approval or denial. After consultation
with the legislative authority or authorized representative of the community
where the property for which the urban setting designation is sought is
located, the director may approve or deny the request for an urban setting
designation. The director may approve or deny a request for an urban setting
designation upon consideration of one or more of the following factors, as
relevant:
(i)
Whether all of the applicable threshold criteria in paragraph (C)(1) of this
rule have been met for the property for which the urban setting designation is
sought.
(ii)
The potential impact of the urban setting designation
on surrounding jurisdictions or communities.
(iii)
The potential
impact of the intended urban setting designation on regional water resource
needs, and the consistency of the urban setting designation with any existing
regional water resource obligations of the community where the property for
which the urban setting designation is sought is located. This shall include
any drinking water source protection plans for ground water in the
area.
(iv)
Whether the ground water in the region or area where
the property for which the urban setting designation is sought is not currently
used by residents as a source of water used for potable purposes such that the
risk of exposure to humans of contaminated ground water as a result of the
urban setting designation is not likely.
(v)
Whether the
ground water in the region or area where the property for which the urban
setting designation is sought is located is not reasonably expected to be used
as a future source of water used for potable purposes by residents such that a
risk of exposure to humans of contaminated ground water as a result of the
urban setting designation is not likely. For purposes of this evaluation, the
director shall consider, but is not limited to consideration of, the
following:
(a)
The likelihood of future water use by local residents in light of the existence
of regional, commingled contamination in the area surrounding the property for
which the urban setting designation is sought.
(b)
The existence of
reasonably available alternative potable water sources to satisfy the future
needs of local residents other than the ground water proposed for the urban
setting designation.
(c)
The existence of reliable and legally enforceable local
laws which restrict or prohibit the use of the ground water proposed for the
urban setting designation, such that the risk of exposure of humans to
contaminated ground water as a result of the urban setting designation is not
likely.
(vi)
The availability and feasibility of treatment systems
at community water systems that are capable of preventing exposures to ground
water with concentrations of COCs in excess of unrestricted potable use
standards.
(vii)
Any other factors that pertain to the request for
approval of the urban setting designation that the director considers relevant
in the determination of whether the urban setting designation is protective of
public health and safety and the environment.
(f)
Costs. Ohio EPA
incurs costs to review and consider a request for an urban setting designation.
Those costs shall be addressed as follows:
(i)
After the request
for an urban setting designation is approved, denied, or withdrawn, Ohio EPA
shall send to the applicant a statement of costs.
(ii)
The applicant
for the urban setting designation shall reimburse Ohio EPA for all of the costs
on the statement of costs. This payment shall be made, in full, within sixty
days after receipt of the statement of costs.
(g)
Timing. The
director shall approve or deny a request for an urban setting designation in
one of the following time frame options:
(i)
Within ninety
days after the following:
(a)
Receipt of a complete request, as provided in paragraph
(C)(2)(a) of this rule.
(b)
Consultation with each community, as provided in
paragraph (C)(2)(d) of this rule.
(ii)
The director may
extend the time to approve or deny a request for an urban setting designation
if the director determines that an extension of time is necessary to properly
consider the request. If the director extends the time to consider the request
for an urban setting designation, Ohio EPA shall notify the applicant and other
interested persons of the extended time frame.
(3)
Use of
an urban setting designation to support a no further action letter. An urban
setting designation approved by the director may be used to determine the
appropriate ground water response requirements in paragraph (E) of this rule.
The certified professional shall verify that the urban setting designation
remains protective of the potable use pathway for property that is the subject
of a no further action letter. The certified professional shall make the
verification at the time of and as part of issuance of the no further action
letter for the property. Verification is not required when there is reason to
believe that the urban setting designation remains protective of the potable
use pathway because conditions are unchanged since the urban setting
designation request or most recent verification of record. When a certified
professional determines that verification is not required for a property
pursuant to this rule, the certified professional shall provide written
justification for the determination in the phase II property assessment report
for the property.
(a)
To verify the urban setting designation, the certified
professional shall consider the criteria in paragraph (C)(3)(b) of this rule
and shall determine that the criteria are still protective of the potable use
pathway.
(b)
To verify that an urban setting designation is
protective of the potable use pathway, the certified professional shall
evaluate the following:
(i)
Whether additional wells have been installed in or
within one-half mile of the defined urban setting designation boundary or the
geographic area that are or will be impacted by the COCs at or from the
property. To accomplish this evaluation, the certified professional shall do,
at a minimum, the following:
(a)
Review the ground water well logs submitted to the Ohio
department of natural resources since the request for, or most recent
verification of, the urban setting designation. If wells have been installed,
the certified professional shall determine whether the wells are used or are
reasonably anticipated to be used for potable purposes.
(b)
Contact the
county health department or other local authorities with jurisdiction over
installation of wells used for potable purposes to determine if any residential
wells are used or are reasonably anticipated to be used for potable
purposes.
(ii)
If a determination in accordance with paragraph (C)(3)
of this rule is made that new potable wells have been installed or if
previously unknown potable wells are discovered, the urban setting designation
may be verified to be protective of the potable use pathway as long as either
of the following criteria are met:
(a)
The wells are part of a community water system with a
drinking water source protection plan and the owners of the community water
system consents in writing to the use of the urban setting designation in
support of the no further action letter.
(b)
The capture zones
of any wells installed or used for potable water supply purposes in or within
one-half mile of the property boundary do not extend under the property to
which the urban setting designation applies.
(iii)
If an ordinance
or other imposed restrictions on the potable use of ground water were used as
part of the urban setting designation, determine whether the restrictions are
still valid.
(iv)
Whether any new drinking water source protection areas
have been delineated that incorporate areas within the urban setting
designation.
(v)
Evaluate whether the ground water in the region or area
within or surrounding the urban setting designation is used or is reasonably
anticipated to be used as a source of potable water. To accomplish this
evaluation, the certified professional shall do, at a minimum, the
following:
(a)
Contact the owner or operator of each public water system in
the region or area, communities, and the community's planners to determine the
following:
(i)
Whether the public water systems meet the current water use
demands.
(ii)
If there are any plans to develop ground water, either
within or in the vicinity of the urban setting designation, as a source of
potable water.
(b)
As applicable to the property that is the subject of
the no further action letter, contact the surrounding communities to determine
whether there are any plans to develop the ground water in the vicinity of the
urban setting designation.
(c)
To verify an
urban setting designation, the certified professional may rely upon either of
the following:
(i)
The certified professional's evaluation of the criteria
in paragraph (C) (3)(b) of this rule.
(ii)
The director's
evaluation, if any, of the urban setting designation provided for in paragraph
(C)(4) of this rule. Use of the director's evaluation of the urban setting
designation in accordance with paragraph (C)(4) of this rule to comply with
this paragraph is acceptable if the urban setting designation was recently
approved by the director, or the criteria in paragraph (C)(3)(b) of this rule
were recently evaluated and determined to be protective of the potable use
pathway. In this situation, the certified professional does not need to verify
the urban setting designation where changed conditions do not otherwise exist.
However, when determining whether a covenant not to sue may be issued, the
director reserves the authority to evaluate the protectiveness of the urban
setting designation as the urban setting designation applies to a submitted no
further action letter.
(d)
To rely on an
urban setting designation for the ground water response requirements in
paragraph (E) of this rule, the entire property being considered for a no
further action letter must be wholly contained within the approved urban
settling designation boundary.
(4)
Periodic
protectiveness verification. The director may implement a program to
periodically verify the protectiveness of an urban setting designation
elimination of a potable use pathway. Based on an evaluation of the criteria in
paragraph (C)(3)(b) of this rule, the director may determine that the urban
setting designation is still valid or that the urban setting designation is no
longer valid. The director may decrease the size of the urban setting
designation so that the decreased area remains protective of the potable use
pathway.
(a)
The director shall make available to certified professionals any determinations
regarding urban setting designations.
(b)
If the director
determines that an urban setting designation is no longer valid or decreases
the size of the urban setting designation, Ohio EPA shall notify certified
professionals and the original applicants for the urban setting designation.
The director's determination shall be public noticed in any affected
county.
(D) Protection of ground water that meets unrestricted potable use standards.
(1)
When any ground
water zone underlying the property complies with unrestricted potable use
standards, the remedial activities shall ensure that contamination shall not
result in unrestricted potable use standards being exceeded anywhere within any
ground water zone underlying the property that otherwise meets the standards.
However, when the contamination that exceeds standards is entirely the result
of source areas from off-property releases, this provision for protection of
ground water does not apply for protection of another ground water zone, except
when any of the criteria in paragraph (E)(1)(b) of this rule are
applicable.
(2)
Except as provided in rule
3745-300-12
of the Administrative Code, no provision of this chapter modifies the
requirements of this paragraph.
(E) Response requirements for ground water zones that exceed unrestricted potable use standards.
(1)
Assigning responsibility for purposes of this rule for COCs in ground water
zones.
(a)
Paragraphs (E)(2) to (E)(7) of this rule apply to the volunteer when COCs
released to ground water originate from a source area on the voluntary action
property, or when COCs released to ground water originate from an off-property
source area and the volunteer is required to address the release, as specified
in paragraph (E)(1)(b) of this rule.
(b)
The volunteer is
required to address requirements of paragraph (E)(2)(d)(ii), (E)(2)(e), or
(E)(3) of this rule for COCs that originate from a release from an off-property
source area when any of the following apply:
(i)
The owner of the
voluntary action property was an owner or operator of any property other than
the voluntary action property, where any source area was located during the
owner's ownership of or operation on any such property, and hazardous
substances or petroleum on or from the off-property source area migrated onto
the voluntary action property.
(ii)
The volunteer,
or owner if different from the volunteer, caused or contributed to the source
areas or release.
(iii)
The volunteer, or owner if different from the
volunteer, has entered into an agreement with any person with the purpose or
effect of creating a less stringent ground water standard than would otherwise
be applicable in this rule.
(iv)
The volunteer is
a parent, subsidiary, or other commonly owned entity of any party identified in
paragraphs (E)(1)(b)(i) to (E)(1)(b) (iii) of this
rule.
(2)
Response
requirements that apply to all critical resource ground water zones (with or
without an urban setting designation) include the following:
(a)
The volunteer
shall implement institutional controls or engineering controls that reliably
prevent human exposure on the property to ground water with concentrations of
COCs in excess of unrestricted potable use standards, or shall restore the
ground water underlying the property to unrestricted potable use
standards.
(b)
The volunteer shall address all non-potable use ground
water exposure pathways in accordance with paragraph (F) of rule
3745-300-07
of the Administrative Code.
(c)
For ground water
that contains COCs that have impacted any off property potable use wells above
unrestricted potable use standards, a volunteer shall do one of the
following:
(i)
Restore the contaminated ground water to unrestricted
potable use standards.
(ii)
Provide a reliable alternate potable water supply or
water treatment system that does the following:
(a)
Provides a volume
of potable water sufficient for the intended use.
(b)
Is provided for a
period of time no shorter than the time that the ground water supply of
off-property ground water users exceeds unrestricted potable use standards due
to sources for which the volunteer is responsible.
(d)
Notification and evaluation of ground water use requirements
for critical resource ground water zone. These requirements are applicable
where ground water has or is reasonably anticipated to have contamination in
excess of unrestricted potable use standards beyond the property boundary,
except when in an urban setting designation. If the property is within an urban
setting designation, these requirements are applicable where ground water has
or is reasonably anticipated to have contamination in excess of unrestricted
potable use standards beyond the urban setting designation boundary or beyond a
distance of one-half mile from the property boundary, whichever is
greater.
(i)
Prior to issuance of the no further action letter, the
volunteer shall send a written notification by certified mail to the applicable
local health department and all owners of properties in areas where ground
water has or is reasonably anticipated to have concentrations of COCs in excess
of unrestricted potable use standards.
(ii)
The written
notification required in paragraph (E)(2)(d)(i) of this rule shall include the
following:
(a)
The location and a description of the property where the
voluntary action has taken place.
(b)
A summary of the
releases or type of COCs that were assessed as part of the voluntary action and
the remedial activities that were taken or are being taken in response to the
releases.
(c)
A description of the concentrations of COCs in ground
water that has or may migrate onto or under the properties in areas where
ground water has or is reasonably anticipated to have concentrations of COCs in
excess of unrestricted potable use standards.
(d)
A summary of the
unrestricted potable use standards for the COCs that have emanated from the
property.
(e)
A description of the requirements in paragraph
(E)(2)(e) of this rule that the volunteer, or subsequent owners relying on a no
further action letter, that address exposures of humans to ground water with
concentrations of COCs in excess of applicable standards.
(f)
A request for
information regarding any current or intended use of ground water in areas
where ground water has or is reasonably anticipated to have concentrations of
COCs in excess of unrestricted potable use standards, with the name, address,
and telephone number of a representative of the volunteer, or subsequent owner
relying on a no further action letter who can be notified of any current or
intended use of ground water or contacted for further
information.
(e)
Ongoing
obligations after issuance of a covenant not to sue.
(i)
At least
annually, review Ohio department of natural resources water well log and
applicable health department information for the properties where ground water
has or is reasonably anticipated to have concentrations of COCs in excess of
unrestricted potable use standards to determine whether new ground water wells
have been installed. If any new potable use wells are discovered, implement
remedial activities consistent with paragraph (E)(2)(c) of this rule as needed
for compliance with applicable standards.
(ii)
At least
annually, identify any known changes and inquire of changes in ownership of
properties in areas where ground water has or is reasonably anticipated to have
concentrations of COCs in excess of unrestricted potable use standards. If
there is any change in ownership, provide the new owners with the notification
prescribed in paragraph (E)(2)(c) of this rule.
(f)
Critical resource
points of compliance:
(i)
For critical resource ground water without an urban
setting designation, ground water on or from the property shall not exceed
unrestricted potable use standards at the point of compliance determined in
accordance with paragraph (E)(5)(a) of this rule. The exceptions are described
in paragraph (E)(5)(b) or (E)(5)(c) of this rule.
(ii)
For critical
resource ground water in an urban setting designation, the point of compliance
is the urban setting designation defined boundary or one-half mile from the
property boundary, whichever is greater. The exceptions are described in
paragraph (E)(5)(b) or (E)(5)(c) of this rule.
(3)
Response requirements that apply to class A ground
water zones include the following:
(a)
Class A without an urban setting designation
requirements include the following:
(i)
The volunteer shall implement institutional controls or
engineering controls that reliably prevent human exposure on the property to
ground water with concentrations of COCs in excess of unrestricted potable use
standards, or shall restore the ground water underlying the property to
unrestricted potable use standards.
(ii)
The volunteer
shall address all non-potable use ground water exposure pathways in accordance
with paragraph (F) of rule
3745-300-07
of the Administrative Code.
(iii)
Ground water on
or from the property shall not exceed unrestricted potable use standards at the
point of compliance determined in accordance with paragraph (E)(5)(a) of this
rule. The exceptions are described in paragraph (E)(5)(b) or (E)(5)(c) of this
rule.
(iv)
For ground water that contains COCs that have impacted
any off property potable use wells above unrestricted potable use standards, a
volunteer shall do one of the following:
(a)
Restore the
contaminated ground water to unrestricted potable use
standards.
(b)
Provide a reliable alternate potable water supply or
water treatment system that does the following:
(i)
Provides a volume
of potable water sufficient for the intended use.
(ii)
Is provided for
a period of time no shorter than the time that the ground water supply of
off-property ground water users exceeds unrestricted potable use standards due
to sources for which the volunteer is responsible.
(b)
Class A with an urban setting designation requirements
include the following:
(i)
The volunteer shall implement institutional controls or
engineering controls that reliably prevent human exposure on the property to
ground water with concentrations of COCs in excess of unrestricted potable use
standards, or shall restore the ground water underlying the property to
unrestricted potable use standards.
(ii)
The volunteer
shall address all non-potable use ground water exposure pathways in accordance
with paragraph (F) of rule
3745-300-07
of the Administrative Code.
(4)
Response
requirements that apply to class B ground water zones (with or without an urban
setting designation) include the following:
(a)
The volunteer
shall implement institutional controls or engineering controls that reliably
prevent human exposure on the property to ground water with concentrations of
COCs in excess of unrestricted potable use standards, or shall restore the
ground water underlying the property to unrestricted potable use
standards.
(b)
The volunteer shall address all non-potable use ground
water exposure pathways in accordance with paragraph (F) of rule
3745-300-07
of the Administrative Code.
(5)
Determination of
point of compliance for potable use ground water response requirements.
(a)
The point of
compliance where unrestricted potable use standards shall be met is the
property boundary, unless the volunteer chooses to demonstrate an alternative
point of compliance under the following circumstances:
(i)
If ground water
discharges to an off-property surface water body that is in close proximity to
the property and there is no complete exposure pathway for potable use
off-property, as determined in accordance with paragraph (F)(1) of rule
3745-300-07
of the Administrative Code, the point of compliance is the surface water body.
The applicable standards in paragraph (F) of rule
3745-300-08
of the Administrative Code or paragraph (G) of rule
3745-300-09
of the Administrative Code for the receiving surface water body shall be met
instead of unrestricted potable use standards.
(ii)
If the
property's down gradient boundary is adjacent to an established transportation
corridor, such as a public road or railroad, the point of compliance is the
most distant edge of the transportation corridor.
(iii)
If an activity
and use limitation in an environmental covenant pursuant to sections
5301.80 to
5301.92 of the Revised Code
restricts the potable use of ground water on an adjacent down gradient
property, the point of compliance is the down gradient edge of the adjacent
property.
(iv)
If the property boundary bisects a landfill, the point
of compliance is the down gradient edge of the lateral extent of the
landfill.
(b)
If the contamination is due to off-property sources in
whole or in part, then the volunteer shall implement remedial activities to
prevent leaching of COCs from source areas on the property that are reasonably
anticipated to result in unrestricted potable use standards being exceeded at
the point of compliance determined from paragraph (E)(5)(a) of this rule. This
paragraph does not apply if any of the provisions in paragraph (E)(1)(b) of
this rule are applicable.
(c)
When ground water emanates from the property into a
surface water body immediately adjoining the property boundary, the applicable
standards in paragraph (F) of rule
3745-300-08
of the Administrative Code or paragraph (G) of the rule
3745-300-09
of the Administrative Code for the receiving surface water body shall be
met.
(6)
The volunteer shall implement the applicable
requirements of paragraphs (E)(2)(c), (E)(2)(e), and (E)(3)(a)(iv) of this rule
through an operation and maintenance plan prepared under rule
3745-300-11 of the
Administrative Code or through another method prescribed by rule
3745-300-11 of the
Administrative Code.
(7)
All remedial activities, including institutional
controls or engineering controls, shall be implemented in accordance with rule
3745-300-11 of the
Administrative Code or other applicable law.
Replaces: 3745-300-10
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