Current through all regulations passed and filed through December 16, 2024
(A)
(1) "Abandoned well" means a well whose use
has been permanently discontinued or that is in a state of disrepair such that
it cannot be used for its intended purpose or for observation
purposes.
(2) "Application" means
the Ohio EPA standard forms for applying for a permit, including any additions,
revisions or modifications to the forms; or forms approved by Ohio EPA,
including any approved modifications or revisions. For a Class I hazardous
waste facility, application also includes the information already required by
the director under section
3734.05 of the Revised
Code.
(3) "Appropriate act and
regulations" means the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act (RCRA) or Safe Drinking Water Act (SDWA),
whichever is applicable; Chapter 3734. of the Revised Code and sections
6111.043 and
6111.044 of the Revised Code and
all rules promulgated thereunder.
(4) "Aquifer" means a geologic formation,
group of formations, or part of a formation that is capable of yielding a
significant amount of water to a well or spring.
(5) "Area of review" means the area
surrounding an injection well described according to the criteria set forth in
rule 3745-34-32 of the Administrative
Code, or in the case of an area permit, the project area plus a circumscribing
area of a width that is either one-quarter of a mile or a number calculated
according to the criteria set forth in rule
3745-34-32 of the Administrative
Code.
(C)
(1) "Casing" means a pipe or tubing of
appropriate material, of varying diameter and weight, lowered into a borehole
during or after drilling in order to support the sides of the hole and thus
prevent the walls from caving, to prevent loss of drilling mud into porous
ground, or to prevent water, gas, or other fluid from entering or leaving the
hole.
(2) "Catastrophic collapse"
means the sudden and utter failure of overlying strata caused by removal of
underlying materials.
(3)
"Cementing" means the operation whereby a cement slurry is pumped into a
drilled hole or forced behind the casing.
(4) "Cesspool" means a "well" other than a
"septic system" or a "subsurface fluid distribution system" that receives
untreated sanitary waste containing human excreta, and which sometimes has an
open bottom or perforated sides.
(5) "Cone of influence" means that area
around the well within which increased injection zone pressure caused by
injection into the hazardous waste injection well would be sufficient to drive
fluids into an underground source of drinking water (USDW).
(6) "Confining bed" means a body of
impermeable or distinctly less permeable material stratigraphically adjacent to
one or more aquifers.
(7)
"Confining zone" means a geological formation, group of formations, or part of
a formation that is capable of limiting fluid movement above an injection
zone.
(8) "Contaminant" means any
physical, chemical, biological, or radiological substance or matter in
water.
(9) "Conventional mine"
means an open pit or underground excavation for the production of
minerals.
(D)
(1) "Director" means the director of the Ohio
EPA or the director's duly authorized representative.
(2) "Disposal well" means a well used for the
disposal of waste into a subsurface formation.
(3) "Draft permit" means a draft action as
provided in rule
3745-49-02 of the Administrative
Code.
(4) "Drilling mud" means a
heavy suspension used in drilling an injection well, introduced down the drill
pipe and through the drill bit.
(5)
"Drywell" means a well, other than an improved sinkhole or subsurface fluid
distribution system, completed above the water table so its bottom and sides
are typically dry except when receiving fluids.
(E)
(1)
"Effective date of a UIC program" means the date that a state of Ohio UIC
program is approved or established by the United States environmental
protection agency.
(2) "Emergency
permit" means a UIC permit issued in accordance with rule
3745-34-19 of the Administrative
Code.
(3) "Exempted aquifer" means
an aquifer or its portion that meets the criteria in the definition of
underground source of drinking water but that has been exempted according to
the procedures in 40 CFR
144.7.
(4) "Experimental technology" means a
technology that has not been proven feasible under the conditions that are
being tested.
(F)
(1) "Facility" or "activity" means any
hazardous waste facility as defined in section
3734.01 of the Revised Code, UIC
injection well, or any other facility or activity (including land or
appurtenances thereto) that is subject to regulation under Chapter 3734. or
6111. of the Revised Code and all rules promulgated thereunder.
(2) "Fault" means a surface or zone of rock
fracture along which there has been displacement.
(3) "Flow rate" means
the volume per time unit given to the flow of gases or other fluid substance
that emerges from an orifice, pump, turbine, or passes along a conduit or
channel.
(4) "Fluid" means
material or substance that flows or moves whether in a semisolid, liquid,
sludge, gas, or any other form or state.
(5)
"Formation" means a body of rock characterized by a degree of lithologic
homogeneity that is prevailingly, but not necessarily, tabular and is mappable
on the earth's surface or traceable in the subsurface.
(6)
"Formation fluid" means fluid present in a formation under natural conditions
as opposed to introduced fluids, such as drilling mud.
(G)
(1)
"Generator" means any person, by site location, whose act or process produces
hazardous waste identified or listed in Chapter 3745-51 of the Administrative
Code.
(2) "Ground water" means
water below the land surface in a zone of saturation.
(H)
(1)
"Hazardous waste" means a hazardous waste as defined in rule
3745-51-03 of the Administrative
Code.
(2) "Hazardous waste
management facility" or "HWM facility" means all contiguous land, structures,
other appurtenances, and improvements on the land used for treating, storing,
or disposing of hazardous waste. A facility may consist of several treatment,
storage, or disposal operational units (for example, one or more landfills,
surface impoundments, or combination of them).
(I)
(1)
"Improved sinkhole" means a naturally occurring karst depression or other
geologic setting which has been modified by man for the purpose of directing
and emplacing fluids into the subsurface.
(2) "Industrial waste" means any liquid,
gaseous, or solid waste substance resulting from any process of industry,
manufacture, trade, or business, or from the development, processing, or
recovery of any natural resource, together with such sewage as is
present.
(3) "Injection interval"
means that part of the injection zone in which the well is screened, perforated
or in which the waste is otherwise directly emplaced.
(4) "Injection well" means a well into which
fluids are being injected.
(5)
"Injection zone" means a geological formation, group of formations, or part of
a formation receiving fluids through a well.
(6) "Innovative technology" means any
proposed innovative and experimental hazardous or industrial waste treatment
technology or process for which research and development are necessary to
establish technical or operational validity.
(L)
(1)
"Large capacity cesspool" means a multiple dwelling, community or regional
cesspools, or other devices that receive sanitary wastes, containing human
excreta that have an open bottom and sometimes have perforated sides. The UIC
requirements do not apply to single-family residential cesspools nor to
non-residential cesspools that receive solely sanitary wastes and have the
capacity to serve fewer than twenty persons per day.
(2) "Lithology" means the description of
rocks on the basis of their physical and chemical characteristics.
(M)
(1) "Manifest" means the shipping document
originated and signed by the generator which contains the information required
by Chapter 3745-52 of the Administrative Code.
(2) "Motor vehicle waste disposal well" means
a well that has the potential to receive, receives, or has received fluids from
vehicular repair or maintenance activities, such as an auto body repair shop,
automotive repair shop, new and used car dealership, specialty repair shop
(e.g. transmission and muffler repair shop), or any facility that does any
vehicular repair work. Fluids disposed in these wells may contain organic and
inorganic chemicals in concentrations that exceed the maximum contaminant
levels (MCLs) established by the primary drinking water regulations. These
fluids also may include waste petroleum products and may contain contaminants,
such as heavy metals and volatile organic compounds, which pose risks to human
health, safety or the environment.
(O)
(1)
"Other wastes" means garbage, refuse, decayed wood, sawdust, shavings, bark,
and other wood debris, lime, sand, ashes, offal, night soil, oil, tar, coal
dust, dredged or fill material, or silt, other substances that are not sewage,
sludge, sludge materials, or industrial waste, and any other "pollutants" or
"toxic pollutants" as defined in the Federal Water Pollution Control Act that
are not sewage, sludge, sludge materials, or industrial waste.
(2) "Owner or operator" means the owner or
operator of any facility or activity subject to regulation under Chapters 3734.
and 6111. of the Revised Code and all rules promulgated thereunder.
(P)
(1) "Packer" means a device lowered into a
well to produce a fluid-tight seal.
(2) "Permit" means an authorization, license,
or equivalent document issued by Ohio EPA to implement the requirements of
Chapter 6111. of the Revised Code. Permit does not include a draft permit, a
permit issued by the hazardous waste facility approval board under Chapter
3734. of the Revised Code, or rule
3745-34-11 of the Administrative
Code.
(3) "Person" means an
individual, association, partnership, the State of Ohio or any agency or
employee thereof, the federal government or any agency or employee thereof, any
other state or agency or employee thereof, any interstate agency, any municipal
corporation, political subdivision, public or private corporation, or other
entity.
(4) "Plugging" means the
act or process of stopping the flow of water, oil or gas into or out of a
formation through a borehole or well penetrating that formation.
(5) "Plugging record" means a systematic
listing of permanent or temporary abandonment of water, oil, gas, test,
exploration and waste injection wells, and may contain a well log, description
of amounts and types of plugging material used, the method employed for
plugging, a description of formations that are sealed and a graphic log of the
well showing formation location, formation thickness, and location of plugging
structures.
(6) "Point of
injection" means the last accessible sampling point prior to waste fluids being
released into the subsurface environment through a class V injection well. For
example, the "point of injection" of a class V septic system might be the
distribution box, which would be the last accessible sampling point before the
waste fluids drain into the underlying soils. For a dry well, it is likely to
be the well bore itself.
(7) "POTW"
or "publicly owned treatment works" means any device or system used in the
treatment (including recycling and reclamation) of municipal sewage or
industrial wastes of a liquid nature which is owned by a state or municipality.
This definition includes sewers, pipes, or other conveyances only if they
convey wastewater to a POTW providing treatment.
(8) "Pressure" means the total load or force
per unit area acting on a surface.
(9) "Project" means a group of wells in a
single operation.
(R) "Radioactive waste"
means any waste that contains radioactive material in concentrations which
exceed those listed in 10 CFR Part 20, "Appendix B," Table II," column 2.
(S)
(1) "Sanitary waste"
means liquid or solid waste originating solely from humans and human
activities, such as wastes collected from toilets, showers, wash basins, sinks
used for cleaning domestic areas, sinks used for food preparation, cloths
washing operations, and sinks or washing machines where food and beverage
serving dishes, glasses, and utensils are cleaned. Sources of these wastes may
include single or multiple residences, hotels and motels, restaurants,
bunkhouses, schools, ranger stations, crew quarters, guard stations,
campgrounds, picnic grounds, day-use recreational areas, other commercial
facilities, and industrial facilities provided the waste is not mixed with
industrial waste.
(2) "Schedule of
compliance" means a schedule of remedial measures included in a permit,
including an enforceable sequence of interim requirements (for example,
actions, operations, or milestone events leading to compliance with the
appropriate act and regulations).
(3) "Septic system"
means a "well" that is used to emplace sanitary waste below the surface and is
typically comprised of a septic tank and subsurface fluid distribution system
or disposal system.
(4) "Sewage" means any
liquid waste containing sludge, sludge materials, or animal or vegetable matter
in suspension or solution, and may include household wastes as commonly
discharged from residences and from commercial, institutional, or similar
facilities.
(5) "Site" means the
land or water area where any facility or activity is physically located or
conducted, including adjacent land used in connection with the facility or
activity.
(6) "Sole source
aquifer" means any aquifer which has been so designated by the administrator of
the United States environmental protection agency pursuant to section 1424 (a)
or (e) of the SDWA.
(7) "Stratum (plural
strata)" means a single sedimentary bed or layer, regardless of thickness, that
consists of generally the same kind of rock material.
(8)
"Subsidence" means the lowering of the natural land surface in response to:
earth movement; lowering of fluid pressure; removal or underlying supporting
material by mining or solution of solids, either artificially or from natural
causes; compaction due to wetting (hydrocompaction); oxidation of organic
matter in soils; or added load on the land surface.
(9) "Subsurface fluid
distribution system" means an assemblage of perforated pipes, drain tiles, or
other similar mechanisms intended to distribute fluids below the surface of the
ground.
(10) "Surface casing"
means the first string of well casing to be installed in the well.
(T)
(1) "Total dissolved solids (TDS)" means the
total dissolved (filterable) solids as specified in 40 CFR part 136.
(2) "Transmissive fault or fracture" is a
fault or fracture that has sufficient permeability and vertical extent to allow
fluids to move between formations.
(U)
(1)
"UIC" means the underground injection control program under part C of the Safe
Drinking Water Act, or under sections
6111.043 and
6111.044 of the Revised
Code.
(2) "Underground injection"
means a well injection.
(3)
"Underground source of drinking water" or "USDW" means an aquifer or its
portion and is not an exempted aquifer, which does one of the following:
(a)
(i)
Supplies any public water system as defined by Chapter 3745-81 of the
Administrative Code.
(ii) Contains
a sufficient quantity of ground water to supply a public water system as
defined by Chapter 3745-81 of the Administrative Code and is one of one
following:
(a) Currently supplies drinking
water for human consumption.
(b)
Contains fewer than ten thousand mg/l total dissolved solids.
(W)
(1)
"Well" means any one of the following:
(a) A
bored, drilled, or driven shaft whose depth is greater than the largest surface
dimension.
(b) A dug hole whose
depth is greater than the largest surface dimension.
(c) An improved sinkhole.
(d) A subsurface fluid distribution system as
defined in this rule.
(2) "Well injection" means the subsurface
emplacement of fluids through a well.
(3) "Well plug" means a watertight and
gastight seal installed in a borehole or well to prevent movement of
fluids.
(4) "Well stimulation"
means several processes used to clean the well bore, enlarge channels, and
increase pore space in the interval to be injected, thus making it possible for
wastewater to move more readily into the formation, and includes (1) surging,
(2) jetting, (3) blasting, (4) acidizing, and (5) hydraulic
fracturing.
(5) "Well monitoring"
means the measurement, by on-site instruments or laboratory methods, of the
quality of water in a well.
(6)
"Well work over" means any work performed on a class I injection well which
involves maintenance, repair or removal and reinstallation of injection tubing
string.
(AA)
Incorporation by
reference. This chapter includes references to certain matter or materials. The
text of the referenced materials is not included in the rules contained in this
chapter. Information on the availability of the referenced materials as well as
the date of, or the particular edition or version of the material is included
in this rule. For materials subject to change, only the specific versions
specified in this rule are referenced. Material is referenced as it exists on
the effective date of this rule.
(1)
Availability. The materials incorporated by reference
are available as follows:
(a)
Code of Federal Regulations" (CFR). Information and
copies may be obtained by writing to: "U.S. government printing office, P.O.
Box 979050, St. Louis, MO 63197-9000." The full text of the CFR is also
available in electronic format at
www.ecfr.gov/. The
CFR compilations are also available for inspection and use at most public
libraries and "State Library of Ohio."
(b)
Other
publications. The availability of these documents is provided in paragraph
(AA)(2) of this rule. However, many of the documents are also available for
inspection and copying at most public libraries and "The State Library of
Ohio."
(2)
Incorporated materials.
(a)
Comprehensive
Environmental Response, Compensation, and Liability Act of 1980,
42 U.S.C.
9601 -
9675, as amended through
2002.
(b)
Resource Conservation and Recovery Act (RCRA),
42 U.S.C.
6901 -
6992k, as amended through
2012.
(c)
Clean Water Act (CWA) of 1977,
33 U.S.C. Section
1252 et seq. as amended in
2002.
(d)
Clean Air Act (CAA) of 1970,
42 U.S.C. Section
7401 et seq. as amended in
1990.
(e)
Safe Drinking Water Act (SDWA) of 1974,
42 U.S.C. Section
300 f et seq. as amended in
1996.
(f)
Marine Protection Research and Sanctuaries Act (MPRSA)
of 1972, 33 U.S.C. Sections
1411,
1414b,
1415, and
1417 as amended in
1988.