Ohio Administrative Code
Title 3745 - Ohio Environmental Protection Agency
Chapter 3745-34 - Underground Injection Control Program
Section 3745-34-28 - Schedule of compliance
Universal Citation: OH Admin Code 3745-34-28
Current through all regulations passed and filed through December 16, 2024
(A) General. The permit may, when appropriate, specify a schedule of compliance leading to compliance with sections 6111.043 and 6111.044 of the Revised Code and this chapter.
(1) Time for compliance. Any
schedules of compliance shall require compliance as soon as possible, and in no
case later than three years after the effective date of the permit.
(2) Interim dates. Except as provided in
paragraph (B)(1)(b) of this rule, if a permit establishes a schedule of
compliance which exceeds one year from the date of permit issuance, the
schedule shall set forth interim requirements and the dates for their
achievement.
(a) The time between interim
dates shall not exceed one year.
(b) If the time necessary for completion of
any interim requirement is more than one year and is not readily divisible into
stages for completion, the permit shall specify interim dates for the
submission of reports of progress toward completion of the interim requirements
and indicate a projected completion date.
(3) Reporting. The permit shall be written to
require that if paragraph (A)(1) of this rule is applicable, progress reports
be submitted no later than thirty days following each interim date and the
final date of compliance.
(B) Alternative schedules of compliance. A permit applicant or permittee may cease conducting regulated activities (by plugging and abandonment) rather than continue to drill or inject and meet permit requirements as follows.
(1) If the
permittee decides to cease conducting regulated activities at a given time
within the term of a permit which has already been issued:
(a) The permit may be modified to contain a
new or additional schedule leading to timely cessation of activities; or
(b) The permittee shall cease
conducting permitted activities before noncompliance with any interim or final
compliance schedule requirement already specified in the permit.
(2) If the decision to cease
conducting regulated activities is made before issuance of a permit whose term
will include the termination date, the permit shall contain a schedule leading
to termination which will ensure timely compliance with applicable
requirements.
(3) If the permittee
is undecided whether to cease conducting regulated activities, the director may
issue or modify a permit to contain two schedules as follows:
(a) Both schedules shall contain an identical
interim deadline requiring a final decision on whether to cease conducting
regulated activities no later than a date which ensures sufficient time to
comply with applicable requirements in a timely manner if the decision is to
continue conducting regulated activities;
(b) One schedule shall lead to timely
compliance with applicable requirements;
(c) The second schedule shall lead to
cessation of regulated activities by a date which will ensure timely compliance
with applicable requirements;
(d)
Each permit containing two schedules shall include a requirement that after the
permittee has made a final decision under paragraph (B)(3)(a) of this rule, it
shall follow the schedule leading to compliance if the decision is to continue
conducting regulated activities, and follow the schedule leading to termination
if the decision is to cease conducting regulated activities.
(4) The applicant's or permittee's
decision to cease conducting regulated activities shall be evidenced by a firm
public commitment satisfactory to the director, such as a resolution of the
board of directors of a corporation.
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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