Current through all regulations passed and filed through September 16, 2024
The following conditions apply to all Ohio hazardous waste
permits issued pursuant to a review of a "Part B" application, and shall be
incorporated into the permits either expressly or by reference. If incorporated
by reference, a specific citation to hazardous waste management rules shall be
given in the permit.
(A) Duty to
comply. The permittee shall comply with all conditions of this permit except
that the permittee need not comply with the conditions of this permit to the
extent and for the duration such noncompliance is authorized in an emergency
permit. (See rule
3745-50-57 of the Administrative
Code.) Any permit noncompliance, except under the terms of an emergency permit,
constitutes a violation of Chapter 3734. of the Revised Code and is grounds for
enforcement action; for permit revocation or modification; or for denial of a
permit renewal application.
(B)
Duty to reapply. If the permittee wishes to continue an activity regulated by
this permit after the expiration date of this permit, the permittee shall apply
for and obtain a new permit.
(C)
The need to halt or reduce activity is not a defense for a permittee in an
enforcement action for which the permittee would have to halt or reduce the
permitted activity in order to maintain compliance with the conditions of this
permit.
(D)
In the event of
noncompliance with the permit, the permittee shall take all reasonable
steps to minimize releases to the environment, and shall carry out such
measures as are reasonable to prevent significant adverse impact on human
health or the environment .
(E) Proper operation and maintenance. The
permittee shall at all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) which are
installed or used by the permittee to achieve compliance with the conditions of
this permit. Proper operation and maintenance includes effective performance,
adequate funding, adequate operator staffing and training, and adequate
laboratory and process controls, including appropriate quality assurance
procedures. This provision requires the operation of back-up or auxiliary
facilities or similar systems only when necessary to achieve compliance with
the conditions of the permit.
(F)
Permit actions. This permit may be modified or revoked for cause. The filing of
a request by the permittee for a permit modification or revocation, or a
notification of planned changes or anticipated noncompliance, does not stay any
permit condition.
(G) Property
rights. The permit does not convey any property rights of any sort, or any
exclusive privilege.
(H) Duty to
provide information. The permittee shall furnish to the director, within a
reasonable time, any relevant information which the director may request to
determine whether cause exists for modifying or revoking, or to determine
compliance with, this permit. The permittee also
shall furnish to the director, upon
request, copies of records required to be kept by this permit.
(I) Inspection and entry. The permittee shall
allow the director, or an authorized representative, upon proper identification
and upon stating the purpose and necessity of an inspection, to
:
(1) Enter at reasonable times upon the
permittee's premises where a regulated facility or activity is located or
conducted, or where records shall be kept under the conditions of this
permit;
(2) Have
access to and copy, at reasonable times, any records that shall be kept under
the conditions of this permit;
(3)
Inspect at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this
permit;
and
(4) Sample or monitor at
reasonable times, for the purposes of assuring permit compliance or as
otherwise authorized by Chapter 3734. of the Revised Code, any substances or
parameters at any location.
(J) Monitoring and records.
(1) Samples and measurements taken for the
purpose of monitoring shall be representative of the monitored
activity.
(2) The permittee shall
retain records of all monitoring information, including all calibration and
maintenance records and all original strip chart recordings for continuous
monitoring instrumentation, copies of all reports required by this permit, the
certification required by paragraph (B)(9) of rule
3745-54-73 of the Administrative
Code, and records of all data used to complete the application for this permit,
for a period of at least three years after the date of the sample, measurement,
report, certification, or application. This period may be extended by request
of the director at any time. The permittee shall maintain records from all
ground water monitoring wells and associated ground water surface elevations
for the active life of the facility, and for disposal facilities for the
post-closure care period as well.
(3) Records for monitoring information shall
include :
(a) The date, exact place, and time of
sampling or measurements;
(b) The
names of the individuals who performed the sampling or measurements;
(c) The dates analyses were performed;
(d) The names of the individuals who
performed the analyses;
(e) The
analytical techniques or methods used; and
(f)
The results of such analyses.
(K) Signatory requirements. All applications,
reports, or information submitted to the director shall be signed and certified
(see rule
3745-50-42 of the Administrative
Code).
(L) Reporting requirements.
(1) Planned changes. The permittee shall give
notice to the director as soon as possible of any planned physical alterations
or additions to the permitted facility.
(2) Anticipated noncompliance. The permittee
shall give advance notice to the director of any planned changes in the
permitted facility or activity which may result in noncompliance with permit
requirements. For a new facility, the permittee may not treat, store, or
dispose of hazardous waste; and for a facility being modified, the permittee
may not treat, store, or dispose of hazardous waste in the modified portion of
the facility except as provided in rule
3745-50-51 of the Administrative
Code, until:
(a) The permittee has submitted
to the director by certified mail or hand delivery a letter signed by the
permittee and a registered professional engineer
stating that the facility has been constructed or modified in compliance with
the permit; and
(b) The director
has inspected the modified or newly constructed facility and finds that the
facility is in compliance with the conditions of the permit; or
(c) Within fifteen days after the date of
submittal of the letter in paragraph (L)(2)(a) of this rule, the permittee has
not received notice from the director of intent to inspect, prior inspection is
waived and the permittee may commence treatment, storage, or disposal of
hazardous waste.
(3)
Transfers. This permit is not transferable to any person except after notice to
the director. The director may require modification of the permit to change the
owner and operator of the facility and incorporate such other requirements as
may be necessary under Chapter 3734. of the Revised Code. (See rule
3745-50-52 of the Administrative
Code.)
(4) Monitoring reports.
Monitoring results shall be reported at the intervals specified elsewhere in
this permit.
(5) Compliance
schedules. Reports of compliance or noncompliance with, or any progress reports
on, interim and final requirements contained in any compliance schedule of this
permit shall be submitted not later than fourteen days following each schedule
date.
(6) Twenty-four hour
reporting.
(a) The permittee shall report
orally to Ohio EPA any noncompliance which may endanger health or the
environment within twenty-four hours after the time the permittee becomes aware
of the circumstances, including :
(i) Information
concerning release of any hazardous waste that may cause an endangerment to
public drinking water supplies.
(ii) Any information of a release or
discharge of hazardous waste or of a fire or explosion from the hazardous waste
management facility which could threaten the environment or human health
outside the facility.
(b) The description of the occurrence and
the cause
of the occurrence shall include
:
(i) Name, address, and telephone number of
the owner or operator;
(ii)
Name, address, and telephone number of the facility;
(iii) Date, time, and type of incident;
(iv) Name and quantity of materials
involved;
(v) The
extent of injuries, if any;
(vi) An assessment of actual or potential
hazards to the environment and human health outside the facility, where this is
applicable;
and
(vii) Estimated quantity
and disposition of recovered material that resulted from the
incident.
(c) A written
submittal also shall be provided within five days after the time
the permittee becomes aware of the circumstances. The written submittal shall
contain a description of the noncompliance and
the cause
of the noncompliance; the period of noncompliance
including exact dates and times, and if the noncompliance has not been
corrected, the anticipated time the noncompliance is expected to continue; and
steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance. The director may waive the five-day written notice requirement
in favor of a written report within fifteen days.
(7) Manifest discrepancy report. If a
significant discrepancy in a manifest is discovered, the permittee shall
attempt to reconcile the discrepancy. If the
discrepancy is not resolved within fifteen days, the permittee shall
submit a report, including a copy of the manifest, to the director. (See rule
3745-54-72 of the Administrative
Code.)
(8) Unmanifested waste
report. This report shall be submitted to the director within fifteen days
after receipt of unmanifested waste. (See rule
3745-54-76 of the Administrative
Code.)
(9) Biennial report. A
biennial report shall be submitted to the director covering facility activities
during the odd numbered calendar years. (See rule
3745-54-75 of the Administrative
Code.)
(10) Other noncompliance.
The permittee shall report all instances of noncompliance not reported under
paragraphs (L)(4), (L)(5), and (L)(6) of this rule at the time monitoring
reports are submitted. The reports shall contain the information listed in
paragraph (L)(6) of this rule.
(11)
Other information. Where the permittee becomes aware that the permittee failed
to submit any relevant facts in the permit application, or submitted incorrect
information in a permit application or in any report to the director, the
permittee shall promptly submit such facts or information.
(M) Information repository. The director may
require the permittee to establish and maintain an information repository at
any time, based on the factors provided in paragraph (C)(2) of rule
3745-50-39 of the Administrative
Code. The information repository will be governed by paragraphs (C)(3) to
(C)(6) of rule
3745-50-39 of the Administrative
Code.
(N) The retention period for
all records required under this rule is extended automatically during the
course of any unresolved enforcement action regarding the facility or as
requested by the director.
