Current through all regulations passed and filed through December 16, 2024
(A)
Immediately upon discovery of a damaged or failed
engineered component and in accordance with applicable federal, state, and
local statutes and rules, the owner or operator shall do the following:
(1)
Notify the
following:
(a)
If a spill needs to be reported in accordance with Chapter
3750-25 of the Administrative Code:
(i)
Ohio EPA emergency response twenty-four-hour telephone
service for spill reporting.
(ii)
For a licensed
facility, the licensing authority.
(iii)
For a permitted
facility, the permitting authority.
(b)
If necessary,
emergency responders.
(2)
Take all actions
in accordance with all applicable federal, state, and local statutes and rules
necessary to protect public health and safety and the environment including but
not limited to the following:
(a)
Prevent the release of pollution (such as waste,
C&DD, and leachate) from the facility to waters of the
state.
(b)
Prevent the release of pollution (such as explosive
gas, hydrogen sulfide gas, particulates, and fugitive dust) to the air or
control such pollution such that the owner or operator is in compliance with
all applicable air permits issued under Chapter 3704. of the Administrative
Code.
(c)
Prevent the occurrence of blowing litter, attraction of
vectors, and fire.
(d)
Prevent the damage or failure from
worsening.
(e)
Prevent future damage or another
failure.
(f)
Provide access to the responders, investigators, and
the licensing and permitting authorities to the area with the
failure.
(B)
The owner or
operator shall use all testing, analyses, observations, and calculations
necessary to investigate the nature of and determine the cause of the damage or
failure to an engineered component.
(C)
The owner or
operator shall repair or reconstruct the damaged or failed engineered
component.
(D)
The owner or operator shall reconstruct any engineered
component in strict accordance with applicable authorizing documents and submit
a construction certification report prepared in accordance with rule
3745-512-50 of the
Administrative Code.
(E)
If the damage or failure of the engineered component
was due to inadequate design, prior to reconstruction of the engineered
component the owner or operator shall obtain authorization for another design
from the permitting authority or, if the change is an alteration, from the
concurring authority.
(F)
If the damage or failure of the engineered component
was due to an inadequate material, the owner or operator shall reconstruct the
failed engineered component with a material that will prevent a failure from
occurring.
(G)
Not later than forty-five days after the date of
discovery of the damaged or failed engineered component, the owner or operator
shall submit to the concurring authority an investigation report that contains
at a minimum the following information:
(1)
The name and
location of the facility.
(2)
The name, address, and telephone number of the owner
and operator.
(3)
A summary describing the activities taken by the owner
or operator to investigate and respond to the damage or failure, including
repair or reconstruction.
(4)
The potential causes of the damage or failure and an
assessment of whether the damage or failure was due to inadequate design or
inadequate materials.
(5)
A description and schedule of the following additional
activities the owner or operator will conduct:
(a)
To continue to
respond to the damage or failure.
(b)
To investigate
the damage or failure.
(c)
To prevent similar damage or failure from occurring in
the future.
(6)
All photographs and results of sampling, testing, and
analyses conducted during the investigation.
(H)
The owner or
operator may request an extension of the time frame in paragraph (G) of this
rule. The request for an extension shall be submitted to the concurring
authority. The concurring authority may grant an extension provided the
following are met:
(1)
The owner or operator is in compliance with paragraph
(A) of this rule.
(2)
The owner or operator needs the extension of time to be
able to comply with paragraph (B), (C), or (D) of this rule.
(3)
The owner or
operator has conducted the response and investigation of the damage or failure
in a timely manner.
(4)
The granting of the extension will not adversely affect
public health or safety or the environment or cause or contribute to water
pollution or air pollution.
