Current through all regulations passed and filed through September 16, 2024
(A)
The owner or operator shall not accept for disposal or
dispose of any of the following materials:
(1)
Asbestos or
asbestos-containing waste material that is subject to the provisions of 40
C.F.R. Part 61, subpart M (1984), without the necessary
permits.
(2)
Containerized bulk liquids or non-containerized
liquids. For the purposes of this rule, bulk liquid containers do not include
small containers that are of a size normally found in household
waste.
(3)
Hazardous waste.
(4)
PCB waste, unless
otherwise authorized by 40 C.F.R. Part 761 (1978).
(5)
Infectious waste,
except as follows:
(a)
Infectious waste transported and disposed of pursuant
to division (B)(1)(a)(ii) of section
3734.021 of the Revised
Code.
(b)
Infectious waste that has been treated and rendered
non-infectious pursuant to Chapter 3734. of the Revised Code and the rules
adopted thereunder.
(6)
Source-separated
yard waste, except as follows:
(a)
Source-separated yard waste resulting from storm damage
or other natural catastrophe, upon written acknowledgment from Ohio EPA or the
local solid waste management district of the temporary need for
disposal.
(b)
Source-separated yard waste that has been refused by a
composting facility registered or licensed in accordance with Chapter 3745-560
of the Administrative Code. Upon acceptance of the yard waste, the owner or
operator shall obtain documentation of the refused load that identifies the
vehicle, the vehicle's load, the compost facility that refused acceptance of
the yard waste, and the date of refusal on a form prescribed by the director
and place the documentation in the daily log of operations as specified in rule
3745-535-600 of the
Administrative Code.
(c)
Tree trunks and stumps.
(7)
Whole scrap tires
or shredded scrap tires except as follows:
(a)
Burned and
partially burned scrap tires, pyrolytic oil, and contaminated soils, provided
that those materials meet the definition of a solid waste.
(b)
Scrap tire pieces
from a licensed scrap tire recovery facility that are the byproduct of the
processing of scrap tires.
(c)
Whole scrap tires
that could not be processed by a licensed scrap tire recovery facility and are
accompanied by documentation from the licensed scrap tire recovery facility
indicating that the load of scrap tires was rejected.
(d)
Authorized
beneficial uses of scrap tires pursuant to Chapter 3745-580 of the
Administrative Code.
(8)
Low-level
radioactive waste as specified in section
3734.027 of the Revised
Code.
(9)
Semi-solid material containing free liquids determined
in accordance with "Test Methods for Evaluating Solid Waste (SW-846)," unless
the owner or operator has obtained prior written authorization from Ohio EPA to
dispose of the semisolid material in the facility.
(10)
Technologically
enhanced naturally occurring radioactive material, except technologically
enhanced naturally occurring radioactive material in compliance with divisions
(P) and (Q) of section
3734.02 of the Revised
Code.
(11)
Secondary aluminum waste or municipal solid waste that
has been commingled with secondary aluminum waste, unless otherwise authorized
in accordance with division (O)(3) of section
3734.02 of the Revised
Code.
(B)
PCB waste and hazardous waste prevention and detection
program.
(1)
Upon detection of a suspected PCB waste or hazardous waste,
the owner or operator shall do the following:
(a)
Place the
suspected PCB waste or hazardous waste in a designated area that is not the
working face and manage the waste in a manner that is protective of human
health and the environment.
(b)
Determine whether
the wastes are PCB waste or hazardous waste.
(c)
If the waste is
confirmed to be PCB waste or hazardous waste, implement the notifications
procedures specified in paragraph (B)(2)(e) of this rule, manage the PCB waste
or hazardous waste in accordance with applicable state and federal rules and
laws, and take such actions as are necessary to attain compliance with
applicable state and federal rules and laws.
(2)
The owner or
operator shall implement a written plan at the facility with procedures that
are sufficient to detect and prevent the disposal of PCB waste and hazardous
waste and contains at a minimum the following:
(a)
A detection
program consisting of at a minimum one of the following:
(i)
A random
inspection program where the owner or operator inspects incoming loads at the
facility as follows:
(a)
By means of a random numbers table or other equivalent
method established prior to the start of the business day.
(b)
At a frequency
sufficient to ensure that incoming loads do not contain regulated PCB waste or
hazardous waste, but not less than one inspection per fifty incoming
loads.
(c)
The owner or operator may exclude loads exclusively
from community operations, such as waste derived from households including
single and multiple residences, hotels and motels, bunkhouses, ranger stations,
crew quarters, campgrounds, picnic grounds, and day-use recreation
areas.
(ii)
A pre-acceptance waste screening program that includes
at a minimum the following:
(a)
A description of the type of wastes, characteristics,
and samples that need evaluation by the owner or operator prior to acceptance
at the facility.
(b)
A specification, based on the type of waste, that the
owner or operator obtain a written description of the waste from the generator
of the waste including its source, physical and chemical characteristics and
analytic data if available, and certification that the material does not
contain PCB waste or hazardous waste.
(c)
A specification,
based on the type of waste, that the owner or operator obtain a representative
sample of the waste from the generator, a certification from the generator that
the sample is representative of the waste stream, and a description of the
circumstances in which sample analysis is necessary.
(d)
A description of
the procedures and personnel, including professional qualifications,
responsible for determining waste acceptance and for documenting a decision on
waste acceptance.
(b)
Procedures to be
implemented upon detection or suspected detection of PCB waste or hazardous
waste.
(c)
Procedures for creating and maintaining records,
including inspection records, generator certifications, waste screening
documentation, and notifications.
(d)
Procedures for
training of facility personnel for personal safety and to recognize regulated
hazardous waste and PCB waste.
(e)
Procedures for
notifying the appropriate Ohio EPA district office and approved health district
upon the discovery of a regulated hazardous waste or PCB waste at the facility
including a notification to Ohio EPA and the approved health district not later
than twenty-four hours by telephone and not later than seven days in writing.
The notification shall identify all generators, transporters, and brokers of
the wastes and indicate where the waste was disposed of at the facility, if
applicable.
(C)
Incorporation by
reference. The text of the incorporated materials is not included in this rule
and is hereby made a part of this rule. Only the specific version specified in
this rule is incorporated. Any amendment or revision to a referenced document
is not incorporated until this rule has been amended to specify the new
version. The materials incorporated by reference include specifications of the
"Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods, third
edition, including Volume IV, Field Manual (SW-846)." Information and copies
may be obtained by writing to: "National Technical Information Service, U.S.
Department of Commerce, 5301 Shawnee Road, Alexandria, VA 22312." The full text
is also available in electronic format at
https://www.epa.gov/hw-sw846/sw-846-compendium. These test methods are also available for inspection and
copying at most public libraries and "The State Library of Ohio."
Replaces: 3745-27-19