Current through all regulations passed and filed through September 16, 2024
(A)
Applicability.
(1)
This rule is applicable to the responsible individual
of any property where a fire involving more than one hundred scrap tires has
occurred regardless of whether the responsible individual is excluded from
compliance with the registration, permitting, or licensing requirements for
scrap tire facilities specified in this chapter. For the purposes of this rule,
"responsible individual" means the owner, operator, registrant, permittee,
licensee, or other person who conducted or allowed the accumulation or burning
of scrap tires.
(2)
Compliance with this rule does not prevent the director
from seeking legal or equitable relief to enforce the terms of this rule or
from taking other administrative, legal or equitable action as deemed
appropriate and necessary, including penalties for
noncompliance.
(3)
This rule is not applicable to the controlled
combustion of tires or tire material by the owner or operator of a facility
authorized in rule or by the director in writing to use tires or tire material
as fuel.
(B)
General requirements. Unless otherwise specified in an
order issued by the director, the approved board of health, or a court of law,
the responsible individual shall remediate areas of contamination resulting
from the burning of scrap tires in accordance with paragraphs (C) and (D) of
this rule, as applicable.
(C)
Remediation of scrap tire fire sites. The responsible
individual shall remediate the property as follows:
(1)
Not later than
seven days after the occurrence of a fire at the property, submit written
notification to Ohio EPA and the board of health that includes the
following:
(a)
The name, email address, and telephone number of the
responsible individual.
(b)
The address or location of the scrap tire
fire.
(c)
The date and duration of the fire, if
known.
(d)
The quantity of tires involved, to the extent
known.
(2)
Manage and remove all fire residuals on the property in
accordance with applicable state and federal rules and laws and remove and
dispose of all whole scrap tires with melted or charred surfaces and partially
burned scrap tires at a solid waste landfill not later than sixty days after
the start of the fire unless one of the following occurs:
(a)
The responsible
individual submits a request for an extension in writing and the request is
approved by Ohio EPA.
(b)
An alternative timeframe is specified by the director,
board of health, or court of law.
(D)
Corrective
measures.
(1)
The responsible individual shall initiate corrective
measures in accordance with paragraph (D)(2) of this rule if the surface soils
indicate the presence of any of the following:
(a)
Discoloration and
staining.
(b)
A petroleum sheen.
(c)
Pyrolytic
oil.
(2)
Not later than sixty days after discovery of an
indicator identified in paragraph (D)(1) of this rule, the responsible
individual shall complete the following corrective measures for each impacted
area:
(a)
Laterally and vertically excavate the soil in one foot
increments until surface soils no longer demonstrate the presence of any of the
indicators specified in paragraph (D)(1) of this rule.
(b)
After completion
of the excavations specified in paragraph (D)(2)(a) of this rule, remove an
additional six inches of soil.
(c)
Remove and
properly dispose of contaminated soils at a solid waste landfill, unless an
alternative method of disposal is authorized in writing by the
director.
(3)
The responsible individual may mitigate the
contaminated areas using in-situ technology such as soil vapor excavation or an
equivalent form of remediation in lieu of soil excavation upon written approval
by the director.
(4)
The responsible individual shall submit documentation
of remedial work performed and disposal receipts to the director not later than
fourteen days after completion of the corrective measures contained in
paragraphs (D)(1) to (D)(3) of this rule.
(E)
The director or
approved board of health, upon proper identification, may enter the site where
the scrap tire fire occurred at any time for the purpose of determining
compliance with this rule.
(F)
In addition to
the corrective measures contained in paragraphs (C) and (D) of this rule, the
director, approved board of health, or a court of law may require a responsible
individual to conduct additional remediation activities, sampling activities in
accordance with rule
3745-580-08 of the
Administrative Code, or ground water monitoring activities to protect human
health, safety, and the environment.
Replaces: 3745-27-79
