Ohio Administrative Code
Title 3745 - Ohio Environmental Protection Agency
Chapter 3745-66 - Closure and Post-Closure Under Interim Standards
Section 3745-66-21 - Post-closure requirements for facilities that obtain enforceable documents in lieu of post-closure permits
Universal Citation: OH Admin Code 3745-66-21
Current through all regulations passed and filed through December 16, 2024
(A) Owners and operators who are subject to the requirement to obtain a post-closure permit under rule 3745-50-45 of the Administrative Code, but who obtain enforceable documents in lieu of post-closure permits, as provided under paragraph (G) of rule 3745-50-45 of the Administrative Code, must comply with the following requirements:
(1) The requirements to submit information
about the facility in paragraph (C)(14) of rule
3745-50-44 of the Administrative
Code;
(2) The requirements for
facility-wide corrective action in rule
3745-54-101 of the
Administrative Code;
(3) The
requirements of rules
3745-54-91 to
3745-54-100 of the
Administrative Code.
(B)
(1) The director, in issuing enforceable
documents under this rule in lieu of permits, will assure a meaningful
opportunity for public involvement which, at a minimum, includes public notice
and opportunity for public comment:
(a) When
Ohio EPA becomes involved in a remediation at the facility as a regulatory or
enforcement matter;
(b) On the
proposed preferred remedy and the assumptions upon which the remedy is based,
in particular those related to land use and site characterization;
and
(c) At the time of a proposed
decision that remedial action is complete at the facility. These requirements
must be met before the director may consider that the facility has met the
requirements of paragraph (G) of rule
3745-50-45 of the Administrative
Code, unless the facility qualifies for a modification to these public
involvement procedures under paragraph (B)(2) or (B)(3) of this rule.
(2) If the director determines
that even a short delay in the implementation of a remedy would adversely
affect human health or the environment, he may delay compliance with the
requirements of paragraph (B)(1) of this rule and implement the remedy
immediately. However, the director will assure involvement of the public at the
earliest opportunity, and, in all cases, upon making the decision that
additional remedial action is not needed at the facility.
(3) The director may allow a remediation
initiated prior to October 22, 1998 to substitute for corrective action
required under a post-closure permit even if the public involvement
requirements of paragraph (B)(1) of this rule have not been met, so long as he
assures that notice and comment on the decision that no further remediation is
necessary to protect human health and the environment takes place at the
earliest reasonable opportunity after the first effective date of this rule.
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