(A) The owner or operator of surface
impoundment units subject to paragraph (A) of rule
3745-67-21
of the Administrative Code shall
develop a response
action plan and keep the response action plan on-site until closure of the
facility. The response action plan shall describe the actions to be taken
if the action leakage rate has been exceeded. At a minimum, the response action
plan shall describe the actions specified in paragraph (B) of this
rule.
(B) If the flow rate into the
leak detection system exceeds the action leakage rate for any sump, the owner
or operator shall :
(1) Notify the director in writing of the
exceedance within seven days after the determination;
(2) Submit a preliminary written assessment
to the director within fourteen days after the determination, as to the amount
of liquids, likely sources of liquids, possible location, size, and cause of
any leaks, and short-term actions taken and planned;
(3) Determine to the extent practicable the
location, size, and cause of any leak;
(4)
Determine whether waste receipt should cease or should be curtailed, whether
any waste should be removed from the unit for inspection, repairs, or controls,
and whether or not the unit should be closed;
(5) Determine any other short-term and
longer-term actions to be taken to mitigate or stop any leaks; and
(6) Within thirty days after the notification
that the action leakage rate has been exceeded, submit to the director the
results of the analyses specified in paragraphs (B)(3), (B)(4), and (B)(5) of
this rule, the results of actions taken, and actions planned. Monthly
thereafter, as long as the flow rate in the leak detection system exceeds the
action leakage rate, the owner or operator shall submit to the director a
report summarizing the results of any remedial actions taken and actions
planned.
(C) To make the
leak or remediation determinations in paragraphs (B)(3), (B)(4), and (B)(5) of
this rule, the owner or operator shall :
(1)
(a) Assess the source of
liquids and amounts of liquids by source; and
(b) Conduct a fingerprint, hazardous
constituent, or other analyses of the liquids in the leak detection system to
identify the source of liquids and possible location of any leaks, and the
hazard and mobility of the liquid; and
(c)
Assess the seriousness of any leaks in terms of potential for escaping into the
environment;
or
(2) Document why
such assessments are not needed.
