3745-56-27. Emergency repairs and contingency plans- surface impoundments  


Latest version.
  • (A) A surface impoundment shall be removed from service in accordance with paragraph (B) of this rule when:

    (1) The level of liquids in the impoundment suddenly drops and the drop is not known to be caused by changes in the normal flows out of the impoundment through the inflow or outflow devices; or

    (2) The dike leaks.

    (B) When a surface impoundment is removed from service as required by paragraph (A) of this rule, the owner or operator shall:

    (1) Immediately shut off the flow or stop the addition of wastes into the impoundment; and

    (2) Immediately contain any surface leakage which has occurred or is occurring;

    and

    (3) Immediately stop the leak; and

    (4) Take any other necessary steps to stop or prevent catastrophic failure; and

    (5) If a leak cannot be stopped by any other means, empty the impoundment; and

    (6) Notify the director of the problem in writing within seven days after detecting the problem.

    (C) As part of the contingency plan required in rules 3745-54-50 to 3745-54-56 of the Administrative Code, the owner or operator shall specify a procedure for complying with paragraph (B) of this rule.

    (D) No surface impoundment that has been removed from service in accordance with this rule may be restored to service unless the portion of the impoundment which was failing is repaired and the following steps are taken:

    (1) If the impoundment was removed from service as the result of actual or imminent dike failure, the dike's structural integrity shall be recertified in accordance with paragraph (C) of rule 3745-56-26 of the Administrative Code; or

    (2) If the impoundment was removed from service as a result of a sudden drop in the liquid level, then:

    (a) For an existing portion of the impoundment, a liner shall be installed in compliance with paragraph (A) of rule 3745-56-21 of the Administrative Code; and

    (b) For any other portion of the impoundment, the repaired liner system shall be certified by a qualified engineer as meeting the design specifications approved in the permit.

    (3) The owner or operator shall comply with paragraph (F) of rule 3745-56-21 of the Administrative Code and shall have received approval from the director to restore the surface impoundment to service.

    (E) A surface impoundment that has been removed from service in accordance with this rule and that is not being repaired shall be closed in accordance with rule 3745-56-28 of the Administrative Code.


Effective: 10/31/2015
Five Year Review (FYR) Dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 01/07/1983, 08/30/1984, 12/30/1989, 02/11/1992