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Ohio Administrative Code (Last Updated: January 12, 2021) |
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3745 Ohio Environmental Protection Agency |
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Chapter3745-66. Closure and Post-Closure Under Interim Standards |
3745-66-40. Applicability- financial requirements
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(A) The requirements of rules 3745-66-42, 3745-66-43, 3745-66-47, and 3745-66-48 of the Administrative Code apply to owners and operators of all hazardous waste facilities, including underground injection control facilities, except as this rule or rule 3745-65-01 of the Administrative Code provide otherwise.
(B) The requirements of rules 3745-66-44 and 3745-66-45 of the Administrative Code apply only to owners and operators of:
(1) Disposal facilities;
(2) Tank systems that are required under rule 3745-66-97 of the Administrative Code to meet the requirements for landfills; and
(3) Containment buildings that are required under rule 3745-256-102 of the Administrative Code to meet the requirements for landfills.
(C) The state of Ohio and federal agencies are exempt from the requirements of rules 3745-66-40 to 3745-66-48 of the Administrative Code.
(D) The director may replace all or part of the requirements of rules 3745-66-40 to 3745-66-48 of the Administrative Code that apply to a regulated unit with alternative requirements for financial assurance set out in the permit or in an enforceable document[as defined in paragraph (G) of rule 3745-50-45 of the Administrative Code], where the director:
(1) Prescribes alternative requirements for the regulated unit under paragraph (F) of rule 3745-65-90 and /or paragraph (D) of rule 3745-66-10 of the Administrative Code, and
(2) Determines that it is not necessary to apply the requirements of rules 3745-66-40 to 3745-66-48 of the Administrative Code because the alternative financial assurance requirements will protect human health and the environment.