Rule 3745-55-10. Applicability- closure and post-closure

119.03 Except as rule 3745-54-01 of the Administrative Code provides otherwise: (A) Rules 3745-55-11 to 3745-55-15 of the Administrative Code (which concern closure) apply to the owners and operators of all hazardous waste management facilities; and (B) Rule 3745-55-16 to 3745-55-20 of the Administrative Code (which concern post-closure care) apply to the owners and operators of: (1) All hazardous waste disposal facilities; (2) Waste piles and surface impoundments from which the owner or operator intends to remove the wastes at closure to the extent that rules 3745-55-10 to 3745-55-20 of the Administrative Code are made applicable to such facilities in rules 3745-56-28 and 3745-56-58 of the Administrative Code; (3) Tank systems that are required under rule 3745-55-97 of the Administrative Code to meet the requirements for landfills; and (4) Containment buildings that are required under rule 3745-205-102 of the Administrative Code to meet the requirements for landfills. (C) The director may replace all or part of the requirements of rules 3745-55-10 to 3745-55-20 of the Administrative Code [and the unit-specific standards referenced in paragraph (C) of rule 3745-55-11 of the Administrative Code that apply to a regulated unit] with alternate requirements set out in a permit or in an enforceable document (as defined in rule 3745-50-45 of the Administrative Code) where the director determines that: (1) The regulated unit is situated among waste management units (or areas of concern), a release has occurred, and both the regulated unit and one or more waste management unit(s) (or areas of concern) are likely to have contributed to the release; and (2) It is not necessary to apply the closure requirements of rules 3745-55-10 to 3745-55-20 of the Administrative Code (and those referenced herein) because the alternative requirements will protect human health and the environment and will satisfy the closure performance standard of paragraphs (A) and (B) of rule 3745-55-11 of the Administrative Code

likely to have contributed to the release; and (2) It is not necessary to apply the closure requirements of rules 3745-55-10 to 3745-55-20 of the Administrative Code (and those referenced herein) because the alternative requirements will protect human health and the environment and will satisfy the closure performance standard of paragraphs (A) and (B) of rule 3745-55-11 of the Administrative Code. Supplemental Information Authorized By: 3734.12 Amplifies: 3734.12 5/29/1985 (Emer.), 12/8/1988