Rule 3745-55-40. Applicability- financial requirements

119.03 (A) The requirements of rules 3745-55-42 , 3745-55-43 , and 3745-55-47 to 3745-55-51 of the Administrative Code apply to owners and operators of all hazardous waste facilities, except as provided otherwise in this rule or rule 3745-54-01 of the Administrative Code. (B) The requirements of rules 3745-55-44 and 3745-55-45 of the Administrative Code apply only to owners and operators of: (1) Disposal facilities; (2) Piles, and surface impoundments from which the owner or operator intends to remove the wastes at closure, to the extent that rules 3745-55-44 and 3745-55-45 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 state of Ohio and the federal government are exempt from the requirements of rules 3745-55-40 to 3745-55-51 of the Administrative Code. (D) The director may replace all or part of the requirements of rules 3745-55-40 to 3745-55-51 of the Administrative Code that apply to a regulated unit with alternate requirements of financial assurance set out in the permit or in an enforceable document (as defined in rule 3745-50-45 of the Administrative Code) where the director: (1) Prescribes alternative requirements for the regulated unit under paragraph (F) of rule 3745-54-90 and/or paragraph (C) of rule 3745-55-10 of the Administrative Code; and (2) Determines that it is not necessary to apply the requirements of rules 3745-55-40 to 3745-55-51 of the Administrative Code because the alternative financial assurance requirements will protect human health and the environment. Supplemental Information Authorized By: 3734.12 Amplifies: 3734.12 5/29/1985 (Emer.), 12/7/2000, 12/7/2004