Hazardous Waste Final Actions Issued

Issued Final Actions of the Director

Below are links to PDF files of various final actions of the director issued through DHWM. These actions vary from administrative enforcement actions to final disposition on permit & variance applications to final decisions on hazardous waste clean-up plans. Final actions of the director o are appealable to the Environmental Review Appeals Commission ("ERAC") pursuant to Section 3745.04 of the Ohio Revised Code. Information about the appeals process can be obtained here: http://www.epa.ohio.gov/legal/appeal.aspx

In general, DHWM will strive to post these actions within a few days after they have been finalized. If you are looking for a particular final action and cannot find it on our web site, please call 614-644-2621.

• Administrative enforcement actions - A comprehensive compliance assurance program supported by effective enforcement is critical to fulfilling the Division’s mission of ensuring compliance with Ohio’s hazardous waste laws. One enforcement option available to Ohio EPA is for the Director to invite the company to negotiate an Administrative Consent Order to help bring the company back into compliance with the state’s hazardous waste laws and regulations.
  
  Sometimes we include economic sanctions to deter future violations or to recover an economic benefit that resulted from a company’s noncompliance. In many of our orders, we encourage the use of Pollution Prevention Supplemental Environmental Project(s) (P2 SEP) in lieu of the company paying a portion of the penalty. We have included on this web page the hazardous waste Orders issued by the director for the last few years. Historical Orders are available upon request. Please use the contact number provided above. 
   
• Hazardous Waste Installation and Operation Permits - The State of Ohio issues hazardous waste permits to applicants seeking to conduct certain hazardous waste management activities. The permits are legally binding and enforceable documents. Unless specifically exempted or excluded by Ohio hazardous waste rules, any person that treats, stores or disposes of hazardous waste must first obtain a hazardous waste permit.
  
  The permit contains terms and conditions (T&C) that define the permittee’s obligations under Ohio’s hazardous waste rules and the operating boundaries within which hazardous waste management activities must be conducted. These T&C’s then serve as the basis for compliance evaluations and, if necessary, subsequent enforcement actions to remedy any non-compliance. 
   
• Environmental Covenants/Property Use Restrictions - With the passage of House Bill 516 on December 22, 2004 Ohio’s General Assembly created in Ohio Revised Code §5301.80 to §5301.92 Ohio’s version of the Uniform Environmental Covenants Act. “Environmental covenant” means a servitude arising under an environmental response project that imposes activity and use limitations and that meets the requirements established in §5301.82 of the Revised Code.
  
  The law provides both Ohio EPA and the holder or owner of property the express legal authority to agree to subject that property or portion of that property to specified activity and use limitations, generally defined as restrictions or obligations, pursuant to a plan or work performed for environmental remediation of real property or for protection of ecological features associated with real property. 
   
• ORC 3734.02(G) Exemption Orders - Section 3734.02 of the ORC provides that the director of Ohio EPA, by order, may exempt any person storing, treating, or disposing of hazardous waste from any requirement to either obtain a permit or to comply with any other requirement of ORC Chapter 3734. Such orders are typically referred to as .02(G) orders. Prior to issuing an .02(G) order, the director must make the determination that the hazardous waste is managed “...in such quantities or under such circumstances that...are unlikely to adversely affect the public health or safety or the environment....” Exemptions granted under this statutory provision have to be consistent with and equivalent to any regulations adopted under RCRA. 
   
• Variances & Waivers - Under specific circumstances, a hazardous waste generator or recycler may request a variance from the definition as a waste for hazardous wastes that are recycled. Such a variance may only be granted by the director of Ohio EPA. The circumstances are described in OAC rule 3745-50-23. Section 3752.10 of the ORC allows the owner or operator of a reporting facility who temporarily discontinues all regulated operations at the facility for a period exceeding three hundred sixty-five days to apply for a waiver.  The director may grant such a waiver by issuance of an order in accordance with Chapter 3745 of the ORC.
   
• Corrective Action Decision Documents (non-permit related) - A Decision Document presents selected remedies for clean-up of a facility under RCRA’s Corrective Action program. Past and present activities at RCRA facilities have sometimes resulted in releases of hazardous waste and hazardous constituents into soil, ground water, surface water, sediments, and air. Hazardous waste regulations generally mandate that RCRA Treatment, Storage and Disposal Facilities (TSDFs) investigate and cleanup, or remediate, these hazardous releases. This program is known as RCRA Corrective Action. 
   
• Closure and Post-Closure Plan Actions (non-permit related) - Closure plans are documents required by federal and state law to ensure that a hazardous waste management unit is closed properly. TSDF closure plans are subject to review and approval by Ohio Environmental Protection Agency (Ohio EPA) - the delegated authority to implement and oversee RCRA Subtitle C in the state.
  
  Ohio EPA reviews closure plans to ensure an environmentally acceptable closure at facilities and to ensure all statutory requirements for closure are met. A component of the review and approval process includes an opportunity for public participation. Closure plans successfully completed through the state’s review of the closure certification also provide documentation that a hazardous waste management unit or facility has been properly closed prior to subsequent use or sale of the property.