Ohio § 6111.045

§ 6111.045.

(A) Not later than twenty-four months after May 28, 1992, each owner or operator of a

class I injection well facility shall prepare and adopt a waste minimization and treatment

plan to identify the specific technically and economically feasible measures that

will be taken to prevent or reduce releases into the environment of the industrial

waste and other wastes generated at the facility and, in the case of such an injection

well facility that is located on the premises of the industrial facility generating

the wastes disposed of at the injection facility, the industrial waste and other wastes

generated at that industrial facility.  The plan shall cover a three-year planning period and shall include all of the following: (1) The name, address, and, if applicable, standard industrial classification code of

the facility; (2) A summary of the industrial wastes and other wastes generated at the facility, including

supporting data and calculations; (3) A description of the facility's historic efforts at waste minimization and treatment

and of existing waste minimization and treatment, source reduction, and recycling

practices undertaken at the facility in 1987 and subsequent years; (4) An assessment of the technically and economically feasible options for the further

elimination or reduction of such wastes that considers the impacts of cross-media

transfers and gives preference to source reduction over the recycling, treatment,

or disposal of the wastes; (5) The identification of specific objectives to prevent, reduce, or recycle releases

of such wastes when technically and economically feasible options exist; (6) An explanation of the rationale for the objectives identified under division (A)(5)

of this section; (7) A signed policy statement articulating the commitment of upper management and the

corporation to implement the waste minimization and treatment plan and its objectives. (B) Each waste minimization and treatment plan prepared and adopted under division (A)

of this section shall be retained at the facility to which it applies and shall be

made available for inspection and review by the director of environmental protection

or the director's authorized representative.  The disclosure of any trade secret information contained in any such plan is subject

to prosecution as a theft offense, as defined in section 2913.01 of the Revised Code . (C) Every three years after the adoption of a waste minimization and treatment plan under

division (A) of this section, the owner or operator of the facility to which the plan

applies, on or before the anniversary of the date of the adoption of the plan, shall

do all of the following: (1) Review the operation of the facility for any changes in the type and amount of industrial

waste or other wastes generated at the facility that have occurred since the adoption

of the plan or the most recent revision of the plan; (2) If necessary or appropriate, reevaluate the technically and economically feasible

options for reducing or eliminating the generation of industrial waste or other wastes

at the facility; (3) If any changes in the type or amount of wastes generated at the facility are identified

under division (C)(1) of this section or if, after a reevaluation conducted under

division (C)(2) of this section, the owner or operator of the facility determines

that the waste minimization and treatment options in the plan or most recent revision

of the plan should be updated, amend the plan to update the information contained

in it and include in the amendment an explanation of the need for the amendment. (D)(1) Not later than May 28, 1994, each owner or operator of a class I injection well facility

shall submit to the director of environmental protection an executive summary of the

waste minimization and treatment plan adopted by the owner or operator under division

(A) of this section.  The executive summary shall include a synopsis of each of the elements required

to be included in the plan under divisions (A)(2) to (6) of this section and shall

include a signed policy statement articulating the commitment of upper management

and the corporation to implement the plan and its objectives. (2) Every three years after the adoption of a waste minimization and treatment plan under

division (A) of this section, the owner or operator of a class I injection well facility,

on or before the anniversary of the date of the adoption of the plan, shall submit

to the director a revised executive summary of the plan that meets the requirements

of division (D)(1) of this section and contains revisions to the previous executive

summary that reflect any amendments to the plan made by the most recent review of

the plan required under division (C) of this section. (E) No person shall fail to comply with this section. (F) As used in this section: (1) “ Disposal ” means the discharge, deposit, injection, dumping, spilling, leaking, emitting, or

placing of any industrial waste or other wastes into or on any land or ground or surface

water or into the air, except if the disposition constitutes storage or treatment. (2) “ Recycling ” means to use, reuse, or reclaim a material. (3) “ Release ” means any spilling, leaking, pumping, pouring, emitting, emptying, injecting, escaping,

leaching, dumping, or discharging into the environment of any industrial waste or

other wastes, including the abandonment or discarding of barrels, containers, or other

closed receptacles that contained an industrial waste or other waste. (4) “ Source reduction ” means any practice that reduces the amount of any industrial waste or other wastes

entering any waste stream or otherwise released into the environment, including fugitive

emissions, prior to recycling, treatment, or disposal and that reduces the hazards

to public health and the environment associated with the release of such wastes. “ Source reduction ” includes equipment or technology modifications, process or procedure modifications,

reformulation or redesign of products, substitution of raw materials, and improvements

in housekeeping, maintenance, training, or inventory control. “ Source reduction ” does not include any practice that alters the physical, chemical, or biological

characteristics or the volume of an industrial waste or other wastes through a process

or activity that is not integral to and necessary for the production of a product

or the providing of a service. (5) “ Treatment ” means any method, technique, or process designed to change the physical, chemical,

or biological characteristics or composition of any industrial waste or other wastes;

 to neutralize the waste;  to recover energy or material resources from the waste;

 to render the waste nonhazardous or less hazardous, safer to transport, store, or

dispose of, or amenable for recovery, storage, further treatment, or disposal;  or

to reduce the volume of the waste. (6) “ Waste minimization ” means any effort to reduce or recycle the quantity of waste generated and, when

feasible, to reduce or eliminate toxicity. “ Waste minimization ” does not include treatment unless the treatment is part of the recycling process.