(A) The owner or operator of a sanitary
landfill facility which may be deemed a residual waste landfill facility in
accordance with paragraph (C) of rule
3745-30-01 of the
Administrative Code may obtain authorization from the director in accordance
with paragraph (C) of rule
3745-30-02 of the
Administrative Code to comply with Chapter 3745-30 of the Administrative Code
in lieu of Chapter 3745-27 of the Administrative Code. Upon receiving
authorization from the director in accordance with paragraph (C) of rule
3745-30-02 of the
Administrative Code, the owner or operator shall comply with the requirements
of Chapter 3745-30 of the Administrative Code, except that the owner or
operator shall continue to comply with all applicable authorizing
document(s)
documents, including a plan approval, operational
report, or approved permit to install for the sanitary landfill facility, and
the current operating license for the sanitary landfill facility until such
time as the owner or operator obtains the necessary approvals to change these
requirements.
(B) The owner or
operator of a sanitary landfill facility which may be deemed an industrial
solid waste landfill facility in accordance with paragraph (B) of rule
3745-29-01 of the
Administrative Code may comply with Chapter 3745-29inlieu of Chapter 3745-27 of
the Administrative Code if all of the following apply:
(1) The sanitary landfill facility may be
defined as an "industrial solid waste landfill facility" as that term is
defined in rule
3745-29-01 of the
Administrative Code.
(2) The
sanitary landfill facility has not been or cannot be deemed a residual waste
landfill facility in accordance with paragraph (C) of rule
3745-30-02 of the
Administrative Code.
(3) The
director has received a complete notification in accordance with paragraph (C)
of rule
3745-29-02 of the
Administrative Code.
Upon receipt by the director of a complete notification and
certification in accordance with paragraph (C) of rule
3745-29-02 of the
Administrative Code, the owner or operator shall comply with the requirements
of Chapter 3745-29 of the Administrative Code, except that the owner or
operator shall continue to comply with all applicable authorizing
document(s)
documents, including a plan approval, operational
report, or approved permit to install for the sanitary landfill facility, and
the current operating license for the sanitary landfill facility until such
time as the owner or operator obtains the necessary approvals to change these
requirements.
(C) A
sanitary landfill which exclusively disposes of processed scrap tires in a
monofill or monocell is subject to
the requirements
in rules
3745-27-60
to
3745-27-75
of the Administrative Code.
(D) A sanitary landfill facility
which does not receive municipal solid waste on or after June 1, 1994 is not
subject to any of the following requirements:
(1) Paragraphs (B) and (C)(15) of
rule
3745-27-08
of the Administrative Code. In lieu of cap system requirements specified in
paragraph (C)(15) of rule
3745-27-08
of the Administrative Code, the owner or operator shall comply with paragraph
(C)(16) of rule
3745-27-08
of the Administrative Code.
(2) Paragraph (G) of rule
3745-27-11
of the Administrative Code, insofar as it requires compliance with the cap
system requirements of paragraph (C)(15) of rule
3745-27-08
of the Administrative Code.
(3) Paragraph (C) of rule
3745-27-19
of the Administrative Code, insofar as it requires compliance with the interim
composite liner/leachate collection system requirements of paragraph (B) of
rule
3745-27-08
of the Administrative Code.
(4) Rule
3745-27-20
of the Administrative Code.
(E)
(D) For the purposes
of
Chapters 3745-27
this chapter and
Chapter
3745-30 of the Administrative Code, the determination of whether spent foundry
sand, fly ash, or bottom ash, excluding fly ash and bottom ash produced by a
solid waste disposal facility or infectious waste treatment facility, is
nontoxic shall be determined by the Ohio environmental protection
agency.
Notes
Ohio Admin. Code
3745-27-04
Effective:
1/1/2017
Five Year Review (FYR) Dates:
08/01/2016 and
01/01/2022
Promulgated
Under: 119.03
Statutory
Authority: 3734.02
Rule
Amplifies: 3734.02
Prior
Effective Dates: 7/29/1976, 1/13/1992, 6/1/1994, 3/1/1996,
11/30/2002
