Ohio Admin. Code 3745-27-07 - Additional criteria for approval of sanitary landfill facility permit to install applications
(4) The person listed as operator
meets the requirements of division (L) of section 3734.02 of the Revised Code
and rules adopted thereunder.
[Comment: This requirement does not apply to
a new unit(s)
unit
designated on June 1, 1994 that are
is within a previously authorized fill area.
Construction in an existing unit and new unit(s)
unit
designated as of June 1, 1994, must be in accordance with the applicable
authorizing document(s)
document, including a plan approval, operational
report, and
or
permit to install. See paragraph (C) of rule
3745-27-19 of the Administrative
Code. Unfilled areas of an existing unit and new unit(s)
unit
designated as of June 1, 1994, and not provided with a bottom liner/leachate
collection system in accordance with paragraph (D) of rule
3745-27-08 of the Administrative
Code are subject to paragraph (C) of rule
3745-27-19 and paragraph (A) of
rule 3745-27-20 of the Administrative
Code.]
[Comment: If a landfill is permitted to vertically expand below a previously approved, but unfilled, area, that area must be constructed in accordance with current rule requirements.]
(4) Applications for a sanitary
landfill facility submitted in response to divisions (A)(3) and (A)(4) of
section 3734.05 of the Revised Code shall comply with paragraphs (B), (C), and
(D) of rule 3745-27-08 of the Administrative Code, with the exception that
filled areas of the sanitary landfill facility shall, at a minimum, meet the
requirements of paragraphs (D)(1) to (D)(4), (D)(18) to (D) (23), and (D)(25)
to (D)(27) of rule 3745-27-08 of the Administrative Code.
The director shall not
approve a permit to install application for a permanent change in the
AMDWR
authorized
maximum daily waste receipt for the sanitary landfill facility unless the
owner or operator demonstrates that the sanitary landfill facility can operate
in compliance with all applicable solid waste regulations while receiving the
requested maximum daily waste receipt. An
At a minimum, an adequate demonstration for a
sanitary landfill facility includes, but is not
limited to, the following:
[Comment: An application for a temporary increase in the
AMDWR
authorized
maximum daily waste receipt must satisfy the criteria specified in rule
3745-37-14 of the Administrative
Code.]
(1) Proposed new unit(s). For
a
A permit to install application for a
proposed new unit(s), the director
unit shall not approve the
permit to install application for the proposed new unit(s),
be approved unless the director determines that the
owner or operator has demonstrated compliance with the location restriction
demonstration requirements specified in rule
3745-27-20 of the Administrative
Code.
(2) The director shall not approve a
permit to install application submitted in accordance with divisions (A)(3) and
(A)(4) of section 3734.05 of the Revised Code unless the director determines
that the owner or operator has demonstrated that any unfilled areas of the
sanitary landfill facility comply with the location restriction demonstration
requirements specified in rule 3745-27-20 of the Administrative
Code.
For the purposes of this
rule, an "authorized fill area" is an area within the limits of solid waste
placement of a sanitary landfill facility which
that is
authorized, by a permit(s)
permit to
install, plan approval, operational report, or other authorizing
document(s)
document to accept solid waste as of the date of
submittal of the permit to install application for a new unit.
Applicability of siting criteria is as
follows:
The director shall not approve the
permit to install application for a sanitary landfill facility unless the
director determines that the application meets the criteria specified in
paragraph (H) of this rule, as follows:
(1) Call-in permits. A sanitary
landfill facility for which the permit to install application, including any
proposed new unit(s) and/or a proposed vertical expansion, is submitted in
response to division (A)(3) or (A)(4) section 3734.05 of the Revised Code,
shall meet all the criteria specified in paragraph (H) of this rule; however,
the director may approve the application for one or more noncontiguous unit(s)
which meet the criteria specified in paragraph (H) of this rule, even though
other unit(s) do not meet the criteria specified in paragraph (H) of this
rule.
[Comment: The purpose of a call-in
permit is to upgrade a facility to the standards in Chapter 3745-27 of the
Administrative Code. The review of a call-in permit should be distinguished
from a "voluntary" expansion, or AMDWR permit application. Since the call-in
process looks at the entire facility, including any expansions proposed in the
call-in application, a voluntary application which may be approvable by itself
may not be adequate when viewed in the context of the entire facility. It is
the applicant's option to submit voluntary vertical or lateral expansions with
the call-in application or to submit a voluntary application before the call-in
application.]
[Comment: Paragraph (H)(4) of this
rule includes setbacks for natural areas, 300 feet from facility boundary, 1000
feet from domicile, and 200 feet from surface waters.]
[Comment: Paragraph (H)(2) includes
protection standards for sand/gravel pits, limestone/sandstone quarries, sole
source aquifer system, one hundred gallons per minute (gpm) aquifer system, and
fifteen-foot separation distance.]
[Comment: See diagram no. 1
in appendix I of
to this rule. Vertical expansion permits seek a
voluntary vertical change in waste placement boundaries. A decision for final
denial of a voluntary vertical expansion permit application does not alter the
current authorizing document(s)
document for the facility. Filling may continue in the
authorized fill area in accordance with the applicable authorizing
document(s)
document.]
Proposed new
unit(s)
unit
of a sanitary landfill facility shall meet all of the criteria specified in
paragraph (H) of this rule; however,
the
. The director may approve the
application for one or more noncontiguous proposed new
unit(s)
units
that meet the criteria specified in paragraph (H) of this rule, even
though
if
other proposed new unit(s)
units do not meet the criteria specified in paragraph
(H) of this rule.
[Comment: If a proposed new unit(s)
unit is an
expansion to the authorized fill area of an existing landfill, see paragraph
(G)(7)
(G)(6)
of this rule for the applicability of siting criteria to the authorized fill
area of the existing landfill.]
unit(s)
unit, the criteria specified in paragraph (H) of this
rule do not apply to an authorized fill area that is noncontiguous with the new
unit(s)
unit
proposed in the permit to install application.
[Comment: In this situation,
the
For a permit to install application
proposes
proposing a "new
unit" (lateral expansion area) of
at the facility that is not contiguous to the
currently permitted fill area (the
current
"authorized fill area").
All
, all siting criteria
would apply to the "new unit;"
and no siting criteria would apply to the authorized fill area. See diagram
no. 2 in appendix I
of
to this
rule.]
[Comment: In the situation addressed
in this paragraph, the permit to install application proposes a "new unit"
(lateral expansion area) of the facility that is contiguous to the currently
permitted fill area (the "authorized fill area"). All siting criteria apply to
the "new unit;" however, paragraphs (G)(7)(b)(i) and (G)(7)(b)(ii) of this rule
specify the criteria that apply to the authorized fill area. A final denial
decision on the voluntary proposed new unit(s) application does not alter the
approval to fill in the authorized fill area.]
(i) When evaluating a proposed new
unit(s), the following criteria specified in paragraph (H) of this rule do not
apply to the authorized fill area contiguous with the new unit(s) proposed in
the permit to install application:
(a)
Paragraph (H)(3) of this rule (ground water
setbacks).
(b)
Paragraph (H)(4) of this rule (general
setbacks).
[Comment: Paragraph (H)(3) of this
rule includes setbacks for five year time of travel to public water supply
well, underground mines, and one thousand feet from water supply well.
Paragraph (H)(4) of this rule includes setbacks for natural areas, three
hundred feet from facility boundary, one thousand feet from domicile, and two
hundred feet from surface waters.]
(ii) When evaluating proposed new
unit(s), the following criteria always apply to the authorized fill area
contiguous to the new unit(s) in the permit to install
application:
(a)
Paragraph (H)(1) of this rule (location in national
park, etc.).
(b)
Paragraph (H)(2) of this rule (ground water aquifer
system protection).
[Comment: Paragraph (H)(2) of this
rule includes protection standards for sand/gravel pits, limestone/sandstone
quarries, sole source aquifer system, one hundred gpm aquifer system, and
fifteen foot separation distance.]
[Comment: See diagram no. 3
in appendix I of
to this rule. If the vertical expansion component does
not meet the criteria specified in paragraph (G)(5)
(G)(4) of this
rule, then the applicant may consider revising the application to meet the
requirements specified in paragraph (G)(7)(b)
(G)(6)(b) of
this rule. A final denial decision on this voluntary permit does not alter the
filling approved in the authorized fill area.]
The
The one-thousand-foot
setback from the limits of solid waste placement does not apply if the
applicant obtains a written authorization from the owner(s)
owner and the
designated authority of the areas designated
identified
in paragraph (H)(1) of this rule to locate the limits of solid waste placement
within one thousand feet. Such authorizations must be effective prior to the
issuance date of the permit.
[Comment: Pursuant to division (M) of section
3734.02 of the Revised Code, the
limits of solid waste placement cannot be located within
these
the
areas identified in paragraph (H)(1) of this
rule.]
If
The sanitary landfill
facility is
and any
subsurface leachate storage structure or leachate lift station are not
located in a sand or gravel pit where the sand or gravel deposit has not been
completely removed. For the purposes of this paragraph,
a sand or gravel pit is an excavation resulting from a mining operation where
the removal of sand or gravel is undertaken for use in another location or for
commercial sale. This term does not include excavations of sand or gravel
resulting from the construction of the sanitary landfill facility.
For the purposes of this paragraph,
a sand or gravel pit is an excavation resulting from a mining operation where
the removal of sand or gravel is undertaken for use in another location or for
commercial sale. This term does not include excavations or sand or gravel
resulting from the construction of the sanitary landfill
facility.
The
limits of solid waste placement of the sanitary
landfill facility is
and any subsurface leachate storage structure or leachate
lift station are not located in a limestone quarry or sandstone quarry.
For the purposes of this paragraph, a limestone or
sandstone quarry is an excavation resulting from a mining operation where
limestone or sandstone is the principal material excavated for use in another
location or for commercial sale. This term does not include excavation of
limestone resulting from the construction of the sanitary landfill
facility.
For the purposes of this paragraph,
a limestone or sandstone quarry is an excavation resulting from a mining
operation where limestone or sandstone is the principal material excavated for
use in another location or for commercial sale. This term does not include
excavation of limestone resulting from the construction of the sanitary
landfill facility.
The sanitary landfill
facility is
and any
subsurface leachate storage structure or leachate lift station are not
located above an aquifer declared by the federal government under the
"Safe Drinking Water Act,"
42
U.S.C 300f et. seq.
(2003), to be a sole source aquifer prior
to the date of receipt of the permit to install application by Ohio
EPA.
The sanitary landfill
facility is
and any
subsurface leachate storage structure or leachate lift station are not
located above an unconsolidated aquifer system capable of sustaining a yield of
one hundred gpm
gallons per minute for a twenty-four-hour period
to an existing or future water supply well
located within one thousand feet of the limits of solid waste
placement of the sanitary landfill
facility
or any subsurface leachate storage
structure or leachate lift station.
The isolation distance
between the uppermost aquifer system and the bottom
of the recompacted soil liner of a sanitary landfill facility is
following are not less than fifteen feet, without accounting for compression or consolidation,
of in-situ or added geologic material constructed in accordance with rule
3745-27-08 of the Administrative
Code.
:
The limits of solid waste
placement of the sanitary landfill facility and any temporary or permanent
subsurface leachate ponds
storage structure
or lagoons
leachate lift station are not located within
the surface and subsurface areas of either of the
following:
a drinking water source protection
area for a public water supply using ground water.
(i) Surrounding an existing or
proposed public water supply well through which contaminants may move toward
and may reach the public water supply well through underground geologic or
man-made pathways within a period of five years.
For the purposes of this paragraph,
a proposed public water supply well is a well for which plans have been
submitted to Ohio EPA for inclusion in a public water supply system on, or
before, the date the permit to install application was received by Ohio EPA and
for which a final denial has not been issued.
(ii) A wellhead protection area or a
drinking water source protection area for a public water system using ground
water.
For the purposes of this paragraph,
a wellhead protection area includes areas near or surrounding a public water
supply well or well field as delineated by the owner or operator of the public
water supply well or well field and endorsed by Ohio EPA.
For purposes of this paragraph, a
drinking water source protection area for a public water system using ground
water includes areas near or surrounding a public water supply well or well
field as delineated by Ohio EPA. For the purposes of this paragraph, the
prohibition against siting in a drinking water source protection area for a
public water system using ground water shall not be effective until a map of
the delineated area is sent by Ohio EPA and received by the owner or operator
of the relevant public water supply well or well field.
[Comment: Information on wellhead
protection areas and a drinking water source protection area for a public water
system using ground water may be obtained from Ohio EPA's division of drinking
and ground waters.]
The sanitary landfill
facility is
and any
subsurface leachate storage structure or leachate lift station are not
located within an area of potential subsidence due to an underground mine
in existence on the date of receipt of the permit to
install application by Ohio EPA unless the potential impact due to subsidence
is minimized. The area of potential subsidence due to an underground mine is
the area defined byor within the
angle of draw of an
, extending from the underground mine
in existence on the date of receipt of the permit to
install application by Ohio EPA unless the potential impact to the facility due
to subsidence is minimized
to where the angle
of draw intercepts the ground surface. The angle of draw shall not be less than
fifteen degrees.
[Comment: Removal or filling of the mines is an acceptable method for minimizing the potential for subsidence.]
The limits of solid waste
placement of the sanitary landfill facility and any
subsurface leachate storage structure or leachate lift station are not
located within one thousand feet of a water supply well or a developed spring
in existence on the date the permit to install application was received by Ohio
EPA,
. For the
purposes of this paragraph, a developed spring is any spring that has been
permanently modified by the addition of pipes or a collection basin to
facilitate the collection and use of the spring water.
unless
This
paragraph does not apply if one or more of the following conditions are
met:
[Comment: If the applicant does not
meet the demonstration, then the limits of solid waste placement must be
located at least one thousand feet hydrogeologically downgradient of the water
supply well or developed spring.]
[Comment: Constructing a landfill with a composite bottom liner
system or an active gas management system is
an
are acceptable means to minimize the
potential for gas migration.]
For the purposes of this paragraph,
a developed spring is any spring that has been permanently modified by the
addition of pipes or a collection basin to facilitate the collection and use of
the spring water.
The limits of solid waste
placement of the sanitary landfill facility are not located with one thousand
feet of the following, that are in existence on the date of receipt of the
permit to install application by Ohio EPA:
[Comment: Stream segments designated as state resource waters may include some wetlands. Those wetlands that do not meet this designation are addressed in paragraph (H)(4)(d) of this rule.]
The limits of solid waste
placement of the sanitary landfill facility and any
leachate pond are not located with three hundred feet of the sanitary
landfill facility's property line.
The limits of solid waste
placement of the sanitary landfill facility are not located within one thousand
feet of a domicile, whose owner has not consented in writing to the location of
the sanitary landfill facility, in existence on the date of receipt of the
permit to install application by Ohio EPA.
The limits of solid waste
placement of the sanitary landfill facility and any
subsurface leachate storage structure are not located within two hundred
feet of areas determined by Ohio EPA or the United States army corps of
engineers to be a stream, lake, or wetland.
[Comment: Pursuant to division (A)
or (G) of section 3734.02 of the Revised Code, an applicant may request a
variance or exemption from any of the siting criteria contained in this rule.
However, pursuant to division (M) of section 3734.02 of the Revised Code, the
director shall not issue a permit, variance or exemption that authorizes a new
sanitary landfill facility, or an expansion of an existing sanitary landfill
facility, within the boundaries of the areas indicated in paragraph (H)(1) of
this rule.]
Notes
Promulgated Under: 119.03
Statutory Authority: 3734.02, 3734.12
Rule Amplifies: 3734.02, 3734.12
Prior Effective Dates: 03/01/1990, 06/01/1994, 08/15/2003, 07/01/2004
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