(A) Applicability.
The owner or operator of a sanitary landfill facility in
operation after June 1, 1994 shall establish an operating record, which shall
be an indexed repository of documents pertaining to a single sanitary landfill
facility. The owner or operator of a new sanitary landfill facility shall
establish the operating record by placing in the operating record the documents
specified in paragraph (H) of this rule prior to waste receipt at the sanitary
landfill facility.
(B)
Location and inspection of operating record. The operating record shall be
located at the sanitary landfill facility. Upon the commencement of the
post-closure care period for all units of a sanitary landfill facility, the
director may approve an alternative location for the operating record. Upon
request by Ohio EPA or the approved board of health or their authorized
representative, the owner or operator shall provide a copy of the operating
record index or make the operating record available for inspection during
normal business hours.
(C) Contents
of documents in operating record.
(1) All
documents submitted into the operating record shall comply with the
requirements of the applicable regulations.
(2) The owner or operator may revise
documents previously placed in the operating record by placing the revised
document, or the revised portion of the document, into the operating record.
The owner or operator shall clearly indicate in the revised document the
changes made to the document.
(3)
The
owner or
operator shall not submit documents or revisions to documents to
the operating record that constitute either of the following:
(a) A
modification, as that term is defined
in rule
3745-27-02 of the Administrative
Code, without first obtaining a permit to install from Ohio EPA.
(b) An alteration without first obtaining
written concurrence from Ohio EPA.
(D) Review of documents by Ohio EPA. Ohio EPA
may review documents in the operating record and require changes or additional
submissions if the documents do not satisfy the requirements of Chapter 3745-27
of the Administrative Code. Upon receipt of notification that a document does
not comply with the applicable requirements specified in Chapter 3745-27 of the
Administrative Code, the owner or operator shall change the document to attain
compliance with the applicable requirements.
(E) Annual update of the operating record.
The owner or operator shall update the operating record and the operating
record index at a minimum annually, not later than April first of each year
during both the operating life of the facility and the post-closure care
period, by placing all new documents or revisions to existing documents into
the operating record.
(F) Removal
of documents from the operating record. Documents shall not be removed from the
operating record without the written approval of the appropriate Ohio EPA
district office. Such written approval shall clearly identify the documents to
be removed and the circumstances justifying removal. Pages or plan sheets of
documents in the operating record may be removed without prior approval when
corresponding revised pages or plan sheets have been submitted into the
operating record in accordance with this rule.
(G) Signature.
(1) Documents or revisions to documents
submitted to the operating record shall be signed by the owner or operator and
the person responsible for the preparation or review of the documents, if not
the owner or operator.
(2) The
signature shall constitute a personal affirmation that to the best of the
knowledge of the signor the submitted documents are true and complete and
comply with the requirements of Chapter 3734. of the Revised Code and the rules
adopted thereunder.
The signature shall be notarized
for the following documents:
(a) Operating record
index.
(b) Any revisions to a
document.
(H) Operating record contents. The operating
record shall consist of the following documents:
(1) An operating record index that clearly
identifies each document in the operating record, the date of each document's
initial submittal, and the date of all subsequent revisions submitted into the
operating record. The operating record index shall include a summary of the
contents of each document and a description of each revision made to a
document.
(2) The approved permit
to install, operational report, or plan approval, whichever documents are
applicable. In addition, if not contained in the permit to install application,
include the following as appropriate:
(a) The
PCB and
hazardous waste prevention and detection program pursuant to rule
3745-27-19 of the Administrative
Code.
(b) Financial assurance
instruments for final closure and post-closure care pursuant to rules
3745-27-15 and
3745-27-16 of the Administrative
Code.
(c) The explosive gas
monitoring plan pursuant to rule
3745-27-12 of the Administrative
Code.
(d) The
ground water
detection monitoring plan pursuant to rule
3745-27-10 of the Administrative
Code.
(e) The final
closure/post-closure care plan and all other plans, notifications, and
documents pursuant to rule
3745-27-11 of the Administrative
Code.
(f) The location restriction
demonstrations pursuant to rule
3745-27-20 of the Administrative
Code.
(g) The
surface water control
system structures design, if any, in accordance with rule
3745-27-19 of the Administrative
Code.
(3) Copies of any
alterations concurred with in writing by Ohio EPA that change the requirements
of the approved permit to install, operational report, or plan approval and are
not included as a part of a certification report.
(4) For those facilities that designated
existing and new units in accordance with paragraph (M) of this rule effective
June 1, 1994, the plan drawings pursuant to that paragraph.
(5) The interim composite liner/
leachate
collection system design, if required by paragraph (A)(2) of rule
3745-27-20 of the Administrative
Code.
(6) The annual operational
report pursuant to rule
3745-27-19 of the Administrative
Code.
(7) Inspection records,
generator certifications, waste screening documentation, or notifications for
the PCB and
hazardous waste prevention and detection program pursuant to rule
3745-27-19 of the Administrative
Code.
(8) All construction, final
closure, or interim final cover certification reports submitted pursuant to
this chapter, after June 1, 1994.
(9) All explosive gas monitoring information
collected after June 1, 1994, and all other plans, notifications, and documents
prepared or submitted after June 1, 1994, pursuant to rule
3745-27-12 of the Administrative
Code.
(10) All
ground water
monitoring information collected after June 1, 1994, and all other plans,
notifications, and documents prepared or submitted after June 1, 1994, pursuant
to rule
3745-27-10 of the Administrative
Code.
(11) All other notifications
and documents prepared pursuant to rule
3745-27-11 of the Administrative
Code.
(12) All other documents
prepared pursuant to rule
3745-27-14 of the Administrative
Code.
(13) The current operating
license for the sanitary landfill facility.
(14) Copies of all effective permits issued
for the facility by the director under Chapter 3704. or 6111. of the Revised
Code and a listing of any pending permit applications submitted for the
facility in accordance with Chapter 3704. or 6111. of the Revised
Code.
(15) A copy of all
administrative and judicial orders, judgments, and settlement agreements issued
in accordance with Chapter 3734. of the Revised Code and a copy of all
administrative and judicial orders, judgments, and settlement agreements issued
after June 1, 1994 in accordance with Chapters 3704., 3767., and 6111. of the
Revised Code that pertain to the sanitary landfill facility.
(16) Other environmental monitoring plans,
information, or documents prepared pursuant to this chapter after June 1,
1994.
(17) If applicable, the
financial assurance instrument for corrective measures pursuant to rule
3745-27-18 of the Administrative
Code.
(I) Schedule for
implementation of documents in operating record. The
owner or
operator shall
implement the appropriate documents in the operating record in accordance with
the schedules and requirements of this chapter.
[Comment: The owner or operator should refer to the following
rules for implementation deadlines and requirements: rule
3745-27-10 of the Administrative
Code (ground water monitoring program); rules
3745-27-11 and
3745-27-14 of the Administrative
Code (final closure and post-closure care); rule
3745-27-12 of the Administrative
Code (explosive gas monitoring program); rules 3745-27-15, 3745-27-16, and
3745-27-18 of the Administrative
Code (financial assurance); rule
3745-27-19 of the Administrative
Code (certification reports, surface water management, PCB and hazardous waste
prevention and detection program); and rule
3745-27-20 of the Administrative
Code (installation of interim composite liner/leachate collection system,
location restriction demonstrations).]