(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.
An owner or operator is not subject
to the requirements of this rule, if, prior to June 1, 1994, the owner or
operator has ceased acceptance of solid waste in all units of the sanitary
landfill facility as determined by the notification required by paragraph (E)
of rule
3745-27-11
of the Administrative Code.
(B) Establishing and maintaining an
operating record.
(1) 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 (I) of this rule
prior to waste receipt at the sanitary landfill facility.
(2) The owner or operator of a
sanitary landfill facility receiving solid waste on or after June 1, 1994,
shall maintain the operating record in accordance with this
rule.
[Comment: Implementation deadlines
and other reporting requirements are found in other parts of the this chapter,
including rules
3745-27-10,
3745-27-11,
3745-27-12,
3745-27-14,
3745-27-15,
3745-27-16,
3745-27-18,
3745-27-19,
and
3745-27-20
of the Administrative Code.]
(C)(B) Location and
inspection of operating record.
The
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.
The operating record shall be available for
inspection by
Upon request by Ohio EPA
and
or the
approved board of health
department
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.
(D)(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. Whenever a document is
revised, the owner or operator shall promptly submit to Ohio EPA and the
approved health department a copy of the revised document, or revised portion
of the document, and a revised operating record index by regular mail. This
submission is in addition to annual submission by certified mail or any other
form of mail accompanied by a receipt of the operating record
index.
(3) The owner or
operator shall not submit documents or revisions to documents to the operating
record
which
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
" as that
term is defined in paragraph (A) of rule
3745-27-01 of the
Administrative Code without first obtaining written concurrence from
Ohio EPA.
(E)(D) Review of documents
by Ohio EPA.
Ohio
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
or 3745-37 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.
(F)(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.
The owner or operator shall update
the operating record, at least annually, no later than April first of each year
during both the operating life of the facility and the post-closure care
period, by doing the following:
(1) Placing all new documents or
revisions to existing documents into the operating record.
(2) Mailing, via certified mail or
any other form of mail accompanied by a receipt, a current operating record
index in accordance with paragraph (I)(1) of this rule to Ohio EPA and the
approved health department.
[Comment: In accordance with the
requirements of other rules, the owner or operator may be required to submit
documents to Ohio EPA at other times, e.g. ground water data must be submitted
within seventy-five days of sampling a well in accordance with paragraph
(C)(10) of rule
3745-27-10
of the Administrative Code.]
(G)(F) Removal of
documents from the operating record.
Documents
Documents
may
shall not be removed from the
facility 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 and/or
or plan sheets
of documents in the operating record may be removed without prior approval when
corresponding revised pages and/or
or plan sheets have been submitted into the operating
record in accordance with this rule.
(H)(G) Signature.
(1) Documents or revisions to documents
submitted to the operating record shall be signed by the owner or operator and
the
person(s)
person responsible for the preparation
and/or
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.
(I)(H) Operating record
contents. The operating record shall consist of the following documents:
(1) An operating record index
. The operating record index shall
that clearly
identify
identifies
each document in the operating record
,
and 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(s)
permit to install, operational report,
and/or
or plan
approval, whichever
document(s) is
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
that is required
by
pursuant to rule
3745-27-19
of the Administrative Code.
(b)
Financial assurance instruments for final closure and post-closure care
required by
pursuant
to rules
3745-27-15
and
3745-27-16
of the Administrative Code.
(c) The
"explosive gas monitoring plan
" required pursuant to rule
3745-27-12
of the Administrative Code.
(d)
Ground
The
ground water detection monitoring plan
required 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
required pursuant to rule
3745-27-11
of the Administrative Code.
(f) The
location restriction demonstrations
required
by
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
which
that change the requirements of the approved
permit(s)
permit to install, operational report,
and/or
or plan
approval
that
and are not included as a part of a certification
report.
(4) For those facilities
which were required to designate
that designated existing and new units in accordance
with paragraph (M) of this rule effective June 1, 1994, the plan drawings
required by
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
required by
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
that are required by
pursuant to rule
3745-27-19
of the Administrative Code.
(8) All
construction, final closure, or interim final cover certification reports
required to be submitted
by
pursuant to
this chapter,
that are submitted after June
1, 1994.
(9) All explosive gas
monitoring information
required to be
collected after June 1, 1994, and all other plans, notifications, and documents
required to be prepared or submitted after
June 1, 1994, pursuant to rule
3745-27-12
of the Administrative Code.
(10)
All ground water monitoring information
required to
be collected after June 1, 1994, and all other plans, notifications,
and documents
required to be prepared or
submitted after June 1, 1994, pursuant to rule
3745-27-10
of the Administrative Code.
(11)
All other notifications and documents
required
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.
(12)(13) The current
operating license for the sanitary landfill facility.
(13)(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.
(14)(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.
(15)(16) Other
environmental monitoring plans,
other
information, or
other documents
as may be required by
prepared pursuant to this chapter after June 1,
1994.
(16)(17) If applicable,
the financial assurance instrument for corrective measures
required by
pursuant
to rule
3745-27-18
of the Administrative Code.
(J)(I) Schedule for
implementation of documents in operating record.
The
The owner or operator shall
implement the appropriate documents in the operating record in accordance with
the schedules and requirements of Chapter 3745-27 of
the Administrative Code
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).]
