Ohio Admin. Code 3745-27-11 - Final closure of a sanitary landfill facility
(A) Applicability.
(1) The owner or operator of a sanitary
landfill facility shall keep the "final closure/post-closure plan" in the
operating record of the sanitary landfill facility in accordance with
the requirements of rule
3745-27-09 of the Administrative
Code.
(2) The owner or operator of
a sanitary landfill facility that ceased waste
acceptance of waste prior to June 1, 1994,
as determined by the notification required
by
pursuant to paragraph (E) of this
rule, shall do
comply with one of the following, whichever is applicable:
(a) If the director has approved a
"final closure/post-closure plan" for a sanitary landfill facility , the owner or
operator shall continue to comply with a
the previously
approved "final closure/post-closure
plan" and this rule.
(b) If the director has not approved a
"final closure/post-closure plan" for the sanitary landfill facility , the owner or
operator shall complete closure activities in accordance with the following
requirements until a
"final closure/post-closure plan" is approved:
(i)
Complete closure activities in accordance with
paragraphs
Paragraphs (F), (G), (H), (I) and
to (J) of this rule.
(ii)
Comply with
rule
Rule 3745-27-10 of the
Administrative Code.
(iii)
Comply with rule
Rule 3745-27-15 of the
Administrative Code and rule
3745-27-16 of the Administrative Code.
(iv)
Comply with
rule
Rule 3745-27-12 of the
Administrative Code.
(c)
If the final closure certification report for the sanitary landfill facility
has not been submitted in accordance with paragraph (J) of this rule, the owner
or operator shall comply with paragraphs (F) to (L) of this rule, and rules
3745-27-10 and
3745-27-16 of the Administrative
Code.
(d) The requirements
specified in this paragraph
(A)(2) of this rule do not affect other
schedules or requirements specified in administrative or judicial orders or
consent agreements. The director
Ohio EPA may authorize or
approve other schedules or requirements. This rule shall not be
construed to affect the liability of the owner , operator , permittee , or
licensee for past violations of this rule as effective June 1, 1994, March 1,
1990, or of rule
3745-27-10 of the Administrative
Code, as effective July 29, 1976.
(B) Final closure/post-closure plan. The
owner or operator shall prepare a final closure/ post-closure plan
in accordance with this rule for the sanitary
landfill facility , which shall,
that at a
minimum, contain
contains all the items specified in paragraphs (B) (1)
to (B)(10) of this rule. All engineering information
included in the final closure/ post-closure plan shall be signed and sealed by
a professional engineer registered in Ohio. The final
closure/post-closure plan shall contain all of the items specified in
paragraphs (B)(1) to (B)(10) of this rule for all contiguous
unit (s)
unit s
of a sanitary landfill facility and shall separately address the items
specified in paragraphs (B)(1) to (B)(10) of this rule for each noncontiguous
unit of a sanitary landfill facility . In the
alternative, the
The owner or operator
may prepare separate final closure/post-closure plans for each noncontiguous
unit of a sanitary landfill facility .
(1) The
name and location of the facility and the
unit (s)
unit
included
in the final closure/post-closure plan.
(2) Any variances or exemptions from the
requirements of this rule or rule
3745-27-14 of the Administrative
Code or any alternative schedule for completing final closure activities.
[Comment: If a
(3) The name,
address, and telephone number of the person or office to contact regarding the
unit (s)
unit
of the sanitary landfill facility during the final closure and post-closure
care periods.
(4) Schedule of
installation of any explosive gas control systems.
(5) The following information to be presented
in the same manner as outlined in rule
3745-27-06 of the Administrative
Code:
(a) Plan drawings of the horizontal
limits and top elevations of waste and the cap system;
,
and
the location
of surface water control structures including permanent ditches to
control run-on and runoff;
, and the location of
sedimentation ponds including the inlet and outlet.
(b)
Establish
a
A grid system with northings and
eastings established not more than five hundred
feet apart.
(c) Detail drawings of
the composite cap system including but not limited to the key trench, any
penetrations, cap drainage structures, and surface water drainage
structures.
(d) Detail drawings of
sedimentation pond and discharge structures and surface water run-on and runoff
control structures.
(e) Static and
seismic stability analysis.
(f) For
a sanitary landfill facility subject to paragraph (A)(2)(a) or (A)(2)(b) of
this rule, the ground water detection monitoring plan.
(g) For a sanitary landfill facility subject
to paragraph (A)(2)(a) or (A)(2)(b) of this rule, the financial assurance
information in accordance with rules
3745-27-15 and
3745-27-16 of the Administrative
Code.
(6) Description of
availability and suitability of cap material.
(7) Quality assurance/quality control plan
for cap system construction.
(8)
For a sanitary landfill facility subject to paragraph (A)(2)(a) or (A)(2)(b) of
this rule, the explosive gas monitoring plan.
(9) Description of anticipated measures to
control erosion.
(10) Contingency
plans for leachate , fire, and differential
settling.
(C) Mandatory
closure. The owner or operator shall begin final closure activities in
accordance with the final closure/post-closure plan and paragraph (F) of this
rule no
not
later than seven days after any of the occurrences specified in this paragraph.
Approval of the final closure/post-closure plan does not affect the owner 's or
operator 's obligations to begin and complete final closure activities in
accordance with paragraphs (G) and (H) of this rule.
(1) It is mandatory to begin closure
activities for a sanitary landfill facility upon the occurrence of any of the
following:
(e)(d) The
owner or operator
sanitary landfill facility otherwise ceases to
receive solid waste for disposal at the sanitary
landfill facility for a period of greater than one year and
there is additional approved capacity remaining in
the unit (s) of the sanitary landfill facility . However, closure is not
mandatory for a period of one year after ceasing to receive solid waste if
operations will resume at the sanitary landfill facility during the
year
all final elevations of the limits of
waste placement have not been reached .
(a) A solid waste disposal license
issued for the sanitary landfill facility has expired, and a renewal license
has not been applied for in the manner prescribed in Chapter 3745-37 of the Administrative
rules adopted under Chapter 3734. of the Revised
Code.
(b) A solid waste disposal
license issued for the sanitary landfill facility has expired, and another
license has been applied for and denied as a final action.
(c) A solid waste disposal license issued for
the sanitary landfill facility has been revoked as a final action.
(d) A
(2) It is mandatory to begin closure
activities for a noncontiguous
unit (s)
unit
of a sanitary landfill facility upon the
occurrence of any of the following:
(a) The
owner or operator declares that the noncontiguous
unit (s)
unit
will
cease acceptance of solid waste for disposal by a date certain.
(b) All approved limits of solid waste
placement for the noncontiguous
unit (s)
unit
have been reached, as specified in the plan
approval, operational report, approved permit(s)
permit to
install, or other authorization of the director .
(3) It is mandatory to begin closure
activities for contiguous units of a sanitary landfill facility upon the
occurrence of any of the following:
(a) The
owner or operator declares that all of the contiguous
unit
unit s
will cease acceptance of sold
solid waste by a date certain.
(b) All approved limits of solid waste
placement for all of the contiguous units have been reached, as specified in
the plan approval, operational report, approved permit(s)
permit to
install, or other authorization of the director .
(4) It is mandatory to begin closure
activities for an existing unit of a sanitary landfill facility
, if the owner or operator cannot demonstrate,
pursuant to paragraph (B) of rule
3745-27-20 of the Administrative
Code, that the existing unit complies with the
applicable location restrictions and is required to
close pursuant to rule
3745-27-20 of the Administrative
Code.
(D) Notification
of anticipated date to cease acceptance of solid waste .
(1) The owner or operator shall provide
notice by certified mail or any other form of mail accompanied by a receipt of
the anticipated date on which the sanitary landfill facility will cease to
accept solid waste if final closure is or will be triggered for all
unit (s)
unit s
by
in accordance
with paragraph (C)(1)(a) or
, (C) (2) , or (C)(3) of
this rule. Such notice shall be provided not less
later than ninety
days prior to the anticipated date on which solid waste will cease to be
accepted.
(2) The owner or operator
shall send a copy of the notice specified in paragraph (D)(1) of this rule to
the following:
(a) The board of health having
jurisdiction.
(b) The single or
joint county solid waste planning district in which the facility is
located.
(c) The
director .
(3)
Concurrently with the submission of the notice required by
in accordance
with paragraph (D)(1) of this rule, the owner or operator shall
commence publishing at three-week intervals,
prominent notice of the anticipated date on which solid waste will cease to be
accepted at the sanitary landfill facility . Such notice shall be published in
the county in which the sanitary landfill facility is located and in any other
county which has been a source of at least twenty-five per cent of the solid
wastes deposited at the sanitary landfill facility over the previous twelve
months of operation. Notice shall be provided to the director and the board of
health having jurisdiction that affirms the notices have been published in
accordance with this paragraph
post a sign as
to be easily visible from all access roads leading onto the sanitary landfill
facility stating, in letters not less than three inches high, that the sanitary
landfill facility will no longer accept solid waste with the anticipated
date . The public notice requirement
shall
This paragraph does not apply to a
sanitary landfill facility owned by a generator, exclusively disposing of solid wastes generated
at premises owned by the generator.
(4) Not less
later than thirty
days prior to the anticipated date on which the facility will cease to accept
solid waste , notice shall be provided by certified mail or any other form of
mail accompanied by a receipt to the director of any changes to the information
that identifies the facility's final closure contact
person .
(E) The owner or
operator shall send notification by certified mail or any other form of mail
accompanied by a receipt to the director and to the board of health having
jurisdiction, as to the actual date that the
unit (s)
unit
of the
sanitary landfill facility ceased to accept solid waste .
Notification
The
notification shall be sent to the director and
the board of health having jurisdiction not later than seven days
after the date specified in the notification.
(F) The owner or operator shall begin final
closure activities, for all contiguous
unit (s)
unit s
or for each noncontiguous
unit (s)
unit
of the sanitary landfill facility
, not later than seven days after any of the
occurrences in paragraph (C) of this rule. Final
At a minimum,
final closure activities for all
unit (s)
unit s of
a
the sanitary
landfill facility shall include, at a
minimum, the items specified in paragraphs (G) and (H) of this rule.
(G) Composite cap system. The
owner or operator shall construct a composite cap system in accordance with the
following:
(1) The cap design approved in the
permit or in a subsequently approved alteration , unless paragraph (G)(2),
or (G)(3), or (G)(4) of this rule applies.
(2) If the sanitary landfill facility
was subject to paragraph (B)(1) of rule 3745-27-09
of the Administrative Code, as effective June 1, 1994
does not meet the criteria specified in paragraph (G)(1) of
this rule , the cap design in the closure/post-closure plan. If the cap
design in the closure/post-closure plan is revised after the effective date of
this rule, the cap design is to
shall comply with rule
3745-27-08 of the Administrative
Code.
(3) If a unit
for a
of the
sanitary landfill facility has areas which
that have been
capped, graded, and seeded in accordance with paragraphs (C)(1) to (C)(4) of
rule 3745-27-10 of the Administrative
Code, as effective July 29, 1976, or in accordance with paragraph (G)(2),
or (G)(3), or (G)(4) of this rule, effective June 1, 1994,
those areas need not have cap system as as required
by
in accordance with rule
3745-27-08 of the Administrative
Code.
(4) If closure of the
sanitary landfill facility is in accordance with paragraph (M) of the June 1,
1994 effective version of rule
3745-27-11 of the Administrative
Code, the owner or operator shall construct a cap in accordance with rule
3745-27-08 of the Administrative
Code.
(H) Other closure
activities.
(1) The owner or operator shall
continue to comply with rule
3745-27-19 of the Administrative
Code and all monitoring and reporting activities required during the operating
life of the
unit (s)
unit
of the sanitary landfill facility until the
closure certification is submitted and the post-closure care period
begins.
(2) The owner or operator
shall install the required surface water
control structures including permanent ditches to control run-on and runoff and
sedimentation pond(s),
ponds as shown in the final closure/post-closure
plan, and as necessary,
. The owner or operator shall grade all land surfaces
as necessary to prevent ponding of water where
solid waste has been placed, and institute
measures to control erosion.
[Comment: The minimum slope standard in
OAC rule
3745-27-08
(3) The owner or operator shall design and
install a ground water monitoring system in accordance with rule
3745-27-10 of the Administrative
Code, if a system is not already in
place.
(4) The owner or operator
shall bait for rodents and treat for other vectors as necessary.
(5) The owner or operator shall record on the
plat and deed to the sanitary landfill facility property, or on some other
instrument which
that is normally examined during title search, that will in perpetuity notify any potential
purchaser of the property, a notation describing the impacted acreage, exact
location, depth, volume, and nature of solid waste deposited in the
unit (s)
unit
of the sanitary landfill facility .
(6) Upon ceasing acceptance of waste in all
unit (s)
unit s
of a sanitary landfill facility , the owner or operator shall post signs, in
such a manner as to be easily visible from all access roads leading onto the
sanitary landfill facility , stating in letters not less than three inches high
that the sanitary landfill facility no longer accepts solid waste . Signs shall
be maintained in legible condition for not less than
two years after final closure activities have been completed. This
paragraph shall
does not apply to sanitary landfill facilities owned
and permitted by a generator of solid wastes if the sanitary landfill facility
exclusively disposes of solid wastes generated at the premises owned by the
generator.
(7) Upon ceasing
acceptance of waste in all
unit (s)
unit s of the sanitary landfill facility , the owner or
operator shall block, by locked gates, fencing, or other sturdy obstacles, all
entrances and access roads to the sanitary landfill facility to prevent
unauthorized access during the final closure and post-closure period.
(I) Final closure activities shall
be completed not later than one hundred and eighty days after any of the
occurrences in paragraph (C) of this rule, unless an alternate
alternative
schedule has been approved by the
director
authorized by Ohio
EPA .
(J) Final closure
certification. Not later than ninety days after the completion of final closure
activities for all contiguous
unit (s)
unit s and for each noncontiguous
unit (s)
unit
,
the owner or operator shall submit a written
certification report to the director
,
and to the board of health having jurisdiction, a
written certification report. The final closure certification shall
include verification that the
unit (s)
unit
of the sanitary landfill facility has been closed
in accordance with this rule and the "final
closure/post-closure plan".
The
At a minimum,
the final closure certification shall at a
minimum include the following:
(1) A
list of the construction certification reports for construction of the
composite cap system with the date of submittal and a topographic map of the
entire sanitary landfill facility showing the areas certified by each report.
The map shall also show the following:
horizontal
(a)
The
horizontal limits of waste placement and the
surface water control structures including permanent ditches to control run-on
and runoff, and the following if present: the sedimentation pond(s) including
the inlet or outlet, the outlet of any permanent ground water control
structures, and the explosive gas control system.
(b)
The surface water
control structures including permanent ditches to control run-on and
run-off.
(c)
If present, the sedimentation pond including the inlet
or outlet, the outlet of any permanent ground water control structures, and the
explosive gas control system.
(2) A demonstration that the ground water
monitoring system meets the requirements of rule
3745-27-10 of the Administrative
Code.
(3) A copy of the plat and
deed, or other instrument which is normally
examined during a title search, showing the notation required by
pursuant
to paragraph (H) (5) of this rule and bearing the mark of recordation of
the office of the county recorder for the county in which the property is
located.
(4) A demonstration that
the sign required by
pursuant to paragraph (H)(6) of this rule has been
posted, and that all entrances and access
roads have been blocked as required by
in accordance with paragraph (H)(7) of this
rule.
(K) The health
commissioner and the director , or their authorized representatives, upon proper
identification, may enter any
unit (s)
unit
of the sanitary landfill facility at any time
during the final closure period for the purpose of determining compliance with
this rule.
(L) It is the
responsibility of the owner or operator to complete final closure of the
unit (s)
unit
of a sanitary landfill facility in a manner that minimizes the need for further
maintenance and minimizes post-closure formation and release of leachate and
explosive gases to air, soil, ground water , or surface water to the extent
necessary to protect human health and the environment.
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
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