(A) Following completion of final closure
activities in accordance with rule
3745-27-11
of the Administrative Code or following closure activities in accordance with
paragraph (C) of rule
3745-27-10
of the Administrative Code, as effective July 29, 1976
, and completed on or after the date three years
prior March 1, 1990, the owner, operator, or permittee shall conduct
post-closure care activities at the sanitary landfill facility for a minimum of
thirty years
in accordance with the final
closure/post-closure care plan and this rule. The post-closure care
period begins when the
certification(s) required
by
certification pursuant to paragraph
(J) of rule
3745-27-11
of the Administrative Code
have
has been submitted for all
unit(s)
units of a
sanitary landfill facility. Post-closure care activities for a sanitary
landfill facility shall include
, but are
not limited to the following:
(1) Continuing
operation and maintenance of
the leachate management
system, the surface water management system, any explosive gas
extraction
or
and/or
control system, any explosive gas monitoring system, and the ground
water monitoring system.
(2)
Maintaining the integrity and effectiveness of the
access road and blocking of entrances, the cap system,
and stability of the landfill, including making
repairs to the cap system as necessary to correct the effects of
slope failure, settling,
dead vegetation, subsidence, ponding,
erosion, leachate outbreaks, or other events, and preventing run-on and runoff
from eroding or otherwise damaging the
access road
or cap system.
If vegetative cover is established
on less than seventy-five per cent of the cap system, the owner or operator
shall reseed and if appropriate, amend the soil.
(3)
Maintaining signs
stating that the sanitary landfill facility no longer accepts solid waste for
two years after final closure activities have been completed.
(4)
Continuing
operation and maintenance of the leachate management system including the
following:
(a)
Replacing or repairing the lift station pump within
twenty-four hours of discontinued operation.
(b)
If leachate
generation suddenly decreases, visually or physically inspecting the collection
pipe network of the leachate management system to ensure that clogging has not
occurred.
(c)
For a sump serving a leachate collection system across
the bottom of the landfill, maintaining leachate no more than one foot above
the top elevation of the sump. Leachate may be stored within the limits of
waste placement if authorized in writing by the director.
(3)(5) Repairing any
leachate outbreaks detected at the sanitary landfill facility
by doing
through
completion of the following:
(a)
Contain
Containing and properly
manage
managing the
leachate at the sanitary landfill facility.
(b) If necessary,
collect
collecting,
treat
treating, and
dispose
disposing of
the leachate
, including
, if necessary, following the contingency plan for
leachate storage and disposal prepared pursuant to rule
3745-27-19
of the Administrative Code.
(c)
Take
Taking
action to minimize, control, or eliminate the conditions
which
that
contribute to the production of leachate.
(4)(6) Quarterly
inspection of
a
the sanitary landfill facility during each year of the
post-closure care period and submittal of a written summary to the appropriate
Ohio EPA district office
and approved board of
health not later than fifteen days after the inspection date detailing
the results of the inspection and a schedule of any actions to be taken to
maintain compliance with paragraphs (A)(1)
and
(A)(2)
to (A)(5) of this rule.
At a minimum, the quarterly inspection shall assess the
condition and operation of the following:
(a)
The surface water
management system.
(b)
The gas management system.
(c)
The access road
and access controls.
(d)
For the initial three years of post-closure care,
signage.
(e)
The cap system and vegetative cover including any
occurrences of settling, subsidence or other effects of slope failure, ponding,
erosion, or leachate outbreaks.
(f)
The leachate
management system including leachate depth in the sump.
(5)(7) Fulfilling
all
the
monitoring and reporting requirements in accordance with rule
3745-27-10
of the Administrative Code for ground water,
with rule
3745-27-12
of the Administrative Code for explosive gas,
with Chapter 3745-76 of the Administrative Code for
landfill emissions, and
with any monitoring
required by
and
reporting requirements in accordance with any orders or authorizing
documents. The frequency of ground water detection monitoring sampling and
analysis may be changed in accordance with paragraph (D)(6) of rule
3745-27-10
of the Administrative Code.
(8)
If a substantial threat of water pollution exists from
leachate entering surface waters, monitoring of the surface water as required
by the director or health commissioner.
(6)
(9) Submitting a
report to the appropriate Ohio EPA district office and approved
board of health
department and placing a copy into the operating
record not later than the first day of April of each year
, which contains
. At a
minimum, the report shall contain the following:
(a) If a leachate collection system exists, a
summary of the quantity of leachate collected for treatment and disposal on a
monthly basis during the year,
and the
location of leachate treatment
and/or
or disposal
, and copies of all
testing results performed for disposal.
(b) If a leachate collection system exists,
results of analytical testing of an annual grab sample of leachate for the
parameters specified in appendix I
of
to rule
3745-27-10
of the Administrative Code. The grab sample shall be obtained from the leachate
management system.
(c)
A summary of the conditions and operation of the
leachate management system, ground water monitoring system, explosive gas
monitoring system, and any other monitoring and control system installed at the
sanitary landfill facility.
(c)(d) The most recent
updated post-closure
care cost estimate adjusted
for inflation and for any change in the post-closure cost estimate
required by
pursuant
to rule
3745-27-16
of the Administrative Code.
(e)
The occurrence of any of the following:
(i)
Construction of
occupied structures within one thousand feet of the limits of waste
placement.
(ii)
Installation of water wells within one thousand feet of
the limits of waste placement.
(iii)
Surface mining
within three hundred feet of the limits of waste placement.
(f)
A
statement that, to the best of the knowledge of the owner, operator, or
permittee, the information contained in the annual report is true and
accurate.
(7)(10)
Records
Maintaining
records and reports generated by paragraphs
(A)(4) to (A)(6)
, (A)(7),
and (A)(9) of this rule
are to
that shall be kept for the duration of the
post-closure care period at a location where the records and reports are
available for inspection by Ohio EPA
, or the
approved
board of health
department
or their
authorized representative, during normal working hours. If the owner or
operator has established an operating record, the records and reports shall be
kept in the operating record in accordance with rule
3745-27-09
of the Administrative Code.
(B) Upon completion of the post-closure care
period, the owner, operator, or permittee shall submit to the director written
certification that the sanitary landfill facility has completed post-closure
care activities in accordance with this rule and
the
"final closure/post-closure
plan.
" Based on such factors as the inspection or
monitoring results or reports required by paragraphs (A)(4) and (A)(5) of this
rule and whether human health or safety or the environment is or will be
protected, the director may either discontinue or extend the post-closure care
period. The certification shall be accompanied by documentation
which
that
demonstrates
that all
the post-closure care activities have been
completed
. The certification shall
and be signed and sealed by a professional
engineer registered in Ohio. The documentation shall include the following:
(1) A summary of changes to leachate quality
and quantity.
(2) Rate of leachate
generation and quantity of leachate in the
sanitary landfill
facility, with an explanation of how these figures
were derived.
(3) A summary of any
on-going ground water assessment or corrective measures.
(4) A summary of explosive gas migration and
generation by the
sanitary landfill
facility.
(5) An assessment of the integrity and
stability of the cap system if post-closure care activities cease.
[Comment: If the landfill shows an
improvement to leachate quality, the quantity of leachate generated will not
cause an outbreak or slope failure, that ground water monitoring is no longer
needed, that it is not generating explosive gas which has the potential to
migrate underground, and that the cap system will maintain its integrity and
stability if post-closure care activities cease, the director may release the
owner, operator, or permittee from continuing post-closure care
activities.]
(C)
The owner or
operator may request to discontinue or revise any of the activities contained
in paragraph (A) of this rule at any time during the post-closure care period
by submitting a performance-based and risk-based demonstration that is based on
such factors as the inspection or monitoring results or reports pursuant to
this rule and whether human health or safety of the environment is or will be
protected. If the director determines that discontinuance or revision of the
post-closure care requirements is unlikely to adversely impact human health,
safety, and the environment, the director may grant the request.
[Comment: A release by the director
from any post-closure care obligations in accordance with this rule does not
relieve the owner or operator from any applicable obligations under Chapter
3704., 3734., or 6111. of the Revised Code or any other state or federal rules
and laws.]
(D)
The post-closure care period may be extended by order
of the director or a court of competent jurisdiction if conditions at a
sanitary landfill facility are impacting human health, safety, or the
environment or if ground water assessment or ground water corrective measures
are required to be conducted at the sanitary landfill facility in accordance
with rules adopted under Chapter 3734. of the Revised Code.
(C)(E)
Upon
the written request
of
by the
owner or operator of a noncontiguous
unit(s)
unit of a
sanitary landfill facility,
which has completed a
minimum of thirty years of ground water detection monitoring in accordance with
rule
3745-27-10
of the Administrative Code from the date the owner or operator submitted the
written certification report pursuant to paragraph (J) of rule
3745-27-11
of the Administrative Code, the director may authorize discontinuance
of
the ground water detection monitoring
required by
requirements of paragraph
(A)(4)
(A)(6) of this
rule at the noncontiguous
unit(s)
unit prior to the end of the post-closure care period
for the sanitary landfill facility, provided the
owner
or operator meets the following:
(1)
Has completed a minimum of thirty years of ground water
detection monitoring in accordance with rule
3745-27-10
of the Administrative Code from the date the owner or operator submitted the
written certification report pursuant to paragraph (J) of rule
3745-27-11
of the Administrative Code.
(1)
(2)
The owner or operator is
Is not implementing
or
required to implement a ground water quality assessment program or a
corrective measures program pursuant to rule
3745-27-10
of the Administrative Code.
(2)
(3)
The
Is monitoring
the noncontiguous
unit(s) are
unit
monitored
separately for the purpose of ground water detection
monitoring.
(D)(F) The health
commissioner and the director, or their authorized representatives, upon proper
identification, may enter any closed sanitary landfill facility or closed
noncontiguous
unit(s)
unit at any time during the post-closure care period
for the purpose of determining compliance with this rule.
Notes
Ohio Admin. Code
3745-27-14
Effective:
1/1/2021
Five Year Review (FYR) Dates:
7/6/2020 and
01/01/2026
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