(A) Applicability.
The owner or operator of a sanitary landfill facility shall
comply with the requirements and operational criteria specified in this rule
until all closure certifications required by paragraph (J) of rule
3745-27-11
of the Administrative Code are submitted and the post-closure care period
begins.
(B) Compliance.
(1) The owner or operator shall conduct all
operations at a sanitary landfill facility in strict compliance with the terms
and conditions of the solid waste disposal license issued for the facility in
accordance with Chapter 3745-37 of the Administrative Code.
(2) The owner or operator shall conduct all
construction and operation at a sanitary landfill facility in strict compliance
with the applicable authorizing document, including
a permit to install, a plan approval, an operational
report, an approved closure plan, an alteration concurred with in writing by
Ohio EPA, or any authorizing document listed in paragraph (I) of rule
3745-27-09
of the Administrative Code, except as follows:
(a) For a sanitary landfill facility with a
permit to install approved after January 1, 1980, but before March 1, 1990, the
owner or operator shall conduct all operations in strict compliance with the
detail plans, specifications, terms and conditions of an approved permit to
install, with the exception, that if the engineered bottom
liner/leachate
liner
and leachate collection system approved in the permit to install is less
protective of human health and the environment than the interim composite
liner/leachate collection system specified in rule
3745-27-08
of the Administrative Code, the owner or operator shall conduct operations in
accordance with the interim composite liner/leachate collection system design
required to be installed in response to paragraph (A) of rule
3745-27-20
of the Administrative Code in lieu of the
liner/leachate
liner and
leachate collection system plans, specifications, terms and conditions in
an approved permit to install, until such time as an approved permit to install
requires compliance with rule
3745-27-08
of the Administrative Code.
(b) For
a sanitary landfill facility with a plan approval issued by the Ohio department
of health, an operational report submitted in accordance with paragraph (J) or
(K) of rule
3745-27-09
of the Administrative Code, as effective July 29, 1976, or a permit to install
approved prior to January 1, 1980, the owner or operator shall conduct
operations in strict compliance with the plan approval, operational report, or
a permit to install, whichever document is applicable, unless either of the
following apply:
(i) The owner or operator of
a sanitary landfill facility has obtained a permit to install pursuant to the
conditions and schedule outlined in division (A)(3) or (A)(4) of section
3734.05 of the Revised
Code.
(ii) The composite liner
system and the leachate collection and management system approved in the plan
approval, operating report, or permit to install is less protective of human
health and the environment than the interim composite liner/leachate collection
system specified in rule
3745-27-08
of the Administrative Code, in which case, the owner or operator shall conduct
operations in accordance with the interim composite liner/leachate collection
system design required to be in accordance with paragraph (A) of rule
3745-27-20
of the Administrative Code in lieu of the liner/leachate collection system
plans, specifications, terms and conditions in the plan approval, operational
report, or permit to install, until such time as an approved permit to install
requires compliance with rule
3745-27-08
of the Administrative Code.
(c) The owner or operator has obtained
written concurrence from Ohio EPA for the alteration of the sanitary landfill
facility or the owner or operator has obtained a permit to install prior to
modifying
the
modification of the sanitary landfill facility.
[Comment: "Alteration" is defined in rule
3745-27-01 of the
Administrative Code; "modification" is defined in rule
3745-27-02 of
the Administrative Code.]
(3) The owner or operator shall operate the
facility in such a manner that noise, dust, and odors are strictly controlled
so as not to cause a nuisance or a health hazard.
(4) The owner or operator shall operate the
facility in such a manner that the attraction, breeding, and emergence of
insects, rodents, and other vectors are strictly controlled so as to not cause
a nuisance or a health hazard. The owner or operator shall initiate effective
supplemental vector control measures as deemed necessary by the health
commissioner or the director.
(5)
The owner or operator shall operate the facility in such a manner that
operation does not create a nuisance or a health hazard, does not cause water
pollution pursuant to Chapter 6111. of the Revised Code, and does not violate
any regulation adopted by the director pursuant to Chapter 3704. of the Revised
Code.
(6) The owner or operator
shall comply with all of the following:
(a)
The applicable design, construction and testing specifications in rule
3745-27-08
of the Administrative Code.
(b) The
operating record, designation, and location restriction demonstration
requirements of rule
3745-27-09
of the Administrative Code.
(c) The
ground water monitoring, assessment, and corrective measures requirements of
rule
3745-27-10
of the Administrative Code.
(d) The
closure requirements of rule
3745-27-11
of the Administrative Code.
(e) The
explosive gas monitoring and corrective measures requirements of rule
3745-27-12
of the Administrative Code.
(f) The
closure, post-closure care, and corrective measures financial assurance
requirements of rules
3745-27-15,
3745-27-16,
and
3745-27-18
of the Administrative Code.
(g)
The requirements of rule
Rule 3745-27-20 of the Administrative Code.
(C) Construction
certification, concurrence, and compliance.
(1) Construction certification and
concurrence.
After the installation of any of the engineered components
specified in rule
3745-27-08
of the Administrative Code, other than the cap system, in any phase of any unit
of a sanitary landfill facility, the owner or operator shall not accept waste
in the phase until all of the following occur:
(a) A construction certification report for
that phase, prepared in accordance with rule
3745-27-08
of the Administrative Code, has been submitted to Ohio EPA and the approved
health department.
(b) The owner or
operator has received written concurrence from the appropriate Ohio EPA
district office for the components specified in rule
3745-27-08
of the Administrative Code, except that written concurrence is not required for
the interim composite liner/leachate collection system constructed in
accordance with rules
3745-27-08
and
3745-27-20
of the Administrative Code.
(2) Construction compliance.
Upon discovery by the owner or operator, or upon notification
by Ohio EPA that a failed test or an alteration has occurred in construction of
any engineered component or portion of a sanitary landfill facility, the owner
or operator shall comply with the procedures outlined in this paragraph.
(a) Failed test.
For the purposes of this rule, a "failed test" occurs when a
test performed on a component of the sanitary landfill facility yields a result
that does not meet the specifications outlined in the applicable authorizing
document specified in paragraph (B) of this rule or other requirements of these
rules. If, prior to submission of the construction certification report for the
component or portion of the sanitary landfill facility, the owner or operator
determines that there is a "failed test," the owner or operator shall do the
following:
(i) Assess the component or
portion of the facility to determine if construction is in compliance with the
applicable authorizing document or other requirements of these rules.
(ii) Implement measures to attain compliance
with the applicable authorizing document or other requirements of these rules.
An area with a verified failure must be reconstructed. Reconstructed areas must
be retested at a frequency sufficient to demonstrate to the director that
compliance has been achieved.
(b) Alteration.
If, prior to submission of the construction certification
report for the component or portion of the sanitary landfill facility, the
owner or operator determines that there is an alteration, the owner or operator
shall do all of the following:
(i)
Include the applicable testing results and an explanation of the alteration in
the certification report "alterations" section required by rule
3745-27-08
of the Administrative Code.
(ii)
Provide a demonstration in the certification report that the alteration is at
least equivalent to the requirement in the applicable authorizing document or
other requirements of these rules.
(iii) Submit the certification report to Ohio
EPA and the approved health department.
(iv) Continue to comply with paragraph (C)(1)
of this rule.
[Comment: Paragraph (C)(2)(b) of this rule applies only to a
change that qualifies as an alteration as that term is defined in rule
3745-27-01 of the
Administrative Code. Rule
3745-27-02 and
paragraph (A) of rule
3745-27-06
of the Administrative Code require an owner or operator to obtain a permit to
install prior to the establishment of a new, or modification of an existing,
solid waste landfill facility. Obtaining concurrence for an alteration in
accordance with the procedures outlined in paragraph (C)(2) of this rule does
not relieve the owner or operator from liability for failure to obtain a permit
to install to modify the facility if the change being addressed constitutes a
modification.]
(c) Detection after submission of
certification report.
If the owner or operator determines that the certification
report is in error because a "failed test" or an alteration was detected after
submission of the construction certification report to Ohio EPA, the owner or
operator shall do the following:
(i)
Notify,
within
not
later than twenty-four hours after discovery by phone and
within
not later
than seven days after discovery in writing, the appropriate Ohio EPA
district office and the approved health department of the
noncompliance.
(ii)
Within
Not later
than fourteen days
of
after submitting
the written notification required by paragraph (C)(2)(c)(i) of this rule do
either of the following:
(a) Implement
compliance with the applicable steps outlined in paragraph (C)(2)(a) of this
rule and amend and resubmit the construction certification report to explain
the circumstances and how compliance was achieved.
(b) Submit the information required by
paragraph (C)(2)(b) of this rule.
[Comment: Compliance with paragraph (C)(2)(c) of this rule does
not relieve the owner or operator from liability for failure to construct or
operate the sanitary landfill facility in strict compliance with the applicable
authorizing document, other requirements of these rules, or failure to submit a
certification report that is true, accurate, and complete as required by the
construction certification requirements of rule
3745-27-08
of the Administrative Code.]
(D) Select waste layer.
(1) The owner or operator shall place select
waste as the first layer of waste in all areas within the limits of waste
placement adjacent to or in contact with the leachate collection system to
protect the composite liner from the intrusion of objects during operation of
the facility. The select waste layer shall
conform to
the following:
(a) Be spread but not
compacted.
(b) Not contain items
over two feet in length that are capable of puncturing the liner.
(c) Not restrict the flow of liquid to the
leachate collection and management system.
(d) Not contain fines or small particles
which can clog the leachate collection system.
(e) Be placed as a single lift above the
leachate collection layer required pursuant to rule
3745-27-08
of the Administrative Code so that a minimum distance of five feet is created
between the liner and general waste placement.
[Comment: Granular drainage medium used in the leachate
collection system provides some of the required protective material needed to
create five feet of distance between the liner and general waste placement.
Thus, if the leachate collection system consists of one foot of sand, then at
least four feet of select waste would be needed to satisfy the requirement in
paragraph (D)(1) of this rule.]
(2) The owner or operator shall maintain
documentation at the facility verifying the placement of the select waste
layer. The owner or operator shall insert the documentation into the operating
record required pursuant to rule
3745-27-09
of the Administrative Code. The documentation shall include the following
information:
(a) The date on which the select
waste layer was placed.
(b) The
location of the cell or phase where the select waste layer was
placed.
(c) The thickness of the
select waste layer.
(d) The source
and composition of the material used for the select waste layer.
(E) General operational
criteria.
(1) Construction.
(a) The owner or operator shall clear
naturally occurring vegetation to the extent necessary for proper operation of
the facility.
(b) Any oil wells and
gas wells within the proposed limits of solid waste placement shall be properly
plugged and abandoned in accordance with Chapter 1509. of the Revised
Code.
(c) The owner or operator
shall maintain the integrity of the engineered components of the sanitary
landfill facility and repair any damage to or failure of the components.
"Engineered components" include the components described in rule
3745-27-08
of the Administrative Code and components of the monitoring system installed in
accordance with rule
3745-27-10
of the Administrative Code. Failed or damaged engineered components shall be
investigated and reconstructed in strict compliance with the existing
applicable authorizing documents. If a redesign is necessary, prior approval of
an alteration or a modification shall be obtained.
(d) The owner or operator shall perform
chemical compatibility testing if the director determines that such testing is
necessary to demonstrate that the solid waste to be received at the sanitary
landfill facility will not compromise the integrity of any material used to
construct the sanitary landfill facility.
(2) Access.
(a) The owner or operator shall construct and
maintain all-weather access roads within the facility boundary in such a manner
as to withstand the anticipated degree of use and allow passage of the loaded
refuse vehicles at all times, with a minimum of erosion and dust
generation.
(b) The owner or
operator shall limit access to the facility by
non-employees
unauthorized
personnel except during operating hours when operating personnel are
present. The owner or operator shall, at all times, limit access to the
facility as necessary to prevent scavenging and salvaging operations not
conducted in accordance with paragraph (E)(4) of this rule. This paragraph
shall not apply to the health commissioner or the director who, upon proper
identification, may enter the facility at any time to determine compliance with
Chapter 3745-27 of the Administrative
Code
this chapter.
(c) The owner or operator shall post legible
signs stating the yard waste restrictions applicable to the facility. A sign
shall be posted in proximity to each public entrance of the facility.
(d) The owner or operator shall exclude live
domestic and farm animals from the operating areas of the facility, except for
animals used for security purposes.
(3) Equipment.
(a) The owner or operator shall have adequate
equipment, material, and services available at or near the facility to control
fire. The owner or operator shall act immediately to control or extinguish any
fire.
(b) The owner or operator
shall ensure that operable equipment of adequate size and quantity for the
operations of the facility are available at all times, or that an appropriate
contingency plan is prepared to properly handle and dispose of waste materials
in the event of equipment failure.
(4) Scavenging and salvaging.
The owner or operator may only conduct salvaging in a manner
approved by the director. Scavenging is prohibited.
(5) Personnel.
The owner or operator shall ensure that any individual meeting
the definition of operator specified in rule
3745-27-01 of the
Administrative Code shall be thoroughly familiar with the proper operational
procedures, license, permits, and other authorizations pertaining to the
facility.
(6) Inclement
weather.
The owner or operator shall ensure preparations have been made
such that, during inclement weather, the sanitary landfill facility is able to
receive, compact, and cover incoming waste. The preparations shall
include, but need not be limited to, designation and preparation of areas where waste
will be deposited, compacted, and covered during inclement weather,
construction and maintenance of all-weather access roads leading from all
points where loaded vehicles enter the site to the inclement weather areas, and
stockpiling of cover material.
(7) Waste acceptance and placement.
(a) Prior to accepting waste at a unit of a
new sanitary landfill facility, or in any unit of a lateral expansion area, or
in a vertical expansion approved on or after March 1, 1990, the owner or
operator shall comply with all applicable requirements for leachate treatment
or disposal, discharges to surface waters, management of surface water runoff,
and air emissions.
(b) The owner or
operator shall not begin filling in a new phase, without completing the
previous phase, except to the extent necessary for the proper operation of the
sanitary landfill facility.
(c) The
owner or operator shall confine unloading of waste materials to the smallest
practical area. The owner or operator shall ensure that each unloading area is
supervised by a person or persons knowledgeable regarding operations at the
working face.
(d) The owner or
operator shall not deposit waste that is burning or is at a temperature likely
to cause fire at the working face. Prior to placing the waste at the working
face, the owner or operator shall deposit such material in a separate location
which is at a sufficient distance from the working face to prevent fires from
spreading to the working face and shall immediately extinguish the fire or
lower the temperature of the waste.
(e) Except as provided in paragraphs (D)(1)
and (E)(7)(d) of this rule, the owner or operator shall ensure that all waste
admitted to the sanitary landfill facility is deposited at the working face,
spread in layers not more than two feet thick, and compacted to the smallest
practical volume. An alternate method may be used if approved in writing by the
director. During periods when inclement weather prevents compliance with this
rule, the waste shall be deposited at the area prepared in accordance with
paragraph (B)(2)(a) of this rule.
(f) The owner or operator shall employ all
necessary means to ensure the following:
(i)
Bulky materials can be compacted or otherwise managed in such a way as to
ensure the proper placement of daily cover.
(ii) Dusty materials are handled, compacted,
and covered in such a manner as to minimize the amount of dust that is
generated by those materials.
(8) Disposal restrictions.
The owner or operator shall not accept for disposal or dispose
of any of the following materials at a sanitary landfill facility:
(a) Asbestos or asbestos-containing waste
material that is subject to the provisions of NESHAP, 40 CFR Part
61, subpart M
(July 1, 2007)
(http://www.gpoaccess.gov/cfr/index.html) without
the necessary permits.
[Comment: A copy of 40 CFR Part 61,
subpart M can be found at http://www.gpo.gov/fdays.]
(b) Containerized bulk liquids or
non-containerized liquids without authorization from the director. Bulk liquid
containers do not include small containers of a size that normally would be
found in solid waste from community operations. For the purposes of this rule,
solid waste from "community operations" is wastes derived from households
(including single and multiple residences, hotels, and motels, bunkhouses,
ranger stations, crew quarters, campgrounds, picnic grounds, and day-use
recreation areas).
(c) Materials
that are defined as hazardous wastes pursuant to rule
3745-51-03
of the Administrative Code.
(d)
Polychlorinated biphenyls (PCB) wastes as defined in 40 CFR Part
761 (July 1,
2007) (http://www.gpoaccess.gov/cfr/index.html) unless otherwise authorized by
40 CFR Part
761
(July 1, 2007)
(http://www.gpoaccess.gov/cfr/index.html).
(e) Materials that are designated as
infectious wastes pursuant to rule
3745-27-01 of the
Administrative Code, other than infectious waste subject to division (D) of
section
3734.02 of the Revised Code and
divisions
(A)(1)(c)
(B)(2)(c) and
(A)(1)(d)
(B)(2)(d)
of section
3734.021 of the Revised Code and
rules adopted thereunder, including rules
3745-27-30
,
and
3745-27-32
, and 3745-27-34 of the
Administrative Code, unless the infectious waste has been treated to render it
non-infectious in accordance with rule
3745-27-32
of the Administrative Code.
For the purposes of this
rule, the shipping paper certification required by rule
3745-27-33
of the Administrative Code by the owner or operator of a treatment facility
where the infectious waste was treated creates a rebuttable presumption that
the wastes have been so treated.
(f) Yard waste, source-separated yard waste,
or commingled yard waste as defined in rule
3745-27-01 of the
Administrative Code.
[Comment: Application of this rule should be read in
conjunction with the yard waste management rules contained in paragraph (O) of
this rule.]
(g) Whole scrap
tires or shredded scrap tires with the exception of the following:
(i) Burned and partially burned scrap tires,
pyrolytic oil, and contaminated soils provided that those materials meet the
definition of solid waste in rule
3745-27-01 of the
Administrative Code.
(ii) Scrap
tire pieces from a scrap tire recovery facility that are the byproduct of the
processing of scrap tires.
(iii)
Authorized beneficial uses of scrap tires pursuant to rule
3745-27-78
of the Administrative Code.
(iv)
Whole scrap tires which could not be processed by a scrap tire recovery
facility. The owner or operator of the scrap tire recovery facility shall
complete a scrap tire shipping paper and record on the shipping paper why the
scrap tires are not processable at the scrap tire recovery facility. This
includes but is not limited to aircraft tires and forklift tires that are not
processable due to their construction or scrap tires contaminated with mud or
other materials that render the tires unsuitable for processing.
(h) Low-level radioactive wastes
as specified in section
3734.027 of the Revised
Code.
(i) Semi-solid material
containing free liquids, as determined by results obtained from conducting
method 9095 (paint filter liquids test) in SW-846, third edition: "Test Methods
for Evaluating Solid Wastes, Physical/Chemical Methods," (
June 14, 2005
February
2007) (http://www.epa.gov/epaoswer/hazwaste/test/main.htm) on the
semi-solid material, unless the owner or operator has obtained prior written
authorization from Ohio EPA to dispose of that semi-solid material in the
facility.
(9) Litter.
The owner or operator shall employ all reasonable measures to
collect, properly contain, and dispose of scattered litter, including the use
of portable wind screens where necessary and frequent policing of the
area.
(10) Daily log of
operations.
(a) The owner or operator shall
keep a daily log of operations of the facility that contains all the
information specified on forms prescribed by the director. All entries required
by the log form shall be completed. The owner or operator of the facility may
use alternate forms, either in paper or electronic formats, for the daily log
of operations, provided that all of the information requested on the prescribed
forms is present.
(b) A copy of the
log shall be available for inspection by the health commissioner or the
director during normal operating hours.
(c) When required by Ohio EPA, the owner or
operator shall submit log forms or summaries of daily logs to the health
commissioner or the director on either paper or electronic versions of forms
prescribed by the director. The owner or operator may use alternate forms,
either in paper or electronic formats, for the log forms or summary of daily
logs, provided that all of the information requested on the prescribed forms is
present.
(d) The owner or operator
shall make the completed daily logs available for inspection at the facility
for a minimum of three years. The records retention period may be extended
during the course of any unresolved litigation or when so requested by Ohio
EPA. The three-year period for retention of records shall begin on the date the
daily log form is completed.
(11) Inspection.
(a) The owner or operator shall inspect the
sanitary landfill facility at least daily for ponding, erosion, and leachate
outbreaks. Written results of the inspections, including a discussion of any
corrective actions taken, the date, and weather conditions, shall be recorded
on the daily log forms required pursuant to paragraph (E)(10) of this rule and
shall be made available to the health commissioner or the director upon
request.
(b) The owner or operator
shall inspect sedimentation ponds and sedimentation pond discharge structures,
including pipes, ditches, and culverts at least weekly for erosion, clogging,
or failure and take prompt corrective action, if necessary. Written results of
the inspections, including a discussion of any corrective actions taken, any
water quality samples taken, the date, and weather conditions, shall be
recorded on the daily log forms required pursuant to paragraph (E)(10) of this
rule and shall be made available to the health commissioner or the director
upon request.
(12)
Approved permit to install, detail plans, and specifications.
The owner or operator shall ensure that a copy of the approved
permit to install, detail plans, specifications and information is maintained
at the sanitary landfill facility and is available and may be inspected by the
health commissioner or the director upon request during normal operating
hours.
(F) Daily
cover.
Daily cover shall be applied to all exposed solid waste by the
end of the working day to control fire hazards, blowing litter, odors, insects,
vectors, and rodents. In no event shall solid waste be exposed for more than
twenty-four hours after unloading. Daily cover material shall be
nonputrescible, shall not contain large objects in such quantities as may
interfere with its application and intended purpose, and shall not be solid
waste, unless the owner or operator has received prior, written authorization
in accordance with paragraph (F)(3)(a) of this rule.
(1) For units of a sanitary landfill facility
having a leachate management system, a soil layer, a minimum of six inches
thick, shall be applied and maintained. Daily cover applied in an area served
by a leachate collection system shall be removed or otherwise prepared as
necessary prior to the placement of the next layer of waste in that area so as
not to impede the flow of leachate to the leachate management system within the
limits of waste placement.
(2) For
units of a sanitary landfill facility without a leachate management system, a
soil layer a minimum of six inches thick, consisting of well-compacted loam,
clay loam, silty clay loam, silty clay, or some combination thereof, shall be
used.
(3) Alternative daily cover.
(a) The director may approve solid waste to
be used as alternative material for daily cover if the owner of operator can
demonstrate to the satisfaction of the director that the solid waste material
proposed for use can provide protection comparable to six inches of soil and is
protective of human health and environment. The owner or operator must obtain
written approval to use solid waste for alternative daily cover prior to
utilizing the solid waste.
(b) The
director may approve alternative materials, other than solid waste, or other
thicknesses for daily cover if the owner or operator can demonstrate to the
satisfaction of the director that the proposed alternative material or
thickness provides protection that is comparable to six inches of soil and is
protective of human health and the environment. The owner or operator must
obtain written approval to use an alternative material or thickness for daily
cover prior to utilizing the alternative material or thickness.
(4) The director may authorize the
application of cover material less often than daily if the owner or operator
can demonstrate to the satisfaction of the director that the alternate
frequency provides comparable and adequate protection.
(G) Intermediate cover.
(1) To minimize infiltration, the owner or
operator shall apply intermediate cover to all filled areas of a sanitary
landfill facility where additional waste is not to be deposited for at least
thirty days. The director may approve the use of some alternate time period, if
the owner or operator can demonstrate to the satisfaction of the director that,
by use of the alternate time period, infiltration will not be
increased.
(2) Intermediate cover
material shall be nonputrescible and have low permeability to water, good
compactability, cohesiveness, and relatively uniform texture, and shall not
contain large objects in such quantities as may interfere with its application
and intended purpose. A soil layer, a minimum of twelve inches thick,
consisting of well-compacted loam, silt loam, clay loam, silty clay loam, silty
clay or some combination thereof, shall be used. The owner or operator may use
other materials or thicknesses for intermediate cover if the owner or operator
can demonstrate the satisfaction of the director that the proposed intermediate
cover material or thickness provides comparable and adequate
protection.
(3) Prior to the
placement of the next layer of waste in that area, intermediate cover in an
area shall be removed or otherwise prepared as necessary so as not to impede
the flow of leachate to the leachate management system within the limits of
waste placement.
(4) The owner or
operator shall perform measures to protect the intermediate cover from
erosion.
(H) Final
cover.
Within
Not later than seven days of
after reaching the
approved final elevations of waste placement in a phase, or an alternate
schedule approved by the director, the owner or operator shall begin
constructing the final cap system by doing either of the following:
(1) By constructing a cap system over the
entire phase in accordance with rule
3745-27-08
of the Administrative Code as specified in rule
3745-27-11
of the Administrative Code.
(2) By
doing all of the following:
(a) Place
transitional cover over the entire phase in accordance with rule
3745-27-08
of the Administrative Code.
(b)
When the unit in which the phase is located has reached approved final
elevations of solid waste placement, construct a cap system over the entire
unit in accordance with rule
3745-27-08
of the Administrative Code as specified in rule
3745-27-11
of the Administrative Code.
(c) The
owner of operator shall provide written notice to Ohio EPA and the approved
health department clearly describing all phases and units, or portions thereof,
where transitional cover will be installed in accordance with rule
3745-27-08
of the Administrative Code. The owner of operator shall submit the notification
prior to the beginning construction of transitional cover for a particular
phase, or portion thereof. A copy of notice shall be placed in the operating
record.
(d) After completing
construction or transitional cover in a particular phase, the owner of operator
shall submit a certification report to Ohio EPA and the approved health
department in accordance with rule
3745-27-08
of the Administrative Code. The certification report shall be submitted
no
not later
than the date for the submittal of the next annual operational report required
pursuant to paragraph (M) of this rule. A copy of the certification shall be
placed in the operating record.
(e)
Notwithstanding any prior notification that transitional cover will be
installed, the owner or operator may choose to comply with paragraph (H)(1) of
this rule. The owner or operator shall provide prior notice to Ohio EPA and the
approved health department of any change from a previously submitted
notification.
[Comment: Use of the transitional cover, formerly known as
interim final cover, as specified in paragraph (H)(2) of this rule may increase
the closure cost estimate since that final cap system may not be installed over
large areas of a facility until near the end of the facility's life. Rule
3745-27-15
of the Administrative Code requires the owner or operator to prepare cost
estimates which reflect the cost of closure activities at a point when closure
of the sanitary landfill facility would be most expensive and which assumes
closure is performed by a third party. Paragraph (M)(6) of this rule requires
the owner or operator to at least annually update the closure cost estimate and
submit the revised estimate with the annual operational report. Finally, rule
3745-27-15
of the Administrative Code mandates that when the current closure cost estimate
increases the owner or operator must increase the dollar amount of the
financial assurance mechanism. See rule
3745-27-15
of the Administrative Code]
(I) Scales.
The owner or operator of a sanitary landfill facility, with an
authorized maximum daily waste receipt greater than two hundred tons per day,
shall use scales as the sole means of determining gate receipts. All scales
shall be inspected, tested, and approved by the county auditor or city sealer
having jurisdiction where the scale is located and shall meet the
specifications, tolerances, and regulatory requirements of section
1327.49 of the Revised Code.
This paragraph shall not apply to a sanitary landfill facility owned by the
generator that exclusively disposes of waste generated at premises owned by the
generator.
(J) Surface
water management.
(1) The owner or operator
shall ensure that surface water at a sanitary landfill facility is diverted
from areas where solid waste is being, or has been, deposited. The owner or
operator shall ensure that a sanitary landfill facility is designed,
constructed, maintained, and provided with surface water control structures
that control run-on and runoff of surface water. These surface water control
structures shall ensure minimal erosion and infiltration of water through the
cover material and cap system. These surface water control structures shall be
designed in accordance with rule
3745-27-08
of the Administrative Code.
(2) The
design of any surface water control structures shall be placed in the operating
record in accordance with rule
3745-27-09
of the Administrative Code.
(3) If
ponding or erosion occurs on areas of the sanitary landfill facility where
waste is being, or has been, deposited, the owner or operator shall undertake
actions as necessary to correct the conditions causing the ponding or
erosion.
(4) If a substantial
threat of surface water pollution exists, the director or health commissioner
may require the owner or operator to monitor the surface water.
(K) Leachate management.
(1) If a leachate outbreak occurs at the
sanitary landfill facility, the owner or operator shall repair all outbreaks
and do the following:
(a) Contain and
properly manage the leachate at the sanitary landfill facility.
(b) If necessary, collect and dispose of the
leachate in accordance with paragraphs (K)(5) and (K)(6) of this
rule.
(c) Take action to minimize,
control, or eliminate the conditions which contribute to the production of
leachate.
(2) The owner
or operator shall maintain at least one lift station back-up pump at the
sanitary landfill facility at all times.
(3) The owner or operator shall visually or
physically inspect the collection pipe network of the leachate management
system after placement of the initial lift of waste to ensure that crushing has
not occurred and shall inspect the collection pipe network annually thereafter
to ensure that clogging has not occurred.
(4) If authorized in writing by the director,
the owner or operator may temporarily store leachate within the limits of waste
placement until the leachate can be treated and disposed as outlined in the
leachate contingency plan as required in paragraph (K)(6) of this
rule.
(5) The owner or operator
shall treat and dispose of collected leachate in accordance with Chapter 6111.
of the Revised Code and with one of the following:
(a) Treat and dispose of collected leachate
on site at the sanitary landfill facility.
(b) Pretreat collected leachate on-site and
dispose of collected leachate off-site of the sanitary landfill
facility.
(c) Treat and dispose of
collected leachate off-site of the sanitary landfill facility.
(6) The owner or operator shall
prepare a contingency plan for the storage and disposal of leachate and place a
copy in the operating record. The plan shall describe the immediate and long
term steps, including the setting aside of land for the construction and
operation of an on-site treatment facility, to be taken for leachate management
in the event that collected leachate cannot be managed in accordance with the
management option selected in paragraph (K)(5) of this rule.
(7) If a substantial threat of water
pollution exists from the leachate entering surface waters, the director or
health commissioner may require the owner or operator to monitor the surface
water.
(L) PCB and
hazardous waste prevention and detection program.
By June 1, 1994, the owner or operator shall implement a
written program at the sanitary landfill facility with procedures that are
sufficient to detect and prevent the disposal of regulated hazardous wastes as
defined in rule
3745-51-03
of the Administrative Code and polychlorinated biphenyls (PCB) wastes as
defined in 40 CFR Part 761 (July 1, 2007) (http://www.gpoaccess.gov/cfr/index.html
http://www.gpo.gov/fdsys). The owner or operator shall
place the "PCB and hazardous waste prevention and detection program,"
inspection records, generator certifications, waste screening information, and
notifications required by this rule into the operating record in accordance
with rule
3745-27-09
of the Administrative Code. The "PCB and hazardous waste prevention and
detection program" shall, at a
minimum, include the following
elements:
(1) Detection program. The
owner or operator shall implement a written detection program for the detection
PCB or hazardous wastes prior to disposal. The detection program shall consist
of at least one of the following:
(a) A
"random inspection program." The owner or operator shall randomly inspect
incoming loads at the sanitary landfill facility as follows:
(i) Incoming loads shall be randomly selected
by means of a random numbers table or other equivalent method prior to the
start of the business day.
(ii) The
frequency of inspections shall be sufficient to ensure that incoming loads do
not contain regulated PCB or hazardous wastes, but shall not be less than one
inspection per fifty incoming loads.
(iii) The owner or operator may exclude from
random inspection loads sources exclusively dedicated to waste collection from
community operations (i.e. waste derived from households including single and
multiple residences, hotels, and motels,
bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and
day-use recreation areas).
(b) Pre-acceptance waste screening program. A
"pre-acceptance waste screening program" shall
, at a minimum
,
include
, the following:
(i) A description of the type of wastes and
type of waste characteristics that require evaluation by the owner or operator
prior to acceptance at the sanitary landfill facility.
(ii) A requirement,
that based on type of waste, that the owner
or operator obtain from the generator a written description of the waste, its
source, physical and chemical characteristics including analytic data, if
available, and certification from the generator that the material does not
contain PCB or hazardous wastes.
(iii) A requirement,
that based on the type of waste, that the
owner or operator obtain a representative sample of the waste from the
generator and a certification from the generator that the sample is
representative of the waste stream, and a description of the circumstances in
which sample analysis is required prior to waste acceptance.
(iv) A description of the procedures and
personnel (including professional qualifications) responsible for determining
waste acceptance and for documenting a decision on waste acceptance.
(c) Other detection measures,
acceptable to the director, sufficient to ensure that incoming loads do not
contain regulated PCB or hazardous wastes.
(2) Procedure upon detection or suspected
detection of PCB or hazardous wastes.
(3) Procedure for creating and maintaining
records, including inspection records, generator certifications, waste
screening documentation, and notifications in accordance with the requirements
of rule
3745-27-09
of the Administrative Code.
(4)
Procedures for training of sanitary landfill facility personnel for personal
safety and to recognize regulated hazardous wastes and PCB wastes.
(5) Procedures for notifying the appropriate
Ohio EPA district office and approved health department upon the actual
discovery of a regulated hazardous waste or PCB waste at the sanitary landfill
facility. The notification procedures shall at a minimum provide the following:
(a)
For
notifying
A notification to Ohio EPA and
the approved health department
within
not later than twenty-four hours by phone, and
within
not later
than seven days in writing, of the discovery of regulated hazardous
wastes or PCB wastes at the facility.
(b) The notification shall identify all
generators, transporters, and brokers of the wastes.
(c) The notification shall indicate whether
the waste was disposed of at the facility, and if so, where.
(6) Upon the suspected detection
of PCB or hazardous wastes, prior to placement of the PCB or hazardous wastes
at the working face, the owner or operator shall not place the wastes at the
working face and shall manage waste in a manner protective of human health and
the environment until confirming that wastes are not PCB or hazardous
wastes.
(7) Upon the detection of
PCB or hazardous wastes prior to placement of the wastes at the working face,
the owner or operator shall not place the wastes at the working face, shall
implement the notification procedures in the PCB and hazardous waste prevention
and detection program, and shall manage the PCB or hazardous waste in
accordance with applicable state and federal laws.
(8) Upon the detection of PCB or hazardous
wastes after placement of the wastes at the working face, the owner or operator
shall take such actions as are necessary to attain compliance with applicable
state and federal laws.
(M) Annual operation report.
The owner or operator of a sanitary landfill facility shall
submit an "annual operational report" to the appropriate Ohio EPA district
office and approved health department not later than the first day of April of
each year. The "Annual Operational Report" shall include, at a minimum,
the following information summarizing the previous calendar year's
operations:
(1) A topographic map of
all units of the sanitary landfill facility, certified by a professional
skilled in the appropriate disciplines, with updated contour lines on the plan
drawing containing information specified in rule
3745-27-06
of the Administrative Code. The scale and contour interval shall be consistent
with the approved plans. At a minimum, the owner or operator shall identify the
following:
(a) The calendar year which the
submittal represents.
(b) The areal
extent of each phase of construction.
(c) The areal extent of closed areas of all
units that have a final cap system or have transitional cover.
(d) Areas that have intermediate
cover.
(e) The current working
phase and unit.
(f) The projected
phase and unit for filling in the coming year.
(g) Access roads and buildings.
(h) On-site borrow areas and cover material
stockpiles.
(i) A comparison of the
actual vertical and horizontal limits of emplaced waste to the vertical and
horizontal limits of waste placement authorized in the applicable authorizing
documents, including an approved permit to install, plan approval, or
operational report. If emplaced waste exceeds the limits of vertical and
horizontal waste placement authorized in the applicable authorizing documents,
this comparison shall include a topographic map which delineates the areal
extent of emplaced waste that exceeds approved limits specified in such
authorizing documents. In addition, the topographic map shall contain notes
that indicate the following information for waste exceeding authorized limits
of waste placement: the maximum estimated volume, the maximum depth, and the
average depth.
[Comment: The submittal of this information does not relieve an
owner or operator from complying with applicable authorizing documents or
correcting violations.]
(2) A summary of the daily logs for the
previous year on forms prescribed by the director or alternate forms used
pursuant to paragraph (E)(10) of this rule.
(3) An estimate of the remaining sanitary
landfill facility life, in years, and in terms of the remaining volume of the
sanitary landfill facility to be filled, in cubic yards.
(4) A summary of the quantity of leachate
collected for treatment and disposal on a monthly basis during the year,
location of leachate treatment and disposal, and verification that the leachate
management system is operating in accordance with this rule.
(5) 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 and for polychlorinated biphenyls (PCBs). The grab
sample shall be obtained from the leachate management system.
[Comment: If PCBs are detected in leachate that will be
discharged directly to or transported and discharged to a wastewater treatment
plant, then the owner or operator of the sanitary landfill facility generating
the leachate should contact Ohio EPA, division of surface water, prior to
discharging the leachate. If the wastewater treatment plant is not affiliated
with the landfill facility, then the owner or operator should also contact the
receiving wastewater treatment plant prior to discharge. The owner or operator
of the sanitary landfill facility should inform Ohio EPA, division of surface
water (and the wastewater treatment plant, if applicable) of the presence and
concentration of PCBs detected in the leachate. Depending upon the wastewater
treatment plant's permitted discharge limit for PCBs, the owner or operator of
the sanitary landfill facility may be required to conduct pretreatment of the
leachate to remove PCBs prior to discharging to the wastewater treatment
plant.]
(6) The most recent
updated closure cost estimate, post-closure care cost estimate, and, if
applicable, corrective measures cost estimate, adjusted for inflation and for
any change in closure cost estimate, post-closure care cost estimate, or
corrective measures cost estimate required by rules
3745-27-15,
3745-27-16,
and
3745-27-18
of the Administrative Code.
(7) A
summary of any maintenance performed on 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 or
performed in response to this rule.
(8) A notarized statement that, to the best
of the knowledge of the owner or operator, the information contained in the
annual report is true and accurate.
(9) If applicable, a summary of instances
recorded in accordance with procedures required in paragraph (O)(2)(a)(v) of
this rule in which the owner or operator of a sanitary landfill facility
refused acceptance of a vehicle due to the presence of source-separated yard
waste or commingled yard waste in the vehicle load.
(N) Ten year design demonstration.
Upon every tenth anniversary of the effective date of the
initial permit to install issued to the owner or operator of the sanitary
landfill facility pursuant to Chapter 3734. of the Revised Code and each tenth
anniversary thereafter, the owner or operator shall submit to Ohio EPA an
analysis demonstrating that the design of the unconstructed portions of the
sanitary landfill facility continues to be consistent with the design standards
established in the current version of rule 3745-27-08 of the Administrative
Code. If the director determines that the design is no longer consistent with
the standard established in the current version of rule 3745-27-08 of the
Administrative Code, then the director may require the owner or operator to
make the necessary changes to the sanitary landfill facility to bring the
facility into compliance with the design standards in the current version of
rule
3745-27-08
of the Administrative Code. Since these changes will represent deviations from
what is contained in the current authorizing documents, the owner or operator
shall obtain the appropriate authorization from Ohio EPA prior to making the
changes. If a permit to install application is required, the director shall not
apply the criteria outlined in paragraph (H) of rule 3745-27-07 of the
Administrative Code, when considering the permit to install application.
[Comment: A deviation may be an alteration, a modification, or
an other change depending upon the significance of the deviation. If the
deviation represents an alteration, then the owner or operator is required to
obtain written concurrence from Ohio EPA prior to making any change to the
facility. If the deviation represents a modification, then the owner or
operator is required to obtain an
a permit to install for the modification from Ohio EPA
prior to making any change to the facility.]
[Comment: To determine when Ohio EPA does and does not apply
siting criteria to the review of an application for a permit to install to
modify the facility, see rule
3745-27-07
of the Administrative Code.]
(O) Yard waste management.
[Comment: Application of this rule should be read in
conjunction with paragraphs (E)(2)(c) and (E)(8)(f) of this rule. The
definitions for "yard waste," "source-separated yard waste," and "commingled
yard waste" are located in rule
3745-27-01 of the
Administrative Code.]
(1) The owner or
operator may accept for disposal and dispose of source-separated yard waste at
the sanitary landfill facility if any of the following are applicable:
(a) The owner or operator may for a temporary
period of time accept for disposal and dispose of yard waste resulting from
storm damage or other natural catastrophe upon the written acknowledgment of
the solid waste management district of the need for the temporary disposal of
yard waste.
[Comment: The solid waste management district is the local
entity responsible for tracking the availability of waste disposal and
processing capacity. The solid waste management district is therefore the
appropriate entity to make the determination that locally available yard waste
management capacity is not sufficient to handle yard waste resulting from storm
damage or other natural catastrophe.]
(b) The owner or operator may dispose of yard
waste resulting from the incidental acceptance of yard waste where the yard
waste has been placed at the working face of the landfill, provided the owner
or operator complies with paragraph (O)(2) of this rule.
For the purposes of this rule "incidental acceptance" of yard
waste means a source-separated or commingled yard waste is place the working
face of the landfill.
(c)
The owner of operator may accept a vehicle load of source-separated yard waste
if that vehicle load has been refused acceptance by a composting facility
registered or licensed in accordance with
rule
3745-27-40
to
3745-27-46
Chapter 3745-560 of the Administrative Code. The
owner or operator shall obtain documentation of this refused acceptance by a
composting facility upon acceptance of the vehicle at the sanitary landfill.
Such documentation shall identify the vehicle, the vehicles' load, the compost
facility which refused acceptance of the vehicle load, and the date of refusal
on a form prepared by the director. The owner or operator shall attach any
forms received to the appropriate daily log of operations required in paragraph
(E)(10) of the is rule.
(d) The
owner or operator may accept for disposal and dispose of tree trunks and
stumps.
(2) Yard waste
restriction program.
[Comment: The yard waste restriction program outlined in
paragraph (O)(2)(a) of this rule consists of procedures to inform persons
transporting waste of the yard waste restrictions, alternative yard waste
management options, and identification of readily observable dedicated yard
waste collection vehicles or loads of source-separated yard waste in order to
encourage alternative management of yard waste, direct persons to available
yard waste composting facilities, and deter the landfilling of readily
observable source-separated yard waste loads. This approach is due to Ohio
EPA's position that a sanitary landfill facility's required design, operation,
and environmental monitoring provides more than adequate environmental
protection.]
In order for the owner or operator to dispose of yard waste
resulting from the incidental acceptance of yard waste in accordance with
paragraph (O)(1)(b) of this rule, the owner or operator shall do the
following:
(a) Implement a written
program to ensure that yard waste is not accepted for disposal or disposed of
at the sanitary landfill facility. The program shall
, at a minimum
,
consist of the following:
(i) Procedures for
notifying person transporting waste to the landfill of the yard waste
restrictions at the sanitary landfill facility.
(ii) Procedures for distributing information
regarding alternative yard waste management methods, such as composting, to
persons transporting waste to the landfill facility. At a minimum, information
shall include the name, address, and phone number of the solid waste management
district in which the sanitary landfill facility is located and a listing of
informational pamphlets, brochures, etc., regarding yard waste composting
published by Ohio EPA and the solid waste management district in which the
sanitary landfill is located.
(iii)
Except for
a sanitary landfill facility with an
on-site licensed or registered compost facility, procedures for distributing
information regarding the facility names and locations of Ohio EPA licensed or
Ohio EPA registered composting facilities in the county in which the sanitary
landfill facility is located to persons transporting waste to the sanitary
landfill facility.
(iv) Procedures
for identifying vehicles dedicated to yard waste collection or vehicles
transporting portable containers and compartments of portable containers
dedicated to yard waste collection, or vehicles with loads observed to consist
of source-separated yard waste, and for refusal of the load due to the presence
of source-separated yard waste.
(v)
Procedures for the recording of instances in which the sanitary landfill
facility refused acceptance of a vehicle load due to the presence of a
source-separated yard waste or commingled yard waste in the vehicle
load.
(b) Place the yard
waste restriction program document in the sanitary landfill facility's
operating record in accordance with rule
3745-27-09
of the Administrative Code.
(c)
Yard waste restriction program compliance. The owner or operator of a sanitary
landfill facility shall review the yard waste restriction program and implement
such revisions as the owner or operator deems necessary to ensure control of
the acceptance of yard waste at the sanitary landfill facility when either of
the following occur:
(i) Upon discovery by
the owner or operator that source-separated yard waste has been accepted for
disposal at the sanitary landfill facility.
(ii) Upon notification by Ohio EPA or the
approved health department that source-separated yard waste has been accepted
for disposal at the sanitary landfill facility.
Paragraph (O)(1)(b) of this rule shall not apply unless the
owner or operator complies with paragraph (O)(2) of this rule.
[Comment: Chapter 3734. of the Revised Code does not expressly
provide Ohio EPA with the statutory authority to regulate transporters of solid
waste, which included
includes the
transportation of yard waste. Chapter 3734. of the Revised Code does not
expressly provide Ohio EPA with the statutory authority to require generators
of solid wastes, which includes yard waste, to source-separate solid waste for
delivery to a particular type of solid waste facility or recycling facility.
Chapter 3734. of the Revised Code does provide Ohio EPA with authority to
establish rules regarding the operation of regulated solid waste facilities.
Given these circumstances, it is Ohio EPA's position that the requirement that
an owner or operator review and revise the facility's yard waste restriction
program upon discovery of the acceptance of yard waste is appropriate to assure
improvement in the program's effectiveness.]
