(A) Applicability.
The
The owner or operator of
an industrial landfill or a residual
solid waste landfill facility shall comply
with the requirements and operational criteria specified in this rule until the
final closure certification required by rule
3745-30-09 of the Administrative
Code is submitted and the post-closure care period begins.
(B) Compliance.
(1) The owner or operator shall conduct
all operations at
an industrial landfill or a residual
solid waste 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
3745-501 of
the Administrative Code.
(2) The owner or operator shall
conduct all construction and operation at a residual solid waste landfill
facility in strict compliance with the applicable authorizing document(s),
including permit(s) to install, a plan approval, an operational report, an
approved final closure plan, or an alteration(s) concurred with in writing by
Ohio EPA, except as follows:
(a)
(2) For a
an industrial landfill or residual
solid waste 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 have subsequently
occurred:
owner or operator has obtained
written concurrence from Ohio EPA for the alteration of the industrial or
residual landfill facility or the owner or operator has obtained a permit to
install prior to modifying the industrial or residual landfill facility. For
other industrial landfill or residual landfill facilities, the owner or
operator shall conduct construction and operation in strict compliance with the
applicable authorizing document, a permit to install, a plan approval, an
operational report, an approved final closure plan, or an alteration concurred
with in writing by Ohio EPA.
(i) The owner or operator of a
residual solid waste 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 owner or operator has
obtained written concurrence from Ohio EPA for the alteration of the residual
solid waste landfill facility or the owner or operator has obtained a permit to
install prior to modifying the residual solid waste 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 of
an industrial landfill or a residual
solid waste
landfill facility
disposing of
IMW
as defined in paragraph
(B)(3)
(I)(1)(c) of
rule
3745-30-01 of the Administrative
Code 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 not to 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 the operation 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
contained in rule
3745-30-07 of the Administrative
Code.
(b) The ground water
monitoring, assessment, and corrective measures requirements
of
contained
in rule
3745-30-08 of the Administrative
Code.
(c) The
final closure, post-closure care, and
financial assurance requirements
of
contained in rules 3745-27-15, 3745-27-16,
3745-30-09, and
3745-30-10 of the Administrative
Code.
(C)
Construction certification, approval, and compliance.
(1)
Any oil wells and
gas wells within the proposed limits of IMW placement shall be properly plugged
and abandoned in accordance with Chapter 1509. of the Revised
Code.
(1)
(2) Construction certification and
approval
concurrence. After the installation of any of the
engineered components specified in rule
3745-30-07 of the Administrative
Code, other than the cap system, in any phase of
an
industrial landfill or a residual
solid
waste landfill facility, the owner or operator shall not accept waste
in the phase until
all of the following
occur:
(a) A certification report for that
phase, prepared in accordance with rule
3745-30-07 of the Administrative
Code, has been submitted to
Ohio EPA and the
approved health department
licensing authority
.
(b) The owner or operator has received
written concurrence from the appropriate
Ohio EPA district office for the
specific components of that phase specified in rule
3745-30-07 of the Administrative
Code and any applicable authorizing
document(s)
document.
(c)
The owner or
operator has received written acknowledgment from the appropriate Ohio EPA
district office that the calculated cost estimate for closure and post-closure
care has been received and that the financial assurance mechanism is adequately
funded.
(2)
(3) Construction
compliance. Upon discovery by the owner or operator, or upon notification by
Ohio EPA, that a failed test or alternation has occurred in construction of any
engineered component or portion of
an industrial
landfill or a residual
solid waste
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
industrial landfill or
residual
solid waste landfill facility
yields a result that does not meet the specifications outlined in the
applicable authorizing
document(s)
document specified in paragraph (B) of this rule or
other requirements of
these rules
this chapter. If, prior to submission of the
construction certification report for the component or portion of the
industrial landfill or residual
solid waste 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(s)
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
shall be
reconstructed. Reconstructed areas must be
and retested at a frequency sufficient to
demonstrate to the director
Ohio EPA
that compliance has been achieved.
(b) Alteration.
If,
If, prior to submission of
the construction certification report for the component or portion of the
industrial landfill or residual
solid waste 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(s)
alteration in the certification report "alterations"
section
required by
as specified in rule
3745-30-07 of the Administrative
Code.
(ii) Provide a demonstration
in the certification report that the alteration(s)
alteration is at least equivalent to the requirement
in the applicable authorizing document(s)
document
or other requirements of these rules.
(iii) Submit the certification report to Ohio
EPA and the approved health department
licensing authority
.
(iv) Continue to comply with paragraph (C)(1)
of this rule.
[Comment: Paragraph (C)(2)(b)
(C)(3)(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 3745-30-05 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
industrial landfill or residual
solid waste landfill facility. Obtaining
concurrence for an alteration in accordance with the procedures outlined in
paragraph (C)(2)
(C)(3) 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
twenty-four hours after discovery by phone and within seven days after
discovery in writing, the appropriate Ohio EPA district office and the
approved health department
licensing authority
of the noncompliance
by phone not later than twenty-four hours after
discovery and in writing not later than seven days after
discovery.
(ii)
Within
Not later
than fourteen days
of
after submitting
the written notification required by paragraph
(C)(2)(c)(i)
(C)(3)(c)(i) of this rule,
do either of the following:
(a) Implement compliance with the applicable
steps outlined in paragraph (C)(2)(a)
(C)(3)(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)
(C)(3) (b)
of this rule.
[Comment: Compliance with paragraph (C)(2)(c)
(C)(3)(c) of
this rule does not relieve the owner or operator from liability for failure to
construct or operate the sanitary
industrial landfill or residual landfill facility in
strict compliance with the applicable authorizing document(s)
documents,
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
3745-30-07 of the Administrative
Code.]
(4)
The owner or
operator shall maintain the integrity of the engineered components of the
industrial landfill or residual landfill facility and repair any damage to or
failure of the components. "Engineered components" include the components
described in rule
3745-30-07 of the Administrative
Code and components of the monitoring system installed in accordance with rule
3745-30-08 of the Administrative
Code. The owner or operator shall investigate and reconstruct failed or damaged
engineered components in strict compliance with the existing applicable
authorizing documents and if a redesign is necessary, obtain prior approval of
an alteration or a modification.
(D)
[Reserved.]
Select waste.
The owner or operator shall do the following:
(1)
Place select
waste as the first layer of waste in 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 consist of items over two feet in
length.
(c)
Not restrict the flow of liquid to the leachate
collection system.
(d)
Not contain fines or small particles that can clog the
leachate collection system.
(e)
Be placed above
the leachate collection layer such that the minimum distance between the
composite liner and general waste placement is the greater of the
following:
(i)
Two feet.
(ii)
Twice the length
of the largest general waste item.
(2)
The owner or
operator shall note the following information in the daily log:
(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 of 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 residual 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 residual solid waste
landfill facility and repair any damage to or failure of the components.
"Engineered components" include the components described in rule 3745-30-07 of
the Administrative Code and components of the monitoring system(s) installed in
accordance with rule 3745-30-08 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 residual solid waste to be
received at the residual solid waste landfill facility will not compromise the
integrity of any material used to construct the residual solid waste landfill
facility.
(e) The stability of the residual
waste fill shall be sufficient to support the equipment necessary for daily
operations, including waste deposition at the working face, for the spreading
of waste in layers, and if appropriate, for waste compaction. The stability of
the residual waste fill shall also be sufficient to facilitate the application
of intermediate cover and the construction of the final cap system as required
by paragraph (H) of this rule. Residual waste shall be deposited at the working
face except as otherwise provided by paragraphs (E)(7)(a) and (E)(7)(d) of this
rule.
(f) One or more residual wastes that
meet the requirements in paragraph (B) of rule 3745-30-03 of the Administrative
Code may be mixed to improve fill stability and/or to comply with this rule.
The resultant mixture of wastes shall be deposited in a residual waste landfill
constructed in accordance with the specifications for the most environmentally
protective residual waste landfill class required by the components of the
mixture.
(2)
(1) 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 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
board of health
,
commissioner or
the
director
, or an authorized representative,
who, upon proper identification, may enter the facility at any time to
determine compliance with
Chapter 3745-30 of the
Administrative Code
this chapter.
(c) 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.
(2)
The owner or operator shall clear naturally occurring
vegetation to the extent necessary for proper operation of the
facility.
(3) Equipment.
(a) If the residual waste
IMW
disposed of at the facility poses a threat
of fire, 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
is available at all times, or that
an appropriate
a
prepared contingency plan is prepared
implemented
to properly handle and dispose of waste materials in the event of
equipment failure.
(4)
Scavenging and salvaging.
The
The owner or operator may
only conduct salvaging in a manner approved
authorized by
the director
Ohio
EPA
. Scavenging is prohibited.
(5) Personnel.
The
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
The owner or operator shall
ensure preparations have been made such that, during inclement weather, the
industrial landfill or residual
solid waste landfill facility is able to
receive, compact, and cover incoming residual solid
waste
IMW
. The preparations shall
include, but need not be limited to, designation and preparation of areas where
residual solid waste
IMW
will be deposited, compacted, and covered during
inclement weather, construction and maintenance of all-weather access roads
leading from the point(s)
point 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
residual solid waste
IMW
at a unit(s)
unit of a new
industrial landfill or residual
solid waste landfill facility,
or in any unit(s)
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
The applicable
requirements for leachate treatment and/or
or disposal,
discharges to surface waters, management of surface water runoff, and air
emissions.
(b)
Prior to accepting IMW in the first unit of a new
industrial landfill or residual landfill facility, the owner or operator shall
ensure the facility has been inspected by the licensing authority and that
written concurrence has been received from Ohio EPA stating that the facility
is ready to begin accepting IMW for disposal.
(b)
(c) 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
industrial
landfill or residual solid waste
landfill facility.
(c)(d) The owner or
operator shall confine unloading of waste materials to the smallest practical
area(s)
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)
(e) 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
that 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)
(f) The owner or
operator shall employ all necessary means
to ensure that dusty materials are handled, compacted, and covered in such a
manner as to minimize the amount of dust that is generated by those
materials.
(f)
(g) The owner or operator shall exclusively accept for
disposal residual waste as defined in paragraph (B)
of rule 3745-30-01 of the Administrative Code and may also accept for disposal
nontoxic fly ash, nontoxic bottom ash, or nontoxic spent foundry
sand
wastes authorized by the director
.
Except as provided in paragraphs (D)(1) and (E)(7)(e)
of this rule, the owner or operator shall ensure that IMW admitted to the
industrial landfill or residual landfill facility is deposited at the working
face and spread in layers and compacted to the smallest practical
volume.
(h)
The stability of the IMW fill shall be sufficient to
support the equipment necessary for daily operations, including waste
deposition at the working face, for the spreading of waste in layers, and if
appropriate, for waste compaction. The stability of the IMW fill shall also be
sufficient to facilitate the application of intermediate cover and the
construction of the final cap system as required by paragraph (H) of this rule.
IMW shall be deposited at the working face except as otherwise provided by
paragraphs (D) and (E)(7)(e) of this rule.
(i)
The owner or
operator may mix one or more wastes that meet the requirements in paragraph (B)
of rule 3745-30-03 of the Administrative
Code to improve fill stability or to comply rule
3745-30-03 of the Administrative
Code. For a residual landfill facility, the mixture cannot include any IMW that
does not meet the characterization criteria for disposal in the residual
landfill facility.
(8) Disposal restrictions.
The
The owner or operator shall
not accept for disposal or dispose of any of the following materials at
an industrial landfill or a residual
solid waste 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, 2003.
(b) Containerized bulk liquids or
non-containerized liquids without authorization from the director.
(c) Materials that are defined as hazardous
wastes pursuant to rule
3745-51-03 of the Administrative
Code.
(d) Polychlorinated biphenyls
(PCB) wastes.
(e) Low-level
radioactive wastes as specified in section
3734.027 of the Revised
Code.
(f) Semi-solid material
containing free liquids, as determined by results obtained from conducting
method 9095 (1996)(paint filter liquids
test)
9095B - "Paint Filter Liquids Test"
in SW-846, third edition: "Test Methods for Evaluating Solid Wastes,
Physical/Chemical Methods," 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)
The owner or
operator shall perform chemical compatibility testing if Ohio EPA determines
that such testing is necessary to demonstrate that the IMW to be received at
the industrial landfill or residual landfill facility will not compromise the
integrity of any material used to construct the industrial landfill or residual
landfill facility.
(10)
The owner or operator shall employ reasonable measures
to collect, properly contain, and dispose of scattered litter.
(9)
(11)
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
Alternative 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.
The daily log shall include at a minimum the
following:
(i)
Name, location, and contact information.
(ii)
Name and
signature of the person entering the information into the log of
operations.
(iii)
Information regarding each load, hauler and vehicle or
container, and the generator.
(iv)
The description
and amount of unauthorized material discovered at the facility and actions
taken in response.
(v)
Information regarding any incident of damage or failure
of an engineered component, and observations of nuisance
conditions.
(vi)
Inspection documentation.
(vii)
Any other
information required to be recorded by this chapter and Chapter 3745-502 of the
Administrative Code to be recorded on the log of operations, and any other
information the director may require to document compliance with Chapter 3734.
of the Revised Code.
(b) A copy of the log shall be available for
inspection by the board of health
commissioner or
, the director
, or an
authorized representative 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
board of health commissioner or the
director
Ohio EPA
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.
(10)
(12) Inspection.
(a) The owner or operator shall inspect the
industrial landfill or residual
waste landfill facility at least daily for
ponding, erosion, and leachate outbreaks. Written results of the inspections,
including any corrective actions employed, should
shall be made
available to the board of health,
commissioner or the
director
Ohio EPA, or an authorized
representative 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. A log including
inspection results, any corrective actions, and the date and weather conditions
for any water quality samples, shall be
maintained and provided to Ohio EPA or the authorized local health department
licensing authority
upon request.
(11)
(13)
Approved permit to install, detail plans and specifications.
The
The owner or operator shall
ensure that a copy of the approved permit to install, detail plans,
specifications and information is maintained at the
industrial landfill or residual
solid waste landfill facility and is
available and may be inspected by the board of
health,
commissioner
or the director
, or an authorized
representative upon request during normal operating hours.
(12)
(14) The owner or operator of a facility shall not
admit waste materials to any area of the facility until
all site preparations for that area have
been completed, all necessary equipment has
been brought to the facility, the facility has been adequately prepared for
operation, and the prepared site has been inspected by the
health commissioner
licensing authority
or Ohio EPA.
(13)
(15)
Sedimentation ponds shall be cleaned out completely, to ensure the proper
operation of the ponds, when the volume of settled particles necessitates
cleaning based either on inspection results or on the sediment pond design
calculations required by paragraph
(C)(6)(i)
(C)(6)(j) of
rule
3745-30-05 of the Administrative
Code.
(14)
(16) Financial assurance.
(a) The owner or operator shall annually
review, analyze, adjust, and submit the final closure cost estimate and
post-closure care cost estimate in accordance with paragraph (D) of rule
3745-27-15 and paragraph (D) of
rule
3745-27-16 of the Administrative
Code.
(b) The owner or operator
shall revise and submit the financial assurance instrument in accordance with
paragraph (D) of rule
3745-27-15 and paragraph (D) of
rule
3745-27-16 of the Administrative
Code.
(F)
Daily cover.
The owner or operator shall apply daily
cover as follows:
(1) Daily cover is not required for
residual waste landfills which exclusively accept for disposal residual waste
as defined in paragraphs (B)(1), (B)(2), (B)(4), (B) (5), (B)(6), and (B)(7) of
rule 3745-30-01 of the Administrative Code. Residual waste facilities as
defined in paragraphs (B)(1), (B)(2), (B)(4), (B)(5), (B)(6), and (B)(7) of
rule 3745-30-01 of the Administrative Code may also accept for disposal
nontoxic fly ash, nontoxic bottom ash, or nontoxic spent foundry
sand.
(2)
(1) The daily cover requirement for
an industrial landfill or residual
waste landfills
landfill facility
which
dispose
that disposes of
residual waste as defined in paragraph (B)(3) of
rule 3745-30-01 of the Administrative Code
waste that is putrescible, odorous, dusty, combustible or
reacts exothermically will be determined by
the director on a site specific basis in evaluating either a permit to
install application or an industrial landfill or
a residual waste landfill
facility license designation as described in paragraph (C) of rule 3745-30-02
of the Administrative Code. An alternative
frequency may be authorized to provide comparable and adequate
protection.
(3)
(2)
Daily
Apply daily cover shall be
applied to all exposed
residual solid waste
IMW
by the end of the working day to control fire
hazards, blowing litter, odors, insects, vectors, and rodents.
In no event shall residual solid wastes
IMW shall not 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 residual
solid waste
IMW
, unless the owner or
operator has received prior, written authorization in accordance with paragraph
(F)(4)(b)
(F)(4)(a) of this rule.
(3)
Remove daily
cover applied in an area served by a leachate management system or prepare the
daily cover as necessary so the flow of leachate to the leachate management
system within the limits of waste placement is not impeded.
(4)
alternate
Alternative
daily cover.
(a)
the director
Ohio EPA
may approve residual solid waste
authorize IMW to be used as alternative material for
daily cover if the residual solid waste
IMW
is nonputrescible and the owner or operator can
demonstrate to the satisfaction of the
director
Ohio EPA
that the proposed
residual solid waste
IMW
provides protection that is comparable to six
inches of soil and is protective of human health and the environment. The owner
or operator must
shall obtain written approval to use
residual solid waste
IMW
for daily cover prior to utilizing the
residual solid waste
IMW
.
(b)
the director
Ohio
EPA
may approve
authorize other materials and/or
or thicknesses
for daily cover if the owner or operator can demonstrate to
the satisfaction of Ohio EPA that the
proposed alternative material and/ or
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
shall obtain written approval to use an alternative
material and/or
or thickness for daily cover prior to
utilizing
using the alternative material
and/or
or
thickness.
(G) Intermediate cover.
The owner or operator shall apply intermediate cover as
follows:
(1)
To minimize infiltration,
For an industrial landfill or residual landfill facility
with disposed waste generally having a permeability greater than 1 x 10-5 cm/sec, apply
intermediate cover shall be applied to
all filled areas of
a residual solid waste landfill
The facility where additional
residual solid waste
IMW
is not to be deposited for at least one hundred
eighty days. the director
Ohio EPA
may approve
authorize the
use of some alternate
an alternative time period, if the owner or operator
can demonstrate to the satisfaction of the
director
Ohio EPA that,
by
through use
of the alternate
Alternative time period, infiltration will not be
increased.
(2)
Intermediate
Employ
twelve inches of intermediate cover material shall be
that is
nonputrescible and have
has low permeability to water, good compactability,
cohesiveness, and relatively uniform texture, and
shall
does not contain large objects in
such quantities as may interfere with its application and intended
purpose. A twelve inch thick layer of soil,
consisting of well-compacted loan, silt loam, clay loam, silty clay loam, silty
clay or some combination thereof,
and is
classified as a low plasticity clay (CL) in the "Unified Soil Classification
System" described in ASTM D2487
shall be
used. The owner or operator may use other materials
and/or
or
thicknesses for intermediate cover if the owner or operator can demonstrate to
the satisfaction of the director
Ohio EPA
that the proposed intermediate cover material
and/or
or
thickness provides comparable and adequate protection.
(3)
Intermediate
Remove or
prepare intermediate cover in an area shall be
removed or otherwise prepared as necessary prior to the placement of
the next layer of residual solid waste
IMW
in that area so as not to impede the flow of
leachate to the leachate management system within the limits of
residual solid waste
IMW placement.
(4) The owner or operator shall perform
measures to protect the intermediate cover from erosion.
(H) Final cover.
Not
later than
Within seven days
of
after
reaching the approved final elevations of solid waste placement in a phase, the
owner or operator shall begin constructing the final cap system in accordance
with rule
3745-30-09 of the Administrative
Code.
(I) Scales.
The
The owner or operator of
an industrial landfill or a residual
solid waste 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
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 an industrial
landfill or a residual solid waste
landfill facility owned by the generator that exclusively disposes of
residual solid wastes
IMW
generated at one or more premises owned by the
generator.
(J) Surface
water management.
(1) The owner or operator
shall ensure that surface water at
an industrial
landfill or a residual
solid waste
landfill facility is diverted from areas where
residual solid waste
IMW
is being, or has been, deposited. The owner or
operator shall ensure that
an industrial landfill
or a residual
solid waste 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
3745-30-07 of the Administrative
Code.
(2) If ponding or erosion
occurs on areas of the
industrial landfill or
residual solid waste landfill facility
where residual solid waste
IMW
is being, or has been, deposited, the owner or
operator shall undertake actions as necessary to correct the conditions causing
the ponding or erosion.
(3) If a
substantial threat of surface water pollution exists, the
board of health commissioner or the director
upon request may require the owner or
operator to monitor the surface water.
(K) Leachate management.
(1) If a leachate
outbreak(s)
outbreak
occurs at the
industrial landfill or residual
solid waste landfill facility, the owner or
operator shall repair the
outbreak(s)
outbreak and do the following:
(a) Contain and properly manage the leachate
at the
industrial landfill or residual
solid waste 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
that contribute
to the production of leachate.
(2) If the owner or operator utilizes pumps
for leachate, the owner or operator shall maintain at least one lift station
back-up pump at the
industrial landfill or
residual solid waste landfill
facility at all times.
(3) The
owner or operator shall inspect the collection pipe network of the leachate
management system after placement of the initial lift of
residual solid waste to ensure that crushing of the
collection pipe network has not occurred
IMW
and shall inspect the collection pipe
network annually thereafter to ensure that clogging of the collection
pipe network has not occurred.
(4)
If authorized in accordance with rule
3745-30-15 of the Administrative
Code, the owner or operator may temporarily store leachate within the limits of
waste placement until the leachate can be treated and disposed as
outlined
specified in the leachate contingency plan
as required
in
by paragraph (K)(6)
of this rule.
(5) The owner or
operator shall treat and dispose of collected leachate in accordance with one
of the following:
(a)
Treat and dispose of collected leachate
on
On site at the
industrial landfill or residual
solid waste landfill facility.
(b)
Pretreat
collected leachate
through on-site
pretreatment at the industrial landfill or residual
landfill facility
and dispose of collected
leachate offsite of the residual solid
waste landfill facility
disposal.
(c)
Treat and
dispose of collected leachate off-site
Off-site of the
industrial
landfill or residual solid waste
landfill facility.
(6)
The owner or operator shall prepare a contingency plan for the storage and
disposal of leachate. The plan shall describe the immediate and long term
steps, including the identification of available
back-up treatment facilities if applicable, 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
health commissioner
licensing authority
or the director may require the
owner or operator to monitor the surface water.
(8)
If at any time
leachate is evaluated to be hazardous in accordance with rule
3745-52-11 of the Administrative
Code, the leachate shall be managed in accordance with Chapters 3745-50 to
3745-69 of the Administrative Code and the generator standards for storage
shall apply pursuant to Chapter 3745-52 of the Administrative
Code.
(L)
[Reserved.]
(M) Annual operational
report.
The
The owner or operator of
an industrial landfill or a residual
solid waste landfill facility shall submit
an "annual operational report" to the appropriate Ohio EPA district office and
approved health department
to the licensing authority
not later than the first
day of April of each year. The "
At a minimum, the annual operational report" shall include, at a
minimum, the following information summarizing the previous calendar
year's operations:
(1) A topographic
map of the
industrial landfill or residual
solid waste landfill facility, certified by
a professional skilled in the appropriate
discipline(s)
discipline, with updated contour lines on the plan
drawing containing information specified in rule
3745-30-05 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
that the
submittal represents.
(b) The
acreage and areal extent of each phase of
construction.
(c) The
acreage and areal extent of
closed areas that have a final cap system.
(d)
Areas
The acreage and areal
extent of areas that have intermediate cover.
(e) The acreage and
areal extent of the current working phase.
(f) The projected phase(s)
phase 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
document(s)
documents, including an approved
permit(s)
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 document(s), 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
This information shall be shown on a
cut/fill map. Any areas indicating a cut greater than two feet shall
contain notes
that indicate the following
information for waste exceeding authorized limits of waste placement: the
maximum estimated
regarding the precise
elevation of waste, the 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)
For an industrial
landfill or residual landfill facility not owned by a generator exclusively
disposing of solid wastes generated at the premises owned by the generator, a
summary of the daily logs for the previous year.
(2)
(3)
An estimate of the remaining
industrial landfill
or residual solid waste landfill
facility life, in years, and in terms
an estimate of the remaining volume of the
industrial landfill or residual
solid waste landfill facility to be filled,
in cubic yards.
(3)
(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/or
or disposal, and verification that the leachate
management system is operating in accordance with this rule.
(4)
(5)
Results from analytical testing for a minimum of one leachate grab sample for
the parameters specified in rule
3745-30-03 and
in appendix C to rule
3745-30-08 of the Administrative
Code. The grab sample shall be obtained from the
leachate collection system but if not feasible, then from
the leachate management system
, and tested
according to the test methods specified in rule
3745-30-03 of the Administrative
Code.
Based on these results, the
director
Ohio EPA
may require additional
leachate sampling and testing in accordance with rule
3745-30-03 of the Administrative
Code to re-evaluate the landfill classification.
(5)
(6) A report detailing
the results of tests required by rule
3745-30-03 of the Administrative
Code.
(6)
(7) The most recent final closure cost estimate and
post-closure care cost estimate which have been revised in accordance with
paragraph (E)(14)(a)
(E)(16)(a) of this rule.
(7)
(8) A summary of any
maintenance performed on the leachate management system, ground water
monitoring system, explosive gas monitoring system, if required, and any other
monitoring and control system installed at the
industrial landfill or residual
waste landfill facility or performed in
response to paragraphs (J) and (K) of this rule.
(8)
(9) The results of the
annual evaluation of ground water surface elevation data in accordance with
rule
3745-30-08 of the Administrative
Code.
(9)
(10) 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.
(N) Ten-year design demonstration.
Upon
Upon every tenth
anniversary of the effective date of the initial permit to install issued to
the owner or operator of the
industrial landfill
or residual solid waste 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 unconstructed portions of the
industrial landfill or residual
solid waste landfill facility continue to
be consistent with the design standards established in the current version of
rule 3745-30-07 of the Administrative
Code. If the director determines that the design is no longer consistent with
the standards established in the current version of rule
3745-30-07 of the Administrative
Code, then the director may require the owner or operator to make the necessary
changes to the
industrial landfill or residual
solid waste landfill facility to bring the
facility into compliance with the design standards in the current version of
rule 3745-30-07 of the Administrative
Code. Since
If
these changes will represent
result in deviations from what is contained in the
current authorizing document(s)
document, the owner or operator shall obtain the
appropriate authorization from the director prior to making the changes. If a
permit to install application is required, the director shall not apply the
siting criteria outlined in paragraph (B) of rule
3745-30-06 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 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
3745-30-06 of the Administrative
Code.]
