Ohio Admin. Code 3745-30-14 - Operation of an industrial landfill or residual landfill facility

(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.]

Notes

Ohio Admin. Code 3745-30-14
Effective: 5/28/2021
Five Year Review (FYR) Dates: 11/5/2020 and 05/28/2026
Promulgated Under: 119.03
Statutory Authority: 3734.02, 3734.12
Rule Amplifies: 3734.02, 3734.12
Prior Effective Dates: 01/13/1992, 08/15/2003, 07/01/2004, 05/18/2015

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