Ohio Admin. Code 3745-535-01 - Solid waste landfills - applicability
(A)
This chapter is the program chapter for the operation
of solid waste landfills.
(B)
Except as provided in paragraph (D) of this rule, this
chapter is applicable to any person who establishes or is the owner or operator
of a solid waste landfill.
(C)
In addition to
the rules made applicable by reference in this chapter, the following also
apply:
(1)
Rule
3745-27-06 of the Administrative
Code, which pertains to solid waste landfill permits to
install.
(2)
Rule
3745-27-07 of the Administrative
Code, which pertains to criteria for approval of solid waste landfill permits
to install.
(3)
Rule
3745-27-08 of the Administrative
Code, which pertains to solid waste landfill construction.
(4)
Rule
3745-27-09 of the Administrative
Code, which pertains to the operating record.
(5)
Rule
3745-27-10 of the Administrative
Code, which pertains to ground water monitoring, assessment, and corrective
measures.
(6)
Rule
3745-27-11 of the Administrative
Code, which pertains to closure of a solid waste landfill.
(7)
Rule
3745-27-12 of the Administrative
Code, which pertains to explosive gas monitoring and corrective
measures.
(8)
Rule
3745-27-14 of the Administrative
Code, which pertains to post-closure care of a solid waste
landfill.
(9)
Rules
3745-27-15 to
3745-27-18 of the Administrative
Code, which pertain to financial assurance.
(10)
Rule
3745-27-20 of the Administrative
Code, which pertains to prohibitions and location restrictions.
(11)
Rule
3745-500-01 of the
Administrative Code, which pertains to the applicability of Chapter 3745-500 of
the Administrative Code.
(12)
Rule
3745-500-35 of the
Administrative Code, which pertains to relationships among authorizing
documents, rules, and the authority of the director and board of
health.
(13)
Rule
3745-500-210 of the
Administrative Code, which pertains to a variance from this
chapter.
(14)
Rule
3745-500-220 of the
Administrative Code, which pertains to an exemption from this
chapter.
(15)
Rule
3745-512-30 of the
Administrative Code, which pertains to construction activities.
(16)
Rule
3745-512-55 of the
Administrative Code, which pertains to failed tests and
alterations.
(17)
Rule
3745-512-60 of the
Administrative Code, which pertains to the repair of damaged or failed
engineered components.
(18)
Chapter 3745-502 of the Administrative Code, which
pertains to solid waste fees.
(D)
This chapter is
not applicable to the following:
(1)
Solid wastes generated within a single-family residence
and disposed of on the premises where generated in a manner that does not
create a nuisance or health hazard.
(2)
The temporary
storage of solid wastes prior to collection for disposal or transfer. The
temporary storage of putrescible solid wastes in excess of seven days, or
temporary storage of any solid wastes where such storage causes a nuisance or
health hazard in the judgment of the health commissioner or the director or
their authorized representative shall be considered open
dumping.
(3)
The beneficial use of coal combustion byproducts at
coal mining and reclamation operations and abandoned mine lands that are
regulated and authorized by the Ohio department of natural resources pursuant
to section 1513.02 of the Revised
Code.
(4)
Pond and lagoon operations regulated under Chapter
6111. of the Revised Code.
(5)
Sewage sludge
disposal, use, transportation, or storage as approved under Chapter 6111. of
the Revised Code.
(6)
Land application of the following solid wastes
authorized under Chapters 3734. and 6111. of the Revised Code, as
applicable:
(a)
Agricultural waste for incorporation into soil as a soil
amendment or for agricultural or horticultural applications, provided that all
of the following conditions are met:
(i)
The agricultural
waste is limited to source-separated non-processed plant materials including
stems, leaves, vines, roots, and raw vegetables, fruits, and
grains.
(ii)
The agricultural waste is land-applied exclusively on
fields owned by the owner of the agricultural production operation that
generated the agricultural waste.
(iii)
The land
application of the agricultural waste does not create a nuisance or health
hazard in the judgment of the health commissioner or the
director.
(b)
Pulp or paper sludge from wastewater treatment
works.
(c)
Sawdust.
(d)
Compost product
blended with a solid waste.
(e)
Lime-based or
gypsum-based waste including but not limited to flue gas desulfurization
sludge, lime kiln, or cement kiln dust.
(7)
Tree stumps that
are disposed in a licensed construction and demolition debris
facility.
(8)
Land application of yard waste for incorporation into
soil as a soil amendment, for agricultural or horticultural applications, or
for land reclamation, provided that such land application does not create a
nuisance or health hazard in the judgment of the health commissioner or the
director.
(9)
The disposal of animals destroyed because of a
dangerously infectious or contagious disease in accordance with section
941.14 of the Revised
Code.
(10)
An industrial landfill or residual landfill licensed
and permitted in accordance with Chapter 3745-30 of the Administrative
Code.
(11)
The land application of a beneficial use byproduct that
is authorized pursuant to and conducted in compliance with Chapter 3745-599 of
the Administrative Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 3734.02, 3734.041, 3734.12, 3734.57
Rule Amplifies: 3734.02, 3734.03, 3734.041, 3734.05, 3734.12, 3734.57
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