Chapter 3745-27 Solid Waste and Infectious Waste Regulations

3745-27-01 Definitions.

(A)

(1) "Airport" means any airport certified by the federal aviation administration and open to the public without prior permission and without restrictions within the physical capabilities of the available facilities.

(2) "Alteration" means a change to a facility from the requirements specified in the facility's authorizing document which is at least equivalent to rule requirements, other than a "modification" as that term is defined in rule 3745-27-02 of the Administrative Code, which requires written concurrence by Ohio EPA.

[Comment: If the change is not equivalent to rule requirements, approval through a permit, variance, or exemption would be necessary.]

(3) "Animal waste" means animal excreta, bedding, wash waters, waste feed, and silage drainage.

(4) "Applicant" means any person who has applied for a registration certificate, permit to install, an alternative infectious waste treatment technology approval, or an operating license in accordance with Chapter 3745-27, 3745-29, 3745-30, or 3745-37 of the Administrative Code.

(5) "Aquifer" means a consolidated or unconsolidated geologic formation or series of formations that are hydraulically interconnected and that have the ability to receive, store, or transmit water to wells or springs.

(6) "Aquifer system" means one or more geological units or formations that are wholly or partially saturated with water and are able to store, transmit, and yield significant amounts of water to wells or springs.

(7) "Assets" means all existing and all probable future economic benefits obtained or controlled by a particular entity.

(8) "Authorized maximum daily waste receipt" means the maximum amount of solid waste a solid waste disposal facility may receive at the gate in any calendar day. The waste receipt limit shall be expressed in tons per day for facilities utilizing scales or cubic yards per day at the gate for all other facilities. The conversion factor between tons and cubic yards shall be one ton to three cubic yards unless the solid waste is baled, in which case a one-ton to one-cubic-yard conversion factor shall be used.

(B)

(1) "Beneficial use" means to use a scrap tire in a manner that results in a commodity for sale or exchange or in any other manner authorized as a beneficial use in accordance with rule 3745-27-78 of the Administrative Code. The use of a scrap tire at a scrap tire recovery facility is not a "beneficial use" of scrap tires, for the purposes of Chapter 3745-27 of the Administrative Code. "Beneficial use" does not apply to products manufactured from scrap tires and sold to a customer, including tire derived fuel as defined in this rule.

(2) "Biomass fuels" are defined in rule 3745-27-03 of the Administrative Code.

(3) "Bird hazard" means an increase in the likelihood of bird/aircraft collisions that may cause damage to the aircraft or injury to the occupants of the aircraft.

(4) "Board of directors of a joint district" means a collective body of the boards of county commissioners of the counties establishing a joint solid waste management district as specified in section 343.01 of the Revised Code.

(5) "Board of health" means the board of health of a city or general health district, or the authority having the duties of a board of health in any city as authorized by section 3709.05 of the Revised Code.

(C)

(1) "Closed unit" means any unit of a sanitary landfill facility for which the owner or operator is required to complete, or has completed, all closure activities in accordance with rule 3745-27-11 of the Administrative Code.

(2) "Commingled yard waste" means yard waste that has been commingled with other solid wastes. Commingled yard waste does include containerized source-separated yard waste including, but not limited to, yard waste in paper or plastic bags where such bags are commingled with other solid wastes.

(3) "Composting" means the process of biological decomposition of solid wastes under controlled conditions resulting in compost. Controlled conditions include but are not limited to grinding, shredding, piling, physical turning, aerating, adding moisture, or other processing of solid wastes.

(4) "Composting facility" means a site, location, tract of land, installation, or building used for composting of solid waste in accordance with Chapter 3734. of the Revised Code and rules adopted thereunder.

(5) "Current assets" means cash or other assets or resources commonly identified as those which are reasonably expected to be realized in cash or sold or consumed during the normal operating cycle of the business.

(6) "Current corrective measures cost estimate" means the most recent of the estimates prepared in accordance with rule 3745-27-18 of the Administrative Code.

(7) "Current final closure cost estimate" or "current closure cost estimate" means the most recent of the estimates prepared in accordance with rule 3745-27-15 , 3745-27-24 , 3745-27-53 , 3745-27-61 , 3745-27-63 , 3745-27-66 , or 3745-27-73 of the Administrative Code.

(8) "Current transporter cost estimate" means the most recent of the estimates prepared in accordance with rule 3745-27-15 , 3745-27-54 , or 3745-27-56 of the Administrative Code.

(9) "Current liabilities" means obligations whose liquidation is reasonably expected to require either the use of existing resources properly classifiable as current assets or the creation of other current liabilities.

(10) "Current post-closure care cost estimate" means the most recent of the estimates prepared in accordance with rule 3745-27-16 or 3745-27-73 of the Administrative Code.

(D)

(1) "Daily design input capacity" or "DDIC" means the weight of scrap tires that can be processed at a scrap tire recovery facility per day. The DDIC is expressed in tons and shall be calculated as an averaged daily processing amount for all operating days in a calendar month.

(2) "Developed spring" means any spring which has been permanently modified by the addition of pipes or a collection basin to facilitate the collection and use of the spring water.

(3) "Director" means the director of environmental protection or the director's authorized representative.

(E)

(1) "Execute" means to complete and sign a document acceptable to the director for the purpose of establishing a financial assurance instrument.

(2) "Existing unit" means any unit of a sanitary landfill facility that is receiving solid waste on or before June 1, 1994, and is a geographically contiguous area within the limits of waste placement of the sanitary landfill facility, as the limits of waste placement existed on June 1, 1994.

(F)

(1) "Final slope" means the slope of a landfill when it has reached final grade and includes but is not limited to the composite cap system, the waste, the composite liner system and the subsurface.

(2) "Fire break" means the area around individual scrap tire storage piles that is maintained free of combustible and vegetative material. The width of the fire break shall be as specified in the applicable rule of Chapter 3745-27 of the Administrative Code. The fire break may include well mowed grass if the fire break also includes a gravel or paved fire lane twenty feet wide.

(3) "Foundry sand" is defined in rule 3745-30-01 of the Administrative Code.

(G)

(1) "Ground water" means any water below the surface of the earth in a zone of saturation.

(H)

(1) "Hazardous waste" means waste that is listed specifically as hazardous waste or exhibits one or more characteristics of hazardous waste as defined in Chapter 3745-51 of the Administrative Code.

(2) "Health commissioner" means the individual occupying the office created by sections 3709.11 and 3709.14 of the Revised Code, or the health commissioner's authorized representative.

(3) "Health district" means a city or general health district as created by or under authority of Chapter 3709. of the Revised Code.

(4) "Household hazardous waste" means solid waste originally generated by individual households that is listed specifically as hazardous waste or exhibits one or more characteristics of hazardous waste as defined in rule 3745-51-03 of the Administrative Code. Household hazardous waste is excluded from regulation as a hazardous waste pursuant to paragraph (B)(1) of rule 3745-51-04 of the Administrative Code.

(I)

(1) "Incinerator" means any equipment, machine, device, article, contrivance, structure, or part of a structure used to burn solid or infectious wastes to ash.

(2) "Independently audited" refers to an audit performed by an independent certified public accountant in accordance with generally accepted accounting standards, or for a publicly-owned facility, an equivalent comprehensive audit performed by the auditor of the state of Ohio pursuant to Chapter 117. of the Revised Code.

(3) "Industrial solid waste" is defined in rule 3745-29-01 of the Administrative Code.

(4) "Industrial solid waste landfill facility" is defined in rule 3745-29-01 of the Administrative Code.

(5) "Infectious agent" means a type of microorganism, pathogen, virus, or proteinaceous infectious particle that can cause or significantly contribute to disease in or death of human beings.

(6) "Infectious wastes" means any wastes or combination of wastes that include cultures and stocks of infectious agents and associated biologicals, human blood and blood products, and substances that were or are likely to have been exposed to or contaminated with or are likely to transmit an infectious agent or zoonotic agent, including the following:

(a) Laboratory wastes ;

(b) Pathological wastes, including human and animal tissues, organs, body parts, and body fluids and excreta that are contaminated with or are likely to be contaminated with infectious agents or zoonotic agents;

(c) Animal blood and blood products;

(d) Animal carcasses and parts;

(e) Waste materials from the rooms of humans, or the enclosures of animals, that have been isolated because of diagnosed communicable disease that are likely to transmit infectious agents. Also included are waste materials from the rooms of patients who have been placed on blood and body fluid precautions under the universal precaution system established by the "Centers for Disease Control" in the public health service of the United States department of health and human services, if specific wastes generated under the universal precautions system have been identified as infectious wastes by rules referred to in paragraph (I)(6)

(g) of this rule ;

(f) Sharp wastes used in the treatment, diagnosis, or inoculation of human beings or animals . ;

(g) Any other waste materials generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production of testing of biologicals, that the public health council created in section 3701.33 of the Revised Code, by rules adopted in accordance with Chapter 119. of the Revised Code, identifies as infectious wastes after determining that the wastes present a substantial threat to human health when improperly managed because they are contaminated with, or are likely to be contaminated with, infectious agents. As used in this rule, "blood products" does not include patient care waste such as bandages or disposable gowns that are lightly soiled with blood or other body fluids unless those wastes are soiled to the extent that the generator of the wastes determines that they should be managed as infectious wastes.

(h) Any other waste materials the generator designates as infectious waste.

(7) "Infectious waste handling area" means any area where infectious wastes are stored, loaded, unloaded, prepared for treatment, or treated. Infectious waste handling areas also include areas where vehicles or containers are decontaminated, areas where transportation of infectious wastes within the facility premises occurs, and areas where treated infectious wastes are unloaded, stored, and loaded.

(8) "Infectious waste treatment unit" or "treatment unit" means the apparatus responsible for the attainment of the performance standard for treatment and for the reduction in microorganisms that is part of the treatment process. A free standing shredder or grinder is not considered a treatment unit.

[Comment: If the treatment process is contained within a single, enclosed piece of equipment, then the treatment unit and treatment process are considered one and the same.]

(9) "Interim slope" means the slope of a landfill as a result of daily filling or when a phase, cell or unit has reached its limits and includes but is not limited to daily cover, intermediate cover, transitional cover, waste, the composite liner system and the subsurface.

(10) "Internal slope" means the slope as excavated or constructed and includes but is not limited to the leachate collection layer, protective material, select waste, composite liner system and the subsurface.

(J) [Reserved.]

(K) [Reserved.]

(L)

(1) "Leachate" means liquid that has come in contact with or been released from solid waste.

(2) "Legitimate recycling facility" means an engineered facility or site where recycling of material other than scrap tires is the primary objective of the facility.

For the purposes of Chapters 3745-27 and 3745-37 of the Administrative Code, legitimate recycling facilities are either of the following:

(a) Facilities that accept only source separated recyclables, except scrap tires, or commingled recyclables which are currently recoverable utilizing existing technology.

(b) Facilities that meet all of the following:

(i) Accept mixed or source separated solid waste streams.

(ii) Recover for beneficial use not less than sixty per cent of the weight of solid wastes brought to the facility each month (as averaged monthly) for not less than eight months in each calendar year.

(iii) Dispose of not more than forty per cent of the total weight of solid wastes brought to the facility each month (as averaged monthly) for not less than eight months in each calendar year.

For purposes of Chapters 3745-27 and 3745-37 of the Administrative Code, legitimate recycling facility does not include any facility identified as a solid waste disposal facility as "solid waste" is defined in this rule, nor does it include any facility identified as a scrap tire collection, storage, monofill, monocell, or recovery facility or any premises at which the beneficial use of scrap tires occurs.

(3) "Liabilities" means probable future sacrifices of economic benefits arising from present obligations to transfer assets or provide services to other entities in the future as a result of past transactions or events.

(4) "Lime sludge" is defined in rule 3745-27-03 of the Administrative Code.

(5) "Limestone quarry" means an excavation resulting from a mining operation where limestone is the principal material excavated for commercial sale or use in another location. This term does not include excavations of limestone resulting from the construction of the sanitary landfill facility.

(6) "Limits of waste placement" means the horizontal and vertical boundaries of a sanitary landfill facility within which the owner or operator has been authorized to dispose of solid waste.

(7) "Lower explosive limit" means the lowest per cent by volume of a mixture of explosive gases in air that will propagate a flame at twenty-five degrees Celsius and atmospheric pressure.

(M)

(1) "Maximum horizontal acceleration in lithified earth material" means the maximum expected horizontal acceleration depicted on a seismic hazard map, with a ninety per cent or greater probability that the acceleration will not be exceeded in two hundred fifty years, or the maximum expected horizontal acceleration based on a site-specific seismic risk assessment.

(2) "Modification" is defined in rule 3745-27-02 of the Administrative Code.

(3) "Monocell" means a discrete volume for solid waste, which is provided isolation from other solid wastes, where a segregated waste stream is exclusively disposed within the limits of waste placement of a sanitary landfill facility.

(4) "Monofill" means a specialized sanitary landfill facility where a single segregated waste stream is exclusively disposed.

(5) "Municipal solid waste" is a type of solid waste generated from community, commercial, and agricultural operations, including, but not limited to, the following:

(a) Solid waste generated by community operations, i.e. wastes derived from households (including single and multiple household residences, hotels, motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas).

(b) Solid waste generated by commercial operations (including stores, offices, restaurants, warehouses, and other non-manufacturing activities).

(c) Solid waste generated from agricultural operations (including single-family and commercial farms, greenhouses, and nurseries).

(d) Sludge from municipal, commercial or industrial waste water treatment plants, water treatment plants, and air pollution control facilities that is co-disposed with wastes specified in paragraph (M)(6)(a), (M)(6)(b), (M)(6)(c) or (M)(6)(e) of this rule in a sanitary landfill facility.

(e) Fly ash and bottom ash generated from the incineration of municipal solid waste provided the fly ash and bottom ash are not regulated as hazardous wastes.

(N)

(1) "Net working capital" means current assets minus current liabilities.

(2) "Net worth" means total assets minus total liabilities and is equivalent to owner's equity.

(3) "New tire" means a tire that has never been installed on a vehicle or trailer, or any tire that is part of a new vehicle or trailer when the motor vehicle or trailer is manufactured or initially received in this state. New tire does not include any used or retreaded tire.

(4) "New unit" means any unit of a sanitary landfill facility that did not receive solid waste prior to June 1, 1994, and that has not been designated an existing unit by the owner or operator. A new unit may be contiguous or noncontiguous.

(5) "Nonputrescible solid wastes" is defined in rule 3745-27-12 of the Administrative Code.

(6) "Nuisance" means anything which is injurious to human health or offensive to the senses; interferes with the comfortable enjoyment of life or property; and affects a community, neighborhood, or any considerable number of persons (although the extent of annoyance or damage inflicted upon individual persons may be unequal).

(O)

(1) "Occupied structure" is defined in rule 3745-27-12 of the Administrative Code.

(2) "Open burning" means the burning of solid wastes in an open area or burning of solid wastes in a type of chamber or vessel that is not approved or authorized in rules adopted by the director under section 3734.02 of the Revised Code or, if the solid wastes consist of scrap tires, in rules adopted by the director under section 3734.73 of the Revised Code, or the burning of treated or untreated infectious wastes in an open area or vessel that is not approved in rules adopted by the director under section 3734.021 of the Revised Code.

(3) "Open dump" means a site where solid wastes or untreated infectious wastes have been disposed without a license.

(4) "Open dumping" means the following:

(a) The deposition of solid wastes, other than scrap tires, into waters of the state, and also means the final deposition of solid wastes on or into the ground at any place other than a solid waste facility operated in accordance with Chapter 3734. of the Revised Code, and Chapters 3745-27, 3745-29, 3745-30, and 3745-37 of the Administrative Code.

(b) The deposition of solid wastes that consist of scrap tires into waters of the state, and also means the final deposition of scrap tires on or into the ground at any place other than a scrap tire collection, storage, monofill, monocell, or recovery facility licensed under section 3734.81 of the Revised Code, or at a site or in a manner not specifically identified in division (C)(2), (C)(3), (C)(4), (C)(5), (C)(7), or (C)(10) of section 3734.85 of the Revised Code, or at any licensed solid waste facility if the deposition is not in accordance with Chapters 3745-27 and 3745-37 of the Administrative Code.

(c) The deposition of solid wastes that consist of scrap tires in buildings, trailers, or other vehicles at locations other than a scrap tire transporter's registered business location, a licensed scrap tire facility, or an unregistered scrap tire facility operating in accordance with rule 3745-27-61 of the Administrative Code (such as pre-positioned trailers in accordance with paragraph (C)(8) of rule 3745-27-56 of the Administrative Code) for longer than fourteen days. The scrap tires in trailers or vehicles shall be considered open dumped unless written prior notification is given to the local health department and Ohio EPA that the vehicle or trailer requires mechanical repairs which will take longer than fourteen days to complete and that the repairs are being completed in a timely manner.

(d) The deposition of untreated or treated infectious wastes into waters of the state, and also means the final deposition of untreated infectious wastes on or into the ground at any place other than a licensed solid waste facility operated in accordance with Chapter 3734. of the Revised Code, and Chapters 3745-27 and 3745-37 of the Administrative Code.

(5) "Operator" or "facility operator" means the person responsible for the on-site supervision of technical operations and maintenance of a solid or infectious waste facility, or any parts thereof, which may affect the performance of the facility and its potential environmental impact or any person who has authority to make discretionary decisions concerning the daily operations of the solid or infectious waste facility. "Operator" also means the person responsible for the supervision of technical operations of a scrap tire transportation business.

(6) "Original scrap tire generator" or "original owner" means the person or business who purchased a new, retread, or used tire for use on a wheel or rim. Original scrap tire generator or original owner does not include anyone who has accepted a tire other than a new or retreaded tire, for the purposes of transportation, collection, storage, processing, or disposal.

(7) "Owner" or "property owner" means the person who holds title to the property on which the solid waste facility, infectious waste treatment facility, or scrap tire transportation business is located.

(P)

(1) "Parent corporation" means a corporation, or the ultimate corporation, which directly owns at least fifty per cent of the voting stock of the corporation which holds a permit or license issued in accordance with section 3734.05 of the Revised Code and Chapter 3745-27, 3745-29, or 3745-30 of the Administrative Code; the latter corporation is deemed a "subsidiary" of the parent corporation.

(2) "Permittee" means a person to whom a permit to install has been issued.

(3) "Person" means the state, any political subdivision, public or private corporation, individual, partnership, or other entity.

(4) "Phase" means a discrete area of a sanitary landfill facility, which has been designated to facilitate the systematic construction, operation, and closure of the sanitary landfill facility. For a sanitary landfill facility, other than an industrial solid waste landfill facility or residual solid waste landfill facility, a phase is a discrete area that is part of a unit.

(5) "Portable solid waste container" or "portable container" is a container used for solid waste transfer that is not part of the permanent structure of a transport vehicle, can be removed from the transporting vehicle without compromising the container's or the transporting vehicle's structural integrity, and can be removed from the transporting vehicle without utilizing destructive measures. Portable containers include trailers used to store and transport solid wastes.

(6) "Premises" means one of the following:

(a) Geographically contiguous property owned by an entity.

(b) Noncontiguous property that is owned by an entity and connected by a right-of-way that the entity controls and to which the public does not have access. Two or more pieces of property that are geographically contiguous and divided by public or private right-of-way or rights-of-way are a single premises.

(7) "Processed tire" or "processed scrap tire" means a scrap tire that has been altered through a mechanical, chemical, thermal, or controlled combustion process so that the resulting material is a marketable product or is suitable for storage or disposal in a scrap tire monocell or monofill facility. For the purpose of disposal, processed tires shall be defined as a solid waste or a scrap tire based on the following:

(a) Processed tires that are readily identifiable as scrap tires or pieces of scrap tires by visual inspection shall be disposed of as scrap tires.

(b) Processed tires that are not readily identifiable as scrap tires or pieces of scrap tires by visual inspection when disposed may be disposed of as solid waste rather than scrap tires.

(c) Items manufactured from processed tires and scrap tire material which is a by-product of a manufacturing process when disposed may be disposed of as solid waste.

(d) "Processed tire" includes, but is not limited to, cut, split, and shredded tires. Baled tires are only considered "processed tires" for the purpose of disposal at a scrap tire monocell or monofill.

(8) "Public water supply well" means any well connected to a public water system as defined by division (A) of section 6109.01 of the Revised Code.

(9) "Public well field" means any system of wells which is connected to a public water system as defined by division (A) of section 6109.01 of the Revised Code.

(Q)

(1) "Qualified ground water scientist" means a scientist or engineer who has received a baccalaureate or post-graduate degree in the natural sciences or engineering and has at least five years relevant experience in ground water hydrology and related fields to enable that individual to make sound professional judgments regarding ground water monitoring, contaminant fate and transport, and corrective measures.

(R)

(1) "Recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting solid waste that would otherwise be disposed in a solid waste disposal facility and returning reconstituted materials to commerce as commodities for use or exchange.

(2) "Regional aquifer" means the aquifer used as a primary source of water to wells within one mile of the solid waste disposal facility.

(3) "Registrant" means any person to whom a registration certificate has been issued.

(4) "Regulatory floodplain" means an area covered by a one hundred year flood as depicted on a flood insurance rate map published by the federal emergency management agency.

(5) "Residual solid waste" or "residual waste" is defined in rule 3745-30-01 of the Administrative Code.

(6) "Residual waste landfill facility" or "residual waste landfill" is defined in rule 3745-30-01 of the Administrative Code.

(7) "Retention time" means the average time for gases to pass through a chamber. The residence time is equivalent to retention time.

(8) "Rough tire shreds" or "rough shredded scrap tires" means tire shreds or cut tire pieces that have any dimension greater than four inches.

(S)

(1) "Salvaging" means the extracting or removing of materials from the solid waste stream at the working face of a solid waste disposal facility for the intended purpose of recycling or for removal to a salvage facility regulated by Chapter 4737. of the Revised Code and rules promulgated thereunder.

(2) "Sand or gravel pit" means an excavation resulting from a mining operation where the removal of sand or gravel is undertaken for commercial sale or use in another location. This term does not include excavations of sand or gravel resulting from the construction of the sanitary landfill facility.

(3) "Sandstone quarry" means an excavation resulting from a mining operation where sandstone is the principal material excavated for commercial sale or use in another location. This term does not include excavations of sandstone resulting from the construction of a sanitary landfill facility.

(4) "Sanitary landfill facility" means an engineered facility where the final deposition of solid waste on or into the ground is practiced in accordance with Chapter 3745-27, 3745-29 or 3745-30, as appropriate, and 3745-37 of the Administrative Code, and includes the units within the limits of waste placement, all ground water monitoring and control system structures, buildings, explosive gas monitoring, control, and extraction system structures, surface water run-on and runoff control structures, sedimentation ponds, liner systems, and leachate management system structures. The sanitary landfill facility includes all portions of the facility described above and those areas within three hundred feet of the limits of waste placement unless an alternate setback is deemed acceptable by the director. If the owner or operator has not obtained approval of a permit to install, which delineates the setback from the limits of waste placement, submitted in accordance with section 3734.05 of the Revised Code, the sanitary landfill facility includes all portions of the facility described above and those areas within three hundred feet of the limits of waste placement unless the property line of the facility is less than three hundred feet from the limits of waste placement, in which case the sanitary landfill facility includes those areas within the property line.

(5) "Scavenging" means the removal by unauthorized personnel of materials from the solid waste stream at waste handling areas of a solid waste disposal facility or solid waste transfer facility.

(6) "Scrap tire" is a type of solid waste and means any unwanted or discarded tire, regardless of size, that has been removed from its original use. "Scrap tire" includes all whole scrap tires and pieces of scrap tires which are readily identifiable as parts of scrap tires by visual inspection.

For purposes of this definition, "unwanted" means the original scrap tire generator, original owner or manufacturer of the tire no longer wants to use, or is unable to use the tire for its original purpose, and "discarded" means the original scrap tire generator, original owner, or manufacturer of the tire has otherwise managed the tire in such a manner that disposal has occurred.

"Scrap tire" does not include the following:

(a) A tire after it has been retreaded or regrooved for resale or reuse, unless it has been declared defective or has been returned to the seller or manufacturer for warranty adjustment.

(b) A tire that is mounted and installed on a vehicle or trailer, or carried on the vehicle or trailer as the spare tire. Trucks with more than four wheels or with different size wheels or tires may carry more than one spare tire.

For purposes of this definition "installed" means placing the mounted wheel and tire assembly at any of the positions on a vehicle or trailer where a wheel and tire assembly was initially placed on the vehicle or trailer during manufacture and includes the position normally used for a spare tire or tires.

For purposes of this definition "mounted" means placing a tire on a wheel rim so that it can be installed on a vehicle. A mounted tire may be a scrap tire unless it is also installed.

(c) Tires from non-motorized vehicles such as bicycles, or tires from small equipment such as lawn mowers, wheelbarrows, etc.

[Comment: Tires from non-motorized vehicles may be recycled, disposed of as scrap tires, or may be disposed of as solid waste.]

(d) Only at a retreading business, a retreadable casing stored in an enclosed building or stored in a manner otherwise authorized or exempted by the director that the retreading business has inspected and individually labeled or marked the casing as suitable for retreading.

(e) Tire derived fuel (TDF) or tire derived chips (TDC) as defined in this rule after the TDF or TDC has been transported from the scrap tire recovery facility for use as a fuel or for an authorized beneficial use.

(f) Non-pneumatic, hard, pressed tires, such as forklift tires.

(7) "Scrap tire collection facility" means a type of facility for scrap tire storage that meets the following:

(a) The facility is used for the receipt and storage of whole scrap tires from the public prior to the transportation of the scrap tires to one of the destinations listed in rule 3745-27-65 of the Administrative Code.

(b) The facility exclusively stores scrap tires in portable containers.

(c) The aggregate storage of the portable containers in which the scrap tires are stored does not exceed five thousand cubic feet.

[Comment: If the facility does not meet the above definition for a scrap tire collection facility, then the facility may be a scrap tire storage facility. If the facility includes any equipment for processing (e.g. cutting or shredding equipment) the scrap tires to produce a usable product, then the facility is a scrap tire recovery facility.]

(8) "Scrap tire facility" is a generic term that includes but is not limited to the following: scrap tire collection facility, scrap tire storage facility, scrap tire recovery facility, scrap tire monofill facility, scrap tire monocell facility, and scrap tire submergence facility as those terms are defined in this rule.

(9) "Scrap tire generator" means any person or business that generates scrap tires. Scrap tire generator includes the original scrap tire generator, as defined in this rule, and any business which removes tires from vehicles and accepts scrap tires in the normal course of business such as tire retail dealers and tire retreaders.

[Comment: A scrap tire generator or original scrap tire generator who stores more than one hundred scrap tires and who does not qualify for one of the exclusions from registration in rule 3745-27-61 or permitting in rule 3745-27-63 of the Administrative Code may also be a scrap tire collection, storage, or recovery facility.]

(10) "Scrap tire handling area" means any area of a scrap tire collection, storage, monocell, monofill, or recovery facility where scrap tires are stored, loaded, unloaded, sorted, baled, shredded, prepared for processing, or otherwise processed. A scrap tire handling area includes the scrap tire storage area but does not include vehicle staging areas, vehicle storage areas, or buildings not used for the processing or storage of scrap tires. Scrap tire handling area also includes that portion of a scrap tire transporter's business location where scrap tires are unloaded, sorted, and loaded.

(11) "Scrap tire monocell facility" means a type of "monocell," as that term is defined in this rule, that is used or intended to be used exclusively for the environmentally sound storage or disposal of scrap tires that have been shredded, chipped, of otherwise mechanically processed.

(12) "Scrap tire monofill facility" means a type of "monofill," as that term is defined in this rule, that is used or intended to be used exclusively for the environmentally sound storage or disposal of scrap tires that have been shredded, chipped, or otherwise mechanically processed.

(13) "Scrap tire recovery facility" means any site, location, tract of land, installation, or building that is used or intended to be used for the processing of scrap tires for the purpose of extracting or producing usable products, materials, or energy from the scrap tires. Processing includes but is not limited to: a controlled combustion process, mechanical process, thermal process, or chemical process that uses whole, split, or shredded scrap tires as a raw material. Scrap tire recovery facility includes any facility that uses the controlled combustion of scrap tires in a manufacturing process to produce process heat or steam or any facility that produces usable heat or electric power through the controlled combustion of scrap tires in combination with another fuel.

(a) A "mobile scrap tire recovery facility" is a type of scrap tire recovery facility owned or operated by a person not otherwise licensed as a class I or class II scrap tire recovery facility in Ohio and means any unit for processing tires which is designed by the manufacturer for the regular movement from one operating site to another and which the owner or operator has used at more than one location during the prior year. "Mobile scrap tire recovery facility" specifically includes any tire cutting, baling, or shredding equipment that is moved from site to site for the purpose of processing scrap tires into a useable product at the site or before the scrap tires are removed from the site.

(b) A "class I scrap tire recovery facility" means a scrap tire recovery facility with a permitted daily design input capacity of two hundred tons of scrap tires per day or greater.

(c) A "class II scrap tire recovery facility" means a scrap tire recovery facility with a registered daily design input capacity of less than two hundred tons of scrap tires per day.

(14) "Scrap tire storage area" means that part of a premises including but not limited to a scrap tire collection, storage, or recovery facility where whole scrap tires are stored. At a scrap tire recovery facility the scrap tire storage area also means that part of the premises where processed scrap tires are stored.

(15) "Scrap tire storage facility" means any facility where whole scrap tires are stored prior to the scrap tires being transported to one of the destinations listed in paragraph (D)(8) of rule 3745-27-65 of the Administrative Code. A "class I scrap tire storage facility" means a scrap tire storage facility that has a permitted capacity of more than ten thousand square feet of effective scrap tire storage. A "class II scrap tire storage facility" means a scrap tire storage facility that has a registered capacity of not greater than ten thousand square feet of effective scrap tire storage.

[Comment: Division (C) of section 3734.71 of the Revised Code specifies that the owner or operator of a class I scrap tire storage facility must also be the owner or operator of a licensed scrap tire monocell, monofill, or recovery facility in Ohio, or a solid waste or scrap tire monocell, monofill, or recovery facility located in another state and operating in compliance with the laws of that state.]

(16) "Scrap tire storage pile" means an area where scrap tires are stored either indoors or outdoors on the floor, on the ground, or in racks. The dimensions of a scrap tire storage pile are determined by the location of fire breaks of at least the width specified in Chapter 3745-27 of the Administrative Code around the storage pile. A scrap tire storage pile may consist of one or more separate racks. A scrap tire storage pile may consist of a combination of racks and on the floor or on ground storage of scrap tires.

(17) "Scrap tire submergence facility" is a type of scrap tire monofill facility and means a facility where only whole scrap tires are submerged in water in an engineered structure.

(18) "Scrap tire transporter" or "transporter" means the registrant for the scrap tire transportation business or anyone in the registrant's employ who signs the scrap tire shipping papers or operates the registrant's scrap tire transportation vehicles.

(19) "Seismic impact zone" means an area where the maximum horizontal acceleration in lithified earth material exceeds 0.10 g.

(20) "Sewage sludge" is defined in rule 3745-27-03 of the Administrative Code.

(21) "Sharp objects" means any object that has the potential to puncture or lacerate, including but not limited to nails, sewing needles, straight pins, staples, metal screws, hard plastic, glass, broken ceramics, and infectious waste "sharps."

(22) "Significant zone of saturation" means a zone of saturation that may act as a preferential pathway of migration away from the limits of solid waste placement.

(23) "Solid waste" means such unwanted residual solid or semisolid material, including but not limited to garbage, scrap tires, combustible and noncombustible material, street dirt and debris, as results from industrial, commercial, agricultural, and community operations, excluding earth or material from construction, mining, or demolition operations, or other waste materials of the type that normally would be included in demolition debris, nontoxic fly ash and bottom ash, including at least ash that results from combustion of coal, biomass fuels, and ash that results from the combustion of coal in combination with scrap tires where scrap tires comprise not more than fifty per cent of heat input in any month, spent nontoxic foundry sand, and slag and other substances that are not harmful or inimical to public health, and includes but is not limited to garbage, scrap tires, combustible and noncombustible material, street dirt, and debris. Solid waste does not include any material that is an infectious waste or a hazardous waste.

(24) "Solid waste disposal facility" means any site, location, tract of land, installation, or building used for incineration, composting, sanitary landfilling, or other approved methods of disposal of solid wastes.

(25) "Solid waste energy recovery facility" means any site location, tract of land, installation, or building where mixed solid waste or select solid waste streams, including scrap tires, is used as or intends to be used as fuel to produce energy, heat, or steam.

[Comment: A "solid waste energy recovery facility", which exclusively uses scrap tires and other approved rubber waste as fuel, may be regulated as a "scrap tire recovery facility."]

(26) "Solid waste management district" means a county which has established a resolution, or joint counties which have entered into an agreement, for the purposes of preparing, adopting, submitting, and implementing a solid waste management plan for the county or joint counties and for the purposes of providing for, or causing to be provided for, the safe and sanitary management of solid wastes within all of the incorporated and unincorporated territory of the county or joint counties and in compliance with Chapters 343. and 3734. of the Revised Code.

(27) "Solid waste management policy committee" means a committee established and convened by the board of county commissioners of a county solid waste management district or the board of directors of a joint solid waste management district to prepare the solid waste management plan of the solid waste management district and in compliance with division (B) of section 3734.54 of the Revised Code.

(28) "Solid waste transfer facility" or "transfer facility" means any site, location, tract of land, installation, or building that is used or intended to be used primarily for the purpose of transferring solid wastes that are generated off the premises of the facility from vehicles or containers into other vehicles or containers for transportation to a solid waste disposal facility. The term does not include any facility that consists solely of portable containers that have an aggregate volume of fifty cubic yards or less nor any facility where legitimate recycling activities are conducted. The term does not include any facility that accepts scrap tires other than scrap tires which are accepted incidental to a mixed solid waste shipment.

(29) "Source-separated yard waste" means yard waste that has been separated at the point of generation or at the point of collection from other solid wastes. Source separation includes, but is not limited to, such measures as placing yard waste in portable containers and compartments of portable containers dedicated to yard waste collection, and in vehicles dedicated to yard waste collection.

(30) "Surface water" means any water on the surface of the earth.

(T)

(1) "Tangible net worth" means the tangible assets that remain after deducting liabilities; such assets would not include such intangibles as goodwill and rights to patents or royalties.

(2) "Tire" for purposes of fee collection only is defined in section 3734.90 of the Revised Code. "Tire" and "scrap tire" as used in Chapter 3745-27 of the Administrative Code and the definitions in this rule are not restricted to motor vehicle tires but includes all pneumatic tires.

[Comment: The definition of "tire" found in section 3734.90 of the Revised Code applies only to the collection of the state fee on the sale of new tires by a wholesaler.]

(3) "Tire adjustment center" means a premises to which defective new tires and tires returned for warranty adjustment are shipped for analysis of failure and final disposition.

(4) "Tire derived fuel" (TDF) or "tire derived chips" (TDC) means a uniformly shredded product obtained from whole tires where the maximum size of ninety-five per cent of the shreds are less than four inches in any dimension. TDC may be used as a civil engineering material or as feedstock for the manufacturing of crumb rubber or other tire derived material. TDC is defined using the ASTM "Standard Practice for Use of Scrap Tires in Civil Engineering Applications," (D6270-98) (www.astm.org), section 3.1.29, for x-minus classified, size reduced scrap tires.

(5) "Tire manufacturing finishing center" means premises where tires are manufactured, inspected, and processed to either finished stock or scrap.

(6) "Tire retreading business" means premises where scrap tires are recycled by processing the scrap tire and attaching a new tread to the used tire casing.

(7) "Tire sidewall" means the flat circular part of a tire left after the tread has been cut away. Tire sidewall does not include a bagel cut tire or any cut tire where a portion of the tread remains attached to the sidewall.

(8) "Treat" or "treatment" when used in connection with infectious wastes, means any method, technique, or process that renders the wastes noninfectious so that it is no longer an infectious waste and is no longer an infectious substance as defined in applicable federal law, including, without limitation, steam sterilization and incineration and, in the instance of wastes identified in division (R)(7) of section 3734.01 of the Revised Code, to substantially reduce or eliminate the potential for the wastes to cause lacerations or puncture wounds.

(U)

(1) "Unit" means a discrete area within the limits of waste placement of a sanitary landfill facility, for which the owner or operator is authorized to dispose of solid waste, that is delineated by the owner or operator for the purpose of complying with the siting, construction, operational, closure or post-closure care ground water monitoring, and financial assurance requirements of Chapter 3745-27 of the Administrative Code.

(2) "Unstable area" means a location that is susceptible to natural or human induced events or forces capable of impairing the integrity of some or all of the structural components of a landfill that are responsible for preventing releases from the landfill and can include areas where on-site or local soil conditions result in significant differential settling; areas where the downslope movement of soil or rock due to gravitational influence occurs; or areas where the lowering or collapse of the land surface occurs either locally or over broad regional areas.

(3) "Used tire" means a whole scrap tire. A used tire remains a scrap tire until it has been reused by being installed on a vehicle or trailer.

(V)

(1) "Vertical expansion" means the extension of the vertical boundary of waste placement that occurs prior to beginning, or being required to begin, closure activities in accordance with rule 3745-27-11 of the Administrative Code. A vertical expansion is a "modification" as that term is defined in rule 3745-27-02 of the Administrative Code. A vertical expansion is not a "unit."

(W)

(1) "Waste handling area" means any area of a solid waste facility where solid wastes are stored, loaded, unloaded, baled, shredded, crushed, compacted, or otherwise processed or subjected to salvaging activities. Waste handling areas do not include vehicle staging or vehicle storage areas.

[Comment: For definitions of other types of waste handling areas please see "infectious waste handling area" and "scrap tire handling area."]

(2) "Water pollution" means the unpermitted release of sediment from disturbed areas, solid waste or waste-derived constituents, or leachate to the waters of the state.

(3) "Waters of the state" means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, which are situated wholly or partly within, or border upon, this state or are within its jurisdiction, except those private waters which do not combine or effect a junction with natural surface or underground waters.

(4) "Wetland" means any area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

(5) "Working face" means that portion of a sanitary landfill facility where solid wastes are unloaded for final deposition.

(X) [Reserved.]

(Y)

(1) "Yard waste" means solid waste that includes only leaves, grass clippings, brush, garden waste, tree trunks, tree stumps, holiday trees, and prunings from trees or shrubs and vegetative waste resulting from the use of commercial products, including but not limited to discarded flowers, potted flowers, or grave blankets that do not include plastic, metal, styrofoam, or other non-biodegradable material. Yard waste does not include industrial agricultural processing or food processing.

(Z)

(1) "Zone of saturation" means that part of the earth's crust, excluding the capillary zone, in which all voids are filled with water.

(2) "Zoonotic agent" means a type of microorganism, pathogen, virus, or proteinaceous infectious particle that causes disease in vertebrate animals , is transmissible to human beings and can cause or significantly contribute to disease in or death of human beings.

Effective: 03/01/2013
R.C. 119.032 review dates: 11/29/2012 and 03/01/2018
Promulgated Under: 119.03
Statutory Authority: 3734.02 , 3734.021 , 3734.028 , 3734.12 , 3734.50 , 3734.70 , 3734.71 , 3734.72 , 3734.73 , 3734.74
Rule Amplifies: 3734.01 , 3734.02 , 3734.12 , 3734.50 , 3734.51 , 3734.70 , 3734.71 , 3734.72 , 3734.73 , 3734.74 , 3734.84 , 3734.86
Prior Effective Dates: 07/28/1976, 03/01/1990, 05/31/1991, 06/01/1994, 02/01/1995, 12/25/1998, 01/28/2002, 08/15/2003, 07/01/2004, 11/1/07

3745-27-02 Permit to install.

(A) Except as provided in paragraph (D) of this rule, no person shall establish or modify a solid waste facility or infectious waste treatment facility without obtaining a permit to install issued by the director.

[Comment: According to Chapter 3734. of the Revised Code and the rules promulgated thereunder, solid waste facilities requiring a permit include sanitary landfill facilities (including scrap tire monofills), transfer facilities, class I compost facilities, solid waste incinerators or solid waste recovery facilities, class I scrap tire storage facilities, and class I scrap tire recovery facilities.]

(B) For the purposes of this rule, "establish" or "establishment" of a sanitary landfill facility, infectious waste treatment facility, compost facility, scrap tire facility, or transfer facility means to construct or install any of the proposed facility components, and includes excavation that is related to the construction of a facility or any components thereof. "Establish" or "establishment" does not include clearing and grubbing.

(C) For the purposes of this rule, "modify" or "modification" means:

(1) A sanitary landfill facility undergoing:

(a) A change in the authorized maximum daily waste receipt established for the facility.

(b) A substantial horizontal or vertical increase in the limits of waste placement as that term is defined in rule 3745-27-01 of the Administrative Code, including but not limited to those modifications specified in division (A)(2)(d) of section 3734.05 of the Revised Code.

[Comment: A reduction to the limits of waste placement or total capacity by itself is generally not considered to be a modification, unless the reduction also results in other substantial changes to the facility such that paragraph (C)(1)(c) of this rule is applicable.]

(c) Any change which may endanger human health or the environment, including but not limited to a change to operation, technique of waste received, type of waste received, or design or construction of the facility, as determined by the director.

(2) A solid waste transfer facility undergoing:

(a) Any substantial expansion of the waste handling area.

(b) Any substantial change to the location of the waste handling area.

(3) An infectious waste treatment facility undergoing:

(a) A substantial change in waste handling at the facility, including, but not limited to:

(i) Type of waste received.

(ii) Any change in the facility's treatment technology or technologies.

(b) An increase in the treatment capacity of the facility. For the purposes of this rule, "treatment capacity" means the maximum amount of waste permitted by Ohio EPA to be charged into the treatment unit per hour, or the engineered throughput capacity per hour if no such permitted capacity is authorized.

(c) Any other substantial change which may endanger human health or the environment.

(4) A Class I composting facility undergoing:

(a) Any substantial expansion of the material placement area.

(b) Any substantial change to the location of the material placement area.

(c) Any change in type of waste received.

(5) A solid waste incinerator or solid waste energy recovery facility undergoing:

(a) Any substantial expansion of the waste handling area.

(b) Any substantial change to the location of the waste handling area.

(6) A Class I scrap tire storage facility or Class I scrap tire recovery facility undergoing:

(a) An increase in the designated daily design input capacity (DDIC) only when it requires an increase in the facility's annual license fee. Any decrease in a facility's DDIC would not be considered a modification.

(b) Changes requiring the issuance of new or additional special conditions to the permit.

(c) A change to store any whole or processed scrap tires outside of a building or in enclosed containers) if previously there were no scrap tires designated to be stored outside a building or in enclosed containers or if there were specific limitations on scrap tires stored outside of a building or in enclosed containers.

(d) Any substantial expansion to the scrap tire handling area or scrap tire storage area.

(D) Exceptions. The following are not required to obtain a permit to install:

(1) The solid waste facility is for sewage sludge treatment or disposal when the treatment or disposal is authorized by a current permit issued under Chapter 3704. or 6111. of the Revised Code.

(2) The municipal solid waste landfill is required to install an "interim composite liner system" pursuant to rule 3745-27-20 of the Administrative Code.

(3) The infectious waste treatment facility is owned or operated by the generator of the wastes and treats wastes that are generated at any premises owned or operated by the generator.

(4) The infectious waste treatment facility is owned or operated by a hospital, as defined in section 3727.01 of the Revised Code; and

(a) Treats sharp wastes that are generated by a generator who has staff privileges at that hospital and produces fewer than fifty pounds of infectious wastes in any one month; or

(b) Treats wastes that are generated in providing care to a patient by an emergency medical services organization, as defined in section 4765.01 of the Revised Code; or

(c) Treats wastes generated by an individual for purposes of the individual's own care or treatment.

(5) The infectious waste treatment facility holds a license to operate a crematory facility issued under Chapter 4717. and a permit issued under Chapter 3704. of the Revised Code.

(6) The infectious waste treatment facility treats or disposes of dead animals or parts thereof, or the blood of animals, and is subject to any of the following:

(a) Inspection under the "Federal Meat Inspection Act," 81 Stat. 584, 21 U.S.C. 603 ,(2007) .

(b) Chapter 918. of the Revised Code.

(c) Chapter 953. of the Revised Code.

(7) Any unit of a hazardous waste facility for which a hazardous waste facility installation and operation permit is required by Chapter 3734. of the Revised Code.

(8) Solid waste facilities that are holding a current registration pursuant to Chapter 3734. of the Revised Code and rules promulgated thereunder.

(E) Permit application.

(1) Each person proposing to establish or modify a solid waste facility or infectious waste treatment facility shall submit an application for a permit with accompanying detail plans and specifications to the director as he deems necessary in order to determine whether the criteria for approval have been met.

(2) Each application for a permit to install shall be accompanied by a nonrefundable application fee established in Chapters 3734. and 3745. of the Revised Code.

(3) Every applicant for a permit, other than for a permit modification, shall file a disclosure statement, on a form developed by the attorney general, with the director and the attorney general at the same time the applicant files an application for a permit with the director.

(4) The application for a permit to install shall be signed by either the owner or operator of the facility shall be one of the following:

(a) In the case of a corporation, a principal executive officer of at least the level of vice president, or his duly authorized representative, if such representative is responsible for the overall operation of the facility.

(b) In the case of a partnership, a general partner.

(c) In the case of a limited liability company, a manager, member, or other duly authorized representative of the limited liability company, if such representative is responsible for the overall operation of the facility.

(d) In the case of sole proprietorship, the owner.

(e) In the case of a municipal, state, federal, or other governmental facility, the principal executive officer, the ranking elected official, or other duly authorized employee.

(5) The signatures on the application for a permit to install shall constitute personal affirmation that all statements or assertions of fact made in the application are true and complete, comply fully with applicable state requirements, and shall subject the signatory to liability under those state laws forbidding false or misleading statements.

(6) The applicant for a municipal solid waste landfill, industrial solid waste landfill, residual waste landfill, or solid waste transfer facility, undergoing one or more of the following, shall also submit within thirty days of the public meeting on the application, as specified in division (A)(2)(d) of section 3734.05 of the Revised Code, a copy of the transcript of the public meeting on the application, copies of any exhibits, displays or other materials presented by the applicant at the meeting, and the original copy of any written comments submitted at the meeting.

(a) Establishing a new facility.

(b) Any increase of more than ten per cent in the total capacity of the existing facility.

(c) Any expansion of the limits of solid waste placement of the existing facility.

(d) Any increase in the depth of excavation at the existing facility.

(e) Any change in the technique of waste receipt or type of waste received at the existing facility that may endanger human health.

(F) A permit to install shall be issued, modified, revoked, or denied and may be appealed in accordance with provisions of the rules of procedure of Ohio EPA, Chapter 3745-47 of the Administrative Code and section 3734.09 of the Revised Code.

(G) Issuance of the permit.

(1) In deciding whether to grant or deny a permit to install, the director shall evaluate whether the construction, operation, closure, and if applicable, post closure care of the facility is capable of fulfilling all appropriate regulatory requirements for protecting surface water, ground water, and air by soliciting the input and coordinating the issuance of the permit to install with all relevant divisions of Ohio EPA, as specified in the appendix of this rule. The director may consult with other divisions or persons as the director deems appropriate.

(2) In deciding whether to grant or deny a permit to install, the director may take into consideration the social and economic impact of the air contaminants, water pollutants, or other adverse environmental impact that may be a consequence of issuance of the permit to install.

(H) Terms and conditions.

(1) The director may impose such special terms and conditions as are appropriate or necessary to ensure compliance with rules adopted under division (A) of section 3734.02 of the Revised Code and division (D) of section 3734.12 of the Revised Code.

(2) If the director determines that standards more stringent than those applicable in rules adopted under division (A) of section 3734.02 of the Revised Code and division (D) of section 3734.12 of the Revised Code, or standards pertaining to subjects not specifically addressed by those rules, are necessary to ensure that a solid waste facility constructed at the proposed location will not cause a nuisance, cause or contribute to water pollution, or endanger public health or safety, the director may issue a permit for the facility with such terms and conditions as the director finds necessary to protect public health and safety and the environment. If a permit is issued, the director shall state in the order issuing it the specific findings supporting each such term or condition.

(I) Termination.

(1) A permit to install for a new facility shall terminate three years after the effective date of the permit to install if the owner or operator has not undertaken a continuing program of installation or has not entered into a binding contractual obligation to undertake and complete within a reasonable time a continuing program of installation of the new facility.

(2) The owner or operator may request the establishment of a new termination date. Such request shall be submitted to the director and provide justification for the extension of time and an analysis demonstrating that the facility continues to meet the applicable siting criteria and design standards established in the current version of the rules.

(3) The director may establish a new termination date not to exceed twelve months of the current effective date if he determines that the owner or operator has adequately justified an extension of time and has demonstrated that the facility continues to meet the applicable siting criteria and design standards established in the current version of the rules.

(J) Administrative change to the permit. An administrative change to the permit is an amendment that does not result in a modification or alteration to the facility. A permit may be administratively changed for the following reasons:

(1) To update administrative information including but not limited to the telephone number, address, or name of the facility.

(2) To clarify or correct Ohio EPA typographical errors contained in the permit. Such changes must be made solely for the purpose of clarification or correction of typographical errors and do not constitute a modification or alteration of the facility.

(3) To establish a new termination date of the permit to install in accordance with paragraph (I)(3) of this rule.

(K) Revocation of the permit. The director may revoke a permit to install if one or a combination of the following occur:

(1) Any cause that would require disqualification pursuant to division (A), (B), (D), or (E) of section 3734.44 of the Revised Code from receiving a permit upon original application.

(2) Fraud, deceit, or misrepresentation in securing the permit or in the conduct of the permitted activity.

(3) Offering, conferring, or agreeing to confer any benefit to induce any other individual or business concern to violate the provisions of Chapter 3734. of the Revised Code, or any rule adopted thereunder, or of any other law relating to the transportation, transfer, treatment, storage, or disposal of solid wastes, infectious wastes, or hazardous wastes.

(4) Coercion of a customer by violence or economic reprisal or the threat thereof to utilize the services of any permit holder.

(5) Preventing, without authorization of the director, any individual or business concern from transferring or disposing of solid wastes or hazardous wastes at a permitted treatment, transfer, storage, or disposal facility other than a facility owned or operated by the permit holder, or preventing, without authorization of the director, any individual or business concern from treating infectious waste at a licensed infectious waste treatment facility other than a facility owned and operated by the permit holder.

(L) This rule shall not exempt any person from compliance with any other applicable law.

APPENDIX

See Appendix at

http://www.registerofohio.state.oh.us/pdfs/3745/0/27/3745-27-02_PH_FF_A_APP1_20080611_0832.pdf

Effective: 07/01/2008
R.C. 119.032 review dates: 11/01/2012
Promulgated Under: 119.03
Statutory Authority: 3734.02 , 3734.12 , 3734.021 , 3734.73
Rule Amplifies: 3734.02 , 3734.12 , 3734.05 , 3734.021 , 3734.73 , 3734.09 , 3734.44 , 3734.76 , 3734.77 , 3734.78
Prior Effective Dates: 10/17/2003, 11/01/2007

3745-27-03 Exemptions and variances.

(A) Chapters 3745-27, 3745-29, 3745-30 and 3745-37 of the Administrative Code shall not apply to the following activities and/or facilities:

(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, other than scrap tires, prior to collection for disposal or transfer. Such disposal or transfer shall be in accordance with Chapter 3734. of the Revised Code and rules adopted thereunder. For purposes of Chapters 3745-27 and 3745-37 of the Administrative Code, 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.

In addition, Chapters 3745-27 and 3745-37 of the Administrative Code shall not apply to the storage of one hundred or fewer scrap tires unless they are stored in such a manner that, in the judgment of the director or the board of health of the health district in which the scrap tires are stored, the storage causes a nuisance, a hazard to public health or safety, or a fire hazard.

(3) Vehicles used for hauling solid wastes other than scrap tires.

(4) 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.

(5) Incinerators or energy recovery facilities that incinerate wastes generated on one or more premises owned by the person who owns the incinerator or energy recovery facility. This does not include any such facility which treats infectious waste pursuant to chapter 3734. of the Ohio Revised Code.

(6) Legitimate recycling facilities, other than scrap tire recovery facilities and premises where scrap tires are beneficially used.

(a) The owner or operator of a legitimate recycling facility that also transfers solid waste seeking exemption under this rule or a legitimate recycling facility claiming exemption under this rule shall collect and maintain information sufficient to demonstrate the applicability of this exemption to their facility. The information shall:

(i) Include as at a minimum all the following:

(a) The total weight of wastes received per month.

(b) The total weight of materials recovered for beneficial use per month.

(c) The Weight and disposal location of unrecoverable materials;

(ii) Be available for inspection by the director, the health commissioner, or their authorized representative upon request. Copies of information required by this rule shall be submitted to the director, the health commissioner, and/or their authorized representatives by the facility operator upon request;

(iii) Be maintained on the facility premises for the current year and the preceding two calendar years or the total period the facility has been in existence, if less than two years.

(b) For the purposes of this rule, the exemption for facilities that do not maintain sixty percent recovery of the solid wastes received shall expire on the last day of the fifth month in any calendar year that the sixty percent recovered weight was not achieved. Upon expiration of this exemption, the owner or operator of the facility shall Do all of the following:

(i) Operate the facility in compliance with the requirements of rule 3745-27-23 of the Administrative Code

(ii) Within fifteen days of the expiration of this exemption, provide written notice to the director of his intent to Do one of the following:

(a) Submit, within one hundred twenty days of the expiration of this exemption, applications for a permit to install and a license to operate a solid waste transfer facility as required by section 3734.05 of the Revised Code, and pursuant to the requirements of Chapters 3745-27 and 3745-37 of the Administrative Code.

(b) Demonstrate to the satisfaction of the director the applicability of this exemption to their facility. For the six month period immediately following the expiration of this exemption, the owner or operator of the facility shall submit, by the fifteenth day of each month, the information for the preceding month required by paragraph (A)(6)(a) of this rule.

If, during this period, the facility is unable to recover for beneficial use not less than sixty percent of the solid wastes, By weight, brought into the facility for five months, the facility owner or operator shall, within one hundred twenty days of the last day of the second month that the sixty percent recovery rate was not achieved, submit applications for a permit to install and a license to operate a solid waste transfer facility as required by section 3734.05 of the Revised Code and pursuant to the requirements of Chapters 3745-27 and 3745-37 of the Administrative Code.

(7) Any "junk yard," or "scrap metal processing facility," licensed pursuant to chapter 4737. Of the Revised Code or motor vehicle salvage business licensed pursuant to chapter 4738. Of the Revised Code. This exemption shall not be construed to include sites where open dumping or open burning has occurred. This exemption does not apply to the management of scrap tires or other use, collection, storage, recovery, disposal, or beneficial use of scrap tires at a junk yard, or scrap metal processing facility, or motor vehicle salvage business.

(8) The following activities regulated by Ohio EPA as listed below:

(a) Pond and lagoon operations regulated under chapter6111. Of the Revised Code.

(b) Lime sludge and sewage sludge disposal, use, transportation or storage as approved under chapter 6111. of the Revised Code. Lime sludge is defined as a material resulting from the treatment of a water supply for drinking or industrial purposes. Sewage sludge is defined as a solid, semi-solid or liquid residue generated during the treatment of sewage in a treatment works as defined in section 6111.01 of the Revised Code. "Sewage sludge" includes, but is not limited to, scum and solids removed in primary, secondary or advanced wastewater treatment processes. "Sewage sludge" does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator, grit and screenings generated during preliminary treatment of sewage in a treatment works, animal manure, residue generated during treatment of animal manure, or domestic septage.

(c) Land application of the following solid wastes authorized under chapter 6111. of the Revised Code,

(i) Agricultural waste for incorporation into soil for the purposes of use as a soil amendment and agricultural or horticultural applications, provided that all of the following conditions are met:

(a) The agricultural waste is limited to source-separated non-processed plant materials, including stems, leaves, vines, roots, and raw vegetables, fruits and grains.

(b) The agricultural waste is land applied exclusively on fields owned by the owner of the agricultural production operation that generated the agricultural waste.

(c) The land application of the agricultural waste does not create a nuisance or health hazard in the judgement of the health commissioner or the director.

(ii) Pulp or paper sludge from waste water treatment works.

(iii) Sawdust.

(iv) Compost product blended with a solid waste.

(v) Lime or gypsum based waste such as flue gas desulfurization sludge, lime kiln, or cement kiln dust.

(d) Industrial processes subject to rule 3745-17-11 of the administrative code, and fuel-burning equipment subject to rule 3745-17-10 of the administrative code, that utilize biomass fuels or utilize tire derived fuel, as defined in rule 3745-27-01 of the administrative code, as a supplemental fuel.

For the purposes of this rule, biomass fuels are those fuels from any plant derived organic matter available on a renewable basis, including dedicated energy crops and trees, agricultural food and feed crops, agricultural crop wastes and residues, forestry residues and sawdust, aquatic plants, and refuse derived fuel consisting of waste paper, cardboard, wood waste and yard wastes, and animal wastes.

(9) Infectious wastes generated on the premises of a single-family residence not utilized for commercial purposes which generate or treat infectious wastes.

(10) Infectious wastes generated by individuals for purposes of their own care or treatment that are disposed of with solid wastes from the individual's residence.

(11) Facilities used for the transfer of solid wastes, other than scrap tires, that consist solely of portable containers and that have an aggregate volume of fifty cubic yards or less. The waste must not be placed on the ground or waste handling floor. These facilities are still subject to paragraph (a)(2) of this rule.

For the purposes of this rule, "aggregate volume" is the total volume of all portable containers at a facility designated for receiving solid wastes. The total volume of containers at a facility does not include the volume of an empty portable container being delivered to a facility by a transport vehicle, whose purpose includes removal of a full or partially full container of equal or greater volume, at the time of delivery of the empty container.

(12) Tree stumps, not otherwise exempted by this rule or Chapter 3734. of the Revised Code, which are disposed in a licensed construction and demolition debris disposal facility.

(13) Controlled substances handled in compliance with Chapters 4729. and 3719. of the Revised Code and/or materials that have been ordered destroyed by a court of law that are destroyed at facilities licensed for the treatment of infectious waste.

(14) Land application of yard waste for incorporation into soil for purposes including, but not limited to, use as a soil amendment, agricultural and horticultural applications, or land reclamation, is not subject to the requirements of rules 3745-27-40 to 3745-27-47 and chapters 3745-28 and 3745-37 of the administrative code provided that such land application does not create a nuisance or health hazard in the judgement of the health commissioner or the director.

(15) The required disposal of animals destroyed because of a dangerously infectious or contagious disease(s) in accordance with section 941.14 of the Ohio Revised Code.

(B) Exemptions, pursuant to division (G) of section 3734.02 of the Revised Code, the director may, by order, exempt any person generating, collecting, storing, treating, disposing of, or transporting solid wastes, including scrap tires, from any requirement of chapter 3734. of the Revised Code or any rules adopted thereunder if granting the exemption is unlikely to adversely affect the public health or safety or the environment.

For the purposes of this rule, an exemption is defined as a discretionary action of the director that relieves an applicant from a requirement of chapter 3734. of the Revised Code or any rule adopted thereunder.

(C) Variances.

(1) Any person may apply for a variance from any provision of chapter 3745-27 of the administrative code except for any rule adopted under division (m) of section 3734.02 or section 3734.021 of the Revised Code.

(2) Applications for variances shall identify the provision(s) of the regulations for which the variance is requested and shall contain information regarding the reason and justification for the variance, and any other pertinent data regarding the application as the director may require for the demonstration specified in paragraph (c)(5) of this rule.

(3) In accordance with division (s)(1) of section 3745.11 of the Revised Code, a non-refundable fee of fifteen dollars shall be paid at the time the application for variance is submitted. If the application for a variance is part of an application for a permit-to-install, the variance application fee shall be paid in addition to the permit-to-install application fee.

(4) The director shall issue, renew, or deny an application for a variance or renewal of a variance within six months of the date upon which the director receives a complete application with all pertinent information and data required, unless the application for a variance is part of an application for a permit-to-install. If an application for a variance is part of an application for a permit-to-install, the director shall issue, renew, or deny an application for a variance or renewal of a variance concurrent with a final or proposed action on the permit-to-install application.

(5) The director shall grant a variance only if the applicant demonstrates to the director's satisfaction that construction, operation, closure activities and/or post-closure activities of the solid waste facility in the manner approved by the variance and any terms or conditions imposed as part of the variance will not create a nuisance or a hazard to public health or safety or the environment and is unlikely to result in a violation of any other requirements of chapters 3704., 3714., 3734. and 6111. of the Revised Code and any rules adopted thereunder.

(6) In issuing any variance, the director shall comply with the applicable requirements of division (a) of section 3734.02 of the Revised Code.

For the purposes of this rule, a variance is defined as an action of the director that alters or changes a requirement of a rule adopted under chapter 3734. of the Revised Code.

R.C. 119.032 review dates: 04/23/2014 and 04/23/2019
Promulgated Under: 119.03
Statutory Authority: 3734.02 , 3734.12 , 3734.021
Rule Amplifies: 941.14 , 1513.02 , 3734.02 , 3734.021
Prior Effective Dates: 7/29/1976, 4/6/1990, 8/10/1991, 10/31/1993, 3/29/1996, 8/15/2003

3745-27-04 Regulation of select wastes.

(A) The owner or operator of a sanitary landfill facility which may be deemed a residual waste landfill facility in accordance with paragraph (C) of rule 3745-30-01 of the Administrative Code may obtain authorization from the director in accordance with paragraph (C) of rule 3745-30-02 of the Administrative Code to comply with Chapter 3745-30 of the Administrative Code in lieu of Chapter 3745-27 of the Administrative Code. Upon receiving authorization from the director in accordance with paragraph (C) of rule 3745-30-02 of the Administrative Code, the owner or operator shall comply with the requirements of Chapter 3745-30 of the Administrative Code, except that the owner or operator shall continue to comply with all applicable authorizing document(s), including a plan approval, operational report, or approved permit to install for the sanitary landfill facility, and the current operating license for the sanitary landfill facility until such time as the owner or operator obtains the necessary approvals to change these requirements.

(B) The owner or operator of a sanitary landfill facility which may be deemed an industrial solid waste landfill facility in accordance with paragraph (B) of rule 3745-29-01 of the Administrative Code may comply with Chapter 3745-29inlieu of Chapter 3745-27 of the Administrative Code if all of the following apply:

(1) The sanitary landfill facility may be defined as an "industrial solid waste landfill facility" as that term is defined in rule 3745-29-01 of the Administrative Code.

(2) The sanitary landfill facility has not been or cannot be deemed a residual waste landfill facility in accordance with paragraph (C) of rule 3745-30-02 of the Administrative Code.

(3) The director has received a complete notification in accordance with paragraph (C) of rule 3745-29-02 of the Administrative Code.

Upon receipt by the director of a complete notification and certification in accordance with paragraph (C) of rule 3745-29-02 of the Administrative Code, the owner or operator shall comply with the requirements of Chapter 3745-29 of the Administrative Code, except that the owner or operator shall continue to comply with all applicable authorizing document(s), including a plan approval, operational report, or approved permit to install for the sanitary landfill facility, and the current operating license for the sanitary landfill facility until such time as the owner or operator obtains the necessary approvals to change these requirements.

(C) A sanitary landfill which exclusively disposes of processed scrap tires in a monofill or monocell is subject to the requirements in rules 3745-27-60 to 3745-27-75 of the Administrative Code.

(D) A sanitary landfill facility which does not receive municipal solid waste on or after June 1, 1994 is not subject to any of the following requirements:

(1) Paragraphs (B) and (C)(15) of rule 3745-27-08 of the Administrative Code. In lieu of cap system requirements specified in paragraph (C)(15) of rule 3745-27-08 of the Administrative Code, the owner or operator shall comply with paragraph (C)(16) of rule 3745-27-08 of the Administrative Code.

(2) Paragraph (G) of rule 3745-27-11 of the Administrative Code, insofar as it requires compliance with the cap system requirements of paragraph (C)(15) of rule 3745-27-08 of the Administrative Code.

(3) Paragraph (C) of rule 3745-27-19 of the Administrative Code, insofar as it requires compliance with the interim composite liner/leachate collection system requirements of paragraph (B) of rule 3745-27-08 of the Administrative Code.

(4) Rule 3745-27-20 of the Administrative Code.

(E) For the purposes of Chapters 3745-27 and 3745-30 of the Administrative Code, the determination of whether spent foundry sand, fly ash, or bottom ash, excluding fly ash and bottom ash produced by a solid waste disposal facility or infectious waste treatment facility, is nontoxic shall be determined by the Ohio environmental protection agency.

R.C. 119.032 review dates: 12/21/2007 and 12/01/2012

Promulgated Under: 119.03

Statutory Authority: 3734.02

Rule Amplifies: 3734.02 , 3734.12 , 3734.72

Prior Effective Dates: 7/29/1976, 1/13/1992, 6/1/1994, 3/1/1996, 11/30/2002

3745-27-05 Applicability and relation to other laws.

(A) Disposal of solid waste under Chapter 3734, of the Revised Code shall only be by the following methods or combination thereof:

(1) Disposal at a sanitary landfill facility licensed in accordance with section 3734.05 of the Revised Code.

(2) Incinerating at an incinerator licensed in accordance with section 3734.05 of the Revised Code.

(3) Composting at a composting facility licensed or registered in accordance with section 3734.05 of the Revised Code.

(4) Alternative disposal methods either as engineered fill or land application, provided that the applicant has received prior authorization from the director that use as engineered fill or land application of the solid wastes will not create a nuisance or harm human health or the environment and is capable of complying with other applicable laws.

(a) Request for an alternative disposal method authorization shall provide the following information:

(i) Name and address of the applicant (person responsible for the disposal), the generator, and the land owner. The applicant shall certify that the application is true and complete.

(ii) Description of efforts at the original source of generation to prevent or reduce the generation of the waste, and efforts to recycle or reuse the waste in a manner other than disposal.

(iii) Characterization of the waste. The waste generator shall provide an analysis of the solid waste and a justification as to why the parameters were chosen. The generator shall certify that the analysis is true, accurate and representative of the solid waste.

(iv) Method of disposal (engineered fill or land application), and how the waste will be used or applied.

(v) Quantity of solid waste, rate of disposal and disposal timeframes.

(vi) Plan drawing of the proposed limits for solid waste disposal. The director may require narratives or plan drawings deemed necessary to characterize the waste disposal location and surrounding environs to evaluate nuisance creation, harm to human health or the environment, and capability of complying with other applicable laws.

(vii) Signed written consent from the generator(s) and land owner(s) to the use of the solid waste in the project and at the location.

(viii) Contingency plan for disposal of any solid waste brought to the property that is not acceptable or is otherwise not disposed of on the property.

(ix) Description of other projects, if known, where the waste has been used.

[Comment:] Forms are available from Ohio EPA for alternative disposal method authorization requests.

(b) Ohio EPA may require other such information deemed necessary to determine that the activity will be in compliance with all applicable laws and regulations administered by the director.

(c) Signatures required by paragraphs (A)(4)(a)(i), (A)(4)(a)(iii) and (A)(4)(a)(vii) shall be by the following:

(i) In the case of a corporation, by a principal executive officer of at least the level of vice president, or his duly authorized representative.

(ii) In the case of a partnership, by a general partner.

(iii) In the case of a sole proprietorship, by the owner.

(iv) In the case of a municipal, state, federal or other governmental entity, by the principal executive officer, the ranking elected official, or other duly authorized employee.

(B) Solid waste disposal by means of open burning, as defined in Chapter 3745-19 of the Administrative Code, regulations of Ohio EPA, is permitted only as provided therein.

(C) No person shall conduct, permit, or allow open dumping. In the event that open dumping is occurring or has occurred at a property, the person(s) responsible for the open dumping, the owner of the property, or the person(s) who allow or allowed open dumping to occur, shall promptly remove and dispose or otherwise manage the solid waste in accordance with Chapter 3734, of the Revised Code, and shall submit verification that the solid waste has been properly managed.

[Comment: Prompt removal and disposal of solid waste does not relieve any obligations under state or federal environmental statutes. This may include environmental clean-up of the site and/or remediation of ground water contamination resulting from the open dumping.]

(D) Relation to other laws. No provision of Chapters 3745-27, 3745-29, 3745-30, and 3745-37 of the Administrative Code shall exempt any person from compliance with any section of the Ohio Revised Code, or any regulation of any federal agency, or of any department of the state government, including the Ohio department of health and the Ohio department of natural resources.

R.C. 119.032 review dates: 04/23/2014 and 04/23/2019
Promulgated Under: 119.03
Statutory Authority: 3734.02
Rule Amplifies: 3734.02
Prior Effective Dates: 7/29/1976, 8/15/2003

3745-27-06 Sanitary landfill facility permit to install application.

(A) A permit to install application as required by section 3734.05 of the Revised Code shall be submitted, and approved by the director, before the establishment or modification of the sanitary landfill facility is begun. Compliance with this rule shall not exempt any person from compliance with any other permit, license, or other obligation for authorization.

(1) The permit to install application shall contain all the information required in paragraphs (B) and (C) of this rule, as specified below, so that the director can determine if the criteria set forth in rules 3745-27-02 and 3745-27-07 of the Administrative Code are satisfied. If Ohio EPA determines that information in addition to that required by paragraphs (B) and (C) of this rule is necessary to determine whether the criteria set forth in rules 3745-27-02 and 3745-27-07 of the Administrative Code are satisfied, the applicant shall supply such information as a precondition to further consideration of the permit to install application.

(a) The permit to install application for a new sanitary landfill facility, a new unit, or one that is submitted in response to division (A)(3), (A)(4) or (A)(5) of section 3734.05 of the Revised Code, shall contain all the information required in paragraphs (B) and (C) of this rule with the exception of paragraph (B)(5)(d) of this rule.

(b) The permit to install application to modify a sanitary landfill facility for a vertical expansion to the upper limits of solid waste placement shall contain the following information:

(i) All of the plan sheets specified in paragraphs (B)(1), (B)(2), (B)(3)(g), (B)(4), (B)(5) and (B)(6) of this rule.

(ii) The plan sheet showing the location of proposed explosive gas control system structures, if necessary, specified in paragraph (B)(3)(f) of this rule.

(iii) Detail drawings, as necessary, specified in paragraph (B)(7) of this rule.

(iv) All the reports specified in paragraphs (C)(1), (C)(2) and (C)(7) of this rule.

(v) The subsurface investigation report, as necessary to provide supporting information for the stability analysis, specified in paragraph (C)(3) of this rule.

(vi) Stability analysis for bearing capacity, static stability, seismic stability and settlement specified in paragraphs (C)(4)(b) to (C)(4)(f) of this rule.

(vii) Calculations, as necessary, specified in paragraph (C)(5) of this rule.

(viii) The quality assurance/quality control and final closure/post-closure care plans, specified in paragraphs (C)(9)(c) and (C)(9)(d) of this rule.

(ix) The letters and list of permits specified in paragraphs (C)(10)(a) and (C)(10)(b) of this rule.

(c) The permit to install application to modify a sanitary landfill facility for a vertical expansion to the lower limits of solid waste placement shall contain the following information:

(i) All of the plan sheets specified in paragraphs (B)(1) to (B)(6) of this rule.

(ii) Detail drawings, as necessary, specified in paragraph (B)(7) of this rule.

(iii) All of the reports specified in paragraphs (C)(1), (C)(2), (C)(3), and (C)(7) of this rule.

(iv) Stability analysis for hydrostatic uplift, bearing capacity, static stability, seismic stability and settlement specified in paragraphs (C)(4)(a) to (C)(4)(e) of this rule.

(v) Calculations, as necessary, specified in paragraph (C)(5) of this rule.

(vi) The explosive gas monitoring and quality assurance/quality control plans specified in paragraphs (C)(9)(b) and (C)(9)(c) of this rule.

(vii) The letters and list of permits specified in paragraphs (C)(10)(a) and (C)(10)(b) of this rule.

(d) The permit to install application to modify a sanitary landfill facility for a change to the information specified in paragraph (C)(8) of this rule shall discuss the change pursuant to paragraph (C)(8) of this rule in addition to the following:

(i) The summary specified in paragraph (C)(1) of this rule.

(ii) Any variance or exemption requests specified in paragraph (C)(2) of this rule.

(iii) If the change is to the authorized maximum daily waste receipt, the calculations showing gross volume and life specified in paragraph (C)(5)(a) of this rule.

(e) The permit to install application to modify a sanitary landfill facility, other than what is listed in paragraphs (A)(1)(b) to (A)(1)(d) of this rule, shall contain the information specified by paragraphs (B) and (C) of this rule that are affected by the change and shall incorporate any alterations that were previously approved for those components affected by the change.

(2) The permit to install application shall contain detail engineering plans, specifications, and information that shall follow the format specified in paragraphs (B) and (C) of this rule. Detail shall be sufficient to allow clear understanding for technical review of the permit application, to provide assurance that the facility is designed and will be operated in accordance with Chapters 3745-27 and 3745-37 of the Administrative Code.

(3) [Reserved.]

(4) For regulatory review purposes, the initial application and any subsequent revisions to the application, shall be submitted in duplicate to the director with a third copy sent to the board of health of the health district where the facility is or will be located. Any revisions to the application must be accompanied by an index listing the change and the page(s) where the change occurred. Upon written request from Ohio EPA, the applicant shall submit two additional and identically complete copies of the revised application to the director and a notarized statement that, to the best of the knowledge of the applicant, the detail engineering plans, specifications, and information in the permit application are true and accurate.

(5) Concurrent to submitting the permit to install application, the applicant shall also do the following:

(a) Submit a disclosure statement to the office of the attorney general as required in rules 109:6-1-01 to 109:6-1-04 of the Administrative Code.

(b) Submit to the division of Ohio EPA regulating air pollution control and water pollution control, written notification of intent to site a sanitary landfill facility and a written request for information pertaining to any regulatory requirements under Chapter 3704. or 6111. of the Revised Code.

(6) The permit to install application, notwithstanding any deficiencies, may be considered and acted upon if sufficient information is provided in the application for the director to determine whether the criteria set forth in rules 3745-27-02 and 3745-27-07 of the Administrative Code are satisfied.

(7) Upon issuance of the permit to install, the director will send one copy of the permit to install and approved permit application to the board of health where the facility is or will be located, will return one copy to the applicant, and will retain two copies in Ohio EPA's files.

(8) The permit to install shall remain in effect until the director has discontinued the post-closure care period of the sanitary landfill facility, unless the permit has been revoked or terminated in accordance with rule 3745-27-02 of the Administrative Code.

(B) Plan sheets. The following detail engineering plans, specifications, and information for all unit(s) of a sanitary landfill facility shall be shown by means of drawings and narrative descriptions where appropriate. Minimum dimensions of the plan drawings shall be twenty-four inches by thirty-six inches.

(1) The detail engineering plan cover sheet, to be numbered sheet 1, shall contain the following information:

(a) The name of the sanitary landfill facility.

(b) The precise geographic location and boundaries of the sanitary landfill facility and the area within a five-mile radius including all airport runways to be shown on a road map with a scale of one inch equals no greater than one mile.

(c) The name and address of the permit to install applicant for the sanitary landfill facility.

(d) The name and address of the owner(s) and operator(s) of the sanitary landfill facility, if different from the applicant.

(e) The name and address of the person who prepared the plans.

(f) Index of plan sheets.

(2) Plan drawings, showing the following items located within the facility boundary or within one thousand feet of the limits of solid waste placement or as otherwise specified in this paragraph, shall contain all information in paragraphs (B)(2)(a) to (B)(2)(c) of this rule. Those items specified in paragraphs (B)(2)(b) and (B)(2)(c) of this rule shall be illustrated on a series of plan drawings which shall be numbered consecutively: 2A, 2B, 2C, etc. All items specified in an individual subheading shall be shown on the same plan drawing, or a note shall be on the plan sheet stating the item does not exist within the specified distance from the limits of solid waste placement. An individual plan drawing may contain information specified in more than one individual subheading. A scale of one inch equals no greater than two hundred feet shall be used.

(a) All plan drawings required by paragraph (B)(2) of this rule shall include the following:

(i) The property lines of land owned or leased for the sanitary landfill facility as determined by a property survey conducted by a professional surveyor registered in Ohio.

(ii) The limits of solid waste placement.

(iii) All occupied structures.

(iv) Existing topography showing streams, lakes, springs, wetlands, and other surface waters, with a contour interval no greater than five feet.

(v) The north arrow.

(vi) The location of all survey marks.

(vii) The unit(s) of the sanitary landfill facility.

(viii) The facility boundary.

(b) The following based on publicly available information. For the purposes of this rule, "publicly available information" means written or published information from public or private sources that is reasonably available to the public, and includes but is not limited to visual surveys from public right-of-ways and public lands of the area surrounding the proposed sanitary landfill facility and/or written or oral surveys of the landowners around the proposed sanitary landfill facility.

[Comment: As long as the applicant can document that a reasonable attempt was made to obtain the information, the application will be considered complete even if information is lacking (e.g. the written or oral survey is not responded to).]

(i) All zoning classifications, property owners, and political subdivisions.

(ii) All man-made potential explosive gas migration pathways, including underground utilities (sewers, water lines, electric cables), field tiles, french drains, pipelines, and all other potential sources of explosive gas including oil wells and gas wells and other landfills.

(iii) The limits of all regulatory flood plains.

(iv) National park or recreation areas, candidate areas for potential inclusion into the national park system, and any state park or established state park purchase areas.

(v) State nature preserves, state wildlife areas, national and state scenic rivers, any national wildlife refuge, special interest areas, research natural areas in the Wayne national forest, outstanding national resource waters, and exceptional coldwater habitats, or exceptional warmwater habitats as defined in Chapter 3745-1 of the Administrative Code.

(vi) All public and private water supply wells within two thousand feet of the limits of solid waste placement (use a scale insert if necessary).

(vii) The limits of all wellhead protection areas or ground water source water assessment and protection areas that have been endorsed or delineated by Ohio EPA for a public water supply.

(viii) Faults that have had displacement in Holocene time.

(ix) All surface and underground mining of coal and noncoal minerals and the angle of draw within two thousand feet of the limits of solid waste placement (use a scale insert if necessary) and all oil and gas wells.

(x) The limits of all aquifers declared by the federal government under the Safe Drinking Water Act, 42 U.S.C 300f et. seq. (2003), to be a sole source aquifer.

(c) The limits of disturbance and the facility boundary. The limits of disturbance includes but is not limited to the limits of excavation, borrow areas, storage areas, staging areas, areas to be cleared and grubbed, and roadways.

(3) Plan drawings, showing the following items located within three hundred feet of the limits of solid waste placement, shall contain all information in paragraphs (B)(3)(a) to (B)(3)(h) of this rule. Those items specified in paragraphs (B)(3)(a) to (B)(3)(h) of this rule shall be illustrated on a series of plan drawings which shall be numbered consecutively: 3A, 3B, 3C, etc. All items specified in an individual subheading shall be shown on the same plan drawing (unless specified otherwise). An individual plan drawing may contain information specified in more than one individual subheading. A scale of one inch equals no greater than two hundred feet shall be used.

(a) All plan drawings required by paragraph (B)(3) of this rule shall include those items specified in paragraph (B)(2)(a) of this rule.

(b) The location of existing or proposed pipes and conduits, electric lines, french drains, roads, and railroads; and any easements bordering or within the proposed facility boundaries.

(c) The location of all subsurface investigation sites, which are any location where subsurface conditions are investigated by data collection and/or evaluation, including but not limited to borings, test pits, monitoring wells, piezometers, tensiometers, geophysical survey stations and soil gas survey stations; and all proposed ground-water monitoring wells.

(d) Potentiometric maps of the uppermost aquifer system and all significant zones of saturation above the uppermost aquifer system (more than one plan sheet may be used).

(e) The location of any permanent ground water control structures.

(f) The location of any existing or proposed explosive gas control system.

(g) A diagram showing the phases of the sanitary landfill facility.

(h) The land set aside for leachate treatment/pretreatment facilities as required in paragraphs (K)(5) and (K)(6) of rule 3745-27-19 of the Administrative Code.

(4) Plan drawings for the entire sanitary landfill facility showing the boundaries and elevations of the following items shall be on plan drawings numbered consecutively 4A, 4B, 4C, etc. The scale on these drawings shall be one inch equals no greater than two hundred feet and contour intervals shall be no greater than five feet for slopes less than or equal to twenty-five per cent and ten feet for slopes greater than twenty-five per cent.

(a) The horizontal and vertical limits of excavation proposed in the permit to install application, showing any areas where added geologic material necessary to comply with the isolation distance requirement in rule 3745-27-07 of the Administrative Code is to be placed.

(b) The horizontal limits and top and bottom elevations of the recompacted soil liner proposed in the permit to install application.

(c) The top elevation of the leachate collection layer, pipe inverts, and layout of the leachate collection and management system(s), including any leachate storage tanks, proposed in the permit to install application.

(d) The horizontal limits and top and bottom elevations of all existing waste and waste placement proposed in the permit to install application.

Limits and elevations of existing waste can be determined by surveys.

If a sanitary landfill facility was not required or does not have survey results, the owner or operator shall provide justification of the limits shown in the permit to install application. If the authorizing document(s) does not show limits of existing waste placement, then the elevation of final waste placement shall be deemed to be two feet below the final grade shown, unless alternative limits are satisfactorily demonstrated to Ohio EPA.

(e) If a separatory liner/leachate collection system is required, its horizontal limits and top and bottom elevations.

(f) The horizontal limits and top and bottom elevations of the composite cap system; surface water control structures including permanent ditches to control run-on and runoff; and sedimentation ponds including the inlet and outlet; and any permanent ground water control structures proposed in the permit to install application.

(g) Establish a grid system with northings and eastings not more than five hundred feet apart.

(5) Cross sections of the following shall be on plan drawings numbered consecutively 5A, 5B, 5C, etc. and shall clearly show the horizontal and vertical scale used:

(a) The hydrogeology at a sanitary landfill facility intercepted by borings or other subsurface investigation methods and showing the following:

(i) Existing topography.

(ii) The horizontal and vertical limits of excavation proposed in the permit to install application.

(iii) The horizontal limits and top and bottom elevations of any added geologic material.

(iv) The horizontal limits and bottom elevations of the recompacted soil liner.

(v) Geologic stratigraphy and significant zones of saturation corresponding to information from the subsurface investigation.

(vi) The uppermost aquifer system and all saturated stratigraphic units above the uppermost aquifer system.

(vii) All subsurface investigation logs, and monitoring well and piezometer construction diagrams, intercepted by the cross-section.

(viii) Any permanent ground water control structures.

(b) The perimeter of the property showing the natural potential explosive gas migration pathways.

(c) The length and width of the sanitary landfill facility dividing the facility into quarters (i.e. three cross-sections in each direction) showing the following: [Comment: Additional cross-sections may be submitted.]

(i) Existing topography.

(ii) The proposed horizontal and vertical limits of excavation.

(iii) The horizontal limits and top and bottom elevations of all existing waste and all proposed areas of waste placement.

(iv) The horizontal limits and top and bottom elevations of the proposed composite cap system.

(d) If the permit to install application is for a vertical expansion, show the following at an interval no greater than every three hundred feet of length and width of the vertical expansion:

(i) Limits of existing waste with the date of the survey.

(ii) Approved and proposed limits of waste placement.

(iii) Separatory liner/leachate collection systems.

(6) Plan drawings showing the systematic development of each phase of the unit(s) of the sanitary landfill facility. Each plan drawing numbered consecutively 6A, 6B, 6C, etc. shall show the phase, all previously operated phases, the grid system established in accordance with paragraph (B)(4)(g) of this rule, and all of the following:

(a) The location of any ground water monitoring wells, piezometers, explosive gas permanent monitors and punch bar stations and alarms, leachate collection and management structures, or surface water control structures to be installed prior to accepting waste in the depicted phase.

(b) The extent of waste placement for that phase.

(c) The contours of any previously filled phases.

(d) The limits of final cover, transitional cover, and intermediate cover on the previously filled phases.

(e) The contours of the bottom limits of solid waste placement for the depicted phase.

(f) The location of access roads for the depicted phase.

(g) The permanent and temporary measures to be utilized to control surface water run-on and runoff, erosion, and any temporary or permanent ground water control structures.

(7) The following detail drawings shall be on plan drawings numbered consecutively 7A, 7B, 7C, etc.:

(a) Recompacted soil liner, flexible membrane liner, and geosynthetic clay liner (if applicable), liner cushion layer, leachate collection layer, and filter layer including any engineered components that are constructed through the composite liner system, and the interface between phases.

(b) Composite cap system, including any engineered components that are constructed through the composite cap system, and surface water control structures.

(c) Relationship of the composite cap system to the leachate collection and management system and recompacted soil liner, flexible membrane liner, and geosynthetic clay liner (if applicable).

(d) All leachate collection and management system elements, including but not limited to the following:

(i) Leachate collection layer.

(ii) Collection pipes, including bedding media and boots.

(iii) Filter layer.

(iv) Sumps.

(v) Conveyance apparatus.

(vi) Storage tanks.

(e) Permanent ground water control structures, if any.

(f) Ground water monitoring well and piezometer construction.

(g) Explosive gas control system elements.

(h) Separatory liner/leachate collection systems, if applicable.

(i) Sedimentation pond and discharge structures and surface water run-on and runoff control structures.

(j) Other necessary details, including but not limited to, structural fill for berms and subbase, gas collection layer, interim composite liner/leachate collection system, and transitional cover.

(C) Reports. The following information shall be presented in narrative form in a report with a table of contents and divided and labeled according to paragraphs (C)(1) to (C)(10) of this rule.

(1) Summary. Summary of the facility environs and a demonstration that the sanitary landfill facility will meet the criteria for permit approval by the director specified in rules 3745-27-02 and 3745-27-07 of the Administrative Code. The demonstration shall include a discussion of the facility's compliance with any applicable authorizing document(s), the facility's limits of waste placement, the location restriction demonstrations, and operational criteria.

[Comment: The discussion of the facility's, owner's, or operator's compliance status should compare the limits of waste placement specified in the facility's authorizing document(s) with the information on existing waste required by paragraphs (B)(4) and (B)(5) of this rule. The discussion should also include the facility's, owner's, or operator's compliance with the location restriction demonstrations required by rule 3745-27-20 of the Administrative Code and the operational requirements in rule 3745-27-19 of the Administrative Code.]

(2) Variance and exemption requests. Any variance or exemption requests from the requirements in rule 3745-27-07 , 3745-27-08 , 3745-27-09 , 3745-27-10 , 3745-27-11 , 3745-27-12 , 3745-27-14 , 3745-27-15 , 3745-27-16 , 3745-27-19 , or 3745-27-20 of the Administrative Code.

(3) Site investigation. A hydrogeologic and geotechnical site investigation report(s), which shall at a minimum include the following:

(a) Sufficient information to allow the director to determine the suitability of the site for solid waste disposal through the following:

(i) Identification and characterization of the hydrogeology of the uppermost aquifer system and all stratigraphic units that exist above the uppermost aquifer system.

(ii) Characterization of the site geology and hydrogeology to allow for the evaluation of the proposed design of the sanitary landfill facility and to ensure that it will be in compliance with the requirements of rule 3745-27-07 and rule 3745-27-10 of the Administrative Code.

[Comment: The narrative portion of the hydrogeologic and geotechnical report focuses on the siting and ground water monitoring issues. The subsurface investigation portion of the report also addresses stability and design issues.]

(b) A description, based on publicly available information, of the regional geology and hydrogeology within one mile of the proposed sanitary landfill facility. This shall include, but is not limited to, the following:

[Comment: Publicly available information regarding unstable areas is 3745-27-06 13 placed in a separate section located in the stability analysis in paragraph (C)(4) of this rule.]

(i) The identification and average yield of the regional aquifer system(s).

(ii) The direction of ground water flow in the regional aquifer system(s).

(iii) The identification of recharge and discharge areas of the regional aquifer system(s).

(iv) Regional stratigraphy, including any regional stratigraphic or structural features, such as the bedrock surface, bedrock dip, or joint systems, that may influence the ground water flow system.

(v) A description of the regional geomorphology, including the location of surface water bodies, flood plains, etc. and a description of any topographic features that may influence the ground water flow system.

(c) The following documents:

(i) If any surface or underground mines were identified in accordance with paragraph (B)(2)(b)(ix) of this rule, a letter from the Ohio department of natural resources, division of mineral resources management or other appropriate agency verifying type, mining method, location, depth, and status.

(ii) Documentation of who owns the mineral rights below the sanitary landfill facility.

(iii) If any oil or gas wells were identified in accordance with paragraph (B)(2)(b)(ix) of this rule, a letter from the Ohio department of natural resources or other appropriate agency verifying type, location, depth and status.

(iv) A letter from the army corps of engineers agreeing with the wetland delineation, as depicted on the plan drawing with the information required by paragraph (B)(2)(a)(iv) of this rule, including if appropriate, that no wetlands are present, and if any wetlands are isolated.

(d) A detailed description and analysis of the geology and hydrogeology under the proposed sanitary landfill facility. This description shall be based on data collected using appropriate subsurface investigatory methods such as borings, piezometers, monitoring wells, tensiometers, geophysical surveys, soil gas surveys, dutch cone penetrometers, and test pits. The description and analysis shall include, but is not limited to, the following:

[Comment: This information may also be used in the stability analysis required by paragraph (C)(4) of this rule.]

(i) The consolidated and unconsolidated stratigraphic units from the ground surface down to the base of the uppermost aquifer system including the following:

(a) Characteristics, composition and features including the following:

(i) For unconsolidated stratigraphic units, the textural classification using the Unified Soil Classification System - (USCS), as described in ASTM D2487-00.

(ii) For consolidated stratigraphic units, the rock type(s) such as limestone, dolomite, coal, shale, siltstone, sandstone.

(iii) Color; moisture content; stratigraphic features such as layering, interbedding, or weathering; fracturing, jointing, and other types of secondary porosity; and any visible accessory minerals such as pyrite, calcite or gypsum.

(iv) Hydraulic conductivity.

(b) Thickness.

(c) Lateral extent.

(d) Depth and elevation.

(e) Variations in texture, saturation, stratigraphy, structure, or mineralogy exhibited by each stratigraphic unit that could influence the ground water flow or quality in the uppermost aquifer system or any overlying zones of saturation.

(ii) The local geomorphology at the proposed sanitary landfill facility including surface water bodies or topographic features that may influence the ground water flow in the uppermost aquifer system or any overlying significant zones of saturation.

(iii) Any local structural geology features under the proposed sanitary landfill facility that may influence the ground water flow in the uppermost aquifer system or any overlying significant zones of saturation.

(iv) The uppermost aquifer system and all significant zones of saturation above the uppermost aquifer system. This description shall include the depth to, and lateral and vertical extent of, the uppermost aquifer system and all significant zones of saturation above the uppermost aquifer system. This description and analysis shall include but not be limited to the following:

(a) Temporal fluctuations in ground water levels over a period of time to determine the seasonal effects on ground water flow directions.

[Comment: Temporal fluctuations will also be used for determining the temporal high phreatic and piezometric surfaces, required to address stability issues.]

(b) An interpretation of the ground water flow system, including hydraulic conductivity, rate of flow, direction of flow, vertical and lateral components of flow, and interconnections between and within the uppermost aquifer system and any significant zones of saturation above the uppermost aquifer system. This interpretation shall be described in both narrative and map form.

(c) Identification and characterization of recharge and discharge areas within the boundaries of the proposed sanitary landfill facility. This shall include any relationships of ground water with seeps, springs, streams, and other surface water features.

(d) Yield of any significant zones of saturation and of the uppermost aquifer system(s).

(v) If the applicant chooses, site specific justification that an unconsolidated aquifer system capable of sustaining a yield of one hundred gallons per minute for a twenty-four-hour period (based on evidence gathered in accordance with paragraph (C)(3)(b) of this rule), is not located beneath the facility.

(e) A description and quantification of the ground water quality of the uppermost aquifer system and all significant zones of saturation above the uppermost aquifer system. The description and quantification of ground water quality shall describe and quantify the rate, extent, and concentration of any ground water contamination located under the facility.

(f) Subsurface investigation information. The following information will be used to prepare the site investigation report narrative required in paragraphs (C)(3)(b), (C)(3)(d) and (C)(3)(e) of this rule and the stability analyses required in paragraph (C)(4) of this rule. All submitted information shall be adequate to satisfy the performance standards of paragraphs (C)(3)(a) and (C)(4) of this rule. At a minimum the information shall include the following:

[Comment: The narrative portion of the hydrogeologic and geotechnical report focuses on the siting and ground water monitoring issues. The subsurface investigation portion of the report also addresses stability and design issues.]

(i) Publicly available information collected and used to prepare the site investigation report narrative required in paragraph (C)(3)(b) of this rule and the plan sheets required in paragraph (B)(2) of this rule. For the purposes of this rule, "publicly available information" means written or published information from public or private sources that is reasonably available to the public, and includes but is not limited to visual surveys from public right-of-ways and public lands of the area surrounding the proposed sanitary landfill facility and/or written or oral surveys of the landowners around the proposed sanitary landfill facility. At a minimum, the publicly available information includes the following:

[Comment: As long as the applicant can document that a reasonable attempt was made to obtain the information, the application will be considered complete even if information is lacking (e.g. the written or oral survey is not responded to).]

(a) All well logs, and, where applicable, the decommissioning records, for public and private water supply wells within one mile of the proposed sanitary landfill facility.

(b) The Ohio department of natural resources division of water county ground water resource maps or other appropriate regional hydrogeological data.

(c) Other publicly available information.

(ii) Information collected at the site for each stratigraphic unit from the surface to the bottom of the uppermost aquifer system or to one hundred and fifty feet below the proposed composite liner system, whichever is shallower. The information will be used to prepare the site investigation report narrative required in paragraph (C)(3)(d) of this rule. This information shall be presented on logs appropriate for the subsurface investigatory method used. At a minimum the information shall include the following:

[Comment: The subsurface investigation conducted to provide the information required by this paragraph may be combined with the subsurface investigation conducted to provide the information required by paragraph (C)(3)(f)(v) of this rule.]

(a) Location of the subsurface investigation site (northing and easting location coordinates).

(b) Surface elevation surveyed to the nearest tenth of a foot.

(c) Depth interval for each stratigraphic unit.

(d) Field descriptions of the consolidated and unconsolidated units. At a minimum the information shall include the following:

(i) Textural classification for each unconsolidated stratigraphic unit using the Unified Soil Classification System (USCS), described in ASTM D2487-00.

(ii) Color.

(iii) Moisture content.

(iv) Statigraphic features such as layering, interbedding, or weathering.

(v) Structural features such as fracturing or jointing.

(vi) Visible accessory minerals such as pyrite, calcite or gypsum.

(vii) Rock type such as limestone, dolomite, coal, shale, siltstone or sandstone.

(viii) Thickness.

(ix) Variations in texture, saturation, stratigraphy, structure or mineralogy in each stratigraphic unit.

(e) Depth to saturation.

(f) Hydraulic conductivity, including the following:

(i) For saturated unconsolidated stratigraphic units, at least one field measurement of hydraulic conductivity per saturated unconsolidated unit and one additional measurement per saturated unconsolidated unit for each twenty acres.

(ii) For unconsolidated stratigraphic units, from which an undisturbed sample can be collected, at least one laboratory measurement of vertical hydraulic conductivity per unconsolidated unit and one additional measurement per unconsolidated unit for each twenty acres.

(iii) For saturated consolidated stratigraphic units, at least one field measurement of hydraulic conductivity per saturated consolidated unit and one additional measurement per saturated consolidated unit for each twenty acres.

[Comment: Most field methods for measuring hydraulic conductivity primarily evaluate lateral hydraulic conductivity, but also account for at least some effects of vertical hydraulic conductivity over the tested interval. In cases where laboratory measurements of vertical hydraulic conductivity are obtained for unconsolidated saturated units which are wholly or partially saturated, the vertical hydraulic conductivity should be compared to the field hydraulic conductivity to help evaluate the extent to which near-vertical fractures may be contributing to ground water flow through the unit. Hydraulic conductivity data should be interpreted with respect to the primary and secondary porosity features that are observed or are reasonably expected to occur in the investigated units, as well as the stratigraphic and structural features of the investigated units.]

(g) Yield of any significant zones of saturation and of the uppermost aquifer.

(h) If an unconsolidated aquifer system capable of sustaining a yield of one hundred gallons per minute for a twenty-four-hour period is suspected beneath the facility based on evidence gathered in accordance with paragraph (C)(4)(b) of this rule, and the applicant proposes to revise that finding, the applicant must provide adequate site-specific information on the suspected aquifer system to justify any requested revision, including but not limited to the yield of any aquifer systems below the uppermost aquifer system.

(iii) Construction diagrams of all monitoring wells and piezometers. At a minimum the diagrams shall include the following:

(a) The top-of-casing elevation used for water level measurement reference surveyed to the nearest hundredth foot.

(b) The boring diameter and the inside diameter of the well casing.

(c) The total depth of the boring and the total depth of the well.

(d) The screened interval depth and elevation, and the screen slot size.

(e) A description of all construction materials and depth intervals for all construction materials.

(iv) Data gathered by sampling and analyzing the ground water from the uppermost aquifer system and all significant zones of saturation above the uppermost aquifer system. These samples shall, at a minimum, be analyzed for compounds 1 to 78 listed in appendix I of rule 3745-27-10 of the Administrative Code.

(v) Information collected at the site and used to prepare the stability analysis required in paragraph (C)(4) of this rule. This information shall be presented on logs appropriate for the subsurface investigatory method used. The subsurface investigatory method(s) and frequency must be adequate to find the unconsolidated stratigraphic units susceptible to bearing capacity failure, static stability failure, seismic stability failure, or settlement, at the site. The information shall be collected for each unconsolidated stratigraphic unit under the facility down to fifty feet below the proposed depths of excavation. At a minimum the information shall include the following:

[Comment: Ohio EPA recommends a frequency of one subsurface investigatory site for every four acres on a more or less uniform grid across the site. However, for sites which are located in areas where landslides or mass movements of unconsolidated material have occurred, or are underlain by complex geology with multiple unconsolidated stratigraphic units, more borings may be necessary pursuant to paragraph (A)(1) of this rule. Sites which are located in areas with a consistent stratigraphy, which is supported by comprehensive and reliable information from previous studies, may use a lower frequency of borings. Ohio EPA recommends against boring through cap, existing waste, or liner to obtain this information. Other methods or increased borings around the landfill footprint should be used.]

[Comment: Given the objective of finding thin unconsolidated stratigraphic units susceptible to bearing capacity failure, static stability failure, seismic stability failure, or settlement, the unconsolidated stratigraphic units should be logged continuously, and the subsurface investigation may also need to go deeper if publicly available data gathered pursuant to paragraph (C)(4)(g) of this rule or if field data gathered pursuant to paragraph (C)(3)(d)(i) of this rule indicate that deeper susceptible units exist.]

[Comment: The subsurface investigation conducted to provide the information required by this paragraph may be combined with the subsurface investigation conducted to provide the information required by paragraph (C)(3)(f)(ii) of this rule.]

(a) Northing and easting location coordinates.

(b) Surface elevation surveyed to the nearest tenth of a foot.

(c) Depth interval for each stratigraphic unit.

(d) Field descriptions of the unconsolidated units. At a minimum the information shall include the following:

(i) Textural classification for each unconsolidated stratigraphic unit using the Unified Soil Classification System (USCS), described in ASTM D2487-00.

(ii) Color.

(iii) Moisture content.

(iv) Stratigraphic features such as layering, interbedding, or weathering.

(v) For fine-grained unconsolidated units (e.g. silts and clays), field descriptions of consistency and plasticity or dilatancy.

(vi) Thickness.

(vii) Variations in texture, saturation, stratigraphy, structure or mineralogy in each stratigraphic unit.

(e) Identification of the depth interval of any samples collected including those submitted for laboratory testing.

(f) Depth to phreatic and piezometric surfaces.

[Comment: "Phreatic surface" is synonymous with the term "water table" and "piezometric surface" is synonymous with the term "potentiometric surface." Hydrogeologic investigations generally use "water table" for a water level surface in an unconfined saturated unit and "potentiometric surface" for the pressure head surface associated with a confined saturated unit. In hydrogeologic applications, the "water table" is considered a special type of potentiometric surface where the head pressure is equal to atmospheric pressure.]

[Comment: Any piezometric surfaces associated with bedrock that may affect the facility during excavation or construction may also be identified.]

(g) Results from penetration testing following ASTM D1586-99, plus the corrected and normalized standard penetration number, or results from mechanical cone penetration testing following ASTM D3441-98.

(h) If appendix I of rule 3745-27-08 of the Administrative Code will be used, the vertical hydraulic conductivity of each unsaturated stratigraphic unit.

(vi) Laboratory analysis on representative samples of all the unconsolidated stratigraphic units under the facility down to a minimum of fifty feet below the proposed depths of excavation. The information is used to prepare the stability analysis required in paragraph (C)(4) of this rule. At a minimum the information shall include the following:

[Comment: Undisturbed samples from at least ten per cent of the borings passing through each susceptible unit, or a minimum of three, whichever is greater, should be collected to provide representative data.]

(a) Grain size distribution (sieve and hydrometer curves).

(b) Atterberg limits.

(c) Specific gravity.

(d) In situ unit weight.

(e) In situ moisture content.

(f) Dry unit weight.

(g) For unconsolidated stratigraphic units susceptible to bearing capacity failure, the effective drained or undrained peak shear strength parameters as appropriate using direct shear (ASTM D3080-03), unconsolidated undrained compression (ASTM D2850-03a), or consolidated undrained triaxial compression (ASTM D6467-99).

(h) For unconsolidated stratigraphic units susceptible to static stability failure or seismic stability failure, the effective shear strength using ASTM D3080-03 (direct shear test) or ASTM D4767-02 (consolidated undrained triaxial compression test), or ASTM D6467-99 (torsional ring shear test).

(i) For unconsolidated stratigraphic units susceptible to static stability failure or seismic stability failure due to excessive increase in pore pressures from construction and operation activities, the undrained shear strength using fully saturated samples shall be determined using ASTM D2850-03a (unconsolidated-undrained triaxial compression).

(j) For unconsolidated stratigraphic units susceptible to settlement, the following parameters:

(i) The coefficient of consolidation.

(ii) The over consolidation ratio.

(iii) The pre-consolidation pressure.

(iv) The compression index.

(v) The swelling index.

(vi) The in situ void ratio.

(vii) The effective porosity.

(vii) Any other data generated.

(g) A detailed description of how the subsurface investigation was conducted including the following:

(i) The subsurface investigatory and sampling methods used in characterizing the geologic and hydrogeologic properties of the consolidated and unconsolidated stratigraphic units at the proposed sanitary landfill facility and an explanation of why the particular subsurface investigatory method(s) was chosen.

(ii) The analytical procedures and methodology used to characterize the unconsolidated and consolidated materials obtained from test pits and borings.

(iii) The methodology, equipment, and procedures used to define the uppermost aquifer system and all significant zones of saturation above the uppermost aquifer system, including the following:

(a) Well and piezometer construction specifications.

(b) Water level measurement procedures.

(iv) The methodology, equipment, and procedures used to determine the ground water quality in the uppermost aquifer system and any significant zones of saturation above the uppermost aquifer system, including the following:

(a) Detection of immiscible layers.

(b) Collection of ground water samples, including the following:

(i) Well evacuation.

(ii) Sample withdrawal.

(iii) Sample containers and handling.

(iv) Sample preservation.

(c) Performance of field analysis, including the following:

(i) Procedures and forms for recording data and the exact location, time, and facility-specific considerations associated with the data acquisition.

(ii) Calibration of field devices.

(d) Decontamination of equipment.

(e) Analysis of ground water samples.

(f) Chain of custody control, including the following: (i) Standardized field tracking reporting forms to record sample custody in the field prior to and during shipment.

(ii) Sample labels indicating a unique sample number, date, time, sample media, sample type, analytical methods, any preservatives, and any other information necessary for effective sample tracking.

(g) Field and laboratory quality assurance and quality control including the following, the number of which shall be enough to adequately demonstrate the accuracy of the analysis results:

(i) Collection of duplicate samples.

(ii) Submission of field-bias blanks.

(iii) Potential interferences.

(4) Stability analysis. The following analyses establishing the stability of the sanitary landfill facility and the subsurface. The analyses shall provide sufficient information to allow Ohio EPA to sufficiently characterize the facility geology to allow for the evaluation of the proposed design of the sanitary landfill facility.

(a) The hydrostatic uplift analysis shall include the following:

(i) The scope, extent, and findings of the subsurface investigation conducted in accordance with paragraph (C)(3) of this rule, as it pertains to hydrostatic uplift.

(ii) A narrative description of the rationale used for the selection of the analysis input parameters.

(iii) A description of the method used to calculate hydraulic uplift.

(iv) A description of the assessed failure modes and conditions.

(v) A narrative description of the rationale used for the selection of the critical cross section that, at a minimum, shall consider the worst case intersection of the highest phreatic or piezometric surface with the maximum excavation depth.

(vi) A plan drawing showing the temporal high phreatic and piezometric surfaces (prepared in compliance with paragraph (B)(3)(d) of this rule) and the horizontal and vertical limits of excavation (prepared in compliance with paragraph (B)(4)(a) of this rule).

(vii) A profile view of the critical area that fully depicts the analysis input model including the following:

(a) The material boundaries.

(b) The applicable dimensions, including but not limited to the depth of excavation, and depth to the temporal high phreatic and piezometric surfaces.

(c) The material types.

(d) The in situ unit weights and saturated unit weights.

(viii) The actual calculations and/or computer output.

(b) The bearing capacity analysis for any vertical sump risers on the composite liner system shall include the following:

(i) The scope, extent, and findings of the subsurface investigation conducted in accordance with paragraph (C)(3) of this rule, as it pertains to bearing capacity.

(ii) A narrative description of the rationale used for the selection of the analysis input parameters.

(iii) A description of the method used to calculate bearing capacity.

(iv) A description of the assessed failure modes and conditions.

(v) A profile view of the critical cross section that fully depicts the analysis input model including the following:

(a) The material boundaries.

(b) The temporal high piezometric surface.

(c) The material types.

(d) The in situ unit weights and saturated unit weights.

(vi) The plan view of the critical cross section including northings and eastings for the endpoints of the section.

(vii) The actual calculations and/or computer output.

(c) The static stability analysis shall include the following:

(i) The scope, extent, and findings of the subsurface investigation conducted in accordance with paragraph (C)(3) of this rule, and earthen materials testing program as it pertains to static stability.

(ii) A narrative description of the rationale used for the selection of the analysis input parameters.

(iii) A description of the method used to calculate static stability.

(iv) An assessment of failure modes and conditions that at a minimum should include the following:

(a) Deep-seated translational and rotational failure mechanisms of internal slopes, interim slopes and final slopes for drained conditions and, as applicable, undrained conditions.

(b) Shallow translational and rotational failure mechanisms of internal slopes and final slopes for saturated conditions and drained conditions.

(v) For each of the failure modes and conditions assessed, provide a narrative description of the rationale used for the selection of the critical cross sections for the internal slopes, interim slopes, and final slopes.

(vi) A profile view of the critical cross sections that fully depicts the analysis input model including the following:

(a) The material boundaries.

(b) The temporal high phreatic and piezometric surfaces.

(c) The material types.

(d) The in situ unit weights and, where applicable, the in situ saturated unit weights.

(e) The material shear strengths.

(vii) The plan view of the critical cross sections that includes the northings and eastings for the endpoints of the sections.

(viii) A summary of the results using two dimensional limit equilibrium methods or other methods acceptable to the director for each of the critical cross sections.

(ix) The actual calculations and/or computer output.

(d) The seismic stability analysis shall include the following:

(i) The scope, extent, and findings of the subsurface investigation conducted in accordance with paragraph (C)(3) of this rule, and earthen materials testing program as it pertains to seismic stability.

(ii) A narrative description of the rationale used for the selection of the analysis input parameters.

(iii) A description of the method used to calculate the seismic stability.

(iv) An assessment of failure modes and conditions that, at a minimum, should include the following:

(a) Deep-seated translational and rotational failure mechanisms of final slopes for drained conditions.

(b) Deep-seated translational and rotational failure mechanisms of internal slopes and interim slopes for drained conditions, if required by the director.

(c) Shallow translational and rotational failure mechanisms of final slopes for drained conditions.

(d) Liquefaction failure mechanisms of internal slopes, interim slopes, and final slopes.

(v) For each of the failure modes and conditions, provide a narrative description of the rationale used for the selection of the critical cross sections for the internal slopes, interim slopes, and final slopes.

(vi) The profile views of the critical cross sections that fully depict the analysis input model including the following:

(a) The material boundaries.

(b) The temporal high phreatic and piezometric surfaces.

(c) The material types.

(d) The in situ unit weights and, where applicable, the in situ saturated unit weights.

(e) The material shear strengths.

(vii) The plan views of the critical cross sections that include the northings and eastings for the endpoints of the sections.

(viii) A summary of the results using two or three dimensional limit equilibrium methods or other methods acceptable to the director for each of the critical cross sections.

(ix) The actual calculations and/or computer output.

(e) The settlement analyses of the composite liner system shall include the following:

(i) The scope, extent, and findings of the subsurface investigation conducted in accordance with paragraph (C)(3) of this rule, and earthen materials testing program as it pertains to settlement.

(ii) A narrative description of the rationale used for the selection of the analysis input parameters.

(iii) A description of the method used to calculate the settlement.

(iv) A description of the assessed failure modes and conditions.

(v) A summary of the results.

(vi) The actual calculations of settlement and/or computer output.

(f) If a separatory liner is used and is designed with a slope other than that specified by rule 3745-27-08 of the Administrative Code, the settlement analysis of the separatory liner shall include the following:

(i) A narrative description of the rationale used for the selection of the analysis input parameters.

(ii) A description of the method used to calculate the settlement.

(iii) A description of the assessed failure modes and conditions.

(iv) A summary of the results.

(v) The actual calculations of settlement and/or computer output.

(g) A description, based on publicly available information, of unstable areas within one mile of the limits of solid waste placement. For the purposes of this rule, "publicly available information" means written or published information from public or private sources that is reasonably available to the public, and includes but is not limited to visual surveys from public right-of-ways and public lands of the area surrounding the proposed sanitary landfill facility and/or written or oral surveys of the landowners around the proposed sanitary landfill facility. The description shall include the following:

[Comment: As long as the applicant can document that a reasonable attempt was made to obtain the information, the application will be considered complete even if information is lacking (e.g. the written or oral survey is not responded to).]

(i) Regional stratigraphic or structural features that are susceptible to bearing capacity failure, static stability failure, seismic stability failure, or settlement.

(ii) Areas susceptible to liquefaction.

(iii) Areas susceptible to mass movement such as landslides, debris slides and falls, and rock falls.

(iv) Areas impacted by natural and human induced activities such as cutting and filling, draw down of ground water, rapid weathering, heavy rain, seismic activity and blasting.

(v) Presence of karst terrain.

(vi) Presence of underground mining.

(vii) Areas susceptible to coastal and river erosion.

If the sanitary landfill facility is located in any of these unstable areas, provide an analysis using the publicly available information and findings of the subsurface investigation conducted in accordance with paragraph (C)(3) of this rule, that the structural components will maintain their integrity.

(5) Calculations. The following design calculations with references to equations used, showing site-specific input and assumptions that demonstrate compliance with the design requirements of rule 3745-27-08 of the Administrative Code:

(a) Calculations showing gross volume of the sanitary landfill facility in cubic yards and anticipated life in years, and the gross volume in cubic yards and anticipated life in years of each unit of the sanitary landfill facility.

(b) Recompacted soil liner thickness calculations, from appendix I of rule 3745-27-08 of the Administrative Code, if any.

(c) Calculations for leachate head and flow.

(d) If leachate is to be recirculated, calculations for amount of leachate to be recirculated and the leachate head and flow.

(e) Calculations for sizing any leachate storage tanks based on the volume of leachate generated after final closure.

(f) Pump size and pipe size calculations based on paragraphs (C)(5)(c) and (C)(5)(d) of this rule.

(g) Pipe strength and pipe deflection calculations for the leachate collection and management system.

(h) An itemized written final closure cost estimate, in current dollars, based on the following:

(i) The cost of final closure of a sanitary landfill facility in accordance with rule 3745-27-11 of the Administrative Code.

(ii) A third-party conducting the final closure activities, assuming payment to employees of not less than the applicable prevailing wage.

(i) An itemized written post-closure care cost estimate, in current dollars, based on the following:

(i) The cost of post-closure care of the unit(s) of the sanitary landfill facility in accordance with rule 3745-27-14 of the Administrative Code.

(ii) A separate estimate for each noncontiguous unit(s) of the sanitary landfill facility.

(iii) A third-party conducting the post-closure care activities, assuming payment to its employees of not less than the applicable prevailing wage.

(j) Soil erosion calculations.

(k) Calculations for sizing surface water control structures and verifying that scouring and crushing is minimized.

(l) Sedimentation basin calculations.

(m) Other relevant calculations.

(6) Location restriction demonstrations. For proposed new unit(s), the location restriction demonstrations in accordance with rule 3745-27-20 of the Administrative Code.

(7) Construction information. Discussion of the following construction information:

(a) Installation of the items specified in rule 3745-27-10 of the Administrative Code.

(b) Demonstration of physical and chemical resistance as required in paragraphs (D)(10) and (D)(13) of rule 3745-27-08 of the Administrative Code.

(c) Compaction equipment slope limitations.

(8) Operational information. State the following information, which if modified, could require a permit:

(a) Authorized maximum daily waste receipt, as defined in rule 3745-27-01 of the Administrative Code, requested for the sanitary landfill facility.

(b) Technique of waste receipt, including but not limited to acceptance of baled waste or loose waste.

(c) Type of waste to be received, including but not limited to municipal solid waste, industrial solid waste, residual solid waste, asbestos or asbestos containing waste that is subject to the provisions of NESHAP, 40 CFR Part 61, subpart M, July 1, 2003, or construction and demolition debris.

(d) Type of equipment to be used to construct, operate, and maintain the sanitary landfill facility.

[Comment: A change in equipment that decreases the capability of the owner or operator to handle the waste received, may be considered to endanger human health and may require a permit.]

(9) Plans. The following plans:

(a) Ground water detection monitoring plan as required in rule 3745-27-10 of the Administrative Code, and, if applicable, the ground water quality assessment plan and/or corrective measures plan required pursuant to rule 3745-27-10 of the Administrative Code.

(b) Explosive gas monitoring plan as required in rule 3745-27-12 of the Administrative Code.

(c) The quality assurance/quality control plan for the engineered components addressing the following:

(i) Surveying.

(ii) Calibration of testing equipment.

(iii) Sampling and testing procedures to be used in the field and in the laboratory, including but not limited to the following:

(a) Testing required by rule 3745-27-08 of the Administrative Code.

(b) Testing required due to design requirements that must be met.

(c) Voluntary testing.

Procedures shall establish testing frequency, parameters, and sample locations.

(iv) Procedures to be followed if a test fails.

(d) The "final closure/post-closure plan" as detailed in paragraph (B) of rule 3745-27-11 of the Administrative Code.

(10) Notifications and certification. All applications shall include the following:

(a) Letters of intent to establish or modify a sanitary landfill facility, which include a description of property and facility boundaries, shall be sent via certified mail or any other form of mail accompanied by a receipt to the following entities (copies of these letters of intent with copies of the mail receipts shall be included with the application):

(i) The governments of the general purpose political subdivisions where the sanitary landfill facility is located, e.g., county commissioners, legislative authority of a municipal corporation, or the board of township trustees.

(ii) The single county or joint county solid waste management district.

(iii) The owner or lessee of any easement or right of way bordering or within the proposed facility boundaries that may be affected by the proposed sanitary landfill facility.

(iv) The local zoning authority having jurisdiction, if any.

(v) The airport administrator and the federal aviation administration, if the placement of solid waste will occur within five miles of any airport runway. "Airport" is defined in rule 3745-27-01 of the Administrative Code.

(vi) The park system administrator, if any part of the sanitary landfill facility is located within or shares the park boundary.

(vii) The conservancy district, if any part of the sanitary landfill facility is located within or shares the conservancy district boundary.

(b) A list of the permits, licenses, plan approvals, authorizations or other approvals that have been applied for and the local, state or federal office or agency where application has been made.

(c) Wetland demonstration. Applications which propose to locate the sanitary landfill facility in wetlands, as defined in rule 3745-27-01 of the Administrative Code, shall include a copy of a certification and permit approved in accordance with section 401 and 404 of the Clean Water Act, 33 U.S.C 1251 et seq.(2003), or other permit or certification authorizing the discharge of dredge or fill material under state law.

(d) Proof of property ownership or lease agreement to use the property as a sanitary landfill facility.

R.C. 119.032 review dates: 04/23/2014 and 04/23/2019
Promulgated Under: 119.03
Statutory Authority: 3734.02 , 3734.12
Rule Amplifies: 3734.02 , 3734.05 , 3734.12
Prior Effective Dates: 7/29/1976, 3/1/1990, 6/1/1994, 8/15/2003, 7/1/2004

3745-27-07 Additional criteria for approval of sanitary landfill facility permit to install applications.

(A) General criteria. The director shall not approve any permit to install application for a sanitary landfill facility unless the director determines all of the following: (1) Establishment or modification and operation of the sanitary landfill facility will not violate Chapter 3704., 3734., or 6111. of the Revised Code.

(2) The sanitary landfill facility will be capable of being constructed, operated, closed, and maintained during the post-closure care period in accordance with Chapter 3745-27 of the Administrative Code, and with the terms and conditions of the permit.

(3) The applicant, and/or the person(s) listed as owner and operator if the owner and operator are not the applicant, who has been or is currently responsible for the management or operation of one of more solid waste facilities, has managed or operated such facility in substantial compliance with applicable provisions of Chapters 3704., 3734., 3714., and 6111. of the Revised Code, and any rules, permits or other authorizations issued thereunder, and has maintained substantial compliance with all applicable orders issued by the director, the environmental review appeals commission, or courts having jurisdiction in accordance with Chapter 3746-13 of the Administrative Code, in the course of such previous or current management or operations. The director may take into consideration whether substantial compliance has been maintained with any applicable order from a board of health maintaining a program on the approved list and any other courts having jurisdiction.

(4) The person listed as operator meets the requirements of division (L) of section 3734.02 of the Revised Code and rules adopted thereunder.

(5) The applicant meets the requirements of sections 3734.42 to 3734.44 of the Revised Code and rules adopted thereunder.

(B) Discretionary criteria. The director may consider, when determining whether or not to approve a permit to install application for a sanitary landfill facility, the following:

(1) The impact the establishment or modification of the sanitary landfill facility may have on corrective measures that have been taken, are presently being taken, or are proposed to be taken at the facility or in the immediate area.

(2) The technical ability of the owner or operator to adequately monitor the impact of the sanitary landfill facility on the environment.

(C) Design criteria. The director shall not approve a permit to install application for any of the following unless the director determines that the application conforms to the appropriate sections of rule 3745-27-08 of the Administrative Code as follows:

(1) Proposed new unit(s) of a new landfill or proposed new unit(s) contiguous or noncontiguous to an existing landfill shall comply with paragraphs (B), (C), and (D) of rule 3745-27-08 of the Administrative Code.

[Comment: This requirement does not apply to new unit(s) designated on June 1, 1994 that are within a previously authorized fill area. Construction in an existing unit and new unit(s) designated as of June 1, 1994, must be in accordance with the applicable authorizing document(s), including a plan approval, operational report, and permit to install. See paragraph (C) of rule 3745-27-19 of the Administrative Code. Unfilled areas of an existing unit and new unit(s) designated as of June 1, 1994, and not provided with a bottom liner/leachate collection system in accordance with paragraph (D) of rule 3745-27-08 of the Administrative Code are subject to paragraph (C) of rule 3745-27-19 and paragraph (A) of rule 3745-27-20 of the Administrative Code.]

(2) A proposed vertical expansion, as defined in rule 3745-27-01 of the Administrative Code, shall do the following:

(a) At a minimum, comply with paragraphs (B)(1)(a) and (B)(1)(e) to (B)(1)(h), paragraph (B)(2) as required, paragraph (B)(3) as relevant, paragraphs (C)(4) to (C)(7), and paragraphs (D)(1) to (D)(3) and (D)(18) to (D)(27) of rule 3745-27-08 of the Administrative Code if the expansion is above the authorized fill area(s) of the sanitary landfill facility.

(b) At a minimum, comply with paragraphs (B), (C), and (D) of rule 3745-27-08 of the Administrative Code if the vertical expansion is below the authorized fill area(s) of the sanitary landfill facility.

[Comment: If a landfill is permitted to vertically expand below a previously approved, but unfilled, area, that area must be constructed in accordance with current rule requirements.]

(3) Vertical expansion construction. For a permit application submitted after the effective date of this rule that includes a vertical expansion over an authorized fill area, the expansion area(s) must be constructed over either of the following:

(a) A separatory liner system constructed in accordance with rule 3745-27-08 of the Administrative Code.

(b) An authorized fill area that is underlain by a composite liner or engineered liner previously approved by the director, and a leachate collection system.

(4) Applications for a sanitary landfill facility submitted in response to divisions (A)(3) and (A)(4) of section 3734.05 of the Revised Code shall comply with paragraphs (B), (C), and (D) of rule 3745-27-08 of the Administrative Code, with the exception that filled areas of the sanitary landfill facility shall, at a minimum, meet the requirements of paragraphs (D)(1) to (D)(4), (D)(18) to (D)(23), and (D)(25) to (D)(27) of rule 3745-27-08 of the Administrative Code.

(5) Permit to install applications exclusively requesting a change in technique of waste receipt, or type of waste received, or type of equipment used, need not comply with rule 3745-27-08 of the Administrative Code.

(6) Applications exclusively requesting a change in the authorized maximum daily waste receipt (AMDWR) and submitted pursuant to paragraph (E) of this rule need not comply with rule 3745-27-08 of the Administrative Code.

(7) Other modifications of a sanitary landfill facility, as that term is defined in rule 3745-27-02 of the Administrative Code shall comply with the relevant paragraphs of rule 3745-27-08 of the Administrative Code.

(D) [Reserved.]

(E) Additional criteria for authorized maximum daily waste receipt (AMDWR) increase applications.

The director shall not approve a permit to install application for a permanent change in the AMDWR for the sanitary landfill facility unless the owner or operator demonstrates that the sanitary landfill facility can operate in compliance with all applicable solid waste regulations while receiving the requested maximum daily waste receipt. An adequate demonstration for a sanitary landfill facility includes, but is not limited to, the following:

(1) An explanation of the overall site design including construction time frames and fill sequences for the sanitary landfill facility.

(2) Operational criteria such as the sanitary landfill facility's equipment availability, cover availability, and manpower.

(3) If applicable, the owner's or operator's previous compliance history throughout the life of the sanitary landfill facility and the daily logs for any period that the sanitary landfill facility was out of compliance.

[Comment: An application for a temporary increase in the AMDWR must satisfy the criteria specified in rule 3745-37-14 of the Administrative Code.]

(F) Applicability of location restriction demonstrations to proposed new unit(s).

(1) Proposed new unit(s). For a permit to install application for a proposed new unit(s), the director shall not approve the permit to install application for the proposed new unit(s), unless the director determines that the owner or operator has demonstrated compliance with the location restriction demonstration requirements specified in rule 3745-27-20 of the Administrative Code.

(2) The director shall not approve a permit to install application submitted in accordance with divisions (A)(3) and (A)(4) of section 3734.05 of the Revised Code unless the director determines that the owner or operator has demonstrated that any unfilled areas of the sanitary landfill facility comply with the location restriction demonstration requirements specified in rule 3745-27-20 of the Administrative Code.

(G) Applicability of siting criteria.

For the purposes of this rule, an "authorized fill area" is an area within the limits of solid waste placement of a sanitary landfill facility which is authorized, by a permit(s) to install, plan approval, operational report, or other authorizing document(s) to accept solid waste as of the date of submittal of the permit to install application for a new unit.

The director shall not approve the permit to install application for a sanitary landfill facility unless the director determines that the application meets the criteria specified in paragraph (H) of this rule, as follows:

(1) Call-in permits. A sanitary landfill facility for which the permit to install application, including any proposed new unit(s) and/or a proposed vertical expansion, is submitted in response to division (A)(3) or (A)(4) section 3734.05 of the Revised Code, shall meet all the criteria specified in paragraph (H) of this rule; however, the director may approve the application for one or more noncontiguous unit(s) which meet the criteria specified in paragraph (H) of this rule, even though other unit(s) do not meet the criteria specified in paragraph (H) of this rule.

[Comment: The purpose of a call-in permit is to upgrade a facility to the standards in Chapter 3745-27 of the Administrative Code. The review of a call-in permit should be distinguished from a "voluntary" expansion, or AMDWR permit application. Since the call-in process looks at the entire facility, including any expansions proposed in the call-in application, a voluntary application which may be approvable by itself may not be adequate when viewed in the context of the entire facility. It is the applicant's option to submit voluntary vertical or lateral expansions with the call-in application or to submit a voluntary application before the call-in application.]

(2) Operation changes. A permit to install application that exclusively proposes a substantial change in technique of waste receipt, or type of waste received, or type of equipment used at the sanitary landfill facility, need not comply with the criteria specified in paragraph (H) of this rule.

(3) AMDWR increase. A permit to install application which exclusively proposes a change in the AMDWR limit for the sanitary landfill facility need not comply with the criteria specified in paragraph (H) of this rule.

(4) Other modification permits. A permit to install application that incorporates a "modification" of the sanitary landfill facility, as that term is defined in rule 3745-27-02 of the Administrative Code, and the modification does not incorporate a capacity increase or otherwise change the vertical or horizontal limits of waste placement, need not comply with the criteria specified in paragraph (H) of this rule.

(5) Vertical expansion. For the purposes of this rule, a vertical expansion, as defined in rule 3745-27-01 of the Administrative Code, includes the proposed vertical expansion and all waste within the vertical projection above or below the proposed vertical expansion. When evaluation a proposed vertical expansion, the director shall apply the following criteria:

(a) All of the criteria specified in paragraph (H) of this rule, except for paragraph (H)(4) of this rule (general setbacks).

[Comment: Paragraph (H)(4) of this rule includes setbacks for natural areas, 300 feet from facility boundary, 1000 feet from domicile, and 200 feet from surface waters.]

(b) The criteria specified below apply to all areas of the authorized fill area that are contiguous to the proposed vertical expansion but which are not directly above or below the proposed vertical expansion:

(i) Paragraph (H)(1) of this rule (location in national park, etc.).

(ii) Paragraph (H)(2) of this rule (ground water aquifer system protection).

[Comment: Paragraph (H)(2) includes protection standards for sand/gravel pits, limestone/sandstone quarries, sole source aquifer system, one hundred gallons per minute (gpm) aquifer system, and fifteen-foot separation distance.]

[Comment: See diagram no. 1 in appendix I of this rule. Vertical expansion permits seek a voluntary vertical change in waste placement boundaries. A decision for final denial of a voluntary vertical expansion permit application does not alter the current authorizing document(s) for the facility. Filling may continue in the authorized fill area in accordance with the applicable authorizing document(s).]

(6) Proposed new unit(s).

Proposed new unit(s) of a sanitary landfill facility shall meet all of the criteria specified in paragraph (H) of this rule; however, the director may approve the application for one or more noncontiguous proposed new unit(s) that meet the criteria specified in paragraph (H) of this rule, even though other proposed new unit(s) do not meet the criteria specified in paragraph (H) of this rule.

[Comment: If a proposed new unit(s) is an expansion to the authorized fill area of an existing landfill, see paragraph (G)(7) of this rule for the applicability of siting criteria to the authorized fill area of the existing landfill.]

(7) "Authorized fill area," that is contiguous or noncontiguous to a proposed new unit(s).

(a) Noncontiguous authorized fill area. When evaluating a proposed new unit(s), the criteria specified in paragraph (H) of this rule do not apply to an authorized fill area that is noncontiguous with the new unit(s) proposed in the permit to install application.

[Comment: In this situation, the permit to install application proposes a "new unit" (lateral expansion area) of the facility that is not contiguous to the currently permitted fill area (the "authorized fill area"). All siting criteria apply to the "new unit;" no siting criteria apply to the authorized fill area. See diagram no. 2 in appendix I of this rule.]

(b) Contiguous authorized fill area. When evaluating a permit to install application that includes a proposed contiguous new unit(s) without a vertical expansion above or below some or all of the authorized fill areas, the following apply:

[Comment: In the situation addressed in this paragraph, the permit to install application proposes a "new unit" (lateral expansion area) of the facility that is contiguous to the currently permitted fill area (the "authorized fill area"). All siting criteria apply to the "new unit;" however, paragraphs (G)(7)(b)(i) and (G)(7)(b)(ii) of this rule specify the criteria that apply to the authorized fill area. A final denial decision on the voluntary proposed new unit(s) application does not alter the approval to fill in the authorized fill area.]

(i) When evaluating a proposed new unit(s), the following criteria specified in paragraph (H) of this rule do not apply to the authorized fill area contiguous with the new unit(s) proposed in the permit to install application:

(a) Paragraph (H)(3) of this rule (ground water setbacks).

(b) Paragraph (H)(4) of this rule (general setbacks).

[Comment: Paragraph (H)(3) of this rule includes setbacks for five year time of travel to public water supply well, underground mines, and one thousand feet from water supply well. Paragraph (H)(4) of this rule includes setbacks for natural areas, three hundred feet from facility boundary, one thousand feet from domicile, and two hundred feet from surface waters.]

(ii) When evaluating proposed new unit(s), the following criteria always apply to the authorized fill area contiguous to the new unit(s) in the permit to install application:

(a) Paragraph (H)(1) of this rule (location in national park, etc.).

(b) Paragraph (H)(2) of this rule (ground water aquifer system protection).

[Comment: Paragraph (H)(2) of this rule includes protection standards for sand/gravel pits, limestone/sandstone quarries, sole source aquifer system, one hundred gpm aquifer system, and fifteen foot separation distance.]

(c) Contiguous new unit, authorized fill area, and vertical expansion. When evaluating a permit to install application that includes a proposed contiguous new unit(s) and also includes a vertical expansion above or below some or all of the authorized fill area, the following apply:

(i) Evaluate the vertical expansion component of the permit to install application in accordance with paragraph (G)(5) of this rule, and, if it meets the criteria specified in paragraph (G)(5) of this rule, then

(ii) Evaluate the proposed new unit(s) component of the permit to install application and the authorized fill area in accordance with paragraph (G)(6) of this rule.

[Comment: See diagram no. 3 in appendix I of this rule. If the vertical expansion component does not meet the criteria specified in paragraph (G)(5) of this rule, then the applicant may consider revising the application to meet the requirements specified in paragraph (G)(7)(b) of this rule. A final denial decision on this voluntary permit does not alter the filling approved in the authorized fill area.]

(H) Siting criteria.

(1) National parks, national recreation areas, and state parks.

The limits of solid waste placement of the sanitary landfill facility are not located within one thousand feet of or within any of the following areas, in existence on the date of receipt of the permit to install application by Ohio EPA:

(a) National park or recreation area.

(b) Candidate area for potential inclusion in the national park system.

(c) State park or established state park purchase area.

(d) Any property that lies within the boundaries of a national park or recreation area but that has not been acquired or is not administered by the secretary of the United States department of the interior.

The one-thousand-foot setback from the limits of solid waste placement does not apply if the applicant obtains a written authorization from the owner(s) and the designated authority of the areas designated in paragraph (H)(1) of this rule to locate the limits of solid waste placement within one thousand feet. Such authorizations must be effective prior to the issuance date of the permit.

[Comment: Pursuant to division (M) of section 3734.02 of the Revised Code, the limits of solid waste placement cannot be located within these areas.]

If the sanitary landfill facility is located within a park or recreation area and exclusively disposes of wastes generated within the park or recreation area, this paragraph shall not apply.

(2) Ground water aquifer system protection.

(a) Sand or gravel pit.

The sanitary landfill facility is not located in a sand or gravel pit where the sand or gravel deposit has not been completely removed.

For the purposes of this paragraph, a sand or gravel pit is an excavation resulting from a mining operation where the removal of sand or gravel is undertaken for use in another location or for commercial sale. This term does not include excavations or sand or gravel resulting from the construction of the sanitary landfill facility.

(b) Limestone or sandstone quarry.

The sanitary landfill facility is not located in a limestone quarry or sandstone quarry.

For the purposes of this paragraph, a limestone or sandstone quarry is an excavation resulting from a mining operation where limestone or sandstone is the principal material excavated for use in another location or for commercial sale. This term does not include excavation of limestone resulting from the construction of the sanitary landfill facility.

(c) Sole source aquifer.

The sanitary landfill facility is not located above an aquifer declared by the federal government under the Safe Drinking Water Act, 42 U.S.C 300f et. seq. (2003), to be a sole source aquifer prior to the date of receipt of the permit to install application by Ohio EPA.

(d) One hundred gallons per minute (gpm) aquifer system.

The sanitary landfill facility is not located above an unconsolidated aquifer system capable of sustaining a yield of one hundred gpm for a twenty-four-hour period to an existing or future water supply well located within one thousand feet of the limits of solid waste placement of the sanitary landfill facility.

(e) Isolation distance.

The isolation distance between the uppermost aquifer system and the bottom of the recompacted soil liner of a sanitary landfill facility is not less than fifteen feet of in-situ or added geologic material constructed in accordance with rule 3745-27-08 of the Administrative Code.

(3) Ground water setbacks.

(a) Five year time of travel.

The limits of solid waste placement of the sanitary landfill facility and any temporary or permanent leachate ponds or lagoons are not located within the surface and subsurface areas of either of the following:

(i) Surrounding an existing or proposed public water supply well through which contaminants may move toward and may reach the public water supply well through underground geologic or man-made pathways within a period of five years.

For the purposes of this paragraph, a proposed public water supply well is a well for which plans have been submitted to Ohio EPA for inclusion in a public water supply system on, or before, the date the permit to install application was received by Ohio EPA and for which a final denial has not been issued.

(ii) A wellhead protection area or a drinking water source protection area for a public water system using ground water.

For the purposes of this paragraph, a wellhead protection area includes areas near or surrounding a public water supply well or well field as delineated by the owner or operator of the public water supply well or well field and endorsed by Ohio EPA.

For purposes of this paragraph, a drinking water source protection area for a public water system using ground water includes areas near or surrounding a public water supply well or well field as delineated by Ohio EPA. For the purposes of this paragraph, the prohibition against siting in a drinking water source protection area for a public water system using ground water shall not be effective until a map of the delineated area is sent by Ohio EPA and received by the owner or operator of the relevant public water supply well or well field.

[Comment: Information on wellhead protection areas and a drinking water source protection area for a public water system using ground water may be obtained from Ohio EPA's division of drinking and ground waters.]

(b) Underground mine.

The sanitary landfill facility is not located within an area of potential subsidence due to an underground mine or within the angle of draw of an underground mine in existence on the date of receipt of the permit to install application by Ohio EPA unless the potential impact to the facility due to subsidence is minimized.

[Comment: Removal or filling of the mines is an acceptable method for minimizing the potential for subsidence.]

(c) One thousand feet from water supply well.

The limits of solid waste placement of the sanitary landfill facility are not located within one thousand feet of a water supply well or a developed spring in existence on the date the permit to install application was received by Ohio EPA, unless one or more of the following conditions are met:

(i) The water supply well or developed spring is controlled by the owner or operator of the sanitary landfill facility and provided the following:

(a) The water supply well or developed spring is needed as a source of nonpotable water in order to meet the requirements of the approved permit.

(b) No other reasonable alternate water source is available.

(c) The water supply well or developed spring is constructed to prevent contamination of the ground water.

(ii) The water supply well or developed spring is at least five hundred feet hydrogeologically upgradient of the limits of solid waste placement of the sanitary landfill facility and the applicant demonstrates that the potential for migration of landfill gas to that well or developed spring is minimized.

[Comment: If the applicant does not meet the demonstration, then the limits of solid waste placement must be located at least one thousand feet hydrogeologically downgradient of the water supply well or developed spring.]

[Comment: Constructing a landfill with a composite bottom liner system or an active gas management system is an acceptable means to minimize the potential for gas migration.]

(iii) The water supply well or developed spring is separated from the limits of solid waste placement of the sanitary landfill facility by a hydrogeologic barrier.

(iv) The water supply well or developed spring was constructed and is used solely for monitoring ground water quality.

For the purposes of this paragraph, a developed spring is any spring that has been permanently modified by the addition of pipes or a collection basin to facilitate the collection and use of the spring water.

(4) General setbacks.

(a) One thousand feet from natural areas.

The limits of solid waste placement of the sanitary landfill facility are not located with one thousand feet of the following, that are in existence on the date of receipt of the permit to install application by Ohio EPA:

(i) Areas designated by the Ohio department of natural resources as either a state nature preserve, including all lands dedicated under the Ohio natural areas law, a state wildlife area, or a state wild, scenic or recreational river.

(ii) Areas designated, owned, and managed by the Ohio historical society as a nature preserve.

(iii) Areas designated by the United States department of the interior as either a national wildlife refuge or a national wild, scenic or recreational river.

(iv) Areas designated by the United States forest service as either a special interest area or a research natural area in the Wayne national forest.

(v) Stream segments designated by Ohio EPA as either a state resource water, a coldwater habitat, or an exceptional warmwater habitat.

[Comment: Stream segments designated as state resource waters may include some wetlands. Those wetlands that do not meet this designation are addressed in paragraph (H)(4)(d) of this rule.]

(b) Three hundred feet from property line.

The limits of solid waste placement of the sanitary landfill facility are not located with three hundred feet of the sanitary landfill facility's property line.

(c) One thousand feet from domicile.

The limits of solid waste placement of the sanitary landfill facility are not located within one thousand feet of a domicile, whose owner has not consented in writing to the location of the sanitary landfill facility, in existence on the date of receipt of the permit to install application by Ohio EPA.

(d) Two hundred feet from surface waters.

The limits of solid waste placement of the sanitary landfill facility are not located within two hundred feet of areas determined by Ohio EPA or the United States army corps of engineers to be a stream, lake, or wetland.

[Comment: Pursuant to division (A) or (G) of section 3734.02 of the Revised Code, an applicant may request a variance or exemption from any of the siting criteria contained in this rule. However, pursuant to division (M) of section 3734.02 of the Revised Code, the director shall not issue a permit, variance or exemption that authorizes a new sanitary landfill facility, or an expansion of an existing sanitary landfill facility, within the boundaries of the areas indicated in paragraph (H)(1) of this rule.]

Appendix Diagram 1 Vertical Expansions

See Appendix at

http://www.registerofohio.state.oh.us/pdfs/3745/0/27/3745-27-07_PH_FF_A_APP1_20040618_1107.pdf

Appendix II Siting Criteria

See Appendix at

http://www.registerofohio.state.oh.us/pdfs/3701/0/6/3701-6-02_PH_FF_A_APP1_20070723_0911.pdf

R.C. 119.032 review dates: 05/28/2014 and 04/24/2019
Promulgated Under: 119.03
Statutory Authority: 3734.02 , 3734.12
Rule Amplifies: 3734.02 , 3734.12
Prior Effective Dates: 3/1/1990, 6/1/1994, 8/15/2003, 7/1/2004

3745-27-08 Sanitary landfill facility construction.

(A) Applicability. The construction requirements for a sanitary landfill facility specified in this rule are applicable to a particular facility or permit to install application as specified in rules 3745-27-06 , 3745-27-07 , 3745-27-11 , 3745-27-19 , and 3745-27-20 of the administrative code.

[Comment: The construction requirements specified in this rule represent the minimum standards that must be met by all sanitary landfill facilities. Authorizing documents such as permits to install also establish construction requirements, but they may be different than the rule requirements based on site specific factors. Since the authorizing document must meet, at a minimum, the requirements in this rule, if there are differences between the requirements in this rule and the authorizing document for the facility, the compliance standard shall be based on the authorizing document. The owner or operator is required to comply with the approved authorizing documents unless changes are required by specific references in this rule or other applicable rules or authorized by a director's action.]

(B) Engineered components for sanitary landfill facilities. The owner or operator shall incorporate the following engineered components in the design and construction of a sanitary landfill facility:

(1) All sanitary landfill facilities, at a minimum, shall include the following:

(a) Survey marks.

(b) A prepared in-situ foundation.

(c) A composite liner system that includes the following:

(i) A recompacted soil liner.

(ii) A flexible membrane liner.

(d) A leachate collection and management system that includes the following:

(i) A leachate collection layer.

(ii) Leachate collection pipes.

(iii) A filter layer.

(iv) A sump.

(v) Leachate conveyance apparatus.

(e) Surface water control structures including sedimentation ponds.

(f) A composite cap system that includes the following:

(i) A soil barrier layer.

(ii) A flexible membrane liner.

(iii) A drainage layer.

(iv) A cap protection layer.

(g) An explosive gas control system.

(h) Access roads.

(2) Supplemental engineered components that may be required to address site specific conditions include, but are not limited to, the following:

(a) Permanent ground water control structures to control the impact of ground waters on other engineered components.

(b) Structural fill for berms and subbase.

(c) Added geologic material to meet the isolation distance requirement of rule 3745-27-07 of the administrative code.

(d) Liner cushion layer.

(e) Leachate storage tanks, if there is no permitted discharge to a public sewer system or a permitted waste water treatment system.

(f) Separatory liner/leachate collection systems may include the following components:

(i) A gas collection layer.

(ii) A recompacted soil liner.

(iii) A flexible membrane liner.

(iv) A leachate collection layer.

(v) Leachate collection pipes.

(vi) A filter layer.

(vii) A geosynthetic clay liner.

(g) Interim composite liner/leachate collection system that includes the following components:

(i) A recompacted soil liner.

(ii) A flexible membrane liner.

(iii) A leachate collection layer.

(iv) Leachate collection pipes.

(v) A filter layer.

(vi) A sump.

(vii) Leachate conveyance apparatus.

(h) A gas collection system.

(3) Optional engineered components that an owner or operator may propose for use in a sanitary landfill facility include, but are not limited to, the following:

(a) Geosynthetic clay liner in lieu of a portion of the recompacted soil liner of the composite liner system.

(b) Geosynthetic clay liner in lieu of the recompacted soil barrier layer of the composite cap system.

(c) Engineered subbase for a geosynthetic clay liner in a composite cap system.

(d) Transitional cover.

(C) General design criteria. The objective of the design for any engineered component or system of components shall be to meet or exceed the specifications for design, construction and quality assurance testing required in paragraph (d) of this rule along with the following general design criteria:

(1) The composite liner system shall be designed to do the following:

(a) Serve as a barrier to prevent the discharge of any leachate to ground or surface waters.

(b) For new facilities or lateral expansions of existing facilities, the composite liner system shall have at least a 2.0 percent slope in all areas, except along flow lines augmented by leachate collection pipes, after accounting for one hundred percent of the primary consolidation settlement and the secondary consolidation settlement of the compressible materials beneath the facility which includes, as applicable, in-situ soil, added geologic material, structural fill material, and recompacted soil liner.

For the purposes of this paragraph, secondary settlement shall be calculated using a 100-year time frame or another time frame acceptable to the director.

(c) For existing facilities where an owner or operator proposes to vertically expand over a composite liner system that was constructed after December 31, 2003, the slope of the existing composite liner system located beneath the vertical expansion shall meet the design standard in paragraph (c)(1)(b) of this rule.

[Comment: When initially designing and constructing a composite liner system, a conservative approach may be necessary to account for further settlement of the underlying materials caused by any potential vertical expansion above the initial design.]

[Comment: An owner or operator may revise the applicable authorizing document(s) or modify the facility, with Ohio EPA approval, to meet the design standard in paragraph (c)(1)(b) of this rule.]

(d) For existing facilities where an owner or operator proposes to vertically expand over a composite liner system that was constructed before December 31, 2003, the owner or operator shall demonstrate to the director that the existing composite liner system located beneath the vertical expansion maintains, at a minimum, positive drainage in the leachate collection system and has no more than one foot of head of leachate after accounting for the additional waste and one hundred percent of the primary consolidation settlement and the secondary consolidation settlement of the compressible materials beneath the facility which includes, as applicable, in-situ soil, added geologic material, structural fill material, and recompacted soil liner.

For the purposes of this paragraph, secondary settlement shall be calculated using a 100-year time frame or another time frame acceptable to the director.

(e) Have a maximum slope based on the following:

(i) Compaction equipment limitations.

(ii) Slope stability.

(2) The separatory liner/leachate collection system shall be designed to do the following:

(a) Serve as a barrier to direct all leachate from new waste placement into the leachate collection system associated with the vertical expansion and to manage any explosive gas generated from the waste placement below the barrier.

(b) Have at least a 10.0 percent constructed grade in all areas except along flow lines augmented by leachate collection pipes, or have some other minimum slope based on a design acceptable to the director.

(c) Have a maximum slope based on the following:

(i) Compaction equipment limitations.

(ii) Slope stability.

(d) The leachate collection and management system portion of the separatory liner shall be designed to limit the level of leachate to a maximum of one foot on the separatory liner throughout the operation and post closure of the facility.

(e) Include a combination of engineered components as listed in paragraph (b)(2)(f) of this rule that will function throughout the operational life and post closure period of the landfill. Alternative specifications to those included in paragraph (d) of this rule may be proposed in any new permit or permit modification.

(f) Minimize the amount of waste filled beneath the separatory liner system needed to obtain the required minimum slope.

(3) The leachate collection and management system shall be designed to do the following:

(a) Any components located outside of the limits of solid waste placement shall be no less protective of the environment than the sanitary landfill facility by complying with this paragraph.

(b) The selection and specifications for the materials that will make up the leachate collection layer shall be protective of the flexible membrane liner or the design must include a liner cushion layer.

(c) Limit the level of leachate in areas other than sumps to a maximum of one foot throughout the operation and post closure of the facility.

For the purposes of this rule, a sump is an excavated depression of limited size that serves as a collection and transfer point for leachate.

(d) Have at least a 0.5 percent grade for the leachate collection pipes after accounting for one hundred percent of the primary consolidation settlement and the secondary consolidation settlement of the compressible materials beneath the facility which includes, as applicable, in-situ soil, added geologic material, structural fill material, and recompacted soil liner.

For the purposes of this paragraph, secondary settlement shall be calculated using a 100-year time frame or another time frame acceptable to the director.

(4) The composite cap system shall be designed to do the following:

(a) Minimize infiltration of surface water.

(b) Serve as a barrier to prevent leachate outbreaks.

(c) Have at least a 5.0 percent grade in all areas except where surface water control structures are located.

(d) Have a maximum slope based on the following:

(i) Compaction and maintenance equipment limitations.

(ii) Slope stability.

(e) Provide protection for all composite cap system components from the effects of the formation of landfill gas.

(5) If applicable, the design of the explosive gas control system may utilize a passive venting system or an active extraction system to satisfy air pollution control requirements and shall be designed to maintain explosive gas concentrations below the explosive gas threshold limits in rule 3745-27-12 of the administrative code.

(6) The design of all geosynthetic materials specified in the engineered components, including but not limited to, flexible membrane liners, geosynthetic clay liners, and geosynthetic drainage nets, shall not rely on any of the tensile qualities of these geosynthetic components.

(7) The design for the stability of all engineered components and the waste mass shall address any configuration throughout the applicable developmental and post closure periods. Potential failures associated with internal, interim and final slopes as these slopes are defined in rule 3745-27-06 of the Administrative Code, shall be used to define the minimum construction specifications and materials that, at a minimum, will meet the following:

(a) The factor of safety for hydrostatic uplift shall not be less than 1.40 at any location during the construction and operation of the facility.

(b) The factor of safety for bearing capacity of any vertical sump risers on the composite liner system shall not be less than 3.0.

(c) The factor of safety for static slope stability shall not be less than 1.50 using two dimensional limit equilibrium methods or another factor of safety using a method acceptable to the director when assessed for any of the following failure modes and conditions:

(i) Deep-seated translational and deep-seated rotational failure mechanisms of internal slopes; interim slopes, and final slopes for drained conditions and as applicable conditions representing the presence of excess pore water pressure at the onset of loading or unloading. For slopes containing geosynthetic interfaces placed at grades greater than 5.0 percent, residual shear strength conditions shall be used for any soil to geosynthetic or geosynthetic to geosynthetic interfaces.

[Comment: Ohio EPA considers any failure that occurs through a material or along an interface that is loaded with more than 1,440 pounds per square foot to be a deep seated failure mode.]

(ii) Shallow translational and shallow rotational failure mechanisms of internal slopes and final slopes for unsaturated conditions.

[Comment: Peak shear strengths can be used for most shallow failure modes.]

(d) The factor of safety for seismic slope stability shall not be less than 1.00 using two or three dimensional limit equilibrium methods, or another factor of safety using a method acceptable to the director when assessed for any of the following failure modes and conditions:

(i) Deep-seated translational and deep-seated rotational failure mechanisms of final slopes for drained conditions and as applicable conditions representing the presence of excess pore water pressure at the onset of loading or unloading. For slopes containing geosynthetic interfaces placed at grades greater than 5.0 percent, residual shear strength conditions shall be used for any soil to geosynthetic or geosynthetic to geosynthetic interfaces.

If required by the director, deep-seated translational and deep-seated rotational failure mechanisms of interim and internal slopes for drained conditions and as applicable conditions representing the presence of excess pore water pressure at the onset of loading or unloading. For slopes containing geosynthetic interfaces placed at grades greater than 5.0 percent, residual shear strength conditions shall be used for any soil to geosynthetic or geosynthetic to geosynthetic interfaces.

(ii) Shallow translational and shallow rotational failure mechanisms of final slopes for unsaturated conditions.

(e) The factor of safety against liquifaction shall not be less than 1.00 for internal slopes, interim slopes and final slopes.

(f) The factor of safety for static slope stability shall not be less than 1.10 using two dimensional limit equilibrium methods or other methods acceptable to the director when assessed for any of the following failure modes and conditions:

(i) If required by the director, shallow translational and shallow rotational failure mechanisms of internal slopes in which the protective soils over the leachate collection layer have reached field capacity. Calculations shall use the maximum head predicted for the fifty year, one hour design storm.

(ii) Shallow translational and shallow rotational failure mechanisms of final slopes in which the cover soils over the drainage layer have reached field capacity. Calculations shall use the maximum head predicted for the one hundred year, one hour design storm.

[Comment: The number of digits after the decimal point indicates that rounding can only occur to establish the last digit. For example, 1.485 can be rounded to 1.49 , but not 1.5 or 1.50 .]

(D) Design, construction and testing specifications. The owner or operator shall meet or exceed the following specifications in the design, construction, and quality assurance testing of all engineered components of a sanitary landfill facility.

[Comment: The order of the engineered components in this paragraph reflects a logical bottom to top or a typical construction sequencing approach. Reporting requirements will be dependent on which engineered components are being certified. In general, a test pad certification report submitted to Ohio EPA for written concurrence may be used repeatedly in future construction certifications provided the soil properties of the borrow soil remain the same. Pre-construction testing results for borrow soils or shear strength testing results for geosynthetic components may be submitted as often as necessary during the construction process to allow for their continued use. A single construction certification report for each construction project shall be submitted in accordance with rule 3745-27-19 of the administrative code to Ohio EPA for written concurrence with all quality assurance testing and for approval of all alterations that are included in the certification report.]

(1) For survey marks: at least three permanent survey marks, with each located on separate sides of the proposed sanitary landfill facility, shall be established prior to any construction and within easy access to the limits of solid waste placement in accordance with the following:

(a) Survey marks shall be referenced horizontally to the "1927 North American Datum," "1983 North American Datum," or "State Plane Coordinate System" and vertically to the "1929 or 1988 North American Vertical Sea Level Datum" as identified on the 7.5 minute series quadrangle sheets published by the United States Geological Survey.

(b) Survey marks shall be at least as stable as a poured concrete monument ten inches in diameter installed to a depth of forty-two inches below the ground surface. Each constructed survey mark shall include a corrosion resistant metallic disk which indicates horizontal and vertical coordinates of the survey mark and shall contain a magnet or ferromagnetic rod to allow identification through magnetic detection methods.

(c) Survey control standards for the survey marks shall be in accordance with the following:

(i) For the first facility survey mark established from the known control point, minimum horizontal distance accuracy shall be one foot horizontal to two thousand five hundred feet horizontal.

(ii) For each facility survey mark established from the first facility survey mark, minimum horizontal accuracy shall be one foot horizontal distance to five thousand feet horizontal.

(iii) For the first facility survey mark established from the known control point and for each facility survey mark established from the first facility survey mark, minimum vertical accuracy shall be one inch to five thousand feet horizontal.

[comment: certification of the establishment of survey marks should follow the requirements in paragraph (h)(6) of this rule.]

(2) For surface water control structures: surface water run-on and run-off control structures shall comply with the following:

(a) Accommodate the peak flow from the twenty-five year/twenty-four hour storm event.

(b) Minimize silting and scouring.

(c) Use non-mechanical means for all permanent structures.

(3) For sedimentation ponds: sedimentation ponds shall comply with the following:

(a) Minimum storage volume, excluding sediment volume, shall be based on the larger of the following:

(i) The calculated run-off volume from a ten year/twenty-four hour storm event.

(ii) The scheduled frequency of pond clean-out, that shall be no more often than once per year, multiplied by 0.125 acre-feet per year for each acre of disturbed area within the upstream drainage area.

(b) The principal spillway shall safely discharge the flow from a ten-year/twenty-four hour storm event using non-mechanical means.

(c) The inlet elevation of the emergency spillway shall provide flood storage with no flow entering the emergency spillway while allowing flow through the principal spillway during a twenty-five year/twenty-four hour storm event.

(d) The combination of principal and emergency spillways shall safely discharge the flow from a one hundred year/twenty-four hour storm event using non-mechanical means.

(e) The embankment design shall provide for no less than one foot net freeboard when flow is at the design depth, after allowance for embankment settlement.

(4) For permanent ground water control structures: permanent ground water control structures shall adequately control ground water infiltration through the use of non-mechanical means such as impermeable barriers or permeable drainage structures. However, no permanent ground water control structures may be used to dewater an aquifer system, except if the recharge and discharge zone of the aquifer system are located entirely within the boundary of the sanitary landfill facility.

(5) For the in-situ foundation: the unconsolidated or consolidated stratigraphic units that make up the in-situ foundation shall comply with the following:

(a) Be free of debris, foreign material, and deleterious material.

(b) Not be comprised of solid waste.

(c) Not have any abrupt changes in grade that may result in damage to the composite liner system.

(d) Be proof rolled, if applicable.

(e) Be determined to have adequate strength to satisfy bearing capacity and slope stability strength requirements.

(f) Have quality control testing of any stratigraphic units that have not been anticipated and that are more susceptible to slope failure than the stratigraphic units that were tested and reported in the permit to install. This testing shall be in accordance with the following:

(i) The effective shear strength of each unconsolidated stratigraphic unit that may be susceptible to slope failure and the recompacted soil liner shall be determined using astm d3080-98 (direct shear test) or astm d4767-95 (consolidated-undrained triaxial compression test), or astm d6467-99 (torsional ring shear test).

(ii) The undrained shear strength of all applicable unconsolidated stratigraphic units using fully saturated samples shall be determined using astm d2850-95 (unconsolidated-undrained triaxial compression).

[Comment: record drawings for the bottom of recompacted soil liner are required in the certification report. All necessary surveying should be completed before beginning construction of the recompacted soil liner.]

(6) For structural fill: rock fills or soil fills for a structural berm or subbase shall comply with the following:

(a) Be durable rock for rock fills only.

(b) Be free of debris, foreign material, and deleterious material.

(c) Not be comprised of solid waste.

(d) Not have any abrupt changes in grade that may result in damage to the composite liner system.

(e) For soil fills, have pre-construction testing of the borrow soils performed on representative samples to determine the maximum dry density and optimum moisture content according to astm d698-00a (standard proctor), or astm d1557-00 (modified proctor) at a frequency of no less than once for every ten thousand cubic yards.

(f) Be constructed in lifts to achieve uniform compaction of soil fills. Each lift shall comply with the following:

(i) Be constructed in loose lifts of twelve inches or less.

(ii) Be compacted to at least ninety five percent of the maximum dry density as determined by ASTM D698-00a (standard proctor) or at least ninety percent of the maximum dry density as determined by ASTM D1557-00 (modified proctor).

(g) Be determined to have adequate strength to satisfy bearing capacity and slope stability strength requirements.

(h) Have quality control testing of the soil fills on the constructed lifts performed to determine the density and moisture content according to ASTM D2922-01 and ASTM D3017-01 (nuclear methods), ASTM D1556-00 (sand cone), ASTM D2167-94 (rubber balloon) or other methods acceptable to the director or his authorized representative at a frequency of no less than five tests per acre per lift. The locations of the individual tests shall be adequately spaced to represent the constructed area.

(7) For added geologic material: added geologic material shall comply with the following:

(a) Provide at least fifteen feet of isolation distance between the uppermost aquifer system and the bottom of the recompacted soil liner.

(b) Be free of debris, foreign material, and deleterious material.

(c) Not be comprised of solid waste.

(d) Shall have low permeability, good compactability, cohesiveness, relatively uniform texture, and shall not contain large objects in such quantities as may interfere with its application and intended purpose. The soil shall be a well-compacted loam, silt loam, clay loam, silty clay loam, silty clay or other soil types that can achieve the intended purpose.

(e) Not have any abrupt changes in grade that may result in damage to the composite liner system.

(f) Have pre-construction testing of the borrow soils performed on representative samples to determine the following:

(i) The maximum dry density and optimum moisture content according to ASTM D698-00a (standard proctor), or ASTM D1557-00 (modified proctor) at a frequency of no less than once for every ten thousand cubic yards.

(ii) The recompacted laboratory permeability using ASTM D5084-00E1 (falling head) at a frequency of no less than once for every ten thousand cubic yards.

(iii) The grain size distribution according to ASTM D422-63 (sieve and hydrometer) at a frequency of no less than once for every three thousand cubic yards.

(g) Be constructed in lifts to achieve uniform compaction. Each lift shall comply with the following:

(i) Be constructed in loose lifts of twelve inches or less.

(ii) Be constructed of a soil with a maximum clod size that does not exceed the lift thickness.

(iii) Be compacted to at least ninety five percent of the maximum dry density as determined by ASTM D698-00a (standard proctor) or at least ninety percent of the maximum dry density as determined by ASTM D1557-00 (modified proctor).

(iv) Be placed with a soil moisture content that shall not be less than two percent below or more than four percent above the optimum moisture content as determined by ASTM D698-00a or ASTM D1557-00.

(v) Have a maximum permeability of one times ten to the negative five centimeters per second (1 X 10-5cm/sec).

(h) Be determined to have adequate strength to satisfy bearing capacity and slope stability strength requirements.

(i) Have quality control testing of the constructed lifts performed to determine the density and moisture content according to ASTM D2922-01 and ASTM D3017-01 (nuclear methods), ASTM D1556-00 (sand cone), ASTM D2167-92 (rubber balloon) or other methods acceptable to the director or his authorized representative at a frequency of no less than five tests per acre per lift. The locations of the individual tests shall be adequately spaced to represent the constructed area. Any penetrations shall be repaired using bentonite.

(8) For recompacted soil liners: the recompacted soil liner shall comply with the following:

(a) Be at least five feet thick or as follows:

(i) An alternate thickness, to be no less than three feet, based on the result of the calculations outlined in appendix i of this rule.

(ii) Three feet thick if used in conjunction with a geosynthetic clay liner that meets the specifications in paragraph (d)(9) of this rule.

(iii) An alternate thickness, to be no less than one and one-half feet thick, based on the results of the calculations outlined in appendix i of this rule if used in conjunction with a geosynthetic clay liner that meets the specifications in paragraph (d)(9) of this rule.

(iv) Two feet thick for the recompacted soil liner component of an interim composite liner/leachate collection system.

(v) Two feet thick for the recompacted soil liner component of a separatory liner/leachate collection system.

(b) Be free of debris, foreign material, and deleterious material.

(c) Not be comprised of solid waste.

(d) Be placed beneath all areas of waste placement.

(e) Not have any abrupt changes in grade that may result in damage to the geosynthetics.

(f) Have pre-construction testing of the borrow soils performed on representative samples and the results submitted to the appropriate Ohio EPA district office no later than seven days prior to the intended use of the material in the construction of the recompacted soil liner. The pre-construction testing shall determine the following:

(i) The maximum dry density and optimum moisture content according to ASTM D698-00a (standard proctor), or ASTM D1557-00 (modified proctor) at a frequency of no less than once for every one thousand five hundred cubic yards.

(ii) The grain size distribution according to ASTM D422-63 (sieve and hydrometer) at a frequency of no less than once for every one thousand five hundred cubic yards.

(iii) The atterberg limits according to ASTM D4318-00 at a frequency of no less than once for every one thousand five hundred cubic yards.

(iv) The recompacted laboratory permeability according to ASTM D5084-00E1 (falling head) at a frequency of no less than once for every ten thousand cubic yards.

(g) Be constructed in lifts to achieve uniform compaction. Each lift shall include the following:

(i) Be constructed with qualified soils and the corresponding construction details established by written concurrence from Ohio EPA with the test pad certification report required by paragraph (e) of this rule and the following specifications or an alternative to qualifying soils with a test pad if it is demonstrated to the satisfaction of the director or his authorized representative that the materials and techniques will result in each lift having a maximum permeability of 1 X 10-7cm/sec and the following specifications:

(a) With loose lifts of eight inches or less.

(b) With a maximum clod size of three inches or half the lift thickness, whichever is less.

(c) With one hundred percent of the particles having a maximum dimension not greater than two inches.

(d) With not more than ten percent of the particles, by weight, having a dimension greater than 0.75 inches.

(ii) Be compacted to at least ninety-five percent of the maximum dry density as determined by ASTM D698-00A (standard proctor) or at least ninety percent of the maximum dry density as determined by ASTM D1557-00 (modified proctor) or an alternative compaction specification approved by the director.

(iii) Be placed with a minimum soil moisture content that shall not be less than the optimum moisture content as determined by ASTM D698-00A or ASTM D1557-00 or an alternative soil moisture content specification approved by the director.

(iv) Have a maximum permeability of one times ten to the negative seven centimeters per second (1 X 10-7cm/sec).

(h) Be adequately protected from damage due to desiccation, freeze/thaw cycles, wet/dry cycles, and the intrusion of objects during construction and operation.

(i) Be determined to have adequate strength to satisfy bearing capacity and slope stability strength requirements.

(j) Have quality control testing of the constructed lifts performed to determine the density and moisture content according to ASTM D2922-01 and ASTM D3017-01 (nuclear methods), ASTM D1556-00 (sand cone), ASTM D2167-94 (rubber balloon), or other methods acceptable to the director or his authorized representative at a frequency of no less than five times per acre per lift. The locations of the individual tests shall be adequately spaced to represent the constructed area. Any penetrations shall be repaired using bentonite.

(9) For geosynthetic clay liners: a geosynthetic clay liner used in lieu of part of the recompacted soil liner pursuant to paragraph (d)(8) of this rule, or in lieu of the recompacted soil barrier layer, pursuant to paragraph (d)(21) of this rule, shall comply with the following:

(a) Be negligibly permeable to fluid migration.

(b) Have a dry bentonite mass per unit area of at least 0.75 pounds per square foot at zero percent moisture content.

(c) Have pre-construction testing of the geosynthetic clay liner material performed on representative samples and the results submitted to the appropriate Ohio EPA district office no later than seven days prior to the intended use of the material. The pre-construction testing shall determine:

(i) The internal drained shear strength using ASTM D6243-98 (direct shear test) at least twice for the initial use and at least once for each subsequent construction event. Tests involving geosynthetic clay liner material shall be conducted with hydrated samples.

[Comment: If a shear stress point plots below the mohr-coulomb shear strength failure envelope defined by the required factor of safety, it will be considered a failed test.]

(ii) The dry bentonite mass (at zero percent moisture content) per square foot of geosynthetic clay liners according to ASTM D5993-99 at a frequency of no less than once per fifty thousand square feet.

(iii) The interface shear strength according to paragraph (g) of this rule.

(d) Be installed in the following manner:

(i) To allow no more than negligible amounts of leakage by a minimum overlap of six inches, or, for end-of-panel seams, a minimum overlap of twelve inches. Overlap shall be increased in accordance with manufacturer's specifications or to account for shrinkage due to weather conditions.

(ii) In accordance with the manufacturer's specifications in regards to handling and the use of granular or powdered bentonite to enhance bonding at the seams.

(iii) Above the recompacted soil liner when used in liner systems or above an engineered subbase pursuant to paragraph (d)(22) of this rule when used in cap systems. Geosynthetic clay liners without internal reinforcement shall not be used in areas beneath leachate collection piping, in sump areas, or on any slope with a grade that is steeper than ten percent.

(iv) On a surface that shall not have any sharp edged protrusions or any particles protruding more than one quarter of one inch.

(10) For flexible membrane liners. The flexible membrane liner shall comply with the following:

(a) Be, at a minimum, a sixty mil high density polyethylene (hdpe) geomembrane for composite liner systems or be, at a minimum, a forty mil geomembrane for composite cap systems or other materials and/or thicknesses acceptable to the director.

(b) Be physically and chemically resistant to attack by the solid waste, leachate, or other materials that may come in contact with it using U. S. EPA method 9090 or other documented data.

(c) Have pre-construction interface testing performed according to paragraph (g) of this rule.

(d) Be placed above and in direct and uniform contact with the recompacted soil liner or the recompacted soil barrier layer or the geosynthetic clay liner.

(e) Be seamed to allow no more than negligible amounts of leakage; the seaming material shall be physically and chemically resistant to chemical attack by the solid waste, leachate, or other materials that may come in contact with the seams.

(f) Have quality control testing in accordance with the following, unless the manufacturer's specifications for testing are more stringent, in which case the manufacturer's specifications shall be used:

(i) For the purpose of testing every seaming apparatus in use each day, peel tests according to an appropriate method shall be performed on scrap pieces of flexible membrane liner when an apparatus is started, operators change, an apparatus is restarted, or at the beginning of each seaming period.

(ii) Nondestructive testing shall be performed on one hundred percent of the flexible membrane liner seams.

(iii) Destructive testing for peel according to the appropriate astm method shall be performed on randomly selected samples at a frequency of no less than once per five hundred feet of seam completed by a particular seaming apparatus. An alternate means may be used if it is demonstrated to the satisfaction of the director or his authorized representative that the alternate means meets the requirements of this paragraph.

(11) For the liner cushion layer: the liner cushion layer shall be placed above the flexible membrane liner and protect it from damage that may be caused by construction materials and activities and have pre-construction interface testing performed according to paragraph (g) of this rule.

(12) For the leachate collection layer: the leachate collection layer shall be placed above the composite liner system which may be protected by the cushion layer and shall comply with the following:

(a) Be comprised of granular materials that meet the following requirements:

(i) Have a minimum thickness of one foot.

(ii) Have no more than five percent of the particles, by weight, passing through the 200-mesh sieve.

(iii) Have no more than five percent carbonate content by weight.

(iv) Have a minimum permeability of one times ten to the negative two centimeters per second (1 X 10-2cm/sec).

(v) Granular materials shall have quality control testing in accordance with the following at a frequency of no less than once for every three thousand cubic yards of material:

(a) Permeability using astm d2434-68 (constant head).

(b) Grain size distribution using astm d422-63 (sieve).

(c) Carbonate content using astm d3042-97 at a ph of 4.0.

(vi) An alternate material and/or thickness may be used provided that it is demonstrated to the satisfaction of the director or his authorized representative that the material meets the requirements of this paragraph. The appropriate quality control testing and frequency of testing needs to be approved by Ohio EPA prior to use.

(b) A geosynthetic drainage net used in lieu of a granular drainage layer shall meet the following requirements:

(i) Have a minimum transmissivity to ensure that the leachate collection system meets the one foot of head of leachate requirement of this rule. The transmissivity shall be adjusted for elastic deformation, creep deformation, biological clogging, and chemical clogging by using the appropriate reduction factors.

(ii) The composite liner system must be protected from the intrusion of objects during construction and operation by at least twelve inches of permeable material acceptable to the director.

(iii) Have quality control testing for transmissivity using astm d4716-01 at the maximum projected load and a frequency of once per fifty thousand square feet.

(iv) Any geosynthetic materials shall have pre-construction interface testing performed according to paragraph (g) of this rule.

(13) For leachate collection pipes: the leachate collection pipes shall comply with the following:

(a) Be imbedded in the drainage layer.

(b) Be designed not to crush or deform under expected maximum loads and settlement to an extent where the crushing or deformation negatively impacts the performance of the leachate collection and management system.

If an owner or operator is proposing a vertical expansion over areas that have leachate collection pipes in place, the leachate collection pipes will be reevaluated and this performance standard shall be applied to allow for any additional loads or settlement from the vertical expansion. A conservative design may be needed initially to prepare for any possible future expansion.

(c) Be provided with access for clean-out devices which shall be protected from differential settling.

(d) Have lengths and configurations that shall not exceed the capabilities of clean-out devices.

(e) Have joints sealed to prevent separation.

(f) Be physically and chemically resistant to attack by the solid waste, leachate, or other materials with which they may come into contact. Sealing material and means of access for cleanout devices shall also be resistant to physical and chemical attack by the solid waste, leachate, or other materials with which they may come into contact.

(g) An alternative to leachate collection pipes may be used if it is demonstrated to the satisfaction of the director or his authorized representative that the means for leachate transport meet the requirements of this paragraph.

(14) For filter layers: the filter layer of the leachate collection and management system shall comply with the following:

(a) Be placed above the leachate collection layer and leachate collection pipes.

(b) Be designed to minimize clogging of the leachate collection layer, leachate collection pipes, and sumps.

(15) For sumps: the leachate collection and management system shall incorporate an adequate number of sumps that shall comply with the following:

(a) Be protected from adverse effects from leachate and differential settling.

(b) Be equipped with automatic high level alarms located no greater than one foot above the top elevation of the sump.

(16) For leachate conveyance apparatus: the leachate collection and management system shall incorporate adequate measures that will automatically remove leachate from the landfill to the leachate storage tank(s), a permitted discharge to a public sewer, or a permitted waste water treatment system to facilitate the transfer of leachate from the storage tank(s) for the purpose of disposal.

Any leachate conveyance apparatus located outside of the limits of solid waste placement shall comply with the following:

(a) Be monitored, as required by the director or his authorized representative.

(b) Be double cased with a witness zone.

(c) Be protected from the effects of freezing temperatures, crushing, or excess deflection.

(17) For leachate storage tanks: leachate storage tanks shall have adequate storage capacity to receive the anticipated amount of leachate removed during normal operations from the leachate sumps to maintain a maximum one foot of head and at a minimum have at least one week of storage capacity using design assumptions simulating final closure completed in accordance with rule 3745-27-11 of the administrative code. Any leachate storage tanks located outside of the limits of solid waste placement shall be monitored, as required by the director or his authorized representative, and include one of the following:

(a) For above ground leachate storage tanks be provided with spill containment no less than one hundred ten percent of the tank volume.

(b) For underground leachate storage tanks, be double cased with a witness zone.

(18) For access roads: all access roads used for waste hauling that are constructed within the horizontal limits of waste placement shall comply with the following:

(a) Not have grades in excess of twelve percent.

(b) Be designed to be stable and to prevent damage to the liner or cap systems caused by the effects of traffic loading and braking or any other action.

(19) For transitional covers: within sixty days of a portion of the facility reaching final elevations, transitional cover, as specified in rule 3745-27-19 of the administrative code, shall be installed and comply with the following:

(a) A twenty-four inch thick layer of soil that shall be nonputrescible and have low permeability, good compactability, cohesiveness, and relatively uniform texture, and shall not contain large objects in such quantities as may interfere with its application and intended purpose. The soil shall be a well-compacted loam, silt loam, clay loam, silty clay loam, silty clay or other soil types that can achieve the intended purpose.

(b) The soil shall be of sufficient thickness and fertility to support vegetation and shall be seeded as soon as practicable. Healthy grasses or other vegetation shall form a complete and dense vegetative cover within one year of soil placement.

(c) In preparation for construction of the final cap system in accordance with this paragraph, the transitional cover shall be partially or completely removed or otherwise prepared as necessary for construction of the final cap system.

[Comment: The term transitional cover has replaced the term interim final cover.]

(20) For a gas collection system: the gas collection system shall be installed prior to the final cap system and shall comply with the following:

(a) Collect and transport gas and condensate without adversely impacting the final cap system.

(b) Facilitate maintenance to portions of the component without requiring the entire system to be closed down.

[Comment: Condensate may be allowed to remain in the waste mass provided that there is a composite liner and leachate collection system.]

(21) For cap soil barrier layers: design and construction of a recompacted soil barrier layer in the composite cap system shall comply with the following:

(a) Be at least one of the following:

(i) Eighteen inches thick.

(ii) A geosynthetic clay liner that complies with paragraph (d)(9) of this rule with an engineered subbase, constructed in accordance with paragraph (d)(22) of this rule.

(b) Be free of debris, foreign material, and deleterious material.

(c) Not be comprised of solid waste.

(d) Be placed above all areas of waste placement.

(e) Not have any abrupt changes in grade that may result in damage to the geosynthetics.

(f) Have pre-construction testing of the borrow soils performed on representative samples and the results submitted to the appropriate Ohio EPA district office no later than seven days prior to the intended use of the material in the construction of the cap soil barrier layer. The pre-construction testing shall determine the following:

(i) The maximum dry density and optimum moisture content according to ASTM D698-00A (standard proctor), or ASTM D1557-00 (modified proctor) at a frequency of no less than once for every one thousand five hundred cubic yards.

(ii) The grain size distribution according to ASTM D422-63 (sieve and hydrometer) at a frequency of no less than once for every one thousand five hundred cubic yards.

(iii) The recompacted laboratory permeability using ASTM D5084-00E1 (falling head) at a frequency of no less than once for every ten thousand cubic yards.

(g) Be constructed in lifts to achieve uniform compaction. Each lift shall:

(i) Be constructed of soil in accordance with the following:

(a) With loose lifts of eight inches or less.

(b) With a maximum clod size of three inches or half the lift thickness, whichever is less.

(c) With one hundred percent of the particles having a maximum dimension not greater than two inches.

(d) With not more than ten percent of the particles, by weight, having a dimension greater than 0.75 inches.

(e) With at least fifty percent of the particles, by weight, passing through the 200-mesh screen.

(f) Alternative soil specifications may be used provided that it is demonstrated to the satisfaction of the director or his authorized representative that the materials and techniques will result in each lift having a maximum permeability of 1 X 10-6cm/sec.

(ii) Be compacted to at least ninety five percent of the maximum dry density as determined by ASTM D698-00A (standard proctor) or at least ninety percent of the maximum dry density as determined by ASTM D1557-00 (modified proctor) or an alternative compaction specification approved by the director.

(iii) Be placed with a minimum soil moisture content that shall not be less than the optimum moisture content as determined by ASTM D698-00A (standard proctor), or ASTM D1557-00 (modified proctor) or an alternative moisture content specification approved by the director.

(iv) Have a maximum permeability of one times ten to the negative six centimeters per second (1 X 10-6cm/sec).

(h) Be adequately protected from damage due to desiccation, freeze/thaw cycles, wet/dry cycles, and the intrusion of objects during construction of the cap system.

(i) Have quality control testing of the constructed lifts performed to determine the density and moisture content according to ASTM D2922-01 and ASTM D3017-01 (nuclear methods), ASTM D1556-00 (sand cone), ASTM D2167-94 (rubber balloon) or other methods acceptable to the director or his authorized representative at a frequency of no less than five tests per acre per lift. The locations of the individual tests shall be adequately spaced to represent the constructed area. Any penetrations shall be repaired using bentonite.

[Comment: If an acceptable demonstration is made that the transitional cover can be prepared to function as a cap soil barrier layer, the director may approve an alteration for the use of the transitional cover materials in the demonstrated area.]

(22) For engineered subbases: if a geosynthetic clay liner is used in the composite cap system in accordance with paragraph (d)(21) of this rule, it shall be placed above an engineered subbase. Design and construction of the engineered subbase shall comply with the following:

(a) The thickness of the subbase shall be sufficient to achieve an evenly graded surface and shall be a minimum of twelve inches thick.

(b) Be free of debris, foreign material, and deleterious material.

(c) Not be comprised of solid waste.

(d) Not have any abrupt changes in grade that may result in damage to the geosynthetics.

(e) Not have any sharp edged protrusions or any particles protruding more than one quarter of one inch.

(f) Have pre-construction testing of the borrow soils performed on representative samples to determine the maximum dry density and optimum moisture content according to ASTM D698-00A (standard proctor), or ASTM D1557-00 (modified proctor) at a frequency of no less than once for every ten thousand cubic yards.

(g) Be constructed in lifts to achieve uniform compaction. Each lift shall include the following:

(i) Be constructed of soil as follows:

(a) Be constructed in loose lifts of twelve inches or less.

(b) Be constructed of a soil with a maximum clod size that does not exceed the lift thickness.

(ii) Be compacted to at least ninety five percent of the maximum dry density as determined by ASTM D698-00A (standard proctor) or at least ninety percent of the maximum dry density as determined by ASTM D1557-00 (modified proctor).

(h) Have quality control testing of the constructed lifts performed to determine the density and moisture content according to ASTM D2922-01 and ASTM D3017-01 (nuclear methods), ASTM D1556-00 (sand cone), ASTM D2167-94 (rubber balloon) or other methods acceptable to the director or his authorized representative at a frequency of no less than five tests per acre per lift. The locations of the individual tests shall be adequately spaced to represent the constructed area. Any penetrations shall be repaired using bentonite.

[Comment: If an acceptable demonstration is made that the transitional cover can be prepared to function as an engineered subbase, the director may approve an alteration for the use of the transitional cover materials in the demonstrated area.]

(23) For cap geosynthetic clay liners: a geosynthetic clay liner meeting the requirements of paragraph (d)(9) of this rule shall be placed above the engineered subgrade in the composite cap system.

(24) For cap flexible membrane liners: a flexible membrane liner meeting the requirements of paragraph (d)(10) of this rule shall be placed above the recompacted soil barrier layer or the geosynthetic clay liner in the composite cap system.

(25) For the cap drainage layers: the drainage layer for the composite cap system shall comply with the following:

(a) Be comprised of granular materials that meet the following requirements:

(i) Have a minimum thickness of one foot.

(ii) Not clog or freeze.

(iii) Not damage the underlying flexible membrane liner.

(iv) Have no more than five percent of the particles, by weight, passing through the 200-mesh sieve.

(v) Have no greater than ten percent carbonate content by weight.

(vi) Have a minimum permeability of one times ten to the negative three centimeters per second (1 X 10-3cm/sec).

(vii) Granular materials shall have quality control testing in accordance with the following at a frequency of no less than once for every three thousand cubic yards of material:

(a) Permeability using ASTM D2434-68 (constant head).

(b) Grain size distribution using ASTM D422-63 (sieve).

(c) Carbonate content using ASTM D3042-97 at a ph of 4.0.

(viii) An alternative material and/or thickness may be used provided it is demonstrated to the satisfaction of the director or his authorized representative that the material meets the requirements of this paragraph. The appropriate quality control testing and frequency of testing needs to be approved by Ohio EPA prior to use.

(b) A geosynthetic drainage net used in lieu of a granular drainage layer shall meet the following requirements:

(i) Have a minimum transmissivity to ensure that the cap system meets the slope stability requirements of this rule. The transmissivity shall be adjusted for elastic deformation, creep deformation, biological clogging, and chemical clogging by using the appropriate reduction factors.

(ii) The composite liner system must be protected from the intrusion of objects during construction.

(iii) Have quality control testing for transmissivity using ASTM D4716-01 at the maximum projected load and a frequency of once per fifty thousand square feet.

(iv) Any geosynthetic materials shall have pre-construction interface testing performed according to paragraph (g) of this rule.

(26) For cap protection layers: a cap protection layer shall comply with the following:

(a) Be placed above the cap drainage layer.

(b) Be a minimum of thirty-six inches thick for facilities located in the northern tier of counties in Ohio (williams, fulton, lucas, ottawa, erie, lorain, cuyahoga, lake, geauga, and ashtabula counties) and thirty inches thick for facilities located elsewhere in ohio. The thickness of the drainage layer may be used to satisfy the thickness requirement of the cap protection layer.

(c) Have a maximum projected erosion rate of five tons per acre per year.

(d) Have sufficient fertility in the uppermost portion to support vegetation.

(e) Be constructed as follows:

(i) With best management practices for erosion control.

(ii) In a manner that healthy grasses or other vegetation shall form a complete and dense vegetative cover within one year of placement.

(27) For explosive gas control systems: an explosive gas control system shall not compromise the integrity of the cap system, the leachate management system, or the composite liner system, and shall comply with the following:

(a) Accommodate waste settlement.

(b) Provide for the removal of condensate.

(c) Prevent lateral movement of explosive gas from the sanitary landfill facility.

(d) Prevent fires within the limits of solid waste placement.

(E) Test pad construction and certification. The construction of the recompacted soil liner shall be modeled by an approved test pad. The test pad shall determine the construction details required to achieve the permeability standard for recompacted soil liners and shall establish a set of parameters for certification of the soils to be used in the construction of the recompacted soil liner. Test pad construction and certification shall comply with the following:

(1) Be designed such that the proposed tests are appropriate and the results of each test are valid.

(2) Have an area large enough to perform valid field permeability testing and a minimum width three times the width of compaction equipment, and a minimum length two times the length of compaction equipment, including power equipment and any attachments.

(3) Have a thickness of no less than thirty inches.

(4) Have the following pre-construction testing performed on representative samples of the test pad construction soils at a minimum frequency of twice per lift for:

(a) The maximum dry density and optimum moisture content according to ASTM D698-00A (standard proctor), or ASTM D1557-00 (modified proctor).

(b) Grain size distribution using ASTM D422-63 (sieve and hydrometer).

(c) Atterberg limits using ASTM D4318-00.

(5) Be constructed as follows:

(a) Prior to the construction of the sanitary landfill component that the test pad will models.

(b) The construction details include the following:

(i) The maximum loose lift thickness.

(ii) The minimum soil moisture content that shall not be less than the optimum moisture content as determined by ASTM D698-00A or ASTM D1557-00.

(iii) The minimum soil dry density that shall not be less than ninety five percent of the maximum "standard proctor density" using ASTM D698-00A or at least ninety percent of the maximum "modified proctor density" using ASTM D1557-00.

(iv) The specific type and weight of compaction equipment manufactured for the purpose of compacting cohesive soils.

(v) The minimum number of passes of the compaction equipment. For the purpose of this rule, one pass is defined as a single contact of the compactor over an area.

(6) Be reconstructed as follows:

(a) With new borrow soil as many times as necessary to meet the permeability requirement.

(b) Whenever there is a significant change in soil material properties.

(c) Whenever the owner or operator would like to amend the construction details.

(7) Have quality control testing of the constructed lifts performed to determine the density and moisture content according to ASTM D2922-01 and ASTM D3017-01 (nuclear methods), ASTM D1556-00 (sand cone), ASTM D2167-94 (rubber balloon) or other methods acceptable to the director or his authorized representative at a frequency of no less than three tests per lift. The locations of the individual tests shall be adequately spaced to represent the constructed area. Any penetrations shall be repaired using bentonite.

(8) Have post-construction testing performed for field permeability using one of the following:

(a) ASTM D6391-99 (two stage borehole).

(b) ASTM D3385-94 (double ring infiltrometer).

(c) ASTM D5093-90 (sealed double ring infiltrometer).

(d) Other methods acceptable to the director or his authorized representative.

(9) Be described in a certification report, signed and sealed by a professional engineer registered in the state of ohio, containing a narrative that proposes: the construction details, the range of soil properties that will be used to construct the recompacted soil liner, and the results of all the testing required by this paragraph. The report shall be submitted to the appropriate Ohio EPA district office for written concurrence no later than fourteen days prior to the intended construction of the recompacted soil liner that will be modeled by the test pad.

(10) An alternative to the test pads required by this rule may be used if it is demonstrated to the satisfaction of the director or his authorized representative that the alternative meets the permeability requirements in this rule.

(F) [Reserved.]

(G) Pre-construction interface testing and reporting. The specific soils and representative samples of the geosynthetic materials that will be used at the site shall be tested for interface shear strength over the entire range of normal stresses that will develop at the facility. Prior to the initial use of each specific geosynthetic material(s) in the construction of engineered components at a facility, the appropriate shear strengths for all soil to geosynthetic and geosynthetic to geosynthetic interfaces that include the material(s) shall be determined at least twice using ASTM D5321-92 (direct shear test) or ASTM D6243-98 (direct shear test for gcl) and at least once for each subsequent construction event using samples of the materials identified by the initial two tests to be at the highest risk for slope failure. Tests involving the flexible membrane liner interface shall be conducted with a recompacted soil that has the highest moisture content and the lowest density specified for construction of the recompacted soil liner. Tests involving Geosynthetic clay liner material shall be conducted with hydrated samples. The results of pre-construction testing required by this rule must meet all applicable specifications in this rule and the set of approved parameters in the permit to install application that were established by the slope stability analysis and shall be evaluated and signed and sealed by a professional engineer registered in the state of Ohio and submitted to the appropriate Ohio EPA district office no later than seven days prior to the intended use of the materials.

[Comment: If a shear stress point plots below the shear strength failure envelope defined by the required factor of safety, it will be considered a failed test.]

[Comment: In order to initially test a soil to geosynthetic interface, one should run two tests over the entire range of normal stress to determine the shear strength failure envelope of that interface. Each test should consist of a representative sample of soil and geosynthetic.]

(H) Construction certification report. Pursuant to rule 3745-27-19 of the administrative code, a construction certification report shall be prepared and signed and sealed by a professional engineer registered in the state of Ohio and other professionals skilled in the appropriate discipline(s) and submitted to Ohio EPA and to the approved health department. Copies of the daily construction activity logs must be kept at the facility and upon request made available to Ohio EPA. The construction certification report shall include the following:

(1) A narrative section that identifies the engineering components that were constructed during the construction event and includes the following:

(a) A summary of the design and construction specifications given in the approved permit to install and a comparison with the components that were constructed during the construction event.

(b) A summary of how construction was impacted by weather and equipment limitations and other difficulties encountered.

(2) All alterations and other changes that relate to the installation of any of the components to be certified are to be presented as follows:

(a) A listing of all alterations previously concurred with by Ohio EPA.

(b) All alteration requests and supporting documentation which are proposed for concurrence. The alteration request shall be equivalent or more protective than the approved permit to install.

[Comment: Rule 3745-27-19 of the administrative code requires that the owner or operator obtain Ohio epa's written concurrence with the certification report prior to placing waste in the phase. If an alteration will be submitted within a certification report, it is highly recommended that the appropriate district office of Ohio EPA be notified prior to construction. Ohio EPA may not concur with alterations submitted after they are constructed. If this occurs, reconstruction or amendment of the altered component will be required prior to waste placement.]

(c) A list of any other changes made by the owner or operator which do not require Ohio EPA concurrence but which affect construction or the record drawings.

[Comment: The listing of these changes is for Ohio epa's informational purposes only.]

(3) Results of all testing required by this rule and the quality assurance/quality control plan for the construction of any engineered component or group of components. If the results of pre-construction testing of borrow soils were submitted in a format that is acceptable to Ohio epa, only summary tables of data need to be included in the construction certification report.

However, if a quality assurance/quality control plan is not required by the applicable authorizing document(s), including an approved permit(s) to install, plan approval, operational report, or approved closure plan, the owner or operator shall include the results of testing, testing procedures, sampling frequency and location, parameters tested for, etc., performed to certify compliance with this rule.

[Comment: All quality assurance/quality control tests that do not meet the specifications outlined in this rule or the approved permit to install are failed tests that must be investigated and assessed. An area with a verified failure must be reconstructed to meet specifications. Reconstructed areas shall be retested at a frequency acceptable to the director. Reconstruction and retesting shall be performed in accordance with rule 3745-27-19 of the administrative code.]

(4) Results of all surveys required by this rule, the quality assurance/quality control plan, or the approved permit to install for the construction of any engineered component or group of components. Survey data shall at a minimum be reported in a table(s) at the northing and easting for each designated survey point established to be no more than one hundred feet apart. The northings and eastings shall be based on the grid system established in the permit in accordance with rule 3745-27-06 of the administrative code. If the permit to install does not establish a grid system, the owner or operator shall establish a grid system for the purposes of construction certification. Additional points should be established at grade breaks and other critical locations.

(a) For the purpose of confirming the constructed elevations of the composite liner system and its distance to the uppermost aquifer system, the bottom of recompacted soil liner elevations shall be compared to the elevations in the approved permit to install.

(b) The survey grid shall also be used to demonstrate the thickness of the following constructed components with a comparison of the constructed thickness to the thickness specified in the approved permit to install:

(i) Added geologic material.

(ii) The recompacted soil liner.

(iii) The leachate collection layer.

(iv) The separatory soil barrier layer.

(v) The separatory leachate collection layer

(vi) The cap drainage layer.

(vii) The cap protection layer.

(5) Record drawings of the constructed facility components showing the following:

(a) Plan views with topographic representation with the elevations of the top of recompacted soil liner and the location of any berms and leachate collection pipes with inverts noted.

(b) Plan views with topographic representation with the elevations of the top of the separatory soil barrier layer and the location of any berms and leachate collection pipes with inverts noted.

(c) Plan views with topographic representation with the horizontal limits of all existing waste and the top elevations of the composite cap system and surface water control structures including permanent ditches to control run on and run off; and sedimentation ponds including the inlet and outlet; and any permanent ground water control structures.

(d) Plan views of the deployment of the flexible membrane liner panels and the location and identification of the destructive tests and all repairs.

(e) The location and as-built detail drawings of all components to be certified using the same views as required in rule 3745-27-06 of the administrative code.

(f) If the certification report is submitted for the composite cap system, cross sections showing the top elevations of the existing waste, top elevation of the composite cap system, and the elevations of the surface water management system. The cross sections shall be taken at the same locations and using the same scale as in the approved permit to install. Otherwise, the cross sections shall be taken at an interval no greater than every three hundred feet of length and width.

(6) After the initial construction and establishment of facility survey marks, the following information summarizing the activities performed to construct and establish the facility survey marks:

(a) An identification and description of the known control point(s) used to establish the horizontal and vertical coordinate(s) of the facility survey marks.

(b) The horizontal and vertical coordinates of the known control point(s) and facility survey marks.

(c) A summary of surveying activities performed in determining the coordinates of the facility survey marks.

(d) A copy of the 7.5 minute series quadrangle sheet(s) used in establishing the survey marks with the known control point(s) and the location of the facility survey marks clearly identified.

(e) A detailed drawing(s) illustrating the design of the facility survey marks, as constructed.

(7) Qualifications of testing personnel. A description of the experience, training, responsibilities in decision making, and other qualifications of the personnel that provided construction oversight and conducted all the testing on the engineered components for which the certification report is submitted.

(8) Documentation demonstrating that any oil or gas wells that have been identified within the limits of solid waste placement have been properly plugged and abandoned in accordance with Chapter 1509. Of the Revised Code prior to any construction in the area of the well(s).

(9) A notarized statement that, to the best of the knowledge of the owner or operator, the certification report is true, accurate, and contains all information required by this rule and by a quality assurance/quality control plan.

[Comment: A recommended format for the certification report will be developed by Ohio epa]

Appendix I

Equation

(1) D = N

*( 6.6 X 10-9), Where:

D = Liner thickness (ft), not to exceed 5 feet.

N = Time (seconds), calculated in procedure (3)

Equation (2) t = D/AK, where:

T = time (seconds)

D = thickness of geologic stratum (cm)

K = hydraulic conductivity of geologic stratum (cm/sec)

A = constant determined by type of geologic stratum where:

A = 2.0 for clay

A = 2.5 for silt

A = 3.5 for sand or gravel

A = 5.0 for fractured bedrock

A = the inverse of the porosity of the non-fractured bedrock material

Procedure:

(1) Calculate t for each geologic stratum that is to be present between the uppermost aquifer system and the base of the recompacted soil liner using equation (2).

(2) The values for t calculated in procedure (1) shall be summed to yield t for the entire section between the uppermost aquifer system and the base of the recompacted soil liner.

(3) Subtract t from 7.9 X 10 8seconds to get n (seconds).

(4) Insert n into equation (1) to determine required liner thickness.

R.C. 119.032 review dates: 05/28/2014 and 04/24/2019
Promulgated Under: 119.03
Statutory Authority: 3734.02 , 3734.12
Rule Amplifies: 3734.02 , 3734.12
Prior Effective Dates: 3/1/1990, 6/1/1994, 8/15/2003

3745-27-09 Sanitary landfill facility operating record.

(A) Applicability.

The owner or operator of a sanitary landfill facility shall establish an operating record, which shall be an indexed repository of documents pertaining to a single sanitary landfill facility. An owner or operator is not subject to the requirements of this rule, if, prior to June 1, 1994, the owner or operator has ceased acceptance of solid waste in all units of the sanitary landfill facility as determined by the notification required by paragraph (E) of rule 3745-27-11 of the Administrative Code.

(B) Establishing and maintaining an operating record.

(1) The owner or operator of a new sanitary landfill facility shall establish the operating record by placing in the operating record the documents specified in paragraph (I) of this rule prior to waste receipt at the sanitary landfill facility.

(2) The owner or operator of a sanitary landfill facility receiving solid waste on or after June 1, 1994, shall maintain the operating record in accordance with this rule.

[Comment: Implementation deadlines and other reporting requirements are found in other parts of the this chapter, including rules 3745-27-10 , 3745-27-11 , 3745-27-12 , 3745-27-14 , 3745-27-15 , 3745-27-16 , 3745-27-18 , 3745-27-19 , and 3745-27-20 of the Administrative Code.]

(C) Location and inspection of operating record.

The operating record shall be located at the sanitary landfill facility. Upon the commencement of the post-closure care period for all units of a sanitary landfill facility, the director may approve an alternative location for the operating record.

The operating record shall be available for inspection by Ohio EPA and the approved health department during normal business hours.

(D) Contents of documents in operating record.

(1) All documents submitted into the operating record shall comply with the requirements of the applicable regulations.

(2) The owner or operator may revise documents previously placed in the operating record by placing the revised document, or the revised portion of the document, into the operating record. The owner or operator shall clearly indicate in the revised document the changes made to the document.

Whenever a document is revised, the owner or operator shall promptly submit to Ohio EPA and the approved health department a copy of the revised document, or revised portion of the document, and a revised operating record index by regular mail. This submission is in addition to annual submission by certified mail or any other form of mail accompanied by a receipt of the operating record index.

(3) The owner or operator shall not submit documents or revisions to documents to the operating record which constitute either of the following:

(a) A "modification" as that term is defined in of rule 3745-27-02 of the Administrative Code without first obtaining a permit to install from Ohio EPA.

(b) An "alteration" as that term is defined in paragraph (A) of rule 3745-27-01 of the Administrative Code without first obtaining written concurrence from Ohio EPA.

(E) Review of documents by Ohio EPA.

Ohio EPA may review documents in the operating record and require changes or additional submissions if the documents do not satisfy the requirements of Chapter 3745-27 or 3745-37 of the Administrative Code. Upon receipt of notification that a document does not comply with the applicable requirements specified in Chapter 3745-27 of the Administrative Code, the owner or operator shall change the document to attain compliance with the applicable requirements.

(F) Annual update of the operating record.

The owner or operator shall update the operating record, at least annually, no later than April first of each year during both the operating life of the facility and the post-closure care period, by doing the following:

(1) Placing all new documents or revisions to existing documents into the operating record.

(2) Mailing, via certified mail or any other form of mail accompanied by a receipt, a current operating record index in accordance with paragraph (I)(1) of this rule to Ohio EPA and the approved health department.

[Comment: In accordance with the requirements of other rules, the owner or operator may be required to submit documents to Ohio EPA at other times, e.g. ground water data must be submitted within seventy-five days of sampling a well in accordance with paragraph (C)(10) of rule 3745-27-10 of the Administrative Code.]

(G) Removal of documents from the operating record.

Documents may not be removed from the facility operating record without the written approval of the appropriate Ohio EPA district office. Such written approval shall clearly identify the documents to be removed and the circumstances justifying removal. Pages and/or plan sheets of documents in the operating record may be removed without prior approval when corresponding revised pages and/or plan sheets have been submitted into the operating record in accordance with this rule.

(H) Signature.

(1) Documents or revisions to documents submitted to the operating record shall be signed by the owner or operator and the person(s) responsible for the preparation and/or review of the documents, if not the owner or operator.

(2) The signature shall constitute a personal affirmation that to the best of the knowledge of the signor the submitted documents are true and complete and comply with the requirements of Chapter 3734. of the Revised Code and the rules adopted thereunder. The signature shall be notarized for the following documents:

(a) Operating record index.

(b) Any revisions to a document.

(I) Operating record contents. The operating record shall consist of the following documents:

(1) An operating record index. The operating record index shall clearly identify each document in the operating record and the date of each document's initial submittal and the date of all subsequent revisions submitted into the operating record. The operating record index shall include a summary of the contents of each document and a description of each revision made to a document.

(2) The approved permit(s) to install, operational report, and/or plan approval, whichever document(s) is applicable. In addition, if not contained in the permit to install application, include the following as appropriate:

(a) The PCB and hazardous waste prevention and detection program that is required by rule 3745-27-19 of the Administrative Code.

(b) Financial assurance instruments for final closure and post-closure care required by rules 3745-27-15 and 3745-27-16 of the Administrative Code.

(c) The "explosive gas monitoring plan" required pursuant to rule 3745-27-12 of the Administrative Code.

(d) Ground water detection monitoring plan required pursuant to rule 3745-27-10 of the Administrative Code.

(e) The final closure/post-closure care plan and all other plans, notifications, and documents required pursuant to rule 3745-27-11 of the Administrative Code.

(f) The location restriction demonstrations required by rule 3745-27-20 of the Administrative Code.

(g) The surface water control system structures design, if any, in accordance with rule 3745-27-19 of the Administrative Code.

(3) Copies of any alterations concurred with in writing by Ohio EPA which change the requirements of the approved permit(s) to install, operational report, and/or plan approval that are not included as a part of a certification report.

(4) For those facilities which were required to designate existing and new units in accordance with paragraph (M) of this rule effective June 1, 1994, the plan drawings required by that paragraph.

(5) The interim composite liner/leachate collection system design, if required by paragraph (A)(2) of rule 3745-27-20 of the Administrative Code.

(6) The annual operational report required by rule 3745-27-19 of the Administrative Code.

(7) Inspection records, generator certifications, waste screening documentation, or notifications for the PCB and hazardous waste prevention and detection program that are required by rule 3745-27-19 of the Administrative Code.

(8) All construction, final closure, or interim final cover certification reports required to be submitted by this chapter, that are submitted after June 1, 1994.

(9) All explosive gas monitoring information required to be collected after June 1, 1994, and all other plans, notifications, and documents required to be prepared or submitted after June 1, 1994, pursuant to rule 3745-27-12 of the Administrative Code.

(10) All ground water monitoring information required to be collected after June 1, 1994, and all other plans, notifications, and documents required to be prepared or submitted after June 1, 1994, pursuant to rule 3745-27-10 of the Administrative Code.

(11) All other notifications and documents required pursuant to rule 3745-27-11 of the Administrative Code.

(12) The current operating license for the sanitary landfill facility.

(13) Copies of all effective permits issued for the facility by the director under Chapter 3704. or 6111. of the Revised Code and a listing of any pending permit applications submitted for the facility in accordance with Chapter 3704. or 6111. of the Revised Code.

(14) A copy of all administrative and judicial orders, judgments, and settlement agreements issued in accordance with Chapter 3734. of the Revised Code and a copy of all administrative and judicial orders, judgments and settlement agreements issued after June 1, 1994 in accordance with Chapters 3704., 3767., and 6111. of the Revised Code that pertain to the sanitary landfill facility.

(15) Other environmental monitoring plans, other information, or other documents as may be required by this chapter after June 1, 1994.

(16) If applicable, the financial assurance instrument for corrective measures required by rule 3745-27-18 of the Administrative Code.

(J) Schedule for implementation of documents in operating record.

The owner or operator shall implement the appropriate documents in the operating record in accordance with the schedules and requirements of Chapter 3745-27 of the Administrative Code.

[Comment: The owner or operator should refer to the following rules for implementation deadlines and requirements: rule 3745-27-10 of the Administrative Code(ground water monitoring program); rules 3745-27-11 and 3745-27-14 of the Administrative Code(final closure and post-closure care); rule 3745-27-12 of the Administrative Code(explosive gas monitoring program); rules 3745-27-15 , 3745-27-16 , and 3745-27-18 of the Administrative Code(financial assurance); rule 3745-27-19 of the Administrative Code(certification reports, surface water management, PCB and hazardous waste prevention and detection program); and rule 3745-27-20 of the Administrative Code(installation of interim composite liner/leachate collection system, location restriction demonstrations).]

R.C. 119.032 review dates: 04/23/2014 and 04/23/2019
Promulgated Under: 119.03
Statutory Authority: 3734.02 , 3734.12
Rule Amplifies: 3734.02 , 3734.12
Prior Effective Dates: 3/1/1990, 6/1/1994, 8/15/2003, 7/1/2004

3745-27-10 Ground water monitoring program for a sanitary landfill facility.

(A) Applicability.

(1) General applicability. In accordance with the schedule in paragraphs (A)(2) and (A)(3) of this rule, the owner or operator of a sanitary landfill facility shall implement a "ground water monitoring program" capable of determining the impact of the facility on the quality of ground water occurring within the uppermost aquifer system and all significant zones of saturation above the uppermost aquifer system underlying the sanitary landfill facility. The "ground water monitoring program" has the following elements:

(a) A "ground water detection monitoring program" which shall be documented within a ground water detection monitoring plan. The ground water detection monitoring plan shall be submitted into the operating record in accordance with rule 3745-27-09 of the administrative code. The ground water detection monitoring plan shall include, but is not limited to, a description of the following:

(i) A monitoring system in accordance with paragraph (B) of this rule,

(ii) Sampling and analysis procedures, including an appropriate statistical method, in accordance with paragraph (C) of this rule,

(iii) Detection monitoring procedures, including monitoring frequency and a parameter list, in accordance with paragraph (D) of this rule,

(b) A "ground water quality assessment monitoring program" which is implemented when there is a statistically significant increase over background of waste-derived constituents within the ground water system determined during detection monitoring unless a demonstration of a false positive is presented under paragraph (D)(7)(c)(i) of this rule or presented and approved under paragraph (D)(7)(c)(ii) of this rule. A "ground water quality assessment monitoring program" includes, but is not limited to, the following:

(i) A "ground water quality assessment plan" in accordance with paragraphs (E)(4) and (E)(5) of this rule.

(ii) Determinations of rate, extent, and concentration of Waste-derived constituents detected in the ground water in accordance with paragraph (E)(5) of this rule,

(iii) Notification to persons residing on or owning land above the contaminant plume in accordance with paragraph (E)(11) of this rule,

(iv) Submission of a "ground water quality assessment report" in accordance with paragraph (E)(7) of this rule,

(v) Where applicable, the requirements of paragraphs (B) to (D) of this rule.

(vi) Where applicable, submission of a compliance monitoring plan in accordance with paragraph (E)(8) of this rule.

(c) A "corrective measures program" which is implemented when Waste-derived constituents from the facility have entered the ground water. A "corrective measures program" includes, but is not limited to, the following:

(i) A "corrective measures plan" in accordance with paragraphs (F)(2) and (F)(3) of this rule,

(ii) Proposed concentration levels in accordance with paragraph (F)(7) of this rule,

(iii) A public meeting held to discuss the results of the "ground water quality assessment report" and "corrective measures plan" with interested persons in accordance with paragraph (F)(4) of this rule;

(iv) Selection and implementation of a corrective measure in accordance with paragraphs (F)(10) of this rule,

(v) Where applicable, the requirements of paragraphs (B) to (D) of this rule.

(2) Schedule for implementation of revisions to the ground water monitoring program.

(a) THE owner or operator of AN operating sanitary landfill facility subject to rule 3745-27-19 of the Administrative Code, shall make any applicable revisions to the facility"ground water monitoring program". Submit revisions to the operating record, and implement any measures required by amendments to this rule within two hundred seventy days of the effective date of the rule.

(b) The owner or operator of a sanitary landfill facility that IS subject to post closure care in accordance with rule 3745-27-14OFTHEadministrativecode and that ceased acceptance of waste after March 1, 1990, as determined by the notification required by paragraph (E) of rule 3745-27-11 of the Administrative code, shall revise their ground water monitoring program to comply with this rule.

The owner or operator of a facility subject to rule 3745-27-09 of the administrative code shall submit and implement revisions to the operating record within two hundred seventy days of the effective date of this rule. The owner or operator of a facility not subject to rule 3745-27-09 of the Administrative Code shall implement the revisions and mail copies of the revisions by certified mail, or any other form of mail accompanied by a receipt, to Ohio EPA and the approved health department within two hundred seventy days of the effective date of this rule.

[Comment: Owners and operators are only required to revise the portions of the facility's current ground water monitoring plans that do not comply with the amendments to this rule and are not required to submit a whole new plan. All variance approvals issued under the provisions of this rule continue in effect.]

[Comment: All owners or operators of facilities currently operating, and those that have closed since March 1, 1990, shall amend their closure plans and ground water monitoring program plans to comply with this rule. The only exception to this requirement is for those owners or operators required to follow a past version of this rule by an order of the director.]

(c) The owner or operator of a sanitary landfill facility that is subject to post closure care in accordance with rule 3745-27-14 of the administrative code and is conducting a ground water monitoring program under findings and orders issued by the director shall continue monitoring, pursuant to findings and orders.

(d) The owner or operator of a sanitary landfill facility conducting a ground water monitoring program subject to paragraph (A)(2)(c) of this rule may request, on forms prescribed by the director, to comply with rule 3745-27-10 of the administrative code except for the provisions of paragraph (a)(2)(c) of this rule. Upon the director's approval of the request, the owner or operator shall then comply with rule 3745-27-10 of the administrative code except for the provisions of paragraph (A)(2)(c) of this rule. Upon the director's approval of the request, the owner or operator shall then comply with rule 3745-27-10 of the Administrative Code except for the provisions of (a)(2)(c) of this rule.

[Comment: There are landfill facilities currently required to follow past versions of this rule due to orders from the director. Paragraph (C) of this rule allows these facilities to continue to follow the orders issued by the director. Paragraph (D) of this rule allows the owners or operators of facilities under orders to follow past versions of this rule to request modification of the applicable order to allow them to follow the current version of this rule.]

(3) The owner or operator shall implement and comply with the requirements of a "ground water quality assessment monitoring program" and/or a "corrective measures program" when required by paragraph (E) or (F) of this rule. Implementation shall be in accordance with the timeframes specified in paragraphs (E) and (F) of this rule.

(4) For the purposes of this rule, the ground water monitoring program, which includes the detection monitoring program, and where required, the assessment monitoring and corrective measures programs, ARE implemented upon the commencement of sampling of ground water monitoring wells in accordance with paragraphs (D), (E), or (F) of this rule.

(5) A qualified ground water scientist shall certify, in accordance with rule 3745-27-09 of the Administrative Code, Any"ground water Detection monitoring plan," the "ground water quality assessment plan," the compliance monitoring plan, and the "corrective measures plan," and any revisions thereof and reports and data, submitted in accordance with this rule.

(6) The ground water monitoring program shall be documented within the operating record. Any revision(s) to the ground water monitoring program shall be submitted to the operating record in accordance with rule 3745-27-09 of the administrative code prior to implementation of the revision(s). The owner or operator of a facility not subject to rule 3745-27-09 of the administrative code shall mail copies of the revisions by certified mail, or any other form of mail accompanied by a receipt, to Ohio EPA and the approved health department prior to implementation of the revision(s). No approval is necessary prior to implementing the revision(s) to the ground water monitoring program unless specifically required by this rule.

(B) Ground water monitoring system.

(1) The ground water monitoring system, for detection monitoring, assessment monitoring, or corrective measures, shall consist of a sufficient number of wells, installed at appropriate locations and depths, to yield ground water samples from both the uppermost aquifer system and any significant zones of saturation that exist above the uppermost aquifer system that do the following:

(a) Represent the quality of the background ground water that has not been affected by past or present operations at the sanitary landfill facility,

(b) Represent the quality of the ground water passing directly downgradient of the limits of solid waste placement.

The director may require or otherwise authorize an owner or operator to conduct surface water monitoring (i.e. Seeps, springs or streams) as part of the ground water monitoring system in areas where it may not be practical to place a well. Such surface water samples shall be representative of ground water quality passing directly downgradient of the limits of solid waste placement.

[Comment: The director's authorization to conduct surface water monitoring under this rule should include provisions for: sampling procedures; constituents to be analyzed; and analyzing the resulting data.]

(2) Where the uppermost aquifer system exists more than one hundred fifty feet beneath the recompacted clay liner of the sanitary landfill facility, the ground water monitoring system shall consist of a sufficient number of wells, installed at appropriate locations and depths, to yield ground water samples from an adequate number of significant zones of saturation, in accordance with paragraphs (B)(1)(a) and (B)(1)(b) of this rule, to ensure detection of any contaminant release from the facility.

(3) All monitoring wells shall be designed, installed, and developed in a manner that allows the collection of ground water samples that are representative of ground water quality in the geologic unit being monitored. And that are in accordance with the following criteria:

(a) Monitoring wells shall be cased in a manner that maintains the integrity of the monitoring well boreholes,

(b) The annular space (i.e., the space between the borehole and the well casing) above the sampling depth shall be sealed to prevent the contamination of the samples and the ground water,

(c) The casing shall be screened or perforated and surrounded by sand or gravel in such a way that allows For the following:

(i) For the minimization of the passage of formation materials into the well,

(ii) For the monitoring of discrete portions of the uppermost aquifer system or any significant zones of saturation above the uppermost aquifer system,

(d) The owner or operator shall document in the operating record, in accordance with rule 3745-27-09 of the Administrative Code, the design, installation, development, Maintenance and abandonment of any monitoring wells, piezometers, and other measurement, sampling, and analytical devices,

(e) The monitoring wells, piezometers, and other measurement, sampling, and analytical devices shall be operated and maintained to perform to design specifications throughout the life of the monitoring program.

(f) Monitoring wells constructed or used for the purposes of this rule are not required to comply with Chapter 3745-9 of the administrative code.

(4) The number, spacing, and depth of ground water monitoring wells shall be as follows:

(a) Based on site specific hydrogeologic information including that information listed in paragraphs (c)(3)(a) to (c)(3)(g) of rule 3745-27-06 of the Administrative Code,

(b) Capable of detecting a release from the sanitary landfill facility to the ground water at the closest practicable location to the limits of solid waste placement.

(5) The owner or operator shall evaluate, at least annually until the end of the post-closure care period, the ground water surface elevation data obtained in accordance with paragraph (c)(3) of this rule to determine whether the requirements of paragraph (b) of this rule for locating the monitoring wells continue to be satisfied. The results of this evaluation including potentiometric maps for every geologic unit monitored shall be included in a report to be submitted to the appropriate Ohio EPA district office not later than twelve months from the previous report submitted to comply with this paragraph. If the evaluation shows that paragraph (b) of this rule is no longer satisfied, the owner or operator shall immediately revise the number, location, and/or depth of the monitoring wells to bring the ground water monitoring system into compliance with this requirement and place documentation of the revision into the operating record in accordance with paragraph (b)(3)(d) of this rule.

(C) The owner or operator shall comply with the following requirements regarding ground water sampling, analysis, and statistical methods.

(1) General requirements. The ground water monitoring program shall include consistent sampling and analysis procedures and statistical methods that are protective of human health and the environment and that are designed to ensure monitoring results that provide an accurate representation of ground water quality at the background and downgradient wells installed in accordance with paragraph (b), (d), (e), or (f) of this rule. The following shall be included in the "ground water detection monitoring plan," "ground water quality assessment monitoring plan," compliance monitoring plan, and "corrective measures plan.":

(a) A written sampling and analysis plan, which documents the sampling and analysis procedures that shall be utilized in the ground water monitoring program. The owner or operator is required to use the procedures documented within the sampling and analysis plan.

[Comment: the analysis methods used, including method detection limits and practical quantitation limits for the constituents analyzed, do not have to be documented within the sampling and analysis plan. They do have to be submitted with the analysis data as required in paragraph (c)(10) of this rule.]

(b) The statistical method selected by the owner or operator shall be in accordance with paragraphs (c)(6) and (c)(7) of this rule,

(c) The statistical determination of a statistically significant increase over background for a monitoring parameter shall be in accordance with paragraph (c)(8) of this rule,

(d) The number of samples collected shall be in accordance with paragraph (c)(9) of this rule,

(e) Submission of ground water and statistical analysis shall be in accordance with paragraph (c)(10) of this rule.

(2) A sampling and analysis plan shall, at a minimum, include a detailed description of the equipment, procedures, and techniques to be used for the following:

(a) Measurement of ground water elevations,

(b) Detection of immiscible layers,

(c) Collection of ground water samples, including the following:

(i) Well evacuation,

(ii) Sample withdrawal,

(iii) Sample containers and handling,

(iv) Sample preservation,

(d) Performance of field analysis, including the following:

(i) Procedures and forms for recording raw data and the exact location, time, and facility-specific conditions associated with the data acquisition,

(ii) Calibration of field devices,

(e) Decontamination of equipment,

(f) Chain of custody control, including the following:

(i) Standardized field tracking reporting forms to record sample custody in the field prior to and during shipment,

(ii) Sample labels containing all information necessary for effective sample tracking,

(g) Field and laboratory quality assurance and quality control, including the following:

(i) Collection of duplicate samples during each sampling event,

(ii) Collection of field and equipment blanks if non-dedicated sampling equipment is used,

(iii) Collection of trip blanks.

The number of duplicate samples, field blanks, trip blanks, and equipment blanks shall be enough to adequately demonstrate the accuracy of the analysis results.

(h) The identification of well maintenance problems encountered during routine sampling of the wells and the process to assure that necessary maintenance is performed.

(3) Measurement of ground water elevations.

(a)

(i) Ground water elevations shall be measured in all wells to be sampled that round of sampling prior to any purging and sampling.

(ii) The total depth of the monitoring well(s) shall be measured in all wells at least annually for those wells that do not have a dedicated pump installed. The depth of monitoring well(s) with a dedicated pump shall be measured whenever maintenance allows. The measurement of well depth shall be taken prior to any purging and/or sampling.

(b) The owner or operator shall at least semiannually and in conjunction with any major sampling event involving more than half the wells in the system or zone monitored determine, for the uppermost aquifer system and for all significant zones of saturation monitored, the direction of ground water flow each time ground water elevation measurements are performed.

(c) Ground water elevations in all wells monitoring the same unit(s) or portion of unit(s) of a sanitary landfill facility shall be measured within a period of time short enough to avoid temporal variations in ground water flow which could preclude an accurate determination of ground water flow rate and direction. But within a period of time not to exceed twenty-four hours.

(d) Potentiometric maps shall be constructed using the collected ground water elevation measurements and shall be included with the sampling data submittal.

(4) The owner or operator shall establish background ground water quality, unless the exception in paragraph (C)(5) of this rule applies, by analyzing ground water samples collected from hydraulically upgradient wells(s) for each of the monitoring parameters or constituents required in the ground water monitoring program.

(5) Background ground water quality at a sanitary landfill facility may be based on sampling of wells that are not hydraulically upgradient where either of the following occur:

(a) Hydrogeologic conditions do not allow the owner or operator to determine which wells are upgradient,

(b) Sampling of other wells will provide an indication of background ground water quality that is as representative or more representative than that provided by upgradient wells.

(6) Statistical methods. Within ninety days of completing collection of the eight background samples necessary to comply with paragraphs (d)(5)(a)(ii) and (d)(5)(b)(ii) of this rule but no later than four hundred fifty days after implementing the ground water monitoring program, the owner or operator shall specify one of the following statistical methods to be used in evaluating ground water monitoring data. The statistical method chosen shall be conducted separately for each of the parameters required to be statistically evaluated in paragraph (D)(5) of this rule. The statistical method specified shall ensure protection of human health and the environment and shall comply with the performance standards outlined in paragraph (C)(7) of this rule. The owner or operator shall submit to the operating record any changes made to the statistical method. For owners or operators not subject to rule 3745-27-09 of the Administrative Code, submit to Ohio EPA any changes made to the statistical method. This submission of the revised statistical method shall be made thirty(30) days prior to submitting to the operating record and/or Ohio EPA the first set of ground water analytical data analyzed using the revised statistical method. The statistical method specified shall be selected from one of the following:

(a) A tolerance or prediction interval procedure in which an interval for each constituent is established from the distribution of the background data, and the level of each constituent in each monitoring well is compared to the upper tolerance or prediction limit,

(b) A control chart approach that gives control limits for each constituent,

(c) A Parametric analysis of variance ("ANOVA") followed by multiple comparisons procedures to identify statistically significant evidence of contamination. This shall include estimation and testing of the contrasts between each monitoring well's mean and the background mean levels for each constituent.

(d) An analysis of variance ("ANOVA") based on ranks followed by multiple comparisons procedures to identify statistically significant evidence of contamination. This shall include estimation and testing of the contrasts between each monitoring well's median and the background median levels for each constituent.

(e) Another statistical test method submitted by the owner or operator and approved by the director or his authorized representative.

[Comment: The statistical method to be used during the initial statistical comparison required under paragraph (D)(5) of this rule needs to be submitted within ninety days of collecting the eighth back ground sample. If it is anticipated that the statistical method to be used will be an intrawell method, then the statistical plan shall be submitted ninety days after the eighth sample has been collected from the well in question. If it is anticipated that the statistical method to be used will be an interwell method, then the statistical plan shall be submitted ninety days after a total of eight samples have been collected from the background wells. The eight background samples collected shall be evenly distributed across all background wells.]

(7) Performance standards for statistical methods. Any statistical method chosen in accordance with paragraph (C)(6) of this rule shall comply with the following performance standards as appropriate:

(a) The statistical method used to evaluate ground water monitoring data shall be appropriate for the distribution of chemical parameters or waste-derived constituents. If the distribution of the chemical parameters or waste-derived constituents is shown by the owner or operator to be inappropriate for a normal theory test, then the data should be transformed or a distribution free theory test should be used. If the distributions for the constituents differ, more than one statistical method may be needed;

(b) If an individual well comparison procedure is used to compare an individual monitoring well constituent concentration with background constituent concentrations or a ground water concentration level, the test shall be conducted at a type I error level not less than 0.01 for each testing period. If multiple comparisons procedures are used, the type I experimentwise error rate for each testing period shall be not less than 0.05 ; however, the type I error rate of not less than 0.01 for individual monitoring well comparisons shall be maintained. This performance standard does not apply for tolerance intervals, prediction intervals, or control charts,

(c) If a control chart approach is used to evaluate ground water monitoring data, the specific type of control chart and its associated parameter values shall be protective of human health and safety and the environment. The parameters shall be determined after considering the number of samples in the background data base, the date distribution, and the range of the concentration values for each constituent,

(d) If a tolerance interval or a prediction interval is used to evaluate ground water monitoring data, the levels of confidence, and for tolerance intervals, the percentage of the population that the interval must contain, shall be protective of human health and safety and the environment. These parameters shall be determined after considering the number of samples in the background data base, the data distribution, and the range of the concentration values for each constituent of concern,

(e) The statistical method shall account for data below the limit of detection with one or more statistical procedures that ensure protection of human health and the environment. Any practical quantitation limit (PQL) used in the statistical method shall be the lowest concentration level that can be reliably achieved within the specified limits of precision and accuracy during routine laboratory operating conditions that are available to the facility,

(f) If necessary, the statistical method shall include procedures to control or correct for seasonal and spatial variability as well as temporal correlation in the data.

(g) Background data can be added only in blocks of data resulting from the analysis of four or more statistically independent samples after the data have been statistically compared to the current background data and no statistical differences are detected, unless another method is deemed acceptable to the director.

(h) Prior to using an intra-well statistical method under the ground water detection monitoring program, the owner or operator shall submit to the operating record in accordance with rule 3745-27-09 of the Administrative Code, a demonstration that the ground water has not been affected by the landfill within the relevant well(s). The owner or operator of a facility not subject to rule 3745-27-09 of the Administrative Code shall mail copies of the revisions by certified mail, or any other form of mail accompanied by a receipt, to Ohio EPA and the approved health department.

(8) Determination of a statistically significant increase over background. The owner or operator shall determine whether or not there is a statistically significant increase over background for each parameter or constituent required to be statistically analyzed within the ground water monitoring program. The owner or operator shall make this determination each time he assesses ground water quality. To determine whether a statistically-significant increase or decrease has occurred, the owner or operator shall compare the ground water quality of each parameter or constituent at each downgradient ground water monitoring well to the background value of that parameter or constituent according to the statistical procedures specified in paragraphs (C)(6) and (C)(7) of this rule.

(9) Sample number. The number of samples collected to establish ground water quality data shall be consistent with the appropriate statistical procedures determined pursuant to paragraphs (C)(6) and (C)(7) of this rule. The sampling procedures shall be those specified under paragraph (D) of this rule for detection monitoring, paragraph (E) of this rule for assessment and/or compliance monitoring, and paragraph (F) of this rule for corrective measures.

(10) Submission of results. All ground water elevation, sample analysis and statistical analysis results generated in accordance with paragraphs (B), (C), (D), (E) and (F) of this rule shall be submitted to Ohio EPA not later than seventy-five days after sampling the well. All ground water data and an accompanying text shall be submitted to Ohio EPA in a form specified by the director or his authorized representative. The data and accompanying text required to be submitted in accordance with this paragraph shall be placed in the operating record in accordance with rule 3745-27-09 of the Administrative Code. The accompanying text shall consist of, at a minimum, the following:

(a) Lab data sheets.

(b) Field and laboratory quality assurance/quality control (OA/OC) data.

(c) Chain of custody and sample receipt forms including preservation methods.

(d) Data summary table(s).

(e) Statistical analysis results and summary table(s) including the results from any test for normality.

(f) The potentiometric maps required by paragraph (c)(3) of this rule.

(g) A description of the analysis methods used including method detection limits, and practical quantitation limits for the constituents analyzed.

[Comment: The items requested in paragraph (c)(10) of this rule with the exception of paragraph (C)(10)(c) of this rule, may be submitted on an electronic format compatible with Ohio EPA software.]

(D) Ground water detection monitoring program. The owner/operator shall comply with the following requirements regarding ground water detection monitoring:

(1) Monitoring parameters. The owner or operator shall determine the concentration or value of the parameters listed in appendix I in ground water in accordance with paragraph (D) of this rule.

(2) Alternate monitoring parameter list. The owner or operator of a sanitary landfill facility may propose, in writing, to delete any of the appendix I monitoring parameters to be used to meet the requirements of paragraphs (D)(5) to (D)(8) of this rule. The director may approve the alternative list of appendix I monitoring parameters if the removed parameters are not reasonably expected to be in or derived from the waste contained or deposited in the sanitary landfill facility. Upon approval by the director or his authorized representative, the owner or operator may use the alternative list. The owner or operator shall, at a minimum, consider the following factors in proposing an alternative inorganic parameter list:

(a) Which of the parameters specified in appendix I of this rule shall be deleted from the parameters required to be monitored in paragraph (D)(5) of this rule.

(b) The types, quantities, and concentrations of constituents in wastes managed at the sanitary landfill facility.

(c) The concentrations of the Appendix I constituents in the leachate from the relevant unit(s) of the sanitary landfill facility.

(d) Any other relevant information that the director or his authorized representative deems necessary.

(3) Alternate inorganic parameter list. The owner or operator of a sanitary landfill facility may propose, in writing, that an alternative list of inorganic indicator parameters be used to meet the requirements of paragraph (D)(5) of this rule in lieu of some or all of the inorganic parameters listed in appendix I of this rule. The director may shall approve the alternative inorganic indicator parameters if the alternative list will provide a reliable indication of inorganic releases from the sanitary landfill facility to the ground water. Upon approval by the director or his authorized representative, the owner or operator shall use the alternative list. The owner or operator shall, at a minimum, consider the following factors in proposing an alternative inorganic parameter list:

(a) The types, quantities, and concentrations of constituents in wastes managed at the sanitary landfill facility,

(b) The mobility, stability, and persistence of waste constituents or their reaction products in the unsaturated zone beneath the sanitary landfill facility,

(c) The detectibility of the indicator parameters, waste constituents, and their reaction products in the ground water,

(d) The concentrations or values and coefficients of variation of monitoring parameters or constituents in the background ground water quality.

(4) Alternative parameters for low-yield wells not screened in the uppermost aquifer system. The owner or operator may propose in writing, that an alternative list of any of the appendix I monitoring parameters be used to meet the requirements of paragraph (D)(5)(c) of this rule for those monitoring wells not screened in the uppermost aquifer system that cannot produce enough water within a twenty-four hour period to allow for the analysis of all of the required parameters. Upon approval by the director or his authorized representative, the owner or operator may use the alternative parameter list. The owner or operator shall, at a minimum, consider the following factors in proposing an alternative list for low-yield wells not screened in the uppermost aquifer:

(a) Whether the monitoring well is constructed in accordance with paragraph(B)(3) of this rule,

(b) Whether the well screen is properly placed across the significant zone or saturation in order to maximize yield;

(c) A calculation of the maximum sustainable yield of the significant zone of saturation;

(d) Field data demonstrating the time necessary for the well to recover completely after purging,

(e) The amount of water needed to analyze for all required parameters. This should include a discussion of which parameters will be deleted and the amount of water needed to analyze for these deleted parameters as well as the listing of the parameters which will be analyzed for in the samples and how much water is required to analyze for these parameters.

(5) Monitoring parameters, frequency, location. The owner or operator shall monitor the ground water monitoring well system in accordance with the following:

(a) For monitoring wells screened within the uppermost aquifer system beneath the sanitary landfill facility, the owner or operator shall, during the active life of the facility (including final closure) and the post-closure care period, monitor the wells:

(i) For one of the following parameter lists:

(a) Parameters 1 through 66 in appendix I of this rule.

(b) The alternative parameter list approved in accordance with paragraphs (D)(2) and/or (D)(3) of this rule.

(ii) At least semiannually by collecting the following samples:

(a) During the initial one hundred and eighty days after implementing the ground water detection monitoring program (the first semiannual sampling event), a minimum of four independent samples from each monitoring well screened in the uppermost aquifer system (background and downgradient) and analyzed for the parameters specified in paragraph (D)(5)(a)(i) of this rule. The owner or operator shall collect and analyze for the parameters specified in paragraph (D)(5)(a)(i) of this rule, by collecting a minimum of eight independent background samples during the initial year of sampling to use for the statistical analysis provisions of this rule. The owner or operator of a sanitary landfill facility with an existing ground water monitoring system, may use existing data to meet the provisions of this paragraph provided the information required pursuant to paragraph (C) of this rule is available.

[Comment: Existing data to meet the provision of the above rule is allowed provided that the sampling and analysis procedures used to collect and analyze the sample are documented, available for review and consistent with paragraph (c)(1) of this rule.]

(b) Beginning one year after implementing the ground water detection monitoring program and continuing during subsequent semiannual sampling events, at least one sample from each monitoring well screened in the uppermost aquifer system (background and downgradient) must be collected and analyzed for the parameters specified in paragraph (D)(5)(a)(i) of this rule,

(iii) Beginning with receiving the results from the first monitoring event collected pursuant to paragraph (D)(5)(a)(ii)(b) of this rule and semiannually thereafter, by statistically analyzing the results from wells screened in the uppermost aquifer system for the parameters specified in paragraph (d)(5)(a)(i) of this rule,

(b) For monitoring wells not screened in the uppermost aquifer system at the sanitary landfill facility, the owner or operator shall, during the active life of the facility (including final closure) and the post-closure care period, monitor the wells:

(i) For one of the following parameter lists:

(a) Parameters numbered 18, 25, 33, 61, 63, 64, 65, and 66, in appendix I of this rule.

(b) The alternate parameter list approved in accordance with paragraphs (d)(2), (d)(3) and/or (d)(4) of this rule.

(ii) At least semiannually by collecting the following samples:

(a) During the initial one hundred and eighty days after implementing the ground water detection monitoring program (the first semiannual sampling event), a minimum of four independent samples must be collected from each monitoring well not screened in the uppermost aquifer system (background and downgradient) and analyzed for the parameters specified in paragraph (D)(5)(b)(i) of this rule. The owner or operator shall collect and analyze for the parameters specified in paragraph (D)(5)(b)(i) of this rule, by collecting a minimum of eight independent background samples during the initial year of sampling to use for the statistical analysis provisions of this rule. The owner or operator of a sanitary landfill facility with an existing ground water monitoring system, may use existing data to meet the provisions of this paragraph provided the information required pursuant to paragraph (C) of this rule is available.

[Comment: Existing data to meet the provisions of the above rule is allowed provided that the sampling and analysis procedures used to collect and analyze the sample are documented, available for review and consistent with paragraph (C)(1) of this rule.]

(b) Beginning one year after implementing the ground water detection monitoring program and during subsequent semiannual sampling events, at least one sample from each monitoring well not screened in the uppermost aquifer system (background and downgradient) must be collected and analyzed for the parameters specified in paragraph (D)(5)(b)(i) of this rule,

(iii) Beginning with receiving the results from the first monitoring event collected pursuant to paragraph (D)(5)(b)(ii)(b) of this rule and at least semiannually thereafter, by statistically analyzing; the results from monitoring wells not screened within the uppermost aquifer system for the parameters specified in paragraph (D)(5)(b)(i) of this rule.

(c) All monitoring wells shall be monitored for constituents in appendix I of this rule or the alternative parameter list approved in accordance with paragraphs (d)(2), (d)(3), and/or (d)(4) of this rule at least annually during the active life of the sanitary landfill facility (including final closure) and during the post-closure care period.

(d) At least one sample from each well in the monitoring system per sampling event shall be field analyzed for parameters 67, 68, and 69 listed in appendix I of this rule.

(e) If a new well or replacement well is to be added to an existing monitoring system, the owner or operator shall statistically analyze the ground water analysis data from the well in accordance with the applicable rules as soon as possible but no later than one year from installation.

(6) Alternative sampling and statistical analysis frequency. During the active life (including final closure) of a sanitary landfill facility and the post-closure care period, the owner or operator may propose, in writing, an alternative frequency for ground water sampling and/or statistical analysis required by paragraph (d)(5) of this rule. The director or his authorized representative may approve a proposed alternative frequency provided the alternative frequency sampling and/or analysis frequency is not less than annual. Upon approval by the director or his authorized representative, the owner or operator may use the alternative sampling/analysis frequency. The owner operator shall, at a minimum, consider the following factors in proposing an alternative sampling and/or analysis frequency:

(a) Lithology of the aquifer system and all stratigraphic units above the uppermost aquifer system;

(b) Hydraulic conductivity of the uppermost aquifer system and all stratigraphic units above the uppermost aquifer system;

(c) Ground water flow rates for the uppermost aquifer system and all zones of saturation above the uppermost aquifer system;

(d) Minimum distance between the upgradient edge of the limits of waste placement of the sanitary landfill facility and the downgradient monitoring well system;

(e) Resource value of the uppermost aquifer system.

(7) Determination of a statistically significant increase over background in detection monitoring parameters.

(a) The owner or operator shall comply with paragraph (D)(7)(b) of this rule, if the owner or operator determines a statistically significant change, according to the statistical procedures specified in paragraphs (C)(6) and (C)(7) of this rule, for any of the following:

(i) Parameters 1 through 66 in appendix I of this rule, or the alternate parameter list approved in accordance with paragraphs (D)(2) and/or (D)(3), of this rule in samples from monitoring wells screened in the uppermost aquifer system.

(ii) Parameters 18, 25, 33, 61, 63, 64, 65, and 66 of appendix I of this rule or the alternate parameter list approved in accordance with paragraphs (D)(2), (D)(3), and/or (D)(4) of this rule in samples for all monitoring wells not screened in the uppermost aquifer system.

(b) The owner or operator shall submit a written notification to Ohio EPA of a statistically significant increase over background not later than seventy-five days after withdrawing a sample from the well, that upon analysis demonstrates a statistically significant change. A copy of this notification shall be placed in the operating record in accordance with rule 3745-27-09 of the Administrative Code. The notification must indicate which wells and parameters have shown a statistically significant increase over background levels.

(c) Demonstration of a false positive. The owner or operator may do one of the following to demonstrate a false positive:

(i) Use the 1 of M resampling method to demonstrate that the statistically significant increase over background was a false positive. The 1 of M resampling method to be used shall be documented within the statistical analysis plan required by paragraph (C)(6) of this rule and shall be protective of human health and safety and the environment. The number of resamples to be used shall be documented with the statistical method specified by the owner/operator as required by paragraph (C)(6) of this rule. If the owner or operator demonstrates using the 1 of m resampling method that the statistically significant increase over background was a false positive, then the owner or operator may return to detection monitoring. The owner or operator shall submit a report documenting the demonstration to Ohio EPA within one hundred and eighty days from initial sampling.

[Comment: The 1 of M method is a statistical resampling procedure to verify the statistically significant increase over background determined for the first sample taken from a monitoring well. The number of resamples used with the method will vary depending on the number of background samples available. The number of resamples usually does not exceed two. As an example, for the Ohio EPA, a 1 of 2 method means the original sample plus one resample with the analysis data from both samples having to demonstrate a statistically significant increase above background in order for the owner/operator to be required to enter the ground water quality assessment program.]

(ii) Demonstrate that a source other than the sanitary landfill facility caused the contamination or that the statistically significant increase over background resulted from error in the sampling analysis, statistical evaluation; or natural variation in ground water quality. A report documenting this demonstration must be submitted to and approved by the director or his authorized representative. If the owner or operator does not obtain approval to continue detection monitoring within two hundred and ten days from initial sampling, the owner or operator shall comply with the provisions of paragraph (e) of this rule.

(E) Ground water quality assessment monitoring program. The owner or operator shall comply with the following requirements regarding ground water quality assessment monitoring.

(1) General requirements. Unless the director approves the report submitted in accordance with paragraph (D)(7)(c) of this rule, the owner or operator shall implement a "ground water quality assessment plan" capable of determining the concentration, rate, and extent of migration of waste-derived constituent(s) in the ground water upon determining a statistically significant increase over background in accordance with paragraph (D)(7) of this rule. The owner or operator shall implement and comply with the "ground water quality assessment PLAN" and the requirements of this rule.

[Comment: The ground water quality assessment plan is a self-implementing plan which does not require approval from Ohio EPA prior to implementation by the owner or operator.]

(2) The owner or operator may undertake during the implementation of the ground water quality assessment plan, activities necessary to prevent the continued release of waste-derived constituents from the regulated unit to the ground water. Any activities undertaken by the owner or operator in accordance with this paragraph shall be in compliance with all applicable federal and Ohio statutes and regulations.

(3) Submission of ground water quality assessment plan. Within one hundred and thirty-five days of notifying Ohio EPA of a statistically significant increase over background in accordance with paragraph (D)(6)(b) of this rule, the owner or operator shall submit to the Ohio EPA, and to the operating record in accordance with rule 3745-27-09 of the Administrative Code, a"ground water quality assessment plan."

[Comment: The ground water quality assessment plan is required to be certified by a qualified ground water scientist in accordance with rule 3745-27-10(A)(5) of the Administrative Code.]

(4) Ground water quality assessment plan elements. The plan to be submitted in accordance with paragraph (E)(3) of this rule shall include, at a minimum, detailed descriptions of the following:

(a) Hydrogeologic conditions at the sanitary landfill facility,

(b) The detection monitoring program implemented by the sanitary landfill facility, including the following:

(i) The number, location, depth, and construction of detection monitoring wells with documentation,

(ii) A summary of detection monitoring ground water analytical data with written documentation of the results,

(iii) A summary of statistical analyses applied to the data,

(c) The investigatory approach to be followed during the assessment, including but not limited to the following:

(i) The proposed number, location, depth, installation method, and construction of assessment monitoring wells,

(ii) The proposed method(s) for gathering additional hydrogeologic information,

(iii) The planned use of supporting methodology (i.e., soil gas or geophysical surveys),

(d) The techniques, procedures, and analytical equipment to be used for ground water sampling during the assessment, this description shall include those sampling and analysis elements listed within paragraph (c)(2) of this rule.

(e) Data evaluation procedures, including but not limited to the following:

(i) Planned use of statistical data evaluation for the ground water quality assessment program and/or for compliance monitoring,

(ii) Planned use of computer models,

(iii) Planned use of previously gathered information,

(iv) Criteria which will be utilized to determine if additional assessment activities are warranted,

(f) A schedule of implementation which incorporates the requirements specified in paragraph (E)(5) of this rule.

(g) Provisions FOR installing additional wells, as necessary, for determining the nature and extent of any release of waste-derived constituents per paragraph (E)(6) of this rule,

(h) Provisions for installing at least one additional monitoring well at the facility boundary in the direction of downgradient ground water flow from the affected well and as many additional wells as necessary to meet the provisions of paragraph (e)(6) of this rule.

(5) Assessment monitoring schedule, frequency, and parameters.

(a) Within one hundred thirty-five days of notifying Ohio EPA of a statistically significant change in accordance with paragraph (d)(7) of this rule, the owner or operator shall do the following:

(i) Sample the affected well(s) and analyze the samples for all waste-derived constituents, including all constituents listed in Appendix I and Appendix Ii of this rule. Any background wells within the flow path or closest to the affected well and screened within the same geologic unit as the affected well shall be sampled and analyzed for Appendix I and ii parameters,

(ii) Within seventy-five days of commencing the sampling required in paragraph (E)(5)(a)(i) of this rule, sample all monitoring wells screened within the same geologic units at the facility as the affected well, not sampled under paragraph (E)(5)(a)(i) of this rule. These samples shall be analyzed for those waste-derived constituents found to be above background levels in the affected monitoring wells sampled under paragraph (E)(5)(a)(i) of this rule.

(b) The owner or operator shall sample all monitoring wells in the ground water quality assessment monitoring program, as follows, a monitoring well is considered part of the ground water quality assessment monitoring program if the well is needed or used to meet the provisions of paragraph (e)(6) of this rule:

(i) At least semiannually for the following:

(a) All parameters in appendix I of this rule or the alternative parameter list approved under paragraph (D)(2), and/or (D)(3) of this rule,

(b) All the constituents reported to the director in accordance with paragraph (E)(5)(c) of this rule,

(ii) At least annually for one of the following.

(a) All parameters in appendix II of this rule,

(b) The remaining appendix II parameters if the director has deleted appendix II parameters in accordance with paragraph (E)(5)(e) of this rule.

(c) Within seventy-five days of sampling the ground water monitoring wells in accordance with paragraph (E)(5)(a) of this rule and after all subsequent samplings, the owner or operator shall place a notice in the operating record identifying all constituents, that have been detected. The owner or operator shall send a copy of this notice to the appropriate Ohio EPA district office and the approved health department.

[COMMENT: Paragraph (C)(10) of this rule requires all ground water analysis and statistical analysis results to be submitted to the operating record within seventy-five days after sampling a monitoring well.]

(d) Within one hundred and eighty days of implementing the ground water quality assessment PLAN, the owner or operator shall collect additional statistically independent samples (a minimum of four) from any background well sampled pursuant to paragraph (e)(5)(a)(i) of this rule that does not have at least four independent analysis results of each waste-derived constituent detected in the monitoring well(s), demonstrating a statistically significant increase.

[Comment: Except for paragraph (e)(9)

(a) of this rule, no statistical evaluation of any data is required to be performed under the ground water quality assessment program.]

(e) Upon the written request of the owner or operator, the director may delete any of the appendix II monitoring parameters for a sanitary landfill facility unit(s) if the owner or operator can show that the deleted constituents are not reasonably expected to be in or derived from the waste contained in the unit(s).

(f) Ground water monitoring wells not used to make a determination according to paragraph (E)(6) of this rule shall continue to be monitored in accordance with the ground water monitoring program applicable to those wells prior to the initiation of assessment monitoring.

[Comment: If a well was in compliance with the requirements for the ground water detection monitoring program prior to initiation of the ground water assessment monitoring program and the well is not necessary to make a determination in accordance with paragraph (e)(6) of this rule, then the well shall continue to be monitored under the ground water detection monitoring program requirements as the ground water assessment monitoring program continues.]

(6) A determination of rate, extent, and concentration. The owner or operator shall implement the "ground water quality assessment plan" which satisfies the requirements of paragraphs (E)(3), (E)(4), and (E)(5) of this rule and, at a minimum, determines the following:

(a) The rate and extent of migration of the waste-derived constituents in the ground water.

(b) The concentrations of the waste-derived constituents in the ground water.

This shall include portions of the contaminant plume that exist beyond the facility boundary, unless the owner/operator demonstrates to the director that, despite the owner's/operator's best efforts, the owner/operator was unable to obtain the necessary permission to undertake such action. At a minimum, the owner/operator shall submit a copy of their written access request and if a response is provided, a copy of the written statement from the off-site property owner(s) indicating that off-site access is denied. The owner/operator is not relieved of all responsibility to clean up a release that has migrated beyond the facility boundary where off-site access is denied. On-site measures to address such releases will be determined on a case-by-case basis.

(7) Ground water assessment report. The owner or operator shall make a determination according to paragraph (E)(6) of this rule within the time frame specified in the submitted "ground water quality assessment plan." The owner or operator shall submit to the director, not later than fifteen days after making a determination, a written "ground water quality assessment report" containing an assessment of the ground water quality including all data generated as part of implementation of the "ground water quality assessment plan."

(8) After complying with paragraph (E)(6), if the release of waste-derived constituents to ground water as characterized within the report required under paragraph (E)(7) of this rule exclusively consists of one or more of parameters numbered 63 through 78 of appendix I of this rule, then the owner or operator may submit a compliance monitoring plan with the ground water quality assessment report submitted in accordance with paragraph (E)(7) of this rule to Ohio EPA and the operating record instead of a corrective measures plan as required under paragraph (F) of this rule. The owners or operators of facilities not subject to rule 3745-27-09 of the Administrative Code, may submit the compliance monitoring plan with the ground water quality assessment report submitted in accordance with paragraph (E)(7) of this rule to Ohio EPA. This section of the rule is also applicable to sites meeting the above criteria that have previously submitted corrective measures plans that have not been approved as of the effective date of this rule. These facilities may submit a compliance monitoring plan as an addendum to the existing corrective measures plan. The owner/operator complying with the provisions of paragraph (E)(8) of this rule is exempt from complying with paragraph (E)(12) of this rule, but shall comply with paragraphs (C)(10), (E)(10) and (E)(11) of this rule.

The compliance monitoring plan shall be implemented with the first semiannual sampling event that occurs after the submittal of the compliance monitoring plan. The compliance monitoring plan shall, at a minimum, include the following:

[Comment: Activities conducted while in compliance monitoring are to demonstrate that the contamination released to the environment continues to be non-hazardous and that the source control measures implemented have limited the growth of the contaminant plume, prevented new contaminants from being released, and stopped the increase in the concentrations of the contaminants already released.]

(a) A description of the monitoring wells to be sampled. The wells to be sampled during compliance monitoring shall, at a minimum, include all wells that were sampled in order to make a determination under paragraph (e)(6) of this rule.

(b) A description of the techniques, procedures, and analytical equipment to be used for ground water sampling during compliance monitoring. This description shall include those sampling and analysis elements listed within paragraph (c)(2) of this rule.

(c) Provisions for sampling the monitoring wells designated under paragraph (e)(8)(a) of this rule on a semiannual basis and analyzing the samples for the following:

(i) For monitoring wells screened within the uppermost aquifer system beneath the sanitary landfill facility, the parameters required under paragraph (d)(5)(a) of this rule and the waste-derived contaminants determined to have been released from the landfill to the ground water.

(ii) For monitoring wells not screened within the uppermost aquifer system beneath the sanitary landfill facility, the parameters required under paragraph (d)(5)(b) of this rule and the waste-derived constituents determined to have been released from the landfill to the ground water.

(d) Provisions for sampling the monitoring wells designated under paragraph (e)(8)(a) of this rule on an annual basis and analyzing the samples for the parameters required under paragraph (d)(5)(c) of this rule.

(e) Provisions for sampling the monitoring wells designated under paragraph (e)(8)(a) of this rule for the schedule and parameters required under paragraph (d)(5)(d) of this rule.

(f) Provisions for performing statistical analysis on the semiannual analytical results. Statistical analysis shall be performed using the appropriate statistical procedures specified within paragraphs (c)(6) and (c)(7) of this rule. For statistical analysis, the owner/operator shall do the following:

(i) For contaminants determined to have been released to the ground water in accordance with paragraph (e)(6) of this rule, sample and analyze the monitoring wells designated under paragraph (e)(8)(a) of this rule at least eight times during the initial year of compliance monitoring to establish background unless otherwise approved by the director. Statistical analysis shall commence with the first semiannual sampling event following completion of collecting the background samples.

(ii) Commence statistically analyzing the sampling results of constituents to be monitored in accordance with paragraph (e)(8)(c) of this rule and not being monitored in accordance with paragraph (e)(8)(f)(i) of this rule with the initial sampling event required under this paragraph.

[Comment: The above rule requires that all contaminants released from the facility have a new statistical background established for them prior to statistically analyzing the results. For those constituents that have not been released from the facility, the old statistical background data set is still appropriate to use and statistical analysis may begin for these constituents with the first sampling event required under this paragraph.]

(g) Provisions for fulfilling the requirements of paragraph (e)(6) of this rule in accordance with the requirements of paragraph (e) of this rule when a statistically significant increase is determined for parameters 1 through 62 within appendix I of this rule.

[Comment: If a statistical analysis demonstrates a statistically significant increase over background in concentration for parameters 1 through 62 of appendix I, then the facility is required to update the ground water quality assessment plan and determine the concentration of any contaminant released as well as the rate and extent of migration of the contaminants.]

(h) Provisions for sampling the monitoring wells designated under paragraph (e)(8)(a) of this rule for the parameters listed within appendix II of this rule if any parameter not included within parameters 1 through 62 within appendix I of this rule demonstrates a statistically significant increase over the new background established under the provisions of paragraph (E)(8)(f) of this rule. If any constituent from appendix II of this rule is detected, then the owner/operator shall commence provisions for fulfilling the requirements of paragraph (E)(6) of this rule in accordance with paragraph (e) of this rule. If no parameters from appendix II of this rule are detected, then the owner/operator shall revise the compliance monitoring plan and implement the revised compliance monitoring plan during the next regularly scheduled semiannual sampling event.

[Comment: If a statistical analysis demonstrates a statistically significant increase over the new background in concentration for any parameter other than parameters 1 through 62 of appendix I, then the facility is required to sample for the parameters within appendix ii of this rule. If an appendix ii parameter is detected, then the owner or operator is required to update the ground water quality assessment plan and determine the concentration of any contaminant released as well as the rate and extent of migration of the contaminants.]

(i) Provisions for continuing to implement the compliance monitoring plan until the end of the post-closure care period for the sanitary landfill facility unless otherwise approved by the director.

(j) Activities necessary to prevent the continued release of waste-derived constituents to the ground water. The described activities shall be implemented with the submittal of the compliance monitoring plan. The director may require additional activities necessary to prevent the continued release of waste-derived constituents to the ground water.

(9) Reinstatement of detection monitoring.

(a) If the owner or operator determines that the concentrations of all waste-derived constituents are shown to be at or below background values, using the statistical procedures described in paragraph (C)(6) of this rule for two consecutive sampling events, then the owner or operator may request, in writing, that the director approve reinstatement of the detection monitoring program described in paragraphs (C) and (D) of this rule.

(b) The owner or operator may demonstrate that a source other than the sanitary landfill facility caused the contamination, or that the statistically significant change resulted from error in sampling, analysis, statistical evaluation, or natural variation in ground water quality. A report documenting this demonstration must be submitted to director and request that the director approve reinstatement of the detection monitoring program described in paragraphs (c) and (D) of this rule.

(c) Until the director approves reinstatement of the detection monitoring program, the owner or operator shall comply with paragraphs (E)(10) and (F) of this rule.

(10) Semiannual determination of rate, extent, and concentration. If the owner or operator determines, based on the determination made according to paragraph (E)(6) of this rule, that waste-derived constituents from the facility have entered the ground water, then the owner or operator shall continue to make the determination required in accordance with paragraph (E)(6) of this rule on a semiannual basis until released from this obligation by the director or unless an alternate time interval is established by the director. The owner or operator shall submit documentation of the semiannual determination of rate, extent, and concentration with the reports required to be submitted in accordance with paragraph (E)(11) of this rule.

(11) Notification of adjacent landowners. After the first determination of rate, extent, and concentration in accordance with paragraph (E)(6) of this rule, the owner or operator shall notify by certified mail, or any other form of mail accompanied by a receipt, all persons who own land or reside on the land that directly overlies, or is reasonably expected to overlie, any part of the plume of the contamination, as determined in accordance with paragraph (e)(5) of this rule, of the rate, extent, and concentration of the waste-derived constituents in the ground water. The owner or operator shall place the return receipts or other evidence of notification into the operating record. Annually, the owner or operator shall re-notify persons or notify additional persons, based on the results of the determinations of rate, extent, and concentration in accordance with paragraph (e)(5) of this rule until released from this obligation by the director.

(12) Semiannual assessment activities report. The owner or operator shall submit to the appropriate Ohio EPA district office and to the approved health department, upon implementation of the "ground water quality assessment plan" submitted under paragraph (E)(2) of this rule, a report on the activities being conducted at the facility as part of implementation of the "ground water quality assessment plan." all monitoring and reporting required by paragraph (E) of this rule shall continue until the director releases the owner/operator from this obligation or the corrective measures plan is approved. Any documents or data previously submitted by the owner/operator during the six month period need not be submitted with the semiannual report. Previously submitted documents or data shall be referenced within the semiannual report as having been submitted. This report shall be submitted semiannually and contain the following:

(a) A narrative description of all assessment activities that have occurred since the previous report,

(b) All data generated as part of the assessment program since the previous report.

(F) Corrective measures program.

(1) General requirements. Unless otherwise specified in paragraph (E)(8) or (E)(9) of this rule, upon determining in accordance with paragraph (e) of this rule that waste-derived contaminants have been detected in the ground water the owner or operator shall implement a "corrective measures program plan" capable of evaluating all practicable ground water remediation procedures, attaining the concentration level for waste-derived contaminants detected in the ground water, controlling the source of the release, identifying specific ground water monitoring requirements to monitor the effectiveness of the corrective measures and eliminating further releases. The owner or operator shall implement the "corrective measures program" in accordance with the "corrective measures plan" and the requirements of this rule.

(2) Corrective measures plan. Unless otherwise specified in paragraph (E)(8) or (E)(9), and within one hundred and eighty days of making a determination in accordance with paragraph (E)(6) of this rule, the owner or operator shall submit a corrective measures plan to the director and into the operating record. The "corrective measures plan" shall evaluate all practicable remediation procedures which are available for remediating any contamination discovered during assessment monitoring. The evaluated remediation procedures shall, at a minimum, do the following:

(a) Be protective of human health and safety and the environment.

(b) Attain the proposed ground water concentration levels specified in accordance with paragraph (F)(7) of this rule.

(c) Control the source(s) of releases to reduce or eliminate, to the maximum extent practicable, further releases of waste-derived constituents into the environment.

(d) Comply with standards for management of wastes as specified in paragraph (F)(13) of this rule.

(e) Contain a revised ground water corrective measures monitoring plan which identifies specific ground water monitoring requirements to monitor the effectiveness of the corrective measures. The ground water corrective measures monitoring plan shall, at a minimum. Contain provisions:

(i) For determining semiannually, that ground water remediation standards established in accordance with paragraph (f)(7) of this rule are achieved for those contaminants determined to have been released to ground water.

(ii) For semiannual monitoring for the presence above background levels of parameters numbered 1 - 66 of appendix i of this rule determined not to have been released to ground water.

(iii) Which meet the applicable provisions of paragraphs (B) to (D) of this rule.

(3) The owner or operator shall evaluate each proposed remediation procedure within the corrective measures plan. This evaluation shall, at a minimum, consider the following:

(a) Any potential remediation procedure, which shall be assessed for the long-term and short-term effectiveness and the protection it affords. This shall include the degree of certainty that the remediation procedure will prove successful. Factors to be considered include the following:

(i) Magnitude of reduction of existing risks.

(ii) Magnitude of residual risks in terms of likelihood of further releases due to waste remaining following implementation of a remediation procedure.

(iii) The type and degree of long-term management required, including monitoring, operation, and maintenance.

(iv) Short-term risks that may affect the community, workers, or the environment during implementation of such a remediation procedure, including potential threats to human health and safety and the environment associated with excavation, transportation, redisposal, or containment.

(v) Potential for human and environmental receptor exposure to remaining wastes, considering the potential threat to human health and safety and the environment associated with excavation, transportation, redisposal, or containment.

(vi) Long-term reliability of the engineering and institutional controls.

(vii) Potential need for replacement of the remediation procedure.

(viii) Time until full protection is achieved.

(b) The effectiveness of the remediation procedure in controlling the source in order to reduce further releases, including the following:

(i) The extent to which containment practices will reduce further releases.

(ii) The extent to which treatment technologies may be used.

(c) The need to coordinate with, and obtain necessary approvals and permits from, other agencies.

(d) The available capacity and location of needed treatment, storage, and disposal services.

(e) The case or difficulty of implementing a potential remedy(s) based on consideration of the following types of factors:

(i) Degree of difficulty associated with constructing the technologies.

(ii) Expected operation reliability of the technologies.

(iii) Availability of necessary equipment and specialists.

(f) The degree to which community concerns are addressed by a potential corrective measure.

(g) The performance, reliability, ease of implementation, and potential impacts of the potential remediation procedures, including safety impacts, cross-media impacts, and control of exposure to any residual contamination.

(h) A schedule for initiating and completing each remediation procedure discussed in the plan. In establishing this schedule, the owner or operator shall consider the following:

(i) The extent and nature of any contamination.

(ii) The practical capability of remedial technologies to achieve compliance with ground water concentration levels established in accordance with paragraph (F)(6) of this rule and other objectives of the remediation procedure.

(iii) The availability of treatment or disposal capacity for wastes managed during implementation of the remediation procedure.

(iv) The desirability of utilizing technologies that are not currently available, but which may offer significant advantages over currently available technologies in terms of protection, reliability, safety, or the ability to achieve remedial objectives.

(v) Potential risks to human health and the environment from contaminant exposure prior to completion of the remediation procedure.

(vi) Practicable capability of the owner or operator.

(vii) Other relevant factors.

(i) Resource value of the aquifer system, including the following:

(i) Current and future uses.

(ii) Proximity and withdrawal rate of users.

(iii) Ground water quantity and quality.

(iv) The potential damage to wildlife, crops, vegetation, and physical structures resulting from exposure to waste constituents.

(v) The hydrogeologic characteristics of the facility and surrounding area.

(vi) Ground water removal and treatment costs.

(vii) The cost and availability of alternate water supplies.

(j) Practical capability of the owner or operator.

(k) Other relevant factors.

(4) Public meeting. The owner or operator shall:

(a) Within thirty days of submitting the "corrective measures plan" to the director, place copies of the "ground water quality assessment report" and the "corrective measures plan" in the nearest public library, or other publicly accessible equivalent location, to the affected sanitary landfill facility. The owner or operator shall periodically revise and update the copies, but no later than the annual update of the operating record in accordance with rule 3745-27-09 of the Administrative Code. The copies shall be made available to the public until a remedy is selected by the director.

(b) Within sixty days of submitting the corrective measures plan to the director, discuss the results and content of the "ground water quality assessment report" and the "corrective measures plan" in a public meeting with interested and affected parties. The owner or operator shall provide adequate and reasonable public notice of the meeting, and the public meeting must be held at a place and time reasonably convenient to the interested and affected parties.

(c) Solicit public comment on the proposed "corrective measures plan." Any public comments received shall be placed in the operating record and submitted to the appropriate Ohio EPA district office and the approved health department.

(5) The director or his authorized representative may require the owner or operator to evaluate, as part of the corrective measures study, one or more specific potential remediation procedure(s).

(6) Interim corrective measures. If, at any time during the assessment described in paragraphs (E) and (F) of this rule, the director determines that the facility threatens human health or safety or the environment, the director may require the owner or operator to implement the following measures:

(a) Notify all persons, via certified mail or any other form of mail accompanied by a receipt, who own the land or reside on the land that directly overlies or lies adjacent to any part of the plume of contamination;

(b) Take any interim measures deemed necessary by the director to ensure the protection of human health and safety and the environment. Interim measures should, to the extent practicable, be consistent with the objectives of and contribute to the performance of any remediation procedure that may be required pursuant to paragraphs (F)(1), (F)(2), (F)(3), and (F)(7) of this rule. The following factors may be considered by the director in determining whether interim measures are necessary:

(i) The amount of time required to develop and implement a final remediation procedure.

(ii) Actual or potential exposure of nearby populations or environmental receptors to waste-derived constituents.

(iii) Actual or potential contamination of drinking water supplies or sensitive ecosystems.

(iv) Any further degradation of the ground water that may occur if remedial action is not initiated expeditiously.

(v) Weather conditions that may cause waste-derived constituents to migrate or be released.

(vi) Risks of fire, explosion, or potential for exposure to waste-derived constituents as a result of an accident or failure of a container or handling system.

(vii) Other situations that threaten human health and the environment.

(7) Ground water remediation standards. The corrective measures plan shall propose a concentration level for each waste-derived constituent which has been detected in the ground water at a statistically significant level. These shall be established as follows:

(a) The proposed concentration levels in the ground water shall be protective of human health and safety AND the environment.

(b) Unless an alternate level is deemed necessary to protect environment receptors, then the following apply:

(i) For constituents for which a maximum contaminant level has been promulgated under section chapter 3745-81 of the administrative code, the maximum contaminant level for that constituent.

(ii) For constituents for which maximum contaminant levels have not been promulgated, the background concentration for the constituent from wells in accordance paragraphs (C)(4) and (C)(5) of this rule.

(iii) If the owner or operator can demonstrate to the director that a waste-derived constituent is already present in the ground water at a background level, then the proposed concentration levels shall not be set below background levels unless the director determines that cleanup to levels below background levels is necessary to protect human health and the environment and such cleanup is in connection with an area-wide remedial action under other authorities.

(c) In establishing the proposed concentration levels that meet the requirements of paragraph (F)(7)(b) of this rule, the permittee shall consider the following:

(i) Multiple contaminants in the ground water.

(ii) Exposure threat to sensitive environmental receptors.

(iii) Other site-specific exposure or potential exposure to ground water.

(iv) The reliability, effectiveness, practicability, and other relevant factors of the remediation procedure.

(d) The director or his authorized representative may establish an alternative ground water remediation standard for constituents for which maximum contaminant levels have not been established. These ground water remediation standards shall be appropriate health based levels that satisfy the following criteria:

(i) The level is derived in a manner consistent with federal guidelines for assessing the health risks of environmental pollutants.

(ii) The level is based on scientifically valid studies conducted in accordance with standard laboratory practices.

(iii) For known or suspected carcinogens, the proposed concentration levels shall be established at concentration levels below those that represent a cumulative (due to lifetime exposure) excess upper-bound lifetime cancer risk to an individual within the 1 X 10-4 to 1 X 10-6 range.

(iv) For systematic toxicants, the proposed concentration levels shall be reduced to levels to which the human population (including sensitive subgroups) could be exposed on a daily basis without appreciable risk of deleterious effects during a lifetime. For the purposes of this rule, "systematic toxicants" include toxic chemicals that cause effects other than cancer or mutation.

(8) Determination that remediation is not necessary. The director may determine that remediation of a release of waste-derived constituents from the sanitary landfill facility is not necessary if the owner or operator demonstrates one of the following:

(a) The ground water is additionally contaminated by substances that have originated from a source other than the sanitary landfill facility and those substances are present in concentrations such that cleanup of the release from the sanitary landfill facility would provide no significant reduction in risk to actual or potential receptors.

(b) The constituent(s) present in ground water that:

(i) Is not currently or reasonably expected to be a source of drinking water; and

(ii) Is not hydraulically connected with waters to which the waste-derived constituent(s) are migrating or are likely to migrate in a concentration(s) that would exceed the ground water remediation standards established under paragraph (F)(7) of this rule.

(c) Remediation of release(s) is technically impractical.

(d) Remediation results in unacceptable cross-media impacts.

(9) A determination by the director pursuant to paragraph (F)(8) of this rule shall not affect the director's authority to require the owner or operator to undertake source control measures or other measures that may be necessary to eliminate or minimize further releases to ground water, to prevent exposure to ground water, or to remediate ground water to concentrations that are technically practicable and significantly reduce threats to human health and the environment.

(10) Selection of corrective measure. The director shall select from the corrective measures plan, or designate according to paragraph (F)(6) of this rule, the corrective measure which best meets the criteria listed in paragraphs (F)(2), (F)(3), and (F)(7) of this rule. The owner or operator shall implement the corrective measure designated by the director in accordance with the schedule of implementation selected by the director.

[COMMENT: Upon the selection of a corrective measure by the director, the owner/operator shall comply with the financial assurance requirements of rule 3745-27-18 of the administrative code.]

(11) Determination that corrective measure not technically practicable. The director may determine, based on information developed by the owner or operator after implementation of the remediation procedure has begun, or from other information, that compliance with the requirement(s) for the remediation procedure selected under paragraphs (F)(10) of this rule is not technically practicable. In making such a determination, the director shall consider the following:

(a) The owner's or operator's efforts to achieve compliance with the requirement(s).

(b) Whether other currently available or new methods or techniques could practicably achieve compliance with the requirements.

(12) Alternative measures. If the director determines that compliance with a remediation procedure requirement is not technically practicable, then the director may require that the owner or operator do the following:

(a) Implement alternate measures to control human or environmental receptor exposure to residual contamination, as necessary, to protect human health and safety and the environment.

(b) Implement alternate measures for control of the sources of contamination, or for removal or decontamination of equipment, units, devices, or structures required to implement the remediation procedure(s), that are both of the following:

(i) Technically practicable.

(ii) Consistent with the overall objective of the remediation procedure.

(13) All solid wastes that are managed pursuant to a remediation procedure required under paragraph (F)(10) of this rule, or an interim measure required under paragraph (F)(6) of this rule, shall be managed in a manner:

(a) That is protective of human health and the environment.

(b) That complies with applicable laws and regulations.

(14) Semiannual corrective measures activities report. The owner or operator shall submit to the appropriate Ohio EPA district office and the approved health department, upon implementation of the remediation procedure chosen under paragraph (F)(10) of this rule, a report of the activities being conducted at the facility as part of implementation of the corrective measures program. Any documents or data previously submitted by the owner/operator during the semiannual period need not be submitted with the semiannual report. Previously submitted documents or data shall be referenced within the semiannual report as having been submitted. This report shall be submitted semiannually and contain the following:

(a) A narrative description of all remedial activities that have occurred since the previous report.

(b) All data generated as part of the remedial activities at the facility.

(15) Completion of corrective measures. The corrective measures selected pursuant to paragraph (F)(10) of this rule shall be considered complete when the following occurs:

(a) The owner or operator complies with the ground water remediation standards established under paragraph (F)(7) of this rule at all points within the plume of contamination that lie beyond the limits of waste placement.

(b) Compliance with the ground water remediation standards established under paragraph (F)(7) of this rule has been achieved by demonstrating semiannually via ground water monitoring that the contamination has not exceeded the ground water remediation standard(s) for a period of three years or until the end of the post-closure care period, whichever is longer, using the statistical procedures and performance standards in paragraphs (C)(6) and (C)(7) of this rule. The director may specify an alternative length of time during which the owner or operator shall demonstrate that the contamination has not exceeded the ground water protection standard(s) taking into account the following considerations:

(i) Extent and concentration of the contamination.

(ii) Behavior characteristics of the contamination in the ground water.

(iii) Accuracy of monitoring or modeling techniques, including any seasonal, meteorological, or other environmental variabilities that may affect the accuracy.

(iv) Characteristics of the ground water.

(c) All actions required to complete the corrective measure have been satisfied.

(16) Certification corrective measures completed. Upon completion of the corrective measure, the owner or operator shall certify within fourteen days to the director that the corrective measure has been completed in compliance with paragraph (F)(15) of this rule. The certification shall be signed by the owner or operator and a qualified ground water scientist. A copy of the certification shall be placed in the operating record. Upon approval by the director of the certification, the owner or operator shall be released from the financial assurance requirements for corrective measures under rule 3745-27-18 of the Administrative Code.

Appendix I

Compound CAS

RN2

1 Antimony See note 3

2 Arsenic See note 3

3 Barium See note 3

4 Beryllium See note 3

5 Cadmium See note 3

6 Chromium See note 3

7 Cobalt See note 3

8 Copper See note 3

9 Lead See note 3

10 Nickel See note 3

11 Selenium See note 3

12 Silver See note 3

13 Thallium See note 3

14 Vanadium See note 3

15 Zinc See note 3

16 Acetone 67-64-1

17 Acrylonitrile 107-13-1

18 Benzene 71-43-2

19 Bromocholoromethane 74-97-5

20 Bromodicholoromethane 75-27-4

21 Bromoform; Tribromomethane 75-25-2

22 Carbon disulfide 75-15-0

23 Carbon tetrachloride 56-23-5

24 Chlorobenzene 108-90-7

25 Chloroethane; Ethyl cloride 75-00-3

26 Chloroform; Trichloromethane 67-66-3

27 Dibromochloromethane; Chlorodibromomethane 124-48-1

28 1,2-Dibromo-3-chloropropane; DBCP 96-12-8

29 1,2-Dibromoethane; Ethylene

dibromide; EDB 106-93-4

30 o-Dichlorobenzene; 1,2-Dichlorobenzene 95-50-1

31 p-Dichlorobenzene; 1,4-Dichlorobenzene 106-46-7

32 trans-1, 4-Dichloro-2-butene 110-57-6

33 1,1-Dichloroethane; Ethylidene chloride 75-34-3

34 1,2-Dichloroethane; Ethylidene dichloride 107-06-2

35 1,1-Dichloroethylene; 1,1-Dichloroethene; Vinylidene chloride 75-35-4

36 cis-1, 2-Dichlorothylene; cis-1, 2-Dichloroethene 156-59-2

37 trans-1,2-Dichloroethylene; trans-1, 2-Dichloro-ethene 156-60-5

38 1,2-Dichloropropane; Propylene dichloride 78-87-5

39 cis-1,3-Dichloropropene 10061-01-5

40 trans-1, 3-Dichloropropene 10061-02-6

41 Ethylbenzene 100-41-4

42 2-Hexanone; Methyl butyl ketone 591-78-6

43 Methyl bromide; Bromomethane 74-83-9

44 Methyl chloride; Chloromethane 74-87-3

45 Methylene bromide; Dibromomethane 74-95-3

46 Methylene chloride; Dichloromethane 75-09-2

47 Methyl ethyl ketone; MEK; 2-Butanone 78-93-3

48 Methyl iodide; iodomethane 74-88-4

49 4-Methyl-2-pentanone; Methyl isobutyl ketone 108-10-1

50 Styrene 100-42-5

51 1,1,1,2-Tetrachloroethane 630-20-6

52 1,1,2,2-Tetrachloroethane 79-34-5

53 Tetrachloroethylene; Tetrachloroethene; 127-18-4

Perchloroethylene 127-18-4

54 Toluene 108-88-3

55 1,1,1-Trichloroethane; Methylchloroform 71-55-6

56 1,1,2-Trichloroethane 79-00-5

57 Trichloroethylene; Trichloroethene 79-01-6

58 Trichloroflouromethane; CFC-11 75-69-4

59 1,2,3-Trichloropropane 96-18-4

60 Vinyl acetate 108-05-4

61 Vinyl chloride 75-01-4

62 Xylenes See note 4

63 Ammonia

64 Chloride

65 Sodium

66 Potassium

67 Temperature

68 pH

69 Specific conductance

70 Total dissolved solids

71 Total alkalinity

72 Nitrate-nitrite

73 Sulfate

74 Magnesium

75 Calcium

76 Turbidity

77 Iron

78 Manganese

Note 1. Common names are those widely used in government regulations, scientific publications, and commerce; synonyms exist for many chemicals.

Note 2. Chemical Abstract Service registry number.

Note 3. Analysis for these compounds shall be representative of the quality background ground water that has not been affected by past or present operations at the sanitary landfill facility and representative of the quality of ground water passing directly downgradient of the limits of solid waste placement.

Note 4. Xylene (total): this entry includes o-xylene (CAS RN 96-47-6), m-xylene (CAS RN 108-38-3), p-xylene (CAS RN 106-42-3), and unspecified xylenes (dimethylbenzenes) (CAS RN 1330-20-7).

Appendix II

Compound CAS RN2

1 Acenaphthene; 1,2-Dihydroacenaphthylene 83-32-9

2 Acenaphthylene 208-96-8

3 Acetone; 2-Propanone 67-64-1

4 Acetonitrile; Methyl cyanide 75-05-8

5 Acetophenone; 1-Phenylethanone 98-86-2

6 2-Acetylaminoflourene; 2-AAF; N-9H-flouren-2-yl-acetamide 53-96-3

7 Acrolein; 2-Propenal 107-02-8

8 Acrylonitrile; 2-Propenenitrile 107-13-1

9 Aldrin; 1,2,3,4,10,10-hexachlora-1,4,4a,5,8,8a

-hexahydro (1a, 4a, 4ab, 5a, 8a, 8ab)-1, 4:5, 8

-Dimethanonaphthalene 309-00-23

10 Allyl chloride; 3-Chloro-1-propene 107-05-1

11 4-Aminobiphenyl; [1,1'-Biphenyl]-4-amine 92-67-1

12 Anthracene 120-12-7

13 Antimony See note 4

14 Arsenic See note 4

15 Barium See note 4

16 Benzene 71-43-2

17 Benzo [a] anthracene; Benzanthracene 56-55-3

18 Benzo [b] flouranthene; Benz [e] acephenanthylene 205-99-2

19 Benzo [k] flouranthene 207-08-9

20 Benzo [ghi] perylene 191-24-2

21 Benzo [a] pyrene 50-32-8

22 Benzyl alcohol; Benzenemethanol 100-51-6

23 Beryllium See note 4

24 alpha-BHC; 1,2,3,4,5,6-Hexachlorocyclohexane,

(1a,2a,3b, 4a, 5b, 6b) 319-84-63

25 beta-BHC; 1,2,3,4,5,6-Hexachlorocyclohexane,

(1a, 2b, 3a, 4b, 5a, 6b) 319-85-73

26 delta-BHC; 1,2,3,4,5,6-Hexachlorocyclohexane,

(1a,2a,3a,4b,5a,6b) 319-86-83

27 gamma-BHC; Lindane; 1,2,3,4,5,6-Hexachlorocyclohexane,

(1a,2a,3b,4a,5a,6b) 58-89-93

28 bis (2-Chloroethoxyl) methane; 1, 1'-[methylenebis (oxy)]

bis [2-chloroethane] 111-91-1

29 bis (2-Chloroethyl) ether; Dichloroethyl ether;

1,1'-oxybis [2-Chloroethane] 111-44-4

30 bis-(2-Chloro-1-methylethyl) Ether; 2,2'-Dichloro-

diisopropyl ether; DCIP; 2,2'-oxybis [1-Chloropropane] 108-60-15

31 bis (2-Ethylhexyl) Phthalate; 1,2-Benzenedicarboxylic

acid, bis (2-Ethylhexyl) ester 117-81-7

32 Bromochloromethane; Chlorobromomethane 74-97-5

33 Bromodichloromethane; Dibromochloromethane 75-27-4

34 Bromoform; Tribromomethane 75-25-2

35 4-Bromophenyl phenyl ether; 1-Bromo-4-phenoxy-benzene 101-55-3

36 Butyl benzyl phthalate; Benzyl butyl phthalate;

1,2-Benzenedicarboxylic acid, Butyl phenylmethyl ester 85-68-7

37 Cadmium See note 4

38 Carbon disulfide 75-15-0

39 Carbon tetrachloride; Tetrachloromethane 56-23-5

40 Chlordane; 1,2,4,5,6,8,8-octochloro-2,3,3a,4,7,7a-

hexahydro-4,7-methano-1H-indene See note 6

41 p-Chloroaniline; 4-Chlorobenzenamine 106-47-8

42 Chlorobenzene 108-90-7

43 Chlorobenzilate; 4-Chloro-a-(4-Chlorophenyl)-a

-Hydroxybenzeneacetic acid, Ethyl ester 510-15-6

44 p-Chloro-m-Cresol; 4-Chloro-3-Methylphenol 59-50-7

45 Chloroethane; Ethyl chloride 75-00-3

46 Chloroform; Trichloromethane 67-66-3

47 2-Chloronaphthalene 91-58-7

48 2-Chlorophenol 95-57-8

49 4-Chlorophenyl phenyl ether; 1-Chloro-4-phenoxy benzene 7005-72-3

50 Chloroprene; 2-Chloro-1,3-butadiene 126-99-8

51 Chromium See note 4

52 Chrysene 218-01-9

53 Cobalt See note 4

54 Copper See note 4

55 m-Cresol; 3-Methylphenol 108-39-4

56 o-Cresol; 2-Methylphenol 95-48-7

57 p-Cresol; 4-Methylphenol 106-44-5

58 Cyanide 57-12-5

59 2,4-D; 2,4-Dichlorophenoxyacetic acid 94-75-7

60 4,4'-DDD; 1,1'- (2,2-Dichloroethylidene)bis

[4-chlorobenzene] 72-54-8

61 4,4'-DDE; 1,1'- (2,2-Dichloroethyenylidene)bis

[4-chlorobenzene] 72-55-9

62 4,4'-DDT; 1,1' - (2,2,2-Trichloroethylidene)bis

[4-chlorobenzene] 50-29-3

63 Diallate; bis (1-Methylethyl) -carbamothoic acid

S- (2,3-Dichloro-2-propenyl) ester 2303-16-4

64 Dibenz [a,h] anthracene 53-70-3

65 Dibenzofuran 132-64-9

66 Dibromocholormethane; Chlorodibromomethane 124-48-1

67 1,2-Dibromo-3-chloropropane; DBCP 96-12-8

68 1,2-Dibromoethane; Ethylene dribromide; EDB 106-93-4

69 Di-n-butyl phthalate; 1,2-Benzenedicarboxylic

acid dibutyl ester 84-74-2

70 o-Dichlorobenzene; 1,2-Dichlorobenzene 95-50-1

71 m-Dichlorobenzene; 1,3-Dichlorobenzene 541-73-1

72 p-Dichlorobenzene; 1,4-Dichlorobenzene 106-46-7

73 3,3'-Dichlorobenzidine; 3,3'-Dichloro-[1,1'-bi

phenyl]-4,4'-diamine 91-94-1

74 trans-1, 4-Dichloro-2-butene 110-57-6

75 Dichlorodifluoromethane; CFC 12 75-71-8

76 1,1-Dichloroethane; Ethylidene chloride 75-34-3

77 1,2-Dichloroethane; Ethylene dichloride 107-06-2

78 1,1-Dichloroethylene; 1,1-Dichloroethene;

Vinylidene chloride 75-35-4

79 cis-1, 2-Dichloroethylene; cis-1, 2-Dichloroethene 156-59-2

80 trans-1, 2-Dichloroethylene; trans-1, 2-Dichloro ethene 156-60-5

81 2, 4-Dichlorophenol 120-83-2

82 2, 6-Dichlorophenol 87-65-0

83 1, 2-Dichloropropane; Propylene dichloride 78-87-5

84 1, 3-Dichloropropane; Trimethylene dichloride 142-28-9

85 2, 2-Dichloropropane; Isopropylidene chloride 594-20-7

86 1, 1-Dichloropropene; 1, 1-Dichloro-1-propene 563-58-6

87 cis-1, 3-Dichloropropene; 10061-01-5

88 trans-1, 3-Dichloropropene 10061-02-6

89 Dieldrin; 3, 4, 5, 6, 9, 9-Hexachloro-1a, 2, 2a, 3, 6, 6a,

7, 7a-octahydro-2, 7:3, 6-dimethanonaphthalene

[2, 3-b] oxirene, (1aa, 2b, 2aa, 3b, 6b, 6aa, 7b, 7aa) 60-57-13

90 Diethyl phthalate; 1,2-Benzenedicarboxylic

acid, Diethyl ester 84-66-2

91 O, O-Diethyl O-2-Pyrazinyl phosphorothioate; Thionazin 297-97-2

92 Dimethoate; Phosphorodithoic acid O, O-Dimethyl-S-

[2- (methylamino) -2-oxoethyl] ester 60-51-5

93 p- (Dimethylamino) azobenzene; N, N-Dimethyl-4-

(phenylazo) benzenamine 60-11-7

94 7,12-Dimethylbenz [a] anthracene 57-97-6

95 3,3'-Dimethylbenzidene; 3,3'-Dimethyl [1, 1'bi phenyl]

-4, 4'-diamine 119-93-7

96 2, 4-Dimethylphenol; m-Xylenol 105-67-9

97 Dimethyl phthalate; 1, 2-Benzenedicarboxylic acid,

dimethyl ester 131-11-3

98 m-Dinitrobenzene 99-65-0

99 4, 6-Dinitro-o-cresol; 4, 6-Dinitro-2-methylphenol;

2-Methyl-4, 6-dinitrophenol 534-52-1

100 2, 4-Dinitrophenol 51-28-5

101 2, 4-Dinitrotoluene; 1-Methyl-2, 4-dinitrobenzene 121-14-2

102 2, 6-Dinitrotoluene; 2-Methyl-1, 3-dinitrobenzene 606-20-2

103 Dinoseb; DMBP; 2-sec-Butyl-4, 6-dinitrophenol;

2- (1-Methylpropyl)-4, 5-dinitrophenol 88-85-7

104 Di-n-octyl phthalate; 1, 2-Benzenedicarboxylic

acid, Dioctyl ester 117-84-0

105 Diphenylamine; N-phenylbenzenamine 122-39-4

106 Disulfoton; Phosphorodithioic acid O, O-diethyl

S- [2- (ethylthio) ethyl] ester 298-04-4

107 Endosulfan I; 6, 7, 8, 9, 10, 10-Hexachloro-1, 5, 5a, 6, 9,

9a-hexahydro-6, 9-methano-2, 4, 3-benzodioxa thiepin,

3-oxide 959-98-8

108 Endosulfan II; 6, 7, 8, 9, 10, 10-Hexachloro-1, 5, 5a, 6, 9,

9a-hexahydro-6, 9-methano-2, 4, 3-benzodioxa

thiepin, 3-oxide (3a, 5aa, 6b, 9b, 9aa) 33213-65-93

109 Endosulfan sulfate; 6, 7, 8, 9, 10, 10-hexachloro-1, 5, 5a, 6, 9,

9a-hexahydro-6, 9-methano-2, 4, 3-benzodioxa

thiepin, 3-3-dioxide 1031-07-8

110 Endrin; 3, 4, 5, 6, 9, 9-hexachloro-1a, 2, 2a, 3, 6, 6a, 7, 7a-

octahydro-2, 7:3, 6-dimethanonaphth [2, 3-

bloxirene, (1aa, 2b, 2ab, 3a, 6a, 6ab, 7b, 7aa) 72-20-83

111 Endrin aldehyde; 2, 2a, 3, 3, 4, 7-hexachlorodecahydro-

1, 2, 4-methenocyclopenta [cd] pentalene-5-carboxaldehyde,

(1a, 2b, 2ab, 4b, 4ab, 5b, 6ab, 6bb, 7r*) 7421-93-43

112 Ethylbenzene 100-41-4

113 Ethyl methacrylate; 2-Methyl-2-propenoic acid, ehtylester 97-63-2

114 Ethyl methanesulfonate; Methanesulfonic acid, ethyl ester 62-50-0

115 Famphur; Phosphorothioic acid, O-[4- [(dimethylamino)

sulfonyl]phenyl]0, 0-dimethyl ester 52-85-7

116 Flouranthene 206-44-0

117 Flourene; 9H-flourene 86-73-7

118 Heptachlor; 1, 4, 5, 6, 7, 8, 8-heptachloro-3a, 4, 7, 7a

-tetrahydro-4, 7-methano-1H-indene 76-44-8

119 Heptachlor epoxide; 2, 3, 4, 5, 6, 7, 7-Heptachloro-1a, 1b,

5, 5a, 6, 6a-hexahydro-2, 5-methano-2h-indeno

[1, 2-b] oxirene, (1aa, 1bb, 2a, 5a, 5ab, 6b, 6aa) 1024-57-33

120 Hexachorobenzene 118-74-1

121 Hexachlorobutadiene; 1, 1, 2, 3, 4, 4-Hexachloro-1, 3-butadiene 87-68-3

122 Hexachlorocyclopentadiene; 1, 2, 3, 4, 5, 5-Hexachloro-

1, 3-cyclopentadiene 77-47-4

123 Hexachloroethane 67-72-1

124 Hexachloropropene; 1, 1, 2, 3, 3, 3-Hexachloro-1-propene 1888-71-7

125 2-Hexanone; Methyl butyl ketone 591-78-6

126 Indeno (1, 2, 3-cd) pyrene 193-39-5

127 Isobutyl alcohol; 2-Methyl-1-propanol 78-83-1

128 Isodrin; 1, 2, 3, 4, 10, 10-Hexachloro-1, 4, 4a, 5, 8, 8a-

hexahydro-1, 4, 5, 8-dimethanonaphthalene,

(1a, 4a, 4ab, 5b, 8b, 8ab) 465-73-63

129 Isophorone; 3, 5, 5-Trimethyl-2-cyclohexen-1-one 78-59-1

130 Isosafrole; 5-(1-Propenyl)-1, 3-benzodioxole 120-58-1

131 Kepone; 1, 1a, 3, 3a, 4, 5, 5a, 5b, 6-decachlorocta

hydro-1, 3, 4-methano-2H-cyclobuta [cd9] pentalen-2-one 143-50-0

132 Lead See note 4

133 Mercury See note 4

134 Methacrylonitrile; 2-Methyl-2-propenenitrile 126-98-7

135 Methapyrilene; N, N-dimethyl-N'-2-pyridinyl-N'-

(1/2-thienylmethyl)-1, 2-ethanediamine 91-80-5

136 Methoxychlor; 1, 1'-(2, 2, 2-Trichloroethylidene)bis

[4-Methoxybenzene] 72-43-5

137 Methyl bromide; Bromomethane 74-83-9

138 Methyl chloride; Chloromethane 74-87-3

139 3-Methylcholanthrene; 1, 2-Dihydro-3-methyl-

benze [j] aceanthrylene 56-49-5

140 Methyl ethyl ketone; MEK; 2-Butanone 78-93-3

141 Methyl iodide; Iodomethane 74-88-4

142 Methyl methacrylate; 2-Methyl-2-propenoic acid, methyl ester 80-62-6

143 Methyl methanesulfonate; Methanesulfonic acid, methyl ester 66-27-3

144 2-Methylnaphthalene 91-57-6

145 Methyl parathion; Parathion methyl; Phosphorothioic

acid, 0, 0-dimethyl 0-(4-nitrophenyl) ester 298-00-0

146 4-Methyl-2-pentanone; Methyl isobutyl ketone 108-10-1

147 Methylene bromide; Dibromomethane 74-95-3

148 Methylene chloride; Dichloromethane 75-09-2

149 Naphthalene 91-20-3

150 1, 4-Naphthoquinone; 1, 4-Naphthalenedione 130-15-4

151 1-Naphthylamine; 1-Naphthalenamine 134-32-7

152 2-Naphthylamine; 2-Naphthalenamine 91-59-8

153 Nickel See note 4

154 o-Nitroaniline; 2-Nitroaniline; 2-Nitrobenzenamine 88-74-4

155 m-Nitroaniline; 3-Nitroaniline; 3-Nitrobenzenamine 99-09-2

156 p-Nitroaniline; 4-Nitroaniline; 4-Nitrobenzenamine 100-01-6

157 Nitrobenzene 98-95-3

158 o-Nitrophenol; 2-Nitrophenol 88-75-5

159 p-Nitrophenol; 4-Nitrophenol 100-02-7

160 N-Nitrosodi-n-butylamine; N-Butyl-N-Nitroso-1-butanamine 924-16-3

161 N-Nitrosodiethylamine; N-Ethyl-N-nitroso ethanamine 55-18-5

162 N-Nitrosodimethylamine; N-Methyl-N-nitroso methananmine 62-75-9

163 N-Nitrosodiphenylamine; N-Nitroso-N-phenyl benzenamine 86-30-6

164 N-Nitrosodipropylamine; N-Nitroso-N-dipropylamine;

di-n-propylnitrosamine; N-Nitroso-N-propyl- 1-propanamine 621-64-7

165 N-Nitrosomethylethalamine; N-Methyl-N-nitroso ethanamine 10595-95-6

166 N-Nitrsopiperidine; 1-Nitrosopiperidine 100-75-4

167 N-Nitrosopyrrolidine; 1-Nitrosopyrrolidine 930-55-2

168 5-Nitro-o-toluidine; 2-Methyl-5-nitrobenzenamine 99-55-8

169 Parathion; Phosphorothioic acid, O, O-

diethyl O-(4-nitrophenyl) ester 56-38-2

170 Pentachlorobenzene 608-93-5

171 Pentachloronitrobenzene 82-68-8

172 Pentachlorophenol 87-86-5

173 Phenacetin; N- (4-Ethoxyphenyl) acetamide 62-44-2

174 Phenanthrene 85-01-8

175 Phenol 108-95-2

176 p-Phenylenediamine; 1, 4-Benzenediamine 106-50-3

177 Phorate; Phosphorodithioic acid, O, O-Diethyl S

-[(ethylthio]methyl] ester 298-02-2

178 Polychlorinated biphenyls; PCBs; aroclors;

1, 1'-Biphenyl, chloro derivatives See note 7

179 Pronamide; 3, 5-Dichloro-N-(1, 1-dimethyl-2-

propynyl benzamide 23950-58-5

180 Propionitrile; Ethyl cyanide 107-12-0

181 Pyrene 129-00-0

182 Safrole; 5-(2-Propenyl)-1, 3-benzodioxole 94-59-1

183 Selenium See note 4

184 Silver See note 4

185 Silvex; 2, 4, 5-TP; 2-(2, 4, 5-Trichlorophenoxy) propanoic

acid 93-72-1

186 Styrene; Ethenylbenzene 100-42-5

Compound CAS

RN2

187 Sulfide 18496-25-8

188 2, 4, 5-T; 2, 4, 5-Trichlorophenoxyacetic acid 93-76-5

189 1, 2, 4, 5-Tetrachlorobenzene 95-94-3

190 1, 1, 1, 2-Tetrachloroethane 630-20-6

191 1, 1, 2, 2-Tetrachloroethane 79-34-5

192 Tetrachloroethylene; Tetrachloroethene;

Perchloroethylene 127-18-4

193 2, 3, 4, 6-Tetrachlorophenol 58-90-2

194 Thallium See note 4

195 Tin See note 4

196 Toluene; Methylbenzene 108-88-3

197 o-Toluidine; 2-Methylbenzenamine 95-53-4

198 Toxaphene See note 8

199 1, 2, 4-Trichlorobenzene 120-82-1

200 1, 1, 1-Trichloroethane; Methylchloroform 71-55-6

201 1, 1, 2-Trichloroethane 79-00-5

202 Trichloroethylene; Trichloroethene 79-01-6

203 Trichlorofluoromethane; CFC-11 75-69-4

204 2, 4, 5-Trichlorophenol 95-95-4

205 2, 4, 6-Trichlorophenol 88-06-2

206 1, 2, 3-Trichloropropane 96-18-4

207 o, o, o-Triethyl phosphorothioate; Phosphorothioic acid,

o, o, o-triethyl ester 126-68-1

208 sym-Trinitrobenzene; 1, 3, 5-Trinitrobenzene 99-35-4

209 Vanadium See note 4

210 Vinyl acetate; Acetic acid, ethenyl ester 108-05-4

211 Vinyl chloride; Chloroethene 75-01-4

212 Xylene (total); Dimethylbenzene See note 9

213 Zinc See note 4

Note 1: Common names are those widely used in government regulation, scientific publications, and commerce; synonyms exist for many chemicals.

Note 2: Chemical Abstract Service registry number. Where "total" is entered, all species in ground water that contain this element are included.

Note 3: When numbers and letters appear in this form at the end of a chemical name, i.E. (1a, 4a, 4aB, 5a, 8a, 8aB), the following applies: "a" = small case "a"; "a" (italic) = alpha; "b" = small case "b"; and "B" (italic) = beta.

Note 4: Analysis for these compounds shall be representative of the quality background ground water that has not been affected by past or present operations at the sanitary landfill facility and representative of the quality of ground water passing directly downgradient of the limits of solid waste placement.

Note 5: CAS No. 108-60-1. This substance is often called bis (2-Chloroisopropyl) ether, the name Chemical Abstracts Service applies to its commercial isomer, propane, 2, 2"-oxybis [2-Chloro- (CAS RN 39638-32-9).

Note 6: Chlordane: This entry includes alpha-chlordane (CAS RN 5103-71-9), beta-Chlordane (CAS RN 5103-74-2), gamma-Chlordane (CAS RN 5566-34-7), and constituents of Chlordane (CAS RN 54-74-9 and CAS RN 12789-03-06).

Note 7: Polychlorinated biphenols (CAS RN 1336-36-3); This category contains congener chemicals, including constituents of Aroclor 1016 (CAS RN 12674-11-2), Aroclor 1221 (CAS RN 11104-28-2), Aroclor 1232 (CAS RN 11141-16-5), Aroclor 1242 (CAS RN 53469-21-9), Aroclor 1248 (CAS RN 12672-29-6), Aroclor 1254 (CAS RN 11097-69-1), and Aroclor 1260 (CAS RN 11096-82-5).

Note 8: Toxaphene: This entry includes congener chemicals contained in technical toxaphene (CAS RN 8001-35-2, i.e., chlorinated camphene.

Note 9: Xylene (total): This entry includes o-xylene (CAS RN 96-47-6), m-xylene (CAS RN 108-38-3), p-xylene (CAS RN 106-42-3), and unspecified xylenes (dimethylbenzenes) (CAS RN 1330-20-7).

Eff 3-1-90; 6-1-94; 8-15-03
Rule promulgated under: RC Chapter RC Chapter 119.
Rule authorized by: RC R.C. 3734.02 , R.C. 3734.12
Rule amplifies: RC RC Section 3734.02 , RC Section 3734.12 .
R.C. 119.032 review dates: 8/15/2008

3745-27-11 Final closure of a sanitary landfill facility.

(A) Applicability.

(1) The owner or operator of a sanitary landfill facility, shall keep the "final closure/post-closure plan" in the operating record of the sanitary landfill facility in accordance with the requirements of rule 3745-27-09 of the Administrative Code.

(2) The owner or operator of a sanitary landfill facility that ceased acceptance of waste prior to June 1, 1994, as determined by the notification required by paragraph (E) of this rule, shall do one of the following, whichever is applicable:

(a) If, the director has approved a "final closure/post-closure plan" for a sanitary landfill facility, the owner or operator shall continue to comply with a previously approved "final closure/post-closure plan" and this rule.

(b) If the director has not approved a "final closure/post-closure plan" for the sanitary landfill facility, the owner or operator shall complete closure activities in accordance with the following requirements until a "final closure/post-closure plan;" is approved:

(i) Complete closure activities in accordance with paragraphs (F), (G), (H), (I) and (J) of this rule.

(ii) Comply with rule 3745-27-10 of the Administrative Code.

(iii) Comply with rule 3745-27-15 of the Administrative Code and rule 3745-27-16 of the Administrative Code.

(iv) Comply with rule 3745-27-12 of the Administrative Code.

(c) If the final closure certification report for the sanitary landfill facility has not been submitted in accordance with paragraph (j) of this rule, the owner or operator shall comply with paragraphs (f) to (l) of this rule, and rules 3745-27-10AND3745-27-16 of the administrative code.

(d) The requirements specified in paragraph (A)(2) of this rule do not affect other schedules or requirements specified in administrative or judicial orders or consent agreements. The director may authorize or approve other schedules or requirements. This rule shall not be construed to affect the liability of the owner, operator, permittee, or licensee for past violations of this rule as effective June 1, 1994, March 1, 1990, or of rule 3745-27-10 of the Administrative Code, as effective July 29, 1976.

(B) Final closure/post-closure plan. The owner or operator shall prepare a final closure/post-closure plan in accordance with this rule for the sanitary landfill facility, which shall, at a minimum, contain all the items specified in paragraphs (B)(1) to (B)(10) of this rule. The final closure/post-closure plan shall contain all of the items specified in paragraphs (B)(1) to (B)(10) of this rule for all contiguous unit(s) of a sanitary landfill facility and shall separately address the items specified in paragraphs (B)(1) to (B)(10) of this rule for each noncontiguous unit of a sanitary landfill facility. In the alternative, the owner or operator may prepare separate final closure/post-closure plans for each noncontiguous unit of a sanitary landfill facility.

(1) The name and location of the facility and the unit(s) included in the final closure/post-closure plan.

(2) Any variances or exemptions from the requirements of this rule or rule 3745-27-14 of the administrative code or any alternative schedule for completing final closure activities:

[Comment: If a variance, exemption, or alternative schedule is identified, the request must be submitted to the director and must receive prior approval; otherwise, the rule requirements are applicable and enforceable.]

(3) The name, address, and telephone number of the person or office to contact regarding the unit(s) of the sanitary landfill facility during the final closure and post-closure care periods.

(4) Schedule of installation of any explosive gas control systems.

(5) The following information to be presented in the same manner as outlined in rule 3745-27-06 of the Administrative Code:

(a) Plan drawings of the horizontal limits and top elevations of waste and the cap system; and surface water control structures including permanent ditches to control run-on and runoff; and sedimentation ponds including the inlet and outlet.

(b) Establish a grid system with northings and eastings not more than five hundred feet apart.

(c) Detail drawings of the composite cap system including but not limited to the key trench, any penetrations, cap drainage structures, and surface water drainage structures.

(d) Detail drawings of sedimentation pond and discharge structures and surface water run-on and runoff control structures.

(e) Static and seismic stability analysis.

(f) For a sanitary landfill facility subject to paragraph (a)(2)(a) or (a)(2)(b) of this rule, the ground water detection monitoring plan.

(g) For a sanitary landfill facility subject to paragraph (a)(2)(a) or (a)(2)(b) of this rule, the financial assurance information in accordance with rules 3745-27-15 and 3745-27-16 of the administrative code.

(6) Description of availability and suitability of CAP material.

(7) Quality assurance/quality control plan for cap system construction.

(8) For a sanitary landfill facility subject to paragraph (A)(2)(a) or (A)(2)(b) of this rule, the explosive gas monitoring plan.

(9) Description of anticipated measures to control erosion.

(10) Contingency plans for leachate, fire, differential settling.

(C) Mandatory closure. The owner or operator shall begin final closure activities in accordance with the final closure/post-closure plan and paragraph (F) of this rule no later than seven days after any of the occurrences specified in this paragraph. Approval of the final closure/post-closure plan does not affect the owner's or operator's obligations to begin and complete final closure activities in accordance with paragraphs (G) and (H) of this rule.

(1) It is mandatory to begin closure activities for a sanitary landfill facility upon the occurrence of any of the following:

(a) A solid waste disposal license issued for the sanitary landfill facility has expired, and a renewal license has not been applied for in the manner prescribed in Chapter 3745-37 of the Administrative Code.

(b) A solid waste disposal license issued for the sanitary landfill facility has expired, AND another license has been applied for and denied as a final action.

(c) A solid waste disposal license issued for the sanitary landfill facility has been revoked as a final action.

(d) A solid waste disposal license issued for the sanitary landfill facility has been suspended as a final action.

(e) The sanitary landfill facility otherwise ceases to receive solid waste and there is additional approved capacity remaining in the unit(s) of the sanitary landfill facility. However, closure is not mandatory for a period of one year after ceasing to receive solid waste if operations will resume at the sanitary landfill facility during the year.

(2) It is mandatory to begin closure activities for a noncontiguous unit(s) of a sanitary landfill facility upon the occurrence of any of the following:

(a) The owner or operator declares that the noncontiguous unit(s) will cease acceptance of solid waste for disposal by a date certain.

(b) All approved limits of solid waste placement for the noncontiguous unit(s) have been reached, as specified in the plan approval, operational report, approved permit(s) to install, or other authorization of the director.

(3) It is mandatory to begin closure activities for contiguous units of a sanitary landfill facility upon the occurrence of any of the following:

(a) The owner or operator declares that the all of the contiguous unit will cease acceptance of sold waste by a date certain.

(b) All approved limits of solid waste placement for all of the contiguous units have been reached, as specified in the plan approval, operational report, approved permit(s) to install, or other authorization of the director.

(4) It is mandatory to begin closure activities for an existing unit of a sanitary landfill facility, if the owner or operator cannot demonstrate, pursuant to paragraph (B) of rule 3745-27-20 of the Administrative Code that the existing unit complies with the applicable location restrictions and is required to close pursuant to rule 3745-27-20 of the Administrative Code.

(D) Notification of anticipated date to cease acceptance of solid waste.

(1) The owner or operator shall provide notice by certified mail or any other form of mail accompanied by a receipt of the anticipated date on which the sanitary landfill facility will cease to accept solid waste if final closure is or will be triggered for all unit(s) by paragraph (C)(1)(a) or (C)(2) of this rule, such notice shall be provided not less than ninety days prior to the anticipated date on which solid waste will cease to be accepted.

(2) The owner or operator shall send a copy of the notice specified in paragraph (D)(1) of this rule to the following:

(a) The board of health having jurisdiction;

(b) The single or joint county solid waste planning district in which the facility is located.

(c) The director.

(3) Concurrently with the submission of the notice required by paragraph (D)(1) of this rule, the owner or operator shall commence publishing at three-week intervals, prominent notice of the anticipated date on which solid waste will cease to be accepted at the sanitary landfill facility. Such notice shall be published in the county in which the sanitary landfill facility is located and in any other county which has been a source of at least twenty-five per cent of the solid wastes deposited at the sanitary landfill facility over the previous twelve months of operation. Notice shall be provided to the director and the board of health having jurisdiction that affirms the notices have been published in accordance with this paragraph. The public notice requirement shall not apply to a sanitary landfill facility; owned by a generator, exclusively disposing of solid wastes generated at premises owned by the generator.

(4) Not less than thirty days prior to the anticipated date on which the facility will cease to accept solid waste, notice shall be provided by certified mail or any other form of mail accompanied by a receipt to the director of any changes to the information that identifies the facility's final closure contact person.

(E) The owner or operator shall send notification by certified mail or any other form of mail accompanied by a receipt to the director and to the board of health having jurisdiction, as to the actual date that the unit(s) of the sanitary landfill facility ceased to accept solid waste. Notification shall be sent to the director and the board of health having jurisdiction not later than seven days after the date specified in the notification.

(F) The owner or operator shall begin final closure activities, for all contiguous unit(s) or for each noncontiguous unit(s) of the sanitary landfill facility, not later than seven days after any of the occurrences in paragraph (C) of this rule. Final closure activities for all unit(s) of a sanitary landfill facility shall include, at a minimum, the items specified in paragraphs (G) and (H) of this rule.

(G) Composite cap system. The owner or operator shall construct a composite cap system in accordance with the following:

(1) The cap design approved in the permit or in a subsequently approved alteration, unless paragraph (g)(2) or (g)(3) or (g)(4) of this rule applies.

(2) If the sanitary landfill facility was subject to paragraph (b)(1) of rule 3745-27-09 of the administrative code, as effective June 1, 1994, the cap design in the closure/post-closure plan. If the cap design in the closure/post-closure plan is revised after the effective date of this rule, the cap design is to comply with rule 3745-27-08OFtheadministrativecode.

(3) If a unit for a sanitary landfill facility, has areas which have been capped, graded, and seeded in accordance with paragraphs (C)(1) to (C)(4) of rule 3745-27-10 of the Administrative Code, as effective July 29, 1976, or in accordance with paragraph (G)(2) or (G)(3) or (G)(4) of this rule, effective June 1, 1994, those areas need not have cap system as as required by rule 3745-27-08 of the Administrative Code.

(4) If closure of the sanitary landfill facility is in accordance with paragraph (m) of the June 1, 1994 effective version of rule 3745-27-11 of the administrative code, the owner or operator shall construct a cap in accordance with rule 3745-27-08 of the administrative code.

(H) Other closure activities.

(1) The owner or operator shall continue to comply with rule 3745-27-19 of the administrative code and all monitoring and reporting activities required during the operating life of the unit(s) of the sanitary landfill facility until the closure certification is submitted and the post-closure care period begins.

(2) The owner or operator shall install the required surface water control structures including permanent ditches to control run-on and runoff and sedimentation pond(s), as shown in the final closure/post-closure plan, and as necessary, grade all land surfaces to prevent ponding of water where solid waste has been placed and institute measures to control erosion.

[Comment: the minimum slope standard in oac rule 3745-27-08isadesignstandard. For closure certification, it is not necessary to regrade the site if there is not a ponding problem, even if the slope no longer meets the design in the closure/post-closure plan.]

(3) The owner or operator shall design and install a ground water monitoring system in accordance with rule 3745-27-10 of the Administrative Code, if a system is not already in place.

(4) The owner or operator shall bait for rodents and treat for other vectors as necessary.

(5) The owner or operator shall record on the plat and deed to the sanitary landfill facility property, or on some other instrument which is normally examined during title search, that will in perpetuity notify any potential purchaser of the property. A notation describing the impacted acreage, exact location, depth, volume, and nature of solid waste deposited in the unit(s) of the sanitary landfill facility.

(6) Upon ceasing acceptance of waste in all unit(s) of a sanitary landfill facility, the owner or operator shall post signs, in such a manner as to be easily visible from all access roads leading onto the sanitary landfill facility, stating in letters not less than three inches high that the sanitary landfill facility no longer accepts solid waste. Signs shall be maintained in legible condition for not less than two years after final closure activities have been completed. This paragraph shall not apply to sanitary landfill facilities owned and permitted by a generator of solid wastes if the sanitary landfill facility exclusively disposes of solid wastes generated at the premises owned by the generator.

(7) Upon ceasing acceptance of waste in all unit(s) of the sanitary landfill facility, the owner or operator shall block, by locked gates, fencing, or other sturdy obstacles, all entrances and access roads to the sanitary landfill facility to prevent unauthorized access during the final closure and post-closure period.

(I) Final closure activities shall be completed not later than one hundred and eighty days after any of the occurrences in paragraph (c) of this rule, unless an alternate schedule has been approved by the director.

(J) Final closure certification. Not later than ninety days after the completion of final closure activities for all contiguous unit(s) and for each noncontiguous unit(s), the owner or operator shall submit to the director, and to the board of health having jurisdiction, a written certification report. The final closure certification shall include verification that the unit(s) of the sanitary landfill facility has been closed in accordance with this rule and the "final closure/post-closure plan". The final closure certification shall at a minimum include the following:

(1) A list of the construction certification reports for construction of the composite cap system with the date of submittal and a topographic map of the entire sanitary landfill facility showing the areas certified by each report. The map shall also show the horizontal limits of waste placement and the surface water control structures including permanent ditches to control run-on and runoff, and the following if present: the sedimentation pond(s) including the inlet and outlet, the outlet of any permanent ground water control structures, and the explosive gas control system.

(2) A demonstration that the ground water monitoring system meets the requirements of rule 3745-27-10 of the administrative code.

(3) A copy of the plat and deed or other instrument which is normally examined during a title search, showing the notation required by paragraph (H)(5) of this rule and bearing the mark of recordation of the office of the county recorder for the county in which the property is located.

(4) A demonstration that the sign required by paragraph (H)(6) of this rule has been posted, and that all entrances and access roads have been blocked as required by paragraph (H)(7) of this rule.

(K) The health commissioner and the director, or their authorized representatives, upon proper identification, may enter any unit(s) of the sanitary landfill facility at any time during the final closure period for the purpose of determining compliance with this rule.

(L) It is the responsibility of the owner or operator to complete final closure of the unit(s) of a sanitary landfill facility in a manner that minimizes the need for further maintenance and minimizes post-closure formation and release of leachate and explosive gases to air, soil, ground water, or surface water to the extent necessary to protect human health and the environment.

R.C. 119.032 review dates: 04/23/2014 and 04/23/2019
Promulgated Under: 119.03
Statutory Authority: 3734.02 , 3734.12
Rule Amplifies: 3734.02 , 3734.12
Prior Effective Dates: 3/1/1990, 6/1/1994, 8/15/2003

3745-27-12 Explosive gas migration monitoring for a sanitary landfill facility.

(A) Applicability and implementation. This rule applies to the following:

(1) The owner or operator of a sanitary landfill facility in operation on or after June 1, 1994.

(2) The owner or operator, subsequent owner, lessee, or other person who has control of the land on which the closed landfill is located, of any previously licensed closed landfill, that ceased acceptance of waste prior to June 1, 1994, and after July 1, 1970, and is so situated that a residence or other occupied structure is located within one thousand feet horizontal distance from emplaced wastes.

(3) Persons specified in paragraph (A)(2) of this rule who become subject to the requirements of this rule because a new occupied structure was built within one thousand feet, shall submit an "explosive gas monitoring plan" within one year of construction of the occupied structure. The plan shall be implemented within sixty days of approval or in accordance with a schedule approved by the director.

(4) Persons subject to this rule on the effective date of this rule may revise their "explosive gas monitoring plan," in accordance with paragraph (H)(2) of this rule.

(5) For the purposes of this rule, "occupied structure" means an enclosed structure where one or more human beings may be present, but does not include structures that are open to natural free air circulation such that the explosive gas hazard is minimized.

(6) For the purposes of this rule, the "explosive gas monitoring plan" is implemented upon the commencement of explosive gas sampling in accordance with this rule.

(7) This rule does not apply to the following:

(a) A sanitary landfill or closed sanitary landfill that exclusively disposes, or disposed, of solid waste generated on the premises where the landfill or closed landfill is located.

(b) A sanitary landfill or closed sanitary landfill that exclusively disposes, or disposed, of solid wastes generated on one or more premises owned by the person who owns the landfill or closed landfill.

(c) A sanitary landfill or closed sanitary landfill owned or operated by a person other than the generator of the wastes that exclusively disposes, or disposed of, either of the following:

(i) Nonputrescible solid wastes.

(ii) Nonputrescible wastes generated by a single generator at one or more premises owned by the generator.

(d) For the purposes of this paragraph, "nonputrescible solid wastes" are those solid wastes that do not generate explosive gases during decomposition. Nonputrescible solid wastes include residual wastes with the exception of residual wastes generated from pulp and papermaking operations as identified by paragraph (B)(3) of rule 3745-30-01 of the Administrative Code.

(B) The director shall not approve an "explosive gas monitoring plan" unless he determines the following:

(1) The explosive gas monitoring plans, specifications, and information, are documented in a manner acceptable to the director. If additional information is necessary to determine whether the "explosive gas monitoring plan" can be approved, the person identified in paragraph (A) of this rule shall supply such information as a precondition to further consideration.

(2) The document must show that the explosive gas monitoring system is designed and capable of being constructed and operated in accordance with this rule and with any terms and conditions of an approved explosive gas monitoring plan.

An "explosive gas monitoring plan" submitted to the director for approval, notwithstanding its deficiencies, shall be considered and acted upon if sufficient information is provided and the director can determine whether the criteria set forth in this paragraph are satisfied.

(C) The "explosive gas monitoring plan" shall contain the items specified in paragraphs (D) and (E) of this rule.

(D) For a sanitary landfill facility subject to paragraph (A) of this rule, the content of the explosive gas monitoring system design document shall include the items specified in paragraphs (D)(1) to (D)(5) of this rule in that order.

(1) Completed application form as prescribed by the director.

(2) Site environs:

(a) Detailed scale topographical map(s) [1" = 200 feet] of the site showing the following:

(i) The property boundary and facility boundary of the sanitary landfill facility and the horizontal limits of solid waste placement.

(ii) A zone encompassing the landfill defined by the locus of points extending outward one thousand feet from the horizontal limits of waste placement and parallel to the limits of waste placement. A second similar zone defined by a locus of points extending outward two hundred feet from the horizontal limits of waste placement and parallel to the limits of waste placement.

(iii) All property boundaries, property ownership, political subdivisions, and zoning classifications within the one thousand foot zone.

(iv) On-site and off-site structures within the one thousand foot zone.

(v) All potential explosive gas migration pathways within the one thousand foot zone that are manmade including, but not limited to, roads, railroads, underground utilities, mines, field tiles, storm sewers, water lines, electric cables, and pipelines.

(vi) All other potential sources of explosive gas within the one thousand foot zone including, but not limited to, oil and gas wells, other landfills and any swamps.

(b) Legal description of landfill property.

(c) The following geological information:

(i) The ground water table depth in the proximity of the fill, fluctuations in ground water levels, and factors that influence ground water level fluctuations.

(ii) Discussion of site and surrounding area topography.

(iii) Discussion of any natural site characteristics that may act as natural impervious boundaries to gas migration or allow natural venting of gas.

(iv) Discussion characterizing all potential explosive gas migration pathways identified in paragraphs (D)(2)(a)(v) and (D)(2)(c)(vi) of this rule and their associated explosive gas hazard.

(v) Discussion and identification of any other sources of explosive gases within the one thousand foot zone which may potentially cause subsurface migration of explosive gas.

(vi) Geologic cross section of the perimeter of the landfill property showing the potential natural pathways. Cross sections shall equal the depth of the fill at the defined points.

(3) Landfill characteristics:

(a) Lowest elevation of waste placement, if known.

(b) Depth of excavation, if known.

(c) Discussion of historical operations of landfill, including dates of origin, operation, and closure, previous landfill ownership, previous landfill operators, and previous or current regulatory authorizations granted for the site.

(d) Discussion of any records or information regarding the type of wastes disposed of at the site.

(e) Discussion of site construction details to include the type and characteristics of the liner (if any), type and characteristics of final cover, and an evaluation of existing cover conditions.

(f) Description of any existing and operating gas extraction or gas venting system.

(g) Description of any existing explosive gas monitoring system and an evaluation of its effectiveness.

(4) Review of explosive gas generation potential:

(a) Review and summary of historical records pertaining to explosive gas investigations, visual/olfactory inspections or complaints, incidents of dead vegetation, odor problems, or snow melt possibly due to gas presence.

(b) Discussion of the latest explosive gas investigation for this site. (Investigative methods may include barhole sampling, monitoring probes in the landfill, and site observations of odor, final cover damage, and vegetative effects due to gas migration.)

(5) Description of the proposed explosive gas monitoring system, including the following:

(a) Proposed permanent monitor and punch bar station locations, depths, screen intervals, and identification designations.

(i) For sanitary landfill facilities subject to paragraph (A)(1) of this rule, the owner or operator shall use the following:

(a) Permanent monitors or punch bar stations in such locations and in such numbers that explosive gas migration through the unconsolidated stratigraphic unit or fractured bedrock pathway towards the facility boundary will be detected. A punch bar may be used if the explosive gas pathway does not represent a potential hazard to an occupied structure.

(b) For occupied structures located within the horizontal limits of waste placement, explosive gas alarms in the occupied structure upon the consent of the owner of the occupied structure.

(c) For occupied structures located within two hundred feet of the horizontal limits of waste placement, explosive gas alarms in the occupied structure upon the consent of the owner of the occupied structure and either permanent monitor(s) or punch bar stations between the landfill and the structure in such locations and in such numbers that explosive gas migration through the unconsolidated stratigraphic unit or fractured bedrock pathway towards the structure will be detected. A punch bar may be used only if the explosive gas pathway does not represent a potential hazard to the occupied structure.

(d) For occupied structures located within one thousand feet of the limits of waste placement, permanent monitor(s) or punch bar stations may be used between the landfill and the structure in such locations and in such numbers that explosive gas migration through the unconsolidated stratigraphic unit or fractured bedrock pathway towards the structure will be detected. A punch bar may be used if the explosive gas pathway does not represent a potential hazard to the occupied structure.

(e) For occupied structures located within one thousand feet of the limits of waste placement where permanent monitors or punch bar stations cannot be properly located, explosive gas alarms in the occupied structure upon the consent of the owner of the occupied structure.

(ii) For a sanitary landfill facility subject to paragraph (A)(2) of this rule, the person listed in paragraph (A)(2) shall use the following:

(a) For occupied structures located within the horizontal limits of waste placement, explosive gas alarms in the occupiedstructure upon the consent of the owner of the occupied structure.

(b) For occupied structures located within two hundred feet of the horizontal limits of waste placement, explosive gas alarms in the occupied structure upon the consent of the owner of the occupied structure and either permanent monitor(s) or punch bar stations between the landfill and the structure in such locations and in such numbers that explosive gas migration through the unconsolidated stratigraphic unit or fractured bedrock pathway towards the structure will be detected. A punch bar may be used only if the explosive gas pathway does not represent a potential hazard to the occupied structure.

(c) For occupied structures located within one thousand feet of the limits of waste placement, permanent monitor(s) or punch bar stations may be used between the landfill and the structure in such locations and in such numbers that explosive gas migration through the unconsolidated stratigraphic unit or fractured bedrock pathway towards the structure will be detected. A punch bar may be used if the explosive gas pathway does not represent a potential hazard to the occupied structure.

(d) For any occupied structure located within one thousand feet of the limits of waste placement where permanent monitors or punch bar stations cannot be properly located, explosive gas alarms in the occupied structure upon consent of the owner or the occupied structure.

(b) Methods of construction, materials used in construction, installation procedures and quality assurance measures, and security measures to be utilized. The selection of the design, materials, and methods of construction for the permanent monitors shall be demonstrated to be able to detect the migration and to determine the concentration of explosive gas in the unconsolidated stratigraphic unit or fractured bedrock pathway. All permanent monitors shall be designed to eliminate the potential contamination or dilution of explosive gas samples or contamination of ground water.

(c) Location and installation of new and replacement permanent monitors. If the person identified in paragraph (A) of this rule must install a new permanent monitor or replace a damaged or inaccessible permanent monitor then he shall observe the following requirements:

(i) A new permanent monitor, located and constructed in accordance with the approved "explosive gas monitoring plan," shall be installed within one year of new occupied structures or explosive gas pathways being built within one thousand feet of solid waste placement, or topographic or other changes occurring in the vicinity of the landfill, such that a potential for explosive gas migration towards any occupied structure is created.

(ii) A damaged or inaccessible permanent monitor shall be replaced in accordance with the approved "explosive gas monitoring plan" before the next monitoring event.

(iii) The materials and construction of the new or replacement permanent monitor shall be in accordance with the "explosive gas monitoring plan" pursuant to paragraph (D)(5)(b) of this rule.

(iv) The replacement permanent monitor shall be located to monitor the same pathway and shall be located in the same vicinity as the damaged permanent monitor.

(v) The installation of the new or replacement permanent monitor shall be certified in accordance with paragraph (F) of this rule.

(d) Procedure for abandonment of permanent monitors shall be in compliance with rule 3745-9-10 of the Administrative Code, if applicable. A damaged or inaccessible permanent monitor or a permanent monitor which does not meet the requirements of paragraph (D)(5)(b) of this rule shall be abandoned in accordance with the approved"explosive gas monitoring plan."

(e) For the purposes of this rule, a "permanent monitor" is a monitor which will perform throughout the duration of the monitoring period and which meets the performance standards established in paragraph (D)(5)(a) and (D)(5)(b).

(f) Location and installation of new and replacement punch bar stations. If the person identified in paragraph (A) of this rule must locate a new punch bar station or relocate an inaccessible punch bar station, then he shall observe the following requirements:

(i) A new punch bar station shall be located by the next monitoring event after a new occupied structure or explosive gas pathway is built within one thousand feet of solid waste placement, if an explosive gas pathway does not represent a potential hazard to the occupied structure. Otherwise a permanent monitor shall be installed in accordance with paragraph (D)(5)(c) of this rule.

(ii) An inaccessible punch bar station shall either be relocated in the same vicinity or replaced by a permanent monitor before the next monitoring event.

(iii) The location of the new or relocated punch bar station shall be certified in accordance with paragraph (F) of this rule.

(E) The explosive gas monitoring, sampling and reporting procedures document shall be written with such detail and clarity as to be readily understandable by monitoring personnel conducting sampling at the site. Appropriate sections and appendices shall be referenced in the text. Necessary appendices are listed in paragraph (E)(5) of this rule and shall be prepared by the person preparing the document. This document shall address the following areas in the following organizational format:

(1) Monitoring frequency. Permanent monitors and punch bar stations shall be monitored at the following minimum frequencies:

(a) Quarterly, except as specified in paragraphs (E)(1)(b) to (E)(1)(d) of this rule.

(b) Monthly prior to closure if any portion of the sanitary landfill is not lined with a flexible membrane liner.

(c) For a sanitary landfill facility subject to paragraph (A)(2) of this rule, semiannually between the end of five years' post-closure and the director's granting authorization under paragraph (G) of this rule to cease monitoring.

(d) Upon approval by the director, for a sanitary landfill facility subject to paragraph (A)(1) of this rule and regulated under Chapter 3745-29 or Chapter 3745-30 of the Administrative Code, monitoring frequencies after the fifth year of post-closure care may be decreased to semiannual monitoring if the owner or operator can demonstrate that semiannual monitoring will detect off-site migration of explosive gases and is protective of human health and the environment.

(2) Parameters to be monitored including detailed step-by-step instructions of the proper procedures to be utilized in conducting monitoring. The following parameters shall be monitored at all permanent monitor locations and punch bar stations, as noted, in the following order:

(a) Gas pressure in the permanent monitor.

(b) Initial combustible gas concentration in per cent methane by volume (% CH 4v/v). The monitoring equipment shall have a detection limit below twenty-five percent of the lower explosive limit. For the purposes of this rule "initial" means immediately after the gas pressure measurement so as not to inadvertently vent the monitor.

[Comment: The monitor should not be vented prior to measuring the concentration of combustible gas.]

(c) Water level in the permanent monitor.

(d) Ambient barometric pressure.

(e) Ambient air temperature.

(f) Observed weather conditions (sunny, overcast, recent precipitation, snow cover, etc.).

(g) Relative humidity.

(3) Detailed step-by-step instructions of how to validate and evaluate field sampling results, including comparing the sampling results to the appropriate explosive gas threshold limit as established in paragraph (E)(5)(a) of this rule.

(4) Detailed step-by-step discussion of how to report sampling results to appropriate authorities. Results shall be submitted to the appropriate district office of Ohio EPA and the local health district on a form prescribed by the director. The results shall be submitted within fifteen days of the date of sampling, unless the contingency procedures, pursuant to paragraph (E)(5) of this rule, are being followed.

(5) Contingency procedures which shall provide for the following:

(a) Establishment of either of the following explosive gas threshold limits:

(i) One hundred per cent of the lower explosive limit (5% CH 4v/v) at or within the facility boundary.

(ii) Twenty-five per cent of the lower explosive limit ( 1.25 % CH 4v/v) in structures.

(b) Detailed step-by-step discussion of how appropriate authorities will be notified upon the detection of explosive gas which equals or exceeds the explosive gas threshold limits in paragraph (E)(5)(a) of this rule, including, if appropriate, telephone numbers. The person identified in paragraph (A) of this rule shall immediately notify the appropriate local public safety authorities such as the local health district, fire department, police department, and the appropriate Ohio EPA district office.

(c) The extent to which monitoring frequency will be increased, which shall at a minimum be weekly, upon validated finding of explosive gas concentration above the threshold limit.

(d) Describe any additional monitors to be installed.

[Comment:] The additional monitors may be monitoring wells, alarms, or use of a punch bar.

(e) Detailed discussion of the criteria to be used to determine when contingency monitoring is no longer warranted. The criteria shall include a minimum of four sequential monitoring events which no longer exceed the explosive gas threshold limit, over a minimum period of two weeks, and may establish a lower threshold limit for ceasing contingency procedures. Upon submitting the report detailed in paragraph (E)(5)(g)(iii) of this rule, the person identified in paragraph (A) of this rule may cease following the contingency procedures.

(f) Detailed discussion of steps to be taken to ensure protection of human health and the environment.

[Comment:] This may include an escalating course of action such as adjusting the active gas extraction system, installation of alarms in buildings, installation of vents or barriers or expanding the active gas extraction system, to installation of a new active gas extraction system. For a sanitary landfill facility subject to paragraph (A)(1) of this rule, as the steps are implemented, the closure and post-closure cost estimates may need to be updated in accordance with rule 3745-27-15 of the Administrative Code. If at any point it appears that the steps as approved in the"explosive gas monitoring plan" are not effective in protecting human health and the environment, the director may issue orders to take further actions pursuant to paragraph (I) of this rule.

(g) Detailed discussion of reporting procedures.

(i) Within seven days of the initial detection of explosive gas concentration above the threshold limit, submit to the appropriate Ohio EPA district office and the local health district, the monitoring results and the description of the steps taken or to be taken to ensure protection of human health and the environment. Steps to be taken to ensure protection of human health may include installation of explosive gas alarms in occupied structures upon the consent of the owner of the occupied structure.

(ii) Every thirty days from the date of the initial detection of explosive gas concentrations above the threshold limit, until the criteria to no longer follow contingency procedures are met, submit to the appropriate Ohio EPA district office and the local health district, a report containing the following:

(a) Analysis and summary of the results from the contingency monitoring, including the lateral extent of explosive gas concentration above the threshold limit and a characterization of the explosive gas pathway(s), Characterization of the pathway shall include degree of saturation and porosity (textural classification or fracturing); and the possible causes of the increase in gas concentrations, such as landfill operational procedures, gas control system failure or upset, climatic conditions, or closure activity.

(b) Summary of the steps taken to ensure protection of human health and the environment and an analysis of their effectiveness.

(iii) When criteria to no longer follow contingency procedures are met, submit to the appropriate district office of Ohio EPA and the local health district a report containing the following:

(a) Analysis and summary of the results from the contingency monitoring, including the lateral extent of explosive gas concentration above the threshold limit and a characterization of the explosive gas pathway(s). Characterization of the pathway shall include degree of saturation and porosity (textural classification or fracturing).

(b) Consideration of possible causes of the increase in gas concentrations, such as landfill operational procedures, gas control system failure or upset, climatic conditions, or closure activity.

(6) Appendices, each of which must be prepared by the person preparing the document and placed at the end thereof:

(a) Appendix A: reporting forms.

(b) Appendix B: Copies of letters of notification to the appropriate authorities stating that they will be notified if explosive gas concentrations exceed the threshold limits. The letters should include details as to the location of the sanitary landfill facility, proximity of occupied structures and the threshold limit values. Copies of letters to every owner of an occupied structure seeking consent to install an explosive gas alarm in accordance with paragraph (D)(5)(a) of this rule.

(c) Appendix C: geologic boring logs utilized in development of paragraph (D)(2)(c)(vi) of this rule.

(d) Appendix D: reserved for the certification report required under paragraph (F) of this rule.

(e) Other appendices as necessary.

(F) Upon installation of new or replacement permanent monitors, a certification report shall be submitted with the initial reporting of the monitoring results in accordance with the approved "explosive gas monitoring plan." The certification report shall include the following:

(1) Record drawing showing the locations of all punch bar stations and permanent monitors with their associated identification designations.

(2) Geologic logs from the installation of each permanent monitor.

(3) Depth and length of screened intervals for each permanent monitor.

(4) For persons subject to paragraph (A)(2) of this rule with an "explosive gas monitoring plan" approved on or before the effective date of this rule, a geologic cross section of the perimeter of the side of the landfill property if a new occupied structure was built within one thousand feet of solid waste placement and there is no cross section for that side in the approved "explosive gas monitoring plan."

(G) After monitoring for twenty years after closure for a sanitary landfill facility subject to paragraph (A)(2) of this rule, or after monitoring for thirty years after closure for a sanitary landfill facility subject to paragraph (A)(1) of this rule, the person identified in paragraph (A) of this rule may submit a written request to the director for authorization to discontinue monitoring and to abandon any permanent monitors in accordance with the approved "explosive gas monitoring plan." Authorization to discontinue monitoring and abandon any permanent monitors may be granted upon the director's finding that there is no significant likelihood of future explosive gas formation and migration sufficient to require contingency procedures. [Comment. A residual solid waste facility required to comply with this rule is still obligated to monitor for explosive gas migration in accordance with paragraph (G) of this rule even though the post-closure care period may be shorter.]

(H) Revising the "explosive gas monitoring plan."

(1) Upon the demolition of an occupied structure, or the elimination of a potential explosive gas migration pathway, or other circumstances which may eliminate the potential hazard to occupied structures, the person identified in paragraph (A) of this rule may submit a written request to the appropriate district office of Ohio EPA for concurrence to discontinue monitoring or abandon the affected permanent monitor(s) or punch bar stations.

(2) The person identified in paragraph (A) of this rule shall submit a written request to alter the explosive gas monitoring, sampling and reporting procedures in the approved "explosive gas monitoring plan" to the appropriate district office of Ohio EPA for concurrence prior to implementation.

(I) Upon the director's finding that explosive gas formation and migration threaten human health, safety or the environment, he may order the person identified in paragraph (A) of this rule to perform such measures to abate or minimize the formation or migration of explosive gas.

(J) The director may require the installation of additional punch bar stations or permanent monitors or abandonment of permanent monitors as necessary to monitor explosive gas pathways or eliminate the potential contamination of ground water.

(K) For a sanitary facility subject to paragraph (A)(1) of this rule and subject to Chapter 3745-27 of the Administrative Code. The "explosive gas monitoring plan" "certification reports, all monitoring results and contingency reports, and all revisions shall be submitted into the operating record in accordance with rule 3745-27-09 of the Administrative Code.

R.C. 119.032 review dates: 04/23/2014 and 04/23/2019
Promulgated Under: 119.03
Statutory Authority: 3734.02 , 3734.041 , 3734.12
Rule Amplifies: 3734.02 , 3734.041 , 3734.12
Prior Effective Dates: 11/17/1988 (Emer.), 3/9/1989 (Emer.), 6/12/1989, 6/1/1994, 8/15/2003

3745-27-13 Procedure to engage in filling, grading, excavating, building, drilling, or mining on land where a hazardous waste facility or solid waste facility was operated.

(A) No person shall, without authorization from the director, engage in filling, grading, excavating, building, drilling, or mining on land where a hazardous waste facility or solid waste facility was operated. Any person proposing to engage in these activities on land where a hazardous waste facility or solid waste facility was operated shall comply with the requirements of this rule.

(B) "Facility," for the purposes of this rule, means:

(1) The limits of solid waste placement, solid waste handling area, or area of hazardous waste treatment, storage, or disposal.

(2) Those areas within three hundred feet of the limits of solid waste placement or area of hazardous waste treatment, storage or disposal if the filling, grading, excavating, building, drilling, or mining activities in these areas are likely to impact the integrity of the waste placement or any ancillary structures.

[Comment: Impacting the integrity of the solid waste placement or hazardous waste treatment, storage or disposal area(s), and any ancillary structures related thereto, includes any activity resulting in damage to leachate tanks or lines or causing waste, leachate, and/or gas to be moved from the limits of waste placement, e.g., by causing slope failure.]

(C)

(1) This rule does not apply to filling, grading, excavating, building, drilling, or mining at any of the following sites:

(a) Facilities where waste was not disposed in the ground or where waste no longer remains, including:

(i) A solid waste landfill facility licensed or permitted or formerly licensed or permitted under Chapter 3745-37 of the Administrative Code for which the owner or operator has closed the solid waste landfill facility by removal and decontamination pursuant to an administrative or judicial authorization.

(ii) A solid waste composting facility.

(iii) A solid waste incinerator.

(iv) A solid waste transfer facility.

(v) A hazardous waste treatment, storage, or disposal facility for which the owner or operator has closed the hazardous waste management unit by removal and decontamination pursuant to rules 3745-55-10 to 3745-55-15 , and/or 3745-66-10 to 3745-66-15 of the Administrative Code or pursuant to an administrative or judicial authorization, if that closure was based upon either residential or industrial land use exposure assumptions.

(b) Those facilities exempted from regulation under Chapters 3745-27 and 3745-37 of the Administrative Code or by rule 3745-27-03 of the Administrative Code.

(2) This rule does not apply to filling, grading, excavating, building, drilling, or mining in conjunction with one of the following activities:

(a) Filling, grading, excavating, building, drilling, or mining at facilities where the activities are already authorized through a final action of the director, including:

(i) A solid waste facility for which the owner or operator obtained a permit to install, plan approval, or other authorization for the facility in accordance with the requirements of Chapter 3734. of the Revised Code and an effective solid waste disposal license in accordance with the requirements of Chapter 3745-37 of the Administrative Code, and the filling, grading, excavating, building, drilling, or mining is in accordance with the development, operating, maintenance, or monitoring practices authorized at the facility by the permit, license, plan approval, judicial order or other authorization from the director.

(ii) A hazardous waste treatment, storage, or disposal facility for which the owner or operator has obtained a permit, plan approval, or other authorization for the facility in accordance with the requirements of Chapter 3734. of the Revised Code or with the requirements of the "Resource Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C. 6921 , as amended, and the filling, grading, excavating, building, drilling, or mining is in accordance with the development, operating, maintenance, or monitoring practices authorized at the facility by the permit, plan approval, or other authorization.

(b) Filling, grading, excavating, building, drilling, or mining at facilities where a hazardous waste generator has conducted treatment, storage, or closure in accordance with Chapter 3745-52 of the Administrative Code.

(c) Filling, grading, excavating, building, drilling, or mining at sites subject to either a written agreement entered into by the director with the federal government or a final order issued by the director and under which a person will perform corrective or remedial investigation or action, ground water investigation, maintenance action to protect a remedy, or other investigation or action to abate air or water pollution or soil contamination, or to protect public health and safety under Chapter 3734., 3746., or 6111. of the Revised Code.

[Comment: A final order issued by the director that consists of or contains an operation and maintenance agreement does not relieve any person from the requirement to obtain an authorization under this rule unless that O&M agreement contains explicit authorization to conduct particular filling, grading, excavating, building, drilling, or mining activities.]

(d) Routine maintenance or emergency repair by a public utility, as defined in section 4905.02 of the Revised Code, on land where a public utility has main or distribution lines above or below the surface, located on an easement or right-of-way where a solid waste facility was operated. Public utilities may engage in any such activity within the easement or right-of-way of such sites without prior authorization from the director for purposes of performing emergency repair or emergency replacement of its lines; of the poles, towers, foundations, or other structures supporting or sustaining any such lines; or of the appurtenances to those structures necessary to restore or maintain existing public utility service. A public utility may enter upon any such easement or right-of-way without prior authorization from the director for purposes of performing necessary or routine maintenance of those portions of its existing lines; of the existing poles, towers, foundations, or other structures sustaining or supporting its lines; or of the appurtenances to any such supporting or sustaining structures, located on or above the land surface on any such easement or right-of-way. Within twenty-four hours after commencing any such emergency repair or replacement or maintenance work, the public utility shall notify Ohio EPA of those activities and shall provide such information regarding those activities as Ohio EPA may request. Upon completion of the emergency repair or replacement or maintenance activities, the public utility shall restore any land of the solid waste facility disturbed by those activities to the condition existing prior to the commencement of those activities.

(e) Routine maintenance of final cover or ancillary structures at a facility.

(f) Routine agricultural, horticultural, recreational, or maintenance activities conducted by occupants of single-family homes on their own premises.

(D) Except as provided in paragraph (C) of this rule:

(1) Paragraph (E) of this rule applies to any person proposing to engage in filling, grading, excavating, building, drilling, or mining on one of the following sites:

(a) A solid waste landfill presently or formerly licensed or permitted under Chapter 3734. of the Revised Code or licensed in accordance with Chapter 3745-37 of the Administrative Code.

[Comment: For operating facilities undertaking filling, grading, excavating, building, drilling, or mining activities, the use of a permit alteration or modification is recommended.]

(b) An unlicensed or unpermitted solid waste landfill that accepted solid waste after July 29, 1976.

(c) An unlicensed or unpermitted solid waste transfer facility or solid waste incinerator that accepted solid waste after May 31, 1991.

(d) An unregistered, unlicensed, or unpermitted solid waste compost facility that accepted solid waste after June 1, 1992.

(e) An unregistered, unlicensed, or unpermitted scrap tire monofill facility that accepted scrap tires after March 1, 1996.

(f) A Class I, II, or III residual waste landfill presently or formerly licensed or permitted under Chapter 3734. of the Revised Code or licensed in accordance with Chapter 3745-37 of the Administrative Code.

(g) A hazardous waste treatment, storage, or disposal facility that has not obtained a hazardous waste facility installation and operation permit, a permit renewal, or an approved closure or post-closure plan, and that has not completed closure and post-closure care of any hazardous waste management unit pursuant to rules 3745-55-10 to 3745-55-20 , and/or 3745-66-10 to 3745-66-20 of the Administrative Code.

(h) A hazardous waste treatment, storage, or disposal facility that has completed post-closure of any hazardous waste management unit, as required by rules 3745-55-10 to 3745-55-20 , and/or 3745-66-10 to 3745-66-20 of the Administrative Code or pursuant to an administrative or judicial order.

(i) A solid or hazardous waste facility that received a covenant not to sue under Chapter 3746. of the Revised Code and has an operation and maintenance agreement pursuant to that covenant that does not authorize the proposed filling, grading, excavating, building, drilling, or mining activities.

[Comment: Ohio Administrative Code rule 3745-300-02delineateswhichsitesare eligible to pursue a covenant not to sue under Chapter 3746. of the Revised Code.]

(2) Paragraph (F) of this rule applies to any person proposing to engage in filling, grading, excavating, building, drilling, or mining on one of the following sites:

(a) An unlicensed or unpermitted solid waste landfill that ceased acceptance of waste prior to July 29, 1976.

(b) An unlicensed or unpermitted solid waste incinerator that ceased acceptance of waste prior to May 31, 1991.

(c) An unregistered, unlicensed, or unpermitted solid waste compost facility that ceased acceptance of waste prior to June 1, 1992.

(d) An unregistered, unlicensed, or unpermitted scrap tire facility that ceased acceptance of waste prior to March 1, 1996.

(e) A class IV residual waste landfill licensed or permitted or formerly licensed or permitted under Chapter 3745-30 of the Administrative Code.

(f) A hazardous waste treatment, storage, or disposal facility operating pursuant to a hazardous waste facility installation and operation permit, permit renewal, or a closure plan or a post-closure plan for any hazardous waste management unit approved in accordance with rule 3745-55-18 or 3745-66-18 of the Administrative Code.

(g) A solid or hazardous waste facility that received a covenant not to sue pursuant to Chapter 3746. of the Revised Code and does not have an operation and maintenance agreement pursuant to that covenant.

(h) Any other solid or hazardous waste facility not otherwise exempted from this rule.

(3) Paragraph (G) of this rule applies to any person proposing to engage in filling, grading, excavating, building, drilling, or mining for the purpose of conducting sampling, testing, and/or delineating the limits of waste on a facility.

(E) Any person proposing to obtain an authorization from the director for a site identified in paragraph (D)(1) of this rule shall provide such information to Ohio EPA as necessary for it to make a determination that such activity will comply with the requirements of Chapter 3734. of the Revised Code, will not create a nuisance, and is unlikely to adversely affect the public safety or health or the environment, including as appropriate, the following information in the following order;

(1) The location specified on a 7-1/2 minute USGS topographical map and on a topographic map with a maximum scale of one inch equals two hundred feet, legal description, type of facility, demonstration of current property ownership, and demonstration of current facility ownership.

(2) The specific activities and their intended purposes for which authorization is requested.

(3) Discussion of all previous and existing permits, licenses, approvals, and orders pertaining to past and ongoing waste treatment, storage, or disposal activities issued under local, state, and federal environmental regulations for lands upon which authorization under this rule is requested.

(4) Letters of acknowledgment from the owners of all parcels of land to which the authorization pertains.

(5) Copies of certified mail receipts and a statement certifying that letters of notice stating that authorization under this rule is being requested for the affected site have been sent to the following entities;

(a) The board of health of the health district wherein the site is located.

(b) The governments of the general purpose political subdivisions where the site is located, i.e., county commissioner, legislative authority of a municipal corporation, and/or the board of township trustees.

(c) The local zoning authority having jurisdiction over the geographical area where the site is located, if any.

(d) If the site is a solid waste facility, the single county or joint county solid waste management district.

(e) The local fire department for the geographical area where the site is located.

(6) A discussion of the site's present or known prior use of hazardous waste or solid waste treatment, storage or disposal, including a summary and discussion of all available documentation pertaining to the dates of operation, types and quantities of waste handled at the site, and ownership.

(7) A detailed discussion of the closure and/or post-closure activities, if any, performed at the facility and an evaluation of the present condition of the closed facility.

(8) A detailed description of the manner by which the proposed filling, grading, excavating, building, drilling, or mining will be accomplished.

(9) A detailed description of the manner in which the integrity of the waste placement or the ancillary structures will be preserved where the filling, grading, excavating, building, drilling, or mining activities will occur in areas within three hundred feet of the limits of waste placement.

(10) A detailed plan describing the manner by which the proposed filling, grading, excavating, building, drilling, or mining will be accomplished in compliance with all applicable state and federal laws and regulations pertaining to environmental protection, including but not limited to control of air emissions, control of leachate, surface water run-on and run-off, explosive and toxic gas migration, and protection of ground water.

(11) If waste will still remain on the property, a detailed description of a notation or update to any prior recorded notation to be placed on the deed to the property to notify in perpetuity any potential purchaser of the property that the land has been used as a hazardous waste facility or solid waste facility. The notation shall describe the impacted acreage, including the known location, depth, volume, and nature of waste disturbed at the site.

(12) Other such information as Ohio EPA deems necessary to determine that these activities will be in compliance with all applicable laws and regulations administered by the director.

(13) A signature as described in paragraph (I) of this rule.

(F) Any person proposing to obtain an authorization from the director for a site identified in paragraph (D)(2) of this rule shall submit a certified letter to Ohio EPA, thirty days prior to beginning filling, grading, excavating, building, drilling, or mining activities, identifying information necessary to make a determination that the activity will be performed in such a manner that will comply with the requirements of Chapter 3734. of the Revised Code, will not create a nuisance, and is unlikely to adversely affect the public safety or health or the environment. Applications for authorization to engage in filling, grading, excavating, building, drilling, or mining shall include, at a minimum:

(1) Name of the facility, if any, and type of facility.

[Comment: Refer to paragraph (D)(2) of this rule for a list of facility types subject to this paragraph.]

(2) Address of the site.

(3) County and township in which the site is located.

(4) Name, address, and telephone number of person to contact for additional information regarding the activities at the site.

(5) Size of site.

(6) Identification of type and amount of waste present at the site, including a description of the process that created the waste and the time period of waste disposal.

(7) Description of activities proposed at the site.

(8) Description of any institutional control that applies to the site.

(9) Description of the manner in which the control of air emissions, control of leachate, surface water run-on and runoff, explosive and toxic gas migration, and protection of ground water will be performed.

(10) Letters of acknowledgment from the owners of all parcels of land to which the authorization pertains.

(11) A statement that the requirements contained in paragraphs (H)(2) to (H)(6) of this rule will be followed.

(12) A statement that the applicable requirements contained in Chapter 3734. of the Revised Code will be followed by the applicant.

(13) An affidavit affirming that the assertions made in this application are true.

(14) A signature as described in paragraph (I) of this rule.

(G) Any person proposing to obtain an authorization from the director for filling, grading, excavating, building, drilling, or mining for the purpose of sampling material, pursuant to paragraph (D)(3) of this rule, shall submit the following to Ohio EPA seven days prior to beginning filling, grading, excavating, building, drilling or mining activities:

(1) A certified letter identifying information necessary for Ohio EPA to make a determination that the activity will be performed in a manner that will comply with the requirements of Chapters 3704., 3734., and 6111. of the Revised Code, will not create a nuisance, and is unlikely to adversely affect the public safety or health or the environment. Applications for authorization to engage in filling, excavating, or drilling for the purpose of sampling material, shall include, at a minimum:

(a) Name of the facility, if any, and type of facility.

(b) Address of the site.

(c) County and township in which the site is located.

(d) Name, address, and telephone number of a person to contact for additional information regarding the activities at the site.

(e) A statement of the date(s) the sampling activity will occur.

(f) A statement that the applicable requirements contained in paragraph (H) of this rule will be followed.

(g) A statement that the applicable requirements contained in Chapter 3734. of the Revised Code will be followed by the applicant.

(h) A signature as described in paragraph (I) of this rule.

(2) The letter required in paragraph (G)(1) of this rule shall be received by Ohio EPA at least seven days prior to filling, excavating, or drilling for the purpose of sampling material.

[Comment: Paragraph (H) of this rule provides that filling, grading, excavating, building, drilling, or mining activities for sampling, as identified in paragraph (D)(3) of this rule, can begin after Ohio EPA receives the authorization letter or after eight days, whichever comes first, unless the applicant is notified otherwise.]

(3) Filling, grading, excavating, building, drilling, or mining authorized by this paragraph, for the purpose of conducting sampling must be conducted in accordance with the following:

(a) No more than five cubic feet per acre of material shall be disturbed.

(b) No material shall be disturbed below ten feet of the surface.

(c) All solid waste or hazardous waste removed during filling, grading, excavating, building, drilling, or mining shall be stored in accordance with Chapter 3734. of the Revised Code until such time as these materials are properly characterized and treated or disposed. Any liquid wastes released during filling, grading, excavating, building, drilling, or mining activities shall be stored in accordance with Chapter 3734. of the Revised Code until such time as these wastes are properly characterized and treated or disposed.

(d) Each excavation or bore hole shall be backfilled within forty-eight hours of its creation.

(e) Any excavation or bore hole may be backfilled with the material excavated, or may be backfilled with soils, asphalt concrete, concrete, or bentonite. All backfilling must be completed in a manner so as not to compromise the integrity of the facility.

(f) Within thirty days of completion of the activities, a certification report containing a report of the location of sampling where wastes were encountered, a written explanation of what was done with any sampled material, and a written confirmation that any excavation or borehole has been backfilled in accordance with this paragraph shall be submitted to Ohio EPA.

[Comment: Maintaining the integrity of a facility may require replacement of engineered barrier layers.]

(H) Any person engaging in filling, grading, excavating, building, drilling, or mining on land where a hazardous waste facility or solid waste facility was operated and required to obtain authorization under this rule shall comply with the following:

(1) For sites identified in paragraph (D)(1) of this rule, no filling, grading, excavating, building, drilling, or mining activities shall occur until the director issues an authorization for that activity.

(2) For sites identified in paragraph (D)(2) of this rule, filling, grading, excavating, building, drilling, or mining may occur thirty-one days after submitting a request for authorization to the director pursuant to paragraph (F) of this rule, unless the applicant is notified otherwise.

(3) For sites where the sampling of material as identified in paragraph (D)(3) of this rule is proposed, filling, grading, excavating, building, drilling, or mining may occur eight days after submitting a request for authorization to the director pursuant to paragraph (G) of this rule, unless the applicant is notified otherwise.

(4) If solid or hazardous waste or soils are removed from a closed facility, representative sampling of waste and potentially contaminated soil shall be performed. Copies of sample analysis results and the selection of the appropriate treatment or disposal method shall be submitted, along with a copy of a letter of acceptance from a treatment or disposal facility, to Ohio EPA prior to any removal of waste or contaminated soil from the property. Waste and contaminated soils which have been removed from the closed facility must be collected and disposed of in accordance with all applicable state and federal laws and regulations pertaining to environmental protection, including Chapter 3734. of the Revised Code.

(5) All filling, grading, excavating, building, drilling, or mining activities shall be performed in compliance with Chapters 3704., 3734., and 6111. of the Revised Code and applicable local, state, and federal laws and regulations pertaining to environmental protection, including but not limited to protection of ground water and control of air emissions, leachate, and surface water run-on and run-off.

(6) No excavation of waste shall occur unless the excavated waste is replaced within previously existing horizontal and vertical limits of waste placement or is treated or disposed of at a licensed, permitted treatment or disposal facility, in accordance with Chapter 3734. of the Revised Code and the regulations promulgated thereunder. Any wastes that are suspected or known to be hazardous and are removed from the horizontal and vertical limits of waste placement during filling, grading, excavating, building, drilling, or mining activities, shall be stored in accordance with Chapter 3734. of the Revised Code until such time as these wastes are properly characterized and treated or disposed. Any liquid wastes released during filling, grading, excavating, building, drilling, or mining activities shall be stored in accordance with Chapter 3734. of the Revised Code until such time as these wastes are properly characterized and treated or disposed.

(7) If excavation occurs outside the limits of waste at the site, the material used to backfill any excavated areas may not consist of solid or hazardous waste.

(8) Filling, grading, excavating, building, drilling, or mining activities shall be performed in a manner that prevents migration of leachate, explosive gas, or toxic gas from the facility.

(9) Upon completion of filling, grading, excavating, building, drilling, or mining activities at a closed facility, the condition of the facility cap shall be restored in accordance with the appropriate provisions of Chapter 3734. of the Revised Code and the rules promulgated thereunder, as were applicable at the time the facility originally submitted certification of closure, or the rules the facility was required to close under if certification was never submitted.

(10) For sites identified in paragraph (D)(1) or (D)(2) of this rule, the owner or operator shall provide a certification report within sixty days of completion of the filling, grading, excavating, building, drilling, or mining activities. This report shall contain the following:

(a) A verification to Ohio EPA that the following activities have been completed:

(i) The owner or operator has filed with the board of health having jurisdiction and with Ohio EPA, a plat or revised existing plat for the unit(s) of the solid waste facility or hazardous waste facility and information describing the acreage, exact location, depth, volume, and nature of the waste deposited in the unit(s) of the solid waste facility or hazardous waste facility that was impacted by the filling, grading, excavating, building, drilling, or mining activities.

(ii) If waste still remains on the property, the owner shall update any prior recorded notation on the deed to the property, in accordance with state law, to notify any potential purchaser of the property that the land has been used as a hazardous waste facility or solid waste facility and that its use is restricted. The notation shall describe the acreage impacted by the filling, grading, excavating, building, drilling, or mining activities; and the exact location, depth, volume, and nature of waste disposed of at the site.

(b) A notarized statement that if a protective layer, engineered cap, or surface soil on the site was disturbed, to the best of the owners or operators knowledge, the protective layer, engineered cap, or surface soil has been restored to a condition more protective than or equivalent to the condition prior to the activities being performed on the site.

(I) Applications for authorization to engage in filling, grading, excavating, building, drilling, or mining on land where a hazardous waste facility or a solid waste facility was operated shall be signed. The signatures shall constitute personal affirmation that all statements or assertions of fact made in the application are true and complete and comply fully with applicable state requirements, and shall subject the signatory to liability under applicable state laws forbidding false or misleading statements, and shall be notarized. The signature shall be made as follows:

(1) In the case of a corporation, by a principal executive officer of at least the level of vice president, or his duly authorized representative if such representative is responsible for the overall operation of the site.

(2) In the case of a partnership, by a general partner.

(3) In the case of a sole proprietorship, by the owner.

(4) In the case of a municipal, state, federal, or other governmental site, by the principal executive officer, the ranking elected official, or other duly authorized employee.

(J) No person shall engage in filling, grading, excavating, building, drilling, or mining on land where a hazardous waste facility or a solid waste facility was operated unless such activity will not result in violation of applicable laws and regulations administered by the director, will not create a nuisance, and will not adversely affect the public safety or health or the environment.

(K) Ohio EPA may ask for additional information or impose special terms and conditions upon any person engaging in filling, grading, excavating, building, drilling, or mining on land where a hazardous waste facility or a solid waste facility was operated as is appropriate or necessary to ensure compliance with all applicable laws and regulations administered by the director, and to ensure protection of public health and safety and the environment.

(L) Any request for authorization from the director, notwithstanding its deficiency, may be considered and acted upon if sufficient information is provided in the request for the director to determine whether the criteria set forth in paragraphs (E),(F), and (G) of this rule are satisfied.

(M) If the person to whom the authorization was granted has not begun the activities described therein, unless otherwise specified, an authorization to engage in filling, grading, excavating, building, drilling, or mining on land where a hazardous waste facility or a solid waste facility was operated shall terminate upon the occurrence of one of the following:

(1) For facilities identified in paragraphs (D)(1) and (D)(2) of this rule, within three years of the issuance date of the authorization.

(2) For facilities identified in paragraph (D)(3) of this rule, within eighteen months of the submission date for the authorization.

(N) The director may deny authorization to any person from engaging in filling, grading, excavating, building, drilling, or mining on land where a hazardous waste facility or a solid waste facility was operated if he concludes at any time that any applicable laws have been or are likely to be violated or that continued implementation of the activities may cause a risk to human health or safety or the environment.

(O) The director may revoke an authorization to engage in filling, grading, excavating, building, drilling, or mining on land where a hazardous waste facility or a solid waste facility was operated if he concludes at any time that any applicable laws have been or are likely to be violated or that continued implementation of the approved plans may cause a threat to human health or safety or the environment.

(P) Authorization to engage in filling, grading, excavating, building, drilling, or mining on land where a hazardous waste facility or solid waste facility was operated shall be granted, extended, revoked, or denied in accordance with the provisions of Chapters 119. and 3745. of the Revised Code and Chapter 3745-47 of the Administrative Code.

(Q) Authorization to engage in filling, grading, excavating, building, drilling, or mining on land where a hazardous waste facility or solid waste facility was operated does not exempt a facility from closure or other requirements of Chapter 3734. of the Revised Code.

R.C. 119.032 review dates: 04/23/2014 and 04/23/2019
Promulgated Under: 119.03
Statutory Authority: 3734.02
Rule Amplifies: 3734.01 , 3734.02
Prior Effective Dates: 11/17/1988 (Emer.), 3/9/1989 (Emer.), 6/12/1989, 8/15/2003

3745-27-14 Post-closure care of sanitary landfill facilities.

(A) Following completion of final closure activities in accordance with rule 3745-27-11 of the Administrative Code or following closure activities in accordance with paragraph (C) of rule 3745-27-10 of the Administrative Code, as effective July 29, 1976, and completed on or after the date three years prior March 1, 1990, the owner, operator, OR permittee shall conduct post-closure care activities at the sanitary landfill facility for a minimum of thirty years. The post-closure care period begins when the certification(s) required by paragraph (J) of rule 3745-27-11 of the Administrative Code have been submitted for all unit(s) of a sanitary landfill facility. Post-closure care activities for a sanitary landfill facility shall include, but are not limited to the following:

(1) Continuing operation and maintenance of the leachate management system, the surface water management system, any explosive gas extraction and/or control system, any explosive gas monitoring system, and the ground water monitoring system,

(2) Maintaining the integrity and effectiveness of the cap system, including making repairs to the cap system as necessary to correct the effects of settling, dead vegetation, subsidence, ponding, erosion, leachate outbreaks, or other events, and preventing run-on and runoff from eroding or otherwise damaging the cap system;

(3) Repairing any leachate outbreaks detected at the sanitary landfill facility by doing the following:

(a) Contain and properly manage the leachate at the sanitary landfill facility.

(b) If necessary, collect, treat, and dispose of the leachate, including, if necessary, following the contingency plan for leachate storage and disposal prepared pursuant to rule 3745-27-19 of the administrative code.

(c) Take action to minimize, control, or eliminate the conditions which contribute to the production of leachate.

(4) Quarterly inspection of a sanitary landfill facility during each year of the post-closure care period and submittal of a written summary to the appropriate Ohio EPA district office not later than fifteen days after the inspection date detailing the results of the inspection and a schedule of any actions to be taken to maintain compliance with paragraphs (A)(1) and (A)(2) of this rule;

(5) Fulfilling all monitoring and reporting requirements in accordance with rule 3745-27-10 of the Administrative Code for ground water, with rule 3745-27-12 of the Administrative Code for explosive gas. With Chapter 3745-76 of the Administrative Code for landfill emissions, and with any monitoring required by any orders or authorizing documents. the frequency of ground water detection monitoring sampling and analysis may be changed in accordance with paragraph (d)(6) of rule 3745-27-10 of the Administrative Code.

(6) Submitting a report to the appropriate Ohio EPA district office and approved health department and placing a copy into the operating record not later than the first day of April of each year, which contains the following:

(a) If a leachate collection system exists, a summary of the quantity of leachate collected for treatment and disposal on a monthly basis during the year, and the location of leachate treatment and/or disposal.

(b) If a leachate collection system exists, results of analytical testing of an annual grab sample of leachate for the parameters specified in appendix I of rule 3745-27-10 of the Administrative Code. The grab sample shall be obtained from the leachate management system.

(c) The most recent updated post-closurecost estimate adjusted for inflation and for any change in the post-closure cost estimate required by rule 3745-27-16 of the administrative code.

(7) Records and reports generated by paragraphs (A)(4) to (A)(6) of this rule are to be kept for the duration of the post-closure care period at a location where the records and reports are available for inspection by Ohio EPA or the approved health department during normal working hours. If the owner or operator has established an operating record, the records and reports shall be kept in the operating record in accordance with rule 3745-27-09 of the Administrative Code.

(B) Upon completion of the post-closure care period, the owner, operator, or shall submit to the director written certification that the sanitary landfill facility has completed post-closure activities in accordance with this rule and the "final closure/post-closure plan." based on such factors as the inspection or monitoring results or reports required by paragraphs (A)(4) and (A)(5) of this rule and whether human health or safety or the environment is or will be protected, the director may either discontinue or extend the post-closure care period. The certification shall be accompanied by documentation which demonstrates that all post-closure care activities have been completed. The certification shall be signed and sealed by a professional engineer registered in Ohio. The documentation shall include the following:

(1) A summary of changes to leachate quality and quantity.

(2) Rate of leachate generation and quantity of leachate in the landfill, with an explanation of how these figures were derived.

(3) A summary of any on-going ground water assessment or corrective measures.

(4) A summary of explosive gas migration and generation by the landfill.

(5) An assessment of the integrity and stability of the cap system if post-closure care activities cease.

[Comment: If the landfill shows an improvement to leachate quality, the quantity of leachate generated will not cause an outbreak or slope failure, that ground water monitoring is no longer needed, that it is not generating explosive gas which has the potential to migrate underground, and that the cap system will maintain its integrity and stability if post-closure care activities cease, the director may release the owner, operator, or permittee from continuing post-closure care activities.]

(C) Upon the written request of the owner or operator of a noncontiguous unit(s) of a sanitary landfill facility, which has completed a minimum of thirty years of ground water detection monitoring in accordance with rule 3745-27-10 of the administrative code from the date the owner or operator submitted the written certification report pursuant to paragraph (j) of rule 3745-27-11 of the administrative code, the director may authorize discontinuance of ground water detection monitoring required by paragraph (a)(4) of this rule at the noncontiguous unit(s) prior to the end of the post-closure care period for the sanitary landfill facility, provided the following:

(1) The owner or operator is not implementing or required to implement a ground water quality assessment program or a corrective measures program pursuant to rule 3745-27-10 of the administrative code.

(2) The noncontiguous unit(s) are monitored separately for the purpose of ground water detection monitoring.

(D) The health commissioner and the director, or their authorized representatives, upon proper identification, may enter any closed sanitary landfill facility or closed noncontiguous unit(s) at any time during the post-closure care period for the purpose of determining compliance with this rule.

R.C. 119.032 review dates: 04/23/2014 and 04/23/2019
Promulgated Under: 119.03
Statutory Authority: 3734.02 , 3734.12
Rule Amplifies: 3734.02 , 3734.12
Prior Effective Dates: 3/1/1990, 6/1/1994, 8/15/2003

3745-27-15 Financial assurance for solid waste facility or scrap tire transporter closure.

(A) Applicability.

(1) For sanitary landfill facilities, solid waste transfer facilities, solid waste incinerators, Class I or Class II composting facilities, scrap tire storage facilities, scrap tire recovery facilities, and scrap tire transporters, financial assurance information shall be submitted as part of a permit to install or registration certificate application for a new solid waste facility, for a modification that increases the closure cost estimate of an existing facility, or as part of a permit to install application submitted in response to division (A)(3) or (A)(4) of section 3734.05 of the Revised Code.

(2) For sanitary landfill facilities subject to paragraph (A) of rule 3745-27-11 , 3745-29-11 , or 3745-30-09 of the Administrative Code, as applicable, the owner or operator shall submit to Ohio EPA a closure financial assurance instrument in accordance with this rule.

(B) Implementation.

(1) The owner or operator of a solid waste facility shall execute and fund the closure financial assurance instrument submitted as a part of a permit to install or registration certification application prior to receipt of solid waste at a new solid waste facility, prior to acceptance of waste pursuant to a modification that increases closure cost estimates of an existing solid waste facility, or prior to issuance of a permit to install for which an application was submitted in response to division (A)(3) or (A)(4) of section 3734.05 of the Revised Code.

(2) The owner or operator of a sanitary landfill facility subject to paragraph (A) of rule 3745-27-11 , 3745-29-11 , or 3745-30-09 of the Administrative Code, as applicable, shall execute and fund the closure financial assurance instrument within sixty days of approval of the closure/post-closure care plan.

(3) Scrap tire transporters shall execute and fund the closure financial assurance instrument submitted as part of a registration certificate application prior to issuance of a registration certificate.

(C) Closure financial assurance instrument.

(1) Solid waste facilities.

(a) The closure financial assurance instrument for a sanitary landfill facility, solid waste transfer facility, solid waste incinerator, or Class I composting facility shall contain an itemized written estimate, in current dollars, of the cost of closure. The closure cost estimate shall be based on the closure costs at the point in the operating life of the facility when the extent and manner of its operation would make the closure the most expensive, and shall be based on a third party conducting the closure activities. Ohio EPA may review, approve, or require revisions to the closure cost estimate or to the closure financial assurance instrument.

(b) The closure financial assurance instrument for a scrap tire storage or recovery facility, shall contain an itemized written estimate, in current dollars, of the cost for a third party to complete closure of the facility. Ohio EPA may review, approve, or require revisions to the closure cost estimate or to the closure financial assurance instrument. The cost estimate shall be based on one of the following:

(i) The cost of closure performed in accordance with rule 3745-27-66 of the Administrative Code.

(ii) The fixed fee closure cost estimate calculated in accordance with paragraph (C)(3) of this rule.

(c) The closure financial assurance instrument for a Class II composting facility shall contain a closure cost estimate in the amount of $ 2.50 per cubic yard, based on the maximum storage capacity as specified in the authorizing document, unless a higher cost estimate is required by the authorizing document, for each of the following items at the facility: compost waste/material; curing compost; cured compost; and bulking agents. Ohio EPA may review, approve, or require revisions to the closure cost estimate or to the closure financial assurance instrument.

(d) The closure financial assurance instrument for a mobile scrap tire recovery facility or for portable equipment operated by a licensed class I or II scrap tire recovery facility at a site other than the facility's licensed site shall contain a closure cost estimate that is $50, 000.00.

(2) For a scrap tire transporter, the financial assurance instrument shall contain a closure cost estimate that is $20,000.

(3) For the purposes of this rule, the fixed fee closure cost estimate for a solid waste facility that is a scrap tire storage or scrap tire recovery facility shall be calculated as shown in rule 3745-27-61 of the Administrative Code. The closure cost estimate shall be based on the closure costs at the point in the operating life of the facility when the extent and manner of its operation would make the closure the most expensive, and shall be based on a third party conducting the closure activities. Ohio EPA may review, approve, or require revisions to the closure cost estimate or to the closure financial assurance instrument.

(D) Review of closure financial assurance instruments. The owner or operator of a solid waste facility shall submit to the director, by certified mail or any other form of mail accompanied by a receipt, the most recently adjusted closure cost estimate prepared in accordance with this paragraph. The owner or operator of a solid waste facility or scrap tire transporter that has a closure cost estimate greater than $20, 000.00 shall:

(1) Annually review and analyze the closure cost estimate and shall make any appropriate revisions to these estimates and to the financial assurance instrument whenever a change in the closure activities increases the cost of closure. Any revised closure cost estimate must be adjusted for inflation as specified in paragraph (D)(2) of this rule.

(2) Annually adjust the closure cost estimate for inflation. The adjustment shall be made as specified in this paragraph, using an inflation factor derived from the annual implicit price deflator for gross domestic product as published by the U.S. department of commerce in its February issue of "Survey of Current Business." The inflation factor is the result of dividing the latest published annual deflator by the deflator for the previous year.

(a) The first adjustment is made by multiplying the closure cost estimate by the inflation factor. The result is the adjusted closure cost estimate.

(b) Subsequent adjustments are made by multiplying the most recently adjusted closure cost estimate by the most recent inflation factor.

(E) The owner or operator of a solid waste facility or scrap tire transporter shall select a closure financial assurance mechanism from the list of mechanisms specified in paragraphs (F), (G), (H), (I), (J), (K), and (L) of this rule, except as otherwise specified by this rule, provided the owner or operator satisfies the criteria for use of that mechanism.

(F) Closure closure trust fund.

(1) The owner or operator may satisfy the requirements of this rule by establishing a closure trust fund which conforms to the requirements of this paragraph and by sending an originally signed duplicate of the trust agreement to the director within the time period outlined in paragraph (B) of this rule. The trustee shall be an entity that has the authority to act as a trustee and which trust operations are regulated and examined by a federal or state agency.

(2) The wording of the trust agreement shall be identical to the wording specified in paragraph (A)(1) of rule 3745-27-17 of the Administrative Code on forms prescribed by the director, and the trust agreement shall be accompanied by a formal certification of acknowledgment. Schedule A of the trust agreement shall be updated not later than sixty days after a change in the amount of the current closure cost estimate provided for in the agreement.

(3) A closure trust fund shall be established to secure an amount at least equal to the current closure cost estimate or the scrap tire transporter cost estimate, except as provided in paragraph (M) of this rule. Payments to the trust fund shall be made annually, except as permitted by paragraph (F)(4) of this rule, by the owner or operator over the term of the applicable authorizing document, including permit to install, or plan approval and shall be based on the authorized maximum daily waste receipt and the approved volume of the solid waste facility; this period is hereafter referred to as the pay-in period. The first payment into the closure trust fund shall be made in accordance with paragraph (B) of this rule. Subsequent payments to the closure trust fund shall be made as follows:

(a) A receipt from the trustee for each payment shall be submitted by the owner or operator to the director. The first payment shall be at least equal to the current closure cost estimate divided by the number of years in the pay-in period, except as provided in paragraph (M) of this rule. Subsequent payments shall be made not later than thirty days after each anniversary date of the first payment. The amount of each subsequent payment shall be determined by performing the following calculation:

Next payment = (CE - CV) / Y

Where CE is the current closure cost estimate, CV is the current value of the trust fund, and Y is the number of years remaining in the pay-in period.

(b) If the owner or operator establishes a trust fund, as specified in this rule, and the value of the trust fund is less than any revised current closure cost estimate made during the pay-in period, the amount of the current closure cost estimate still to be paid into the trust fund shall be paid in over the pay-in period, as defined in paragraph (F)(3) of this rule. Payments shall continue to be made not later than thirty days after each anniversary date of the first payment pursuant to paragraph (F)(3)(a) of this rule. The amount of each payment shall be determined by performing the following calculation:

Next payment = (CE - CV) / Y

Where CE is the current closure cost estimate, CV is the current value of the trust fund, and Y is the number of years remaining in the pay-in period.

(c) The owner or operator may make the first installment required under paragraph (F)(3)(a) or (F)(3)(b) of this rule by providing alternate financial insurance using one of the mechanisms specified in paragraph (G), (I), or (J) of this rule in an amount at least equal to the first installment. On the anniversary date of the first installment, the owner or operator shall pay into the trust an amount at least equal to the first and second installments required under paragraph (F)(3)(a) or (F)(3)(b) of this rule or select an alternate financial assurance mechanism.

(4) The owner or operator may accelerate payments into the trust fund, or the owner or operator may deposit the full amount of the current closure cost estimate at the time the fund is established. However, the owner or operator shall maintain the value of the fund at no less than the value the fund would have if annual payments were made as specified in paragraph (F)(3) of this rule.

(5) If the owner or operator establishes a closure trust fund after having begun funding closure under any mechanism specified in this rule, the closure trust fund shall be established by depositing the total value of all prior mechanisms into the newly established trust fund. The subsequent annual payments shall be made as specified in paragraph (F)(3) of this rule.

(6) After the pay-in period of a trust fund has ended and the current closure cost estimate changes, the owner or operator shall compare the revised estimate to the trustee's most recent annual valuation of the trust fund. If the value of the trust fund is less than the amount of the revised estimate, the owner or operator shall, not later than sixty days after the change in the cost estimate, either deposit a sufficient amount into the trust fund so that its value after payment at least equals the amount of the current closure cost estimate, or obtain alternate financial assurance as specified in this rule to compensate for the difference.

(7) The director shall instruct the trustee to release to the owner or operator such funds as the director specifies in writing, after receiving one of the following requests from the owner or operator for a release of funds:

(a) The owner or operator may submit a written request to the director for the release of the amount in excess of the current closure cost estimate, if the value of the trust fund is greater than the total amount of the current closure cost estimate.

(b) The owner or operator may submit a written request to the director for release of the amount in the trust fund that exceeds the amount required as a result of such substitution, if the owner or operator substitutes any of the alternate financial assurance mechanisms specified in this rule for all or part of the trust fund.

(8) Reimbursement for closure at solid waste facilities.

After beginning closure, the owner or operator, or any other person authorized by the owner, operator, or director to perform closure, may request reimbursement for closure expenditures by submitting itemized bills to the director. After receiving itemized bills for closure activities, the director shall determine whether the closure expenditures are in accordance with the closure/post-closure plan, permit or registration requirements, or applicable rules, or are otherwise justified, and if so, will instruct the trustee to make reimbursement in such amounts as the director specifies in writing. If the director determines that the cost of closure will be greater than the value of the trust fund, the director may withhold reimbursement of such amounts as the director deems prudent until the director determines, in accordance with paragraph (O) of this rule, that the owner or operator is no longer required to maintain financial assurance for closure of the facility.

(9) If one of the following occurs, an owner or operator may request reimbursement from the scrap tire transporter trust fund:

(a) When the requirements of paragraph (O) of this rule have been met.

(b) To remove and properly dispose of any scrap tires which have been open dumped by the scrap tire transporter.

(c) To comply with the requirements of rule 3745-27-79 of the Administrative Code.

(d) To cover the owner's or operator's liability for sudden, accidental occurrences that result in damage or injury to persons or property or to the environment.

(e) For expenditures specified in this rule that may be reimbursed by submitting itemized bills to the director. After receiving itemized bills, the director shall determine whether the expenditures are authorized by this rule and in accordance with applicable requirements of Chapter 3745-27 of the Administrative Code, or are otherwise justified, and if so, will instruct the trustee to make reimbursement in such amounts as the director specifies in writing. If the director has reason to believe that the value of the trust fund will be insufficient to cover the cost of the required activities, the director may withhold reimbursement of such amounts as the director deems prudent until the director determines, in accordance with paragraph (O) of this rule, that the owner or operator is no longer required to maintain scrap tire transporter financial assurance.

(10) The director will agree to termination of trust when one of the following occurs:

(a) The owner or operator substitutes alternate financial assurance for closure as specified in paragraph (F)(6) of this rule.

(b) The director notifies the owner or operator, in accordance with paragraph (O) of this rule that the owner or operator is no longer required by this rule to maintain financial assurance for closure of the facility or for a scrap tire transporter.

(G) Surety bond guaranteeing payment into a closure trust fund.

(1) The owner or operator may satisfy the requirements of this rule by obtaining a surety bond that conforms to the requirements of this paragraph and by delivering the originally signed bond to the director by certified mail or any other form of mail accompanied by a receipt within the time period outlined in paragraphs (A) and (B) of this rule and by submitting a copy of the bond into the operating record in accordance with rule 3745-27-09 of the Administrative Code, if applicable. The surety company issuing the bond shall, at a minimum, be among those listed as acceptable sureties on federal bonds in"Circular 570" of the U.S. department of the treasury.

[Comment: "Circular 570" is published in the "Federal Register" annually on the first day of July; interim changes in the circular are also published in the "Federal Register."]

(2) The wording of the surety bond shall be identical to the wording specified in paragraph (B) of rule 3745-27-17 of the Administrative Code on forms prescribed by the director.

(3) The owner or operator who uses a surety bond to satisfy the requirements of this rule shall also establish a standby trust fund not later than when the bond is obtained. Under the terms of the surety bond, all payments made thereunder will be deposited by the surety directly into the standby trust fund in accordance with instructions from the director. This standby trust fund shall meet the requirements specified in paragraph (F) of this rule, except that:

(a) An originally signed duplicate of the trust agreement shall be delivered to the director with the surety bond and placed in the operating record in accordance with rule 3745-27-09 of the Administrative Code, if applicable.

(b) Until the standby trust fund is funded, pursuant to the requirements of this rule, the following are not required:

(i) Payments into the trust fund as specified in paragraph (F) of this rule.

(ii) Revisions of Schedule A of the trust agreement to show current closure cost estimate or scrap tire transporter closure cost estimate.

(iii) Annual valuations as required by the trust agreement.

(iv) Notices of nonpayment as required by the trust agreement.

(4) The bond shall guarantee that the surety will become liable on the bond obligation unless the owner or operator does one of the following, as applicable:

(a) Funds the standby trust fund in an amount equal to the penal sum of the bond before the beginning of closure of the facility.

(b) For a solid waste facility, funds the standby trust fund in an amount equal to the penal sum not later than fifteen days after a mandatory closure in accordance with the closure/post-closure care plan, permit or registration requirements, and applicable rules.

(c) For a scrap tire transporter, funds the standby trust fund in an amount equal to the penal sum of the bond in accordance with the following, as applicable:

(i) Before the registration certificate issued to the scrap tire transporter has expired and a renewal registration has not been applied for in the manner prescribed in Chapter 3745-27 of the Administrative Code.

(ii) Within fifteen days of the denial of a renewal registration certificate applied for by the owner or operator.

(iii) Within fifteen days of the suspension or revocation of the registration certificate issued to the owner or operator.

(d) Provides alternate financial assurance as specified in this rule, and obtains the director's written approval of the alternate financial assurance provided, not later than ninety days after both the owner or operator and the director receive notice of cancellation of the bond from the surety.

(5) Under the terms of the bond, the surety shall become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond.

(6) The penal sum of the bond shall be in an amount at least equal to the current closure cost estimate or the scrap tire transporter closure cost estimate except as provided in paragraph (M) of this rule.

(7) Whenever the current closure cost estimate increases to an amount greater than the penal sum of the bond, the owner or operator shall, not later than sixty days after the increase in the estimate, either cause the penal sum of the bond to be increased to an amount at least equal to the current closure cost estimate and submit evidence of such increase to the director, and into the operating record in accordance with rule 3745-27-09 of the Administrative Code, if applicable, or obtain alternate financial assurance, as specified in this rule, to compensate for the increase. Whenever the current closure cost estimate decreases, the penal sum may be reduced to the amount of the current closure cost estimate following written approval by the director. Notice of an increase or a proposed decrease in the penal sum shall be sent to the director not later than sixty days after the change.

(8) Under the terms of the bond, the bond shall remain in force unless the surety sends written notice of cancellation by certified mail or any other form of mail accompanied by a receipt to the owner or operator and to the director. Cancellation cannot occur, however, during the one hundred twenty day period beginning on the first day that both the owner or operator and the director have received the notice of cancellation, as evidenced by the return receipts.

(9) The owner or operator may cancel the bond if the director has given prior written consent. The director will provide such written consent to the surety bond company when one of the following occurs:

(a) The owner or operator substitutes alternative financial assurance for closure of a facility or for a scrap tire transporter as specified in this rule.

(b) The director notifies the owner or operator, in accordance with paragraph (O) of this rule that the owner or operator is no longer required to maintain financial assurance for closure of a facility or for a scrap tire transporter.

(H) Surety bond guaranteeing performance of closure.

(1) The owner or operator may satisfy the requirements of this rule by obtaining a surety bond which conforms to the requirements of this paragraph and by delivering the originally signed bond to the director within the time period outlined in paragraphs (A) and (B) of this rule and by submitting a copy of the surety bond into the operating record of the facility in accordance with rule 3745-27-09 of the Administrative Code, if applicable. The surety company issuing the bond shall, at a minimum, be among those listed as acceptable sureties on federal bonds in"Circular 570" of the U.S. department of the treasury.

[Comment: "Circular 570" is published in the "Federal Register" annually on the first day of July; interim changes in the circular are also published in the "Federal Register."]

(2) The wording of the surety bond shall be identical to the wording specified in paragraph (C) of rule 3745-27-17 of the Administrative Code on forms prescribed by the director.

(3) The owner or operator who uses a surety bond to satisfy the requirements of this rule shall also establish a standby trust fund. Under the terms of the surety bond, all payments made thereunder will be deposited by the surety directly into the standby trust fund in accordance with instructions from the director. This standby trust fund shall meet the requirements specified in paragraph (F) of this rule except that:

(a) An originally signed duplicate of the trust agreement shall be delivered to the director with the surety bond and placed in the operating record in accordance with rule 3745-27-09 of the Administrative Code, if applicable.

(b) Unless the standby trust fund is funded pursuant to the requirements of this rule, the following are not required:

(i) Payments into the trust fund as specified in paragraph (F) of this rule.

(ii) Revisions of Schedule A of the trust agreement to show current closure cost estimate or the scrap tire transporter cost estimate.

(iii) Annual valuations as required by the trust agreement.

(iv) Notices of nonpayment as required by the trust agreement.

(4) The bond shall guarantee that the surety will become liable on the bond obligation unless the owner or operator does one of the following, as applicable:

(a) For solid waste facilities, performs closure in accordance with the closure/post-closure plan, permit or registration requirements, and applicable rules.

(b) For scrap tire transporters, does the following, as applicable:

(i) Removes and properly disposes of any scrap tires in the scrap tire transporter's possession or which have been open dumped by the scrap tire transporter.

(ii) Complies with the requirements of rule 3745-27-79 of the Administrative Code.

(iii) Provides coverage for the owner's or operator's liability for sudden, accidental occurrences that result in damage or injury to persons or property or to the environment.

(c) Provides alternate financial assurance as specified in this rule, and obtains the director's written approval of the alternate financial assurance provided, not later than ninety days after both the owner or operator and the director receive notice of cancellation of the bond from the surety.

(5)

(a) Under the terms of the bond, the surety will become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond. Following a determination by the director that the owner or operator of the solid waste facility has failed to perform closure activities in accordance with the closure/post-closure care plan, permit or registration requirements, and applicable rules, the surety shall perform closure in accordance with the closure/post-closure care plan, permit or registration requirements, and applicable rules, or will deposit the amount of the penal sum into the standby trust fund.

(b) In the case of a scrap tire transporter, following a determination by the director that the owner or operator has failed to perform the activities specified in paragraph (H)(4)(b) of this rule, the surety shall perform the activities specified in paragraph (H)(4)(b) of this rule, or will deposit the amount of the penal sum into the standby trust fund.

(6) The penal sum of the bond shall be in an amount at least equal to the current closure cost estimate or the scrap tire transporter cost estimate.

(7) Whenever the current closure cost estimate increases to an amount greater than the penal sum of the bond, the owner or operator shall, not later than sixty days after the increase in the estimate, either cause the penal sum of the bond to be increased to an amount at least equal to the current closure cost estimate and submit evidence of such increase to the director, and into the operating record in accordance with rule 3745-27-09 of the Administrative Code, if applicable, or obtain alternate financial assurance, as specified in this rule, to compensate for the increase. Whenever the current closure cost estimate decreases, the penal sum may be reduced to the amount of the current closure cost estimate following written approval by the director. Notice of an increase or a proposed decrease in the penal sum shall be sent to the director by certified mail or any other form of mail accompanied by a receipt not later than sixty days after the change.

(8) Under the terms of the bond, the bond shall remain in force unless the surety sends written notice of cancellation by certified mail or any other form of mail accompanied by a receipt to the owner or operator and to the director. Cancellation cannot occur, however, during the one hundred twenty day period beginning on the first day that both the owner or operator and the director have received the notice of cancellation as evidenced by the return receipts.

(9) The owner or operator may cancel the bond if the director has given prior written consent. The director will provide such written consent to the surety bond company when one of the following occurs:

(a) The owner or operator substitutes alternate financial assurance for closure of a facility or for a scrap tire transporter as specified in this rule.

(b) The director notifies the owner or operator, in accordance with paragraph

(O) of this rule that the owner or operator is no longer required by this rule to maintain financial assurance for closure of a facility or for a scrap tire transporter.

(10) The surety shall not be liable for deficiencies in the completion of closure of a facility or scrap tire transporter by the owner or operator after the owner or operator has been notified by the director, in accordance with this rule, that the owner or operator is no longer required to maintain financial assurance for closure of a facility or for a scrap tire transporter.

(I) Closure letter of credit.

(1) The owner or operator may satisfy the requirements of this rule by obtaining an irrevocable standby letter of credit ("letter of credit") which conforms to the requirements of this paragraph and by having the originally signed letter of credit delivered to the director by certified mail or any other form of mail accompanied by a receipt within the time period outlined in paragraphs (A) and (B) of this rule by submitting a copy of the letter of credit into the operating record of the facility in accordance with rule 3745-27-09 of the Administrative Code, if applicable. The issuing institution shall be an entity which has the authority to issue letters of credit and whose letter of credit operations are regulated and examined by a federal or state agency.

(2) The wording of the letter of credit shall be identical to the wording specified in paragraph (D) of rule 3745-27-17 of the Administrative Code on forms prescribed by the director.

(3) An owner or operator who uses a letter of credit to satisfy the requirements of this rule shall also establish a standby trust fund. Under the terms of the letter of credit, all amounts paid pursuant to a draft by the director shall be deposited promptly and directly by the issuing institution into the standby trust fund in accordance with instructions from the director. The standby trust fund shall meet the requirements of the trust fund specified in paragraph (F) of this rule, except that:

(a) An originally signed duplicate of the trust agreement shall be delivered to the director with the letter of credit, and a copy of the letter placed in the operating record in accordance with rule 3745-27-09 of the Administrative Code, if applicable.

(b) Unless the standby trust fund is funded pursuant to the requirements of this rule, the following are not required:

(i) Payments into the trust fund as specified in paragraph (F) of this rule.

(ii) Updating of Schedule A of the trust agreement to show current closure cost estimate or the scrap tire transporter closure cost estimate.

(iii) Annual valuations as required by the trust agreement.

(iv) Notices of nonpayment as required by the trust agreement.

(4) The letter of credit shall be accompanied by a letter from the owner or operator referring to the letter of credit by number, issuing institution, and date, and providing the following information: the names and addresses of the solid waste facility and the owner and the operator and the amount of funds assured for closure of the facility by the letter of credit or in the case of scrap tire transporters, the name and address of the owner and the operator.

(5) The letter of credit shall be irrevocable and issued for a period of at least one year. The letter of credit shall provide that the expiration date will be automatically extended for a period of at least one year unless, at least one hundred twenty days prior to the current expiration date, the issuing institution notifies both the owner and operator and the director by certified mail or any other form of mail accompanied by a receipt of a decision not to extend the expiration date. Under the terms of the letter of credit, the one hundred twenty day period shall begin on the day when both the owner or operator and the director have received the notice, as evidenced by the return receipts.

(6) The letter of credit shall be issued in an amount at least equal to the current closure cost estimate, or the scrap tire transporter closure cost estimate except as provided in paragraph (M) of this rule.

(7) Whenever the current closure cost estimate increases to an amount greater than the amount of the credit, the owner or operator shall, not later than sixty days after the increase, either cause the amount of the credit to be increased to an amount at least equal to the current closure cost estimate and submit evidence of such increase to the director, and into the operating record in accordance with rule 3745-27-09 of the Administrative Code, if applicable, or obtain alternate financial assurance, as specified in this rule, to compensate for the increase. Whenever the current closure cost estimate decreases, the letter of credit may be reduced to the amount of the current closure cost estimate following written approval by the director. Notice of an increase or a proposed decrease in the amount of the letter of credit shall be sent to the director by certified mail or any other form of mail accompanied by a receipt not later than sixty days after the change.

(8) Under the terms of the letter of credit, the director may draw on the letter of credit following a determination that the owner or operator has failed to:

(a) For solid waste facilities, perform closure in accordance with the closure/post-closure care plan, permit or registration requirements, and applicable rules.

(b) For scrap tire transporters, do the following, as applicable:

(i) Remove and properly dispose of any scrap tires which have been open dumped by the scrap tire transporter.

(ii) Comply with the requirements of rule 3745-27-79 of the Administrative Code.

(iii) To cover the owner's or operator's liability for sudden, accidental occurrences that result in damage or injury to persons or property or to the environment.

(c) Provide alternate financial assurance as specified in this rule and obtain written approval of such alternate financial assurance from the director not later than ninety days after the owner and operator and the director have received notice from the issuing institution that it will not extend the letter of credit beyond the current expiration date, the director shall draw on the letter of credit. The director may delay the drawing if the issuing institution grants an extension of the term of the credit. During the thirty days of any such extension the director shall draw on the letter of credit if the owner or operator has failed to provide alternate financial assurance as specified in this rule and has failed to obtain written approval of such alternate financial assurance from the director.

(9) The director shall return the original letter of credit to the issuing institution for termination when either of the following occur:

(a) The owner or operator substitutes alternate financial assurance for closure of a facility or a scrap tire transporter as specified in this rule.

(b) The director notifies the owner or operator, in accordance with paragraph (O) of this rule that the owner or operator is no longer required to maintain financial assurance for closure of a facility or a scrap tire transporter.

(J) Closure insurance.

(1) The owner or operator may satisfy the requirements of this rule by obtaining closure insurance which conforms to the requirements of this paragraph and by submitting an originally signed certificate of such insurance to the director by certified mail or any other form of mail accompanied by a receipt within the time period outlined in paragraphs (A) and (B) of this rule, and if the facility is a sanitary landfill facility, by submitting a copy of the certificate of insurance into the operating record of the facility in accordance with rule 3745-27-09 of the Administrative Code. At a minimum, the insurer shall be licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more states.

(2) The wording of the certificate of insurance shall be identical to the wording specified in paragraph (E) of rule 3745-27-17 of the Administrative Code on forms prescribed by the director.

(3) The closure insurance policy shall be issued for a face amount at least equal to the current closure cost estimate or the scrap tire transporter cost estimate, except as provided in paragraph (M) of this rule. Face amount means the total amount the insurer is obligated to pay under the policy. Actual payments by the insurer will not change the face amount, although the insurer's future liability will be lowered by the amount of the payments.

(4)

(a) The closure insurance policy shall guarantee that funds will be available to close the facility whenever closure is mandated. The policy shall also guarantee that once closure begins, the insurer will be responsible for paying out funds, up to an amount equal to the face amount of the policy, upon the direction of the director, to such party or parties as the director specifies.

(b) The scrap tire transporter insurance policy shall guarantee that funds will be available to perform the authorized closure activities whenever such activities are mandated. The policy shall also guarantee that once such activities begin, the insurer will be responsible for paying out funds, up to an amount equal to the face amount of the policy, upon the direction of the director, to such party or parties as the director specifies.

(5) Reimbursement for closure.

The owner or operator, or any other person authorized by the owner, operator, or director to perform closure, may request reimbursement for closure expenditures by submitting itemized bills to the director. After receiving itemized bills for closure activities, the director shall determine whether the closure expenditures are in accordance with the closure/post-closure care plan, permit or registration requirements, and applicable rules, or are otherwise justified, and if so, shall instruct the insurer to make reimbursement in such amounts as the director specifies in writing. If the director has reason to believe that the cost of closure will be greater than the face amount of the policy, the director may withhold reimbursement of such amounts as the director deems prudent until the director determines, in accordance with paragraph (O) of this rule that the owner or operator is no longer required to maintain financial assurance for closure of the facility or scrap tire transporter.

(6) The owner or operator shall maintain the policy in full force and effect until the director consents to termination of the policy by the owner or operator as specified in paragraph (J)(8) of this rule. Failure to pay the premium, without substitution of alternate financial assurance as specified in this rule, will constitute a violation of these rules, warranting such remedy as the director deems necessary. Such violation shall be deemed to begin upon receipt by the director of a notice of future cancellation, termination, or failure to renew due to nonpayment of the premium, rather than upon the date of expiration.

(7) Each policy shall contain a provision allowing assignment of the policy to a successor owner or operator. Such assignment may be conditional upon consent of the insurer, provided such consent is not unreasonably refused.

(8) The policy shall provide that the insurer may not cancel, terminate, or fail to renew the policy except for failure to pay the premium. The automatic renewal of the policy shall, at a minimum, provide the insured with the option of renewal at the face amount of the expiring policy. If there is a failure to pay the premium, the insurer may elect to cancel, terminate, or fail to renew the policy by sending notice by certified mail or any other form of mail accompanied by a receipt to the owner or operator and to the director. Cancellation, termination, or failure to renew may not occur, and the policy will remain in full force and effect unless on or before the date of expiration:

(a) For solid waste facilities, any activities required by the closure/post-closure care plan, permit or registration requirements, and applicable rules have occurred.

(b) For a scrap tire transporter, following a determination that the owner or operator has failed to perform the closure activities specified in the registration requirements and applicable rules.

(c) Closure of the facility is ordered by the director or a court of competent jurisdiction, or characterization and remediation in accordance with rule 3745-27-79 of the Administrative Code is ordered by the director or a court of competent jurisdiction.

(d) The owner or operator is named as debtor in a voluntary or involuntary proceeding under title 11 (bankruptcy), U.S. Code.

(e) The premium due is paid.

(9) Whenever the current closure cost estimate increases to an amount greater than the face amount of the policy, the owner or operator shall, not later than sixty days after the increase, either cause the face amount to be increased to an amount at least equal to the current closure cost estimate and submit evidence of such increase to the director, and into the operating record in accordance with rule 3745-27-09 of the Administrative Code, if applicable, or obtain alternate financial assurance as specified in this rule to compensate for the increase. Whenever the current closure cost estimate decreases, the face amount may be reduced to the amount of the current closure cost estimate following written approval by the director.

(10) The director will give written consent to the owner or operator that owner or operator may terminate the insurance policy when either of the following occurs:

(a) The owner or operator substitutes alternate financial assurance for closure of a facility or a scrap tire transporter as specified in this rule.

(b) The director notifies the owner or operator, in accordance with paragraph (O) of this rule that the owner or operator is no longer required to maintain financial assurance for closure of a facility or a scrap tire transporter.

(K) Financial test and corporate guarantee for closure of a solid waste facility or a scrap tire transporter.

(1) The owner or operator may satisfy the requirements of this rule by demonstrating that the owner or operator passes a financial test as specified in this paragraph. To pass this test the owner or operator shall demonstrate that less than fifty per cent of the parent corporation's gross revenues are derived from solid waste disposal, solid waste transfer facility operations, or scrap tire transporter, or if there is no parent corporation, the owner or operator shall demonstrate that less than fifty per cent of its gross revenues are derived from solid waste facility, or solid waste transfer facility, or scrap tire transporter operations and either:

(a) The owner or operator shall have the following:

(i) Satisfaction of at least two of the following ratios: a ratio of total liabilities to net worth less than 2.0 ; a ratio of the sum of net income plus depreciation, depletion, and amortization minus $10 million to total liabilities greater than 0.1 ; a ratio of current assets to current liabilities greater than 1.5.

(ii) Net working capital and tangible net worth each at least six times the sum of the current closure and current post-closure care cost estimates, scrap tire transporter closure cost estimates, any corrective measures cost estimates, and any other obligations assured by a financial test.

(iii) Tangible net worth of at least ten million dollars.

(iv) Assets in the United States amounting to at least ninety per cent of total assets or at least six times the sum of the current final and current post-closure care cost estimates, scrap tire transporter closure cost estimates, any current corrective measures cost estimates, and any other assured by a financial test.

(b) The owner or operator shall have:

(i) Issued a corporate bond for which the owner or operator, as the issuing entity, has not received a current rating of less than BBB as issued by "Standard and Poor's" or Baa as issued by "Moody's." Owners or operators using bonds that are secured by collateral or a guarantee must meet the minimum rating without that security.

(ii) Tangible net worth at least six times the sum of the current final and current post-closure care cost estimates, scrap tire transporter closure cost estimates, any corrective measures cost estimates, and any other obligations assured by a financial test.

(iii) Tangible net worth of at least ten million dollars.

(iv) Assets in the United States amounting to at least ninety per cent of total assets or at least six times the sum of the current and current post-closure care cost estimates, scrap tire transporter closure cost estimates, any current corrective measures cost estimates, and any other obligations assured by a financial test.

(2) Current closure and current post-closure care cost estimates, scrap tire transporter closure cost estimates, any current corrective measures cost estimates, and any other obligations assured by a financial test as used in paragraph (K)(1) of this rule refers to the cost estimates required to be shown in the letter from the owner's or operator's chief financial officer.

(3) To demonstrate that requirements of this test are met, the owner or operator shall submit the following items to the director, and into the operating record in accordance with rule 3745-27-09 of the Administrative Code, if applicable:

(a) A letter signed by the owner's or operator's chief financial officer and worded as specified in paragraph (F) of rule 3745-27-17 of the Administrative Code on forms prescribed by the director.

(b) A copy of a report by an independent certified public accountant examining the owner's or the operator's financial statements for the most recently completed fiscal year.

(c) A special report from the owner's or the operator's independent certified public accountant, in the form of an agreed-upon procedures report, to the owner or operator stating the following:

(i) The independent certified public accountant has compared the data which the letter from the chief financial officer specifies as having been derived from the independently audited year-end financial statements for the most recent fiscal year with the amounts in such financial statements.

(ii) In connection with the agreed-upon procedures report, the independent certified public accountant states that the independent certified public accountant agrees the specified data is accurate.

(4) After the initial submission of the items specified in paragraph (K)(3) of this rule, the owner or operator shall send updated information to the director, and submit updated information into the operating record in accordance with rule 3745-27-09 of the Administrative Code, if applicable, not later than ninety days after the close of each succeeding fiscal year. This information shall include all three items specified in paragraph (K)(3) of this rule.

(5) If the owner or operator no longer meets the requirements of paragraph (K)(1) of this rule, notice shall be sent to the director of the intent to establish alternate financial assurance as specified in this rule. The notice must be sent by certified mail or any other form of mail accompanied by a receipt not later than ninety days after the end of the fiscal year for which the year-end financial data show that the owner or operator no longer meets the requirements. A copy of the notice shall also be placed in the operating record, if applicable. The owner or operator shall provide alternate financial assurance not later than one hundred twenty days after the end of such fiscal year.

(6) The director may, based on a reasonable belief that the owner or operator no longer meets the requirements of paragraph (K)(1) of this rule, require reports of financial condition at any time from the owner or operator in addition to those specified in paragraph (K)(3) of this rule. If the director finds, on the basis of such reports or other information, that the owner or operator no longer meets the requirements of paragraph (K)(1) of this rule, the owner or operator shall provide alternate financial assurance as specified in this rule not later than thirty days after notification of such a finding.

(7) The director may disallow use of this test on the basis of qualifications in the opinion expressed by the independent certified public accountant in the report on examination of the owner's or operator's financial statements. An adverse opinion or disclaimer of opinion will be cause for disallowance. The director shall evaluate other qualifications on an individual basis. The owner or operator shall provide alternate financial assurance as specified in this rule not later than thirty days after notification of the disallowance.

(8) The owner or operator is no longer required to submit the items specified in paragraph (K)(3) of this rule when either of the following occur:

(a) The owner or operator substitutes alternate financial assurance for closure of a facility or a scrap tire transporter as specified in this rule.

(b) The director notifies the owner or operator, in accordance with paragraph (O) of this rule that the owner or operator is no longer required to maintain financial assurance for closure of a facility or scrap tire transporter.

(9) The owner or operator may meet the requirements of this rule by obtaining a written guarantee, hereafter referred to as a corporate guarantee. The guarantor shall be the parent corporation of the owner or operator. The guarantor shall meet the requirements for an owner or operator in paragraphs (K)(1) to (K)(7) of this rule and shall comply with the terms of the corporate guarantee. The wording of the corporate guarantee shall be identical to the wording specified in paragraph (G) of rule 3745-27-17 of the Administrative Code on forms prescribed by the director. The corporate guarantee shall accompany the items sent to the director as specified in paragraph (K)(3) of this rule. The terms of the corporate guarantee shall provide that:

(a) The owner or operator shall perform closure of a facility or scrap tire transporter provided for by the corporate guarantee in accordance with the closure/post-closure care plan, permit or registration requirements, and applicable rules.

(b) The guarantor shall perform the activities in paragraph (K)(9)(a) of this rule or shall establish a trust fund in the name of the owner or operator as specified in paragraph (F) of this rule if the owner or operator fails to perform those activities.

(c) The corporate guarantee shall remain in force unless the guarantor sends notice of cancellation by certified mail or any other form of mail accompanied by a receipt to the owner or operator and to the director. Cancellation may not occur, however, during the one hundred twenty day period beginning on the first day that both the owner or operator and the director have received notice of cancellation, as evidenced by the return receipts.

(d) If the owner or operator fails to provide alternate financial assurance as specified in this rule, and fails to obtain the written approval of such alternate financial assurance from the director not later than ninety days after both the owner or operator and the director have received notice of cancellation of the corporate guarantee from the guarantor, the guarantor shall provide such alternate financial assurance in the name of the owner or operator.

(L) Local government financial test for closure.

(1) For the purposes of this rule, local government means a subdivision of the state of Ohio including, but not limited to, a municipal corporation, a county, a township, a single or joint county solid waste management district, or a solid waste management authority.

(2) A local government may satisfy the requirements of this rule by demonstrating that the local government passes a financial test as specified in this paragraph. This test consists of a financial component, a public notice component, and a record-keeping and reporting component. In order to satisfy the financial component of the test, a local government must meet the following criteria:

(a) A local government's financial statements shall be prepared in accordance with "Generally Accepted Accounting Principles" for local governments.

(b) A local government must not have operated at a deficit equal to five per cent or more of total annual revenue in either of the past two fiscal years.

(c) A local government must not currently be in default on any outstanding general obligation bonds.

(d) A local government must not have any outstanding general obligation bonds rated lower than BBB as issued by "Standard and Poor's" or Baa as issued by "Moody's." Local governments using bonds that are secured by collateral or a guarantee must meet the minimum rating without that security.

(3) In addition, to satisfy that financial component of the test, a local government must meet either of the following criteria:

(a) A local government must have the following:

(i) A ratio of cash plus marketable securities to total expenditures greater than or equal to 0.05.

(ii) A ratio of annual debt service to total expenditures less than or equal to 0.20.

(iii) A ratio of long term debt issued and outstanding to capital expenditures less than or equal to 2.00.

(iv) A ratio of the current cost estimates for closure, post-closure care, corrective measures, scrap tire transporter closure, and any other obligations assured by a financial test, to total revenue less than or equal to 0.43.

(b) The local government shall have:

(i) Outstanding general obligation bonds for which the local government, as the issuing entity, has not received a current rating of less than BBB as issued by "Standard and Poor's" or Baa as issued by "Moody's." Local governments using bonds that are secured by collateral or a guarantee must meet the minimum rating without that security.

(ii) A ratio of the current cost estimates for closure, post-closure care, corrective measures, scrap tire transporter closure, and any other obligations assured by a financial test, to total revenue less than or equal to 0.43.

(4) In order to satisfy the public notice component of the test, a local government must in each year that the test is used, identify the current cost estimates in either its budget or its comprehensive annual financial report. The facility covered, the categories of expenditures, including closure, post-closure care, corrective measures, scrap tire transporter closure, the corresponding cost estimate for each expenditure, and the anticipated year of the required activity must be recorded. If the financial assurance obligation is to be included in the budget, it should either be listed as an approved budgeted line item, if the obligation will arise during the budget period, or in an appropriate supplementary data section, if the obligation will not arise during the budget period. If the information is to be included in the comprehensive annual financial report, it is to be included in the financial section as a footnote to the annual financial statements.

(5) To demonstrate that the local government meets the requirements of this test, the following three items must be submitted to the director, and into the operating record in accordance with rule 3745-27-09 of the Administrative Code, if applicable:

(a) A letter signed by the local government's chief financial officer and worded as specified in paragraph (H) of rule 3745-27-17 of the Administrative Code on forms prescribed by the director that:

(i) Lists all current cost estimates covered by a financial test.

(ii) Certifies that the local government meets the conditions of paragraph (L)(1) of this rule.

(iii) Provides evidence and certifies that the local governments meets the conditions of either paragraph (L)(2)(a) or (L)(2)(b) of this rule.

(b) A copy of the local government's independently audited year-end financial statements for the latest fiscal year, including the unqualified opinion of the auditor. The auditor must be an independent, certified public accountant or auditor of state.

(c) A special report from the independent certified public accountant or auditor of state, in the form of an agreed-upon procedures report, to the local government stating that:

(i) The certified public accountant or auditor of state has compared the data which the letter from the chief financial officer specifies as having been derived from the independently audited year-end financial statements for the most recent fiscal year with the amounts in such financial statements.

(ii) In connection with the agreed-upon procedures report, the independent certified public accountant states that the independent certified public accountant agrees the specified data is accurate.

(6) After the initial submission of the items specified in this rule, a local government shall send updated information to the director on forms prescribed by the director, and submit updated information into the operating record in accordance with rule 3745-27-09 of the Administrative Code, if applicable, not later than one hundred eighty days after the close of each succeeding fiscal year. This information shall include all items specified in this rule.

(7) If a local government no longer meets the requirements of this rule, notice shall be sent to the director of the intent to establish alternate financial assurance as specified in this rule. The notice must be sent by certified mail or any other form of mail accompanied by a receipt not later than one hundred fifty days after the end of the fiscal year for which the year-end financial data show that the local government no longer meets the requirements. A copy of the notice shall also be placed in the operating record, if applicable. The local government shall provide alternate financial assurance not later than one hundred eighty days after the end of such fiscal year.

(8) The director may, based on a reasonable belief that the local government no longer meets the requirements of this rule, require reports of financial condition at any time from the local government in addition to those specified in this rule. If the director finds, on the basis of such reports or other information, that the local government no longer meets the requirements of this rule, the local government shall provide alternate financial assurance as specified in this rule not later than thirty days after notification of such a finding.

(9) The director may disallow use of this test on the basis of qualifications in the opinion expressed by the independent certified public accountant or auditor of state in the report on examination of the local government's financial statements. An adverse opinion or disclaimer of opinion will be cause for disallowance. The director shall evaluate other qualifications on an individual basis. The local government shall provide alternate financial assurance as specified in this rule not later than thirty days after notification of the disallowance.

(10) A local government is no longer required to submit the items specified in this rule when one of the following occur:

(a) The local government substitutes alternate financial assurance for closure as specified in this rule.

(b) The director notifies the local government, in accordance with paragraph (O) of this rule, that the local government is no longer required to maintain financial assurance for closure of a facility or a scrap tire transporter.

(M) Use of multiple financial assurance mechanisms.

The owner or operator may satisfy the requirements of this rule by establishing more than one financial assurance mechanism for each facility or by establishing more than one financial assurance mechanism for scrap tire transporter financial assurance. These mechanisms are limited to a trust fund, surety bond guaranteeing payment into a closure trust fund, letter of credit, insurance, and the local government financial test. The mechanisms shall be as specified in paragraphs (F), (G), (I), (J), and (L) respectively of this rule, except that it is the combination of mechanisms, rather than each single mechanism, which shall provide financial assurance for an amount at least equal to the current closure cost estimate or scrap tire transporter closure cost estimate. If an owner or operator uses a trust fund in combination with a surety bond or a letter of credit, owner or operator may use the trust fund as the standby trust fund for the other mechanisms. A single standby trust fund may be established for two or more mechanisms. The director may invoke use of any or all of the mechanisms, in accordance with paragraphs (F), (G), (I), (J), and (L) of this rule, to provide for closure of the facility or provide for the required closure for a scrap tire transporter.

(N) Use of a financial assurance mechanism for multiple facilities.

The owner or operator may use a financial assurance mechanism specified in this rule to meet the requirements of this rule for more than one facility. Evidence of financial assurance submitted to the director shall include a list showing, for each facility, the name, address, and the amount of funds for closure assured by the financial assurance mechanism. The amount of funds available through the financial assurance mechanism shall be no less than the sum of the funds that would be available if a separate financial assurance mechanism had been established and maintained for each facility.

(O) Release of the owner or operator of a solid waste facility or scrap tire transporter from the requirements of this rule.

The director shall notify the owner or operator in writing that the owner or operator is no longer required, by this rule, to maintain financial assurance for closure of the particular facility or scrap tire transporter, unless the director has reason to believe that closure has not been completed in accordance with the requirements of Chapter 3745-27, 3745-29, or 3745-30 of the Administrative Code, as applicable, or the closure/post-closure care plan after receiving certifications from the owner or operator and an independent professional skilled in the appropriate disciplines that closure has been completed in accordance with the closure/post-closure care plan, permit or registration requirements, and applicable rules.

[Comment: The notice releases the owner or operator only from the requirements for financial assurance for closure of the facility; it does not release the owner or operator from legal responsibility for meeting the post-closure care standards or corrective measures, if applicable.]

Effective: 11/01/2007
R.C. 119.032 review dates: 08/08/2007 and 11/01/2012
Promulgated Under: 119.03
Statutory Authority: 3734.02 , 3734.71 , 3734.72 , 3734.73 , 3734.74
Rule Amplifies: 3734.02 , 3734.12 , 3734.71 , 3734.72 , 3734.73 , 3734.74
Prior Effective Dates: 03/01/90, 05/31/91, 06/01/92, 06/01/94, 03/01/96, 05/15/97, 9/1/02

3745-27-16 Financial assurance for solid waste facility post-closure care.

(A) Applicability.

(1) Financial assurance information shall be submitted as part of a permit to install for a new sanitary landfill facility, for a modification that increases the post-closure care cost estimate of an existing facility, or as part of a permit to install application submitted in response to division (A)(3) or (A)(4) of section 3734.05 of the Revised Code.

(2) For sanitary landfill facilities subject to paragraph (A) of rule 3745-27-11 , 3745-29-11 , or 3745-30-09 of the Administrative Code, as applicable, the owner or operator shall submit to Ohio EPA a post-closure care financial assurance instrument in accordance with this rule.

[Comment: The requirements of this rule do not apply to solid waste composting facilities subject to the requirements of rules 3745-27-40 to 3745-27-47 of the Administrative Code; solid waste incinerators subject to the requirements of rules 3745-27-50 to 3745-27-53 of the Administrative Code; solid waste transfer facilities subject to the requirements of rules 3745-27-21 to 3745-27-24 of the Administrative Code; or scrap tire collection, storage, recovery, mobile recovery facilities or scrap tire transporters subject to rules 3745-27-54 to 3745-27-67 of the Administrative Code, because there are no post-closure care requirements for these types of facilities or operations.]

(B) Implementation.

(1) The owner or operator of a sanitary landfill facility shall execute and fund the post-closure care financial assurance instrument submitted as a part of a permit to install prior to receipt of solid waste at a new sanitary landfill facility, a modification that increases post-closure care cost estimates of an existing sanitary landfill facility, or prior to issuance of a permit to install for which an application was submitted in response to division (A)(3) or (A)(4) of section 3734.05 of the Revised Code.

(2) The owner or operator of sanitary landfill facilities subject to paragraph (A) of rule 3745-27-11 , 3745-29-11 , or 3745-30-09 of the Administrative Code, as applicable, shall execute and fund the post-closure care financial assurance instrument within sixty days of approval of the final closure/post-closure care plan.

(C) Post-closure care financial assurance instrument.

The post-closure care financial assurance instrument shall contain an itemized written estimate, in current dollars, of the cost of post-closure care for the sanitary landfill facility in accordance with rule 3745-27-14 , 3745-29-14 , or 3745-30-10 of the Administrative Code, as applicable, or for a scrap tire monofill facility in accordance with rule 3745-27-74 of the Administrative Code. The estimate shall be based on a third party conducting the post-closure care activities. Ohio EPA may review, approve, and/or require revisions to the post-closure care cost estimate and/or to the post-closure care financial assurance instrument.

(D) Review of post-closure care financial assurance instruments. The owner or operator of a sanitary landfill facility shall submit to the director, by certified mail or any other form of mail accompanied by a receipt, the most recently adjusted post-closure care cost estimate prepared in accordance with this paragraph:

(1) The owner or operator of a sanitary landfill facility shall annually review and analyze the post-closure care cost estimate and shall make any appropriate revisions to these estimates and to the financial assurance instrument whenever a change in the post-closure care activities increases the cost of post-closure care. Any revised post-closure care cost estimate must be adjusted for inflation as specified in paragraph (D)(2) of this rule.

(2) The owner or operator of a sanitary landfill facility shall annually adjust the post-closure care cost estimate for inflation. The adjustment shall be made as specified in this paragraph, using an inflation factor derived from the annual implicit price deflator for gross domestic product as published by the U.S. department of commerce in its February issue of "Survey of Current Business." The inflation factor is the result of dividing the latest published annual deflator by the deflator for the previous year.

(a) The first adjustment is made by multiplying the post-closure care cost estimate by the inflation factor. The result is the adjusted post-closure care cost estimate.

(b) Subsequent adjustments are made by multiplying the most recently adjusted post-closure care cost estimate by the most recent inflation factor.

(E) The owner or operator of a sanitary landfill facility shall select a post-closure care financial assurance mechanism from the list of mechanisms specified in paragraphs (F), (G), (H), (I), (J), (K), or (L) of this rule, except as otherwise specified by this rule, provided the owner or operator satisfies the criteria for use of that mechanism.

(F) Post-closure care trust fund.

(1) The owner or operator may satisfy the requirements of this rule by establishing a post-closure care trust fund which conforms to the requirements of this paragraph and by sending an originally signed duplicate of the trust agreement to the director within the time period outlined in paragraph (B) of this rule. The trustee shall be an entity that has the authority to act as a trustee and which trust operations are regulated and examined by a federal or state agency.

(2) The wording of the trust agreement shall be identical to the wording specified in paragraph (A)(1) of rule 3745-27-17 of the Administrative Code on forms prescribed by the director and the trust agreement shall be accompanied by a formal certification of acknowledgment. Schedule A of the trust agreement shall be updated not later than sixty days after a change in the amount of the current post-closure care cost estimate provided for in the agreement.

(3) A post-closure care trust fund shall be established to secure an amount at least equal to the current post-closure care cost estimate, except as provided in paragraph (M) of this rule. Payments to the trust fund shall be made annually, except as permitted by paragraph (F)(4) of this rule, by the owner or operator over the term of the applicable authorizing document, including permit to install, or plan approval, and shall be based on the authorized maximum daily waste receipt and the approved volume of the sanitary landfill facility; this period is hereafter referred to as the pay-in period. The first payment into the post-closure care trust fund shall be made in accordance with paragraph (B) of this rule. Subsequent payments to the post-closure care trust fund shall be made as follows:

(a) A receipt from the trustee for each payment shall be submitted by the owner or operator to the director. The first payment shall be at least equal to the current post-closure care cost estimate divided by the number of years in the pay-in period, except as provided in paragraph (M) of this rule. Subsequent payments shall be made not later than thirty days after each anniversary date of the first payment. The amount of each subsequent payment shall be determined by performing the following calculation:

Next payment = CE - CV/Y

Where CE is the current post-closure care cost estimate, CV is the current value of the trust fund, and Y is the number of years remaining in the pay-in period.

(b) If the owner or operator establishes a trust fund, as specified in this rule, and the value of the trust fund is less than any revised current post-closure care cost estimate made during the pay-in period, the amount of the current post-closure care cost estimate still to be paid into the trust fund shall be paid in over the pay-in period, as defined in paragraph (F)(3) of this rule. Payments shall continue to be made not later than thirty days after each anniversary date of the first payment pursuant to paragraph (F)(3)(a) of this rule. The amount of each payment shall be determined by performing the following calculation:

Next payment = CE - CV/Y

Where CE is the current post-closure care cost estimate, CV is the current value of the trust fund, and Y is the number of years remaining in the pay-in period.

(c) The owner or operator may make the first installment required under paragraphs (F)(3)(a) or (F)(3)(b) of this rule by providing alternate financial insurance using one of the mechanisms specified in paragraphs (G), (I), or (J) of this rule in an amount at least equal to the first installment. On the anniversary date of the first installment, the owner or operator shall pay into the trust an amount at least equal to the first and second installments required under paragraphs (F)(3)(a) or (F)(3)(b) of this rule or select an alternate financial assurance mechanism.

(4) The owner or operator may accelerate payments into the trust fund or the owner or operator may deposit the full amount of the current post-closure care cost estimate at the time the fund is established. However, the owner or operator shall maintain the value of the fund at no less than the value the fund would have if annual payments were made as specified in paragraph (F)(3) of this rule.

(5) If the owner or operator establishes a post-closure care trust fund after having begun funding post-closure care under any mechanism(s) specified in this rule, the post-closure care trust fund shall be established by depositing the total value of all prior mechanisms into the newly established trust fund. The subsequent annual payments shall be made as specified in paragraph (F)(3) of this rule.

(6) After the pay-in period of a trust fund has ended and the current post-closure care cost estimate changes, the owner or operator shall compare the revised estimate to the trustee's most recent annual valuation of the trust fund. If the value of the trust fund is less than the amount of the revised estimate, the owner or operator shall, not later than sixty days after the change in the cost estimate, either deposit a sufficient amount into the trust fund so that its value after payment at least equals the amount of the current post-closure care cost estimate, or obtain alternate financial assurance as specified in this rule to compensate for the difference.

(7) The director shall instruct the trustee to release to the owner or operator such funds as the director specifies in writing, after receiving one of the following requests from the owner or operator for a release of funds:

(a) The owner or operator may submit a written request to the director for the release of the amount in excess of the current post-closure care cost estimate, if the value of the trust fund is greater than the total amount of the current post-closure care cost estimate.

(b) The owner or operator may submit a written request to the director for release of the amount in the trust fund that exceeds the amount required as a result of such substitution, if the owner or operator substitutes any of the alternate financial assurance mechanism(s) specified in this rule for all or part of the trust fund.

(8) Reimbursement for post-closure care at sanitary landfill facilities.

After beginning post-closure care, the owner or operator, or any other person authorized by the owner, operator, or director to perform post-closure care, may request reimbursement for post-closure care expenditures by submitting itemized bills to the director. After receiving itemized bills for post-closure care activities, the director shall determine whether the post-closure care expenditures are in accordance with the final closure/post-closure care plan, permit requirements, and applicable rules, or are otherwise justified, and if so, will instruct the trustee to make reimbursement in such amounts as the director specifies in writing. If the director determines that the cost of post-closure care will be greater than the value of the trust fund, he may withhold reimbursement of such amounts as he deems prudent until he determines, in accordance with paragraph (O) of this rule, that the owner or operator is no longer required to maintain financial assurance for post-closure care of the facility.

(9) The director will agree to termination of a trust when one of the following occurs:

(a) The owner or operator substitutes alternate financial assurance for post-closure care as specified in paragraph (F)(6) of this rule.

(b) The director notifies the owner or operator, in accordance with paragraph (O) of this rule, that the owner or operator is no longer required by this rule to maintain financial assurance for post-closure care of the facility.

(G) Surety bond guaranteeing payment into a post-closure care trust fund.

(1) The owner or operator may satisfy the requirements of this rule by obtaining a surety bond that conforms to the requirements of this paragraph and by delivering the originally signed bond to the director by certified mail or any other form of mail accompanied by a receipt within the time period outlined in paragraphs (A) and (B) of this rule by submitting a copy of the bond into the operating record in accordance with rule 3745-27-09 of the Administrative Code, if applicable.

The surety company issuing the bond shall, at a minimum, be among those listed as acceptable sureties on federal bonds in "Circular 570" of the U.S. department of the treasury.

[Comment: "Circular 570" is published in the "Federal Register" annually on the first day of July; interim changes in the circular are also published in the "Federal Register."]

(2) The wording of the surety bond shall be identical to in paragraph (B) of rule 3745-27-17 of the Administrative Code on forms prescribed by the director.

(3) The owner or operator who uses a surety bond to satisfy the requirements of this rule shall also establish a standby trust fund not later than when the bond is obtained. Under the terms of the surety bond, all payments made thereunder will be deposited by the surety directly into the standby trust fund in accordance with instructions from the director. This standby trust fund shall meet the requirements specified in paragraph (F) of this rule, except that:

(a) An originally signed duplicate of the trust agreement shall be delivered to the director with the surety bond and placed in the operating record in accordance with rule 3745-27-09 of the Administrative Code, if applicable.

(b) Until the standby trust fund is funded, pursuant to the requirements of this rule, the following are not required:

(i) Payments into the trust fund as specified in paragraph (F) of this rule.

(ii) Revisions of Schedule A of the trust agreement to show current post-closure care cost estimate.

(iii) Annual valuations as required by the trust agreement.

(iv) Notices of nonpayment as required by the trust agreement.

(4) The bond shall guarantee that the surety shall become liable on the bond obligation unless the owner or operator does one of the following, as applicable:

(a) Funds the standby trust fund in an amount equal to the penal sum of the bond before the beginning of final closure of the facility.

(b) Funds the standby trust fund in an amount equal to the penal sum of the bond not later than fifteen days after a mandatory final closure requirement in accordance with the final closure/post-closure care plan, permit requirements, and applicable rules.

(c) Provides alternate financial assurance as specified in this rule, and obtains the director's written approval of the alternate financial assurance provided, not later than ninety days after both the owner or operator and the director receive notice of cancellation of the bond from the surety.

(5) Under the terms of the bond, the surety shall become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond.

(6) The penal sum of the bond shall be in an amount at least equal to the current post-closure care cost estimate except as provided in paragraph (M) of this rule.

(7) Whenever the current post-closure care cost estimate increases to an amount greater than the penal sum of the bond, the owner or operator shall, not later than sixty days after the increase in the estimate, either cause the penal sum of the bond to be increased to an amount at least equal to the current post-closure care cost estimate and submit evidence of such increase to the director, and into the operating record in accordance with rule 3745-27-09 of the Administrative Code, if applicable, or obtain alternate financial assurance, as specified in this rule, to compensate for the increase. Whenever the current post-closure care cost estimate decreases, the penal sum may be reduced to the amount of the current post-closure care cost estimate following written approval by the director. Notice of an increase or a proposed decrease in the penal sum shall be sent to the director not later than sixty days after the change.

(8) Under the terms of the bond, the bond shall remain in force unless the surety sends written notice of cancellation by certified mail or any other form of mail accompanied by a receipt to the owner or operator and to the director. Cancellation cannot occur, however, during the one hundred twenty day period beginning on the first day that both the owner or operator and the director have received the notice of cancellation, as evidenced by the return receipts.

(9) The owner or operator may cancel the bond if the director has given prior written consent. The director will provide such written consent to the surety bond company when one of the following occurs:

(a) The owner or operator substitutes alternate financial assurance for post-closure care as specified in this rule.

(b) The director notifies the owner or operator, in accordance with paragraph (O) of this rule that the owner or operator is no longer required to maintain financial assurance for post-closure care of the facility.

(H) Surety bond guaranteeing performance of post-closure care.

(1) The owner or operator may satisfy the requirements of this rule by obtaining a surety bond which conforms to the requirements of this paragraph and by delivering the originally signed bond to the director within the time period outlined in paragraphs (A) and (B) of this rule by submitting a copy of the surety bond into the operating record of the facility in accordance with rule 3745-27-09 of the Administrative Code, if applicable.

The surety company issuing the bond shall, at a minimum, be among those listed as acceptable sureties on federal bonds in "Circular 570" of the U.S. department of the treasury.

[Comment: "Circular 570" is published in the "Federal Register" annually on the first day of July; interim changes in the circular are also published in the "Federal Register."]

(2) The wording of the surety bond shall be identical to the wording specified in paragraph (C) of rule 3745-27-17 of the Administrative Code on forms prescribed by the director.

(3) The owner or operator who uses a surety bond to satisfy the requirements of this rule shall also establish a standby trust fund. Under the terms of the surety bond, all payments made thereunder will be deposited by the surety directly into the standby trust fund in accordance with instructions from the director. This standby trust fund shall meet the requirements specified in paragraph (F) of this rule except that:

(a) An originally signed duplicate of the trust agreement shall be delivered to the director with the surety bond and placed in the operating record in accordance with rule 3745-27-09 of the Administrative Code, if applicable.

(b) Unless the standby trust fund is funded pursuant to the requirements of this rule, the following are not required:

(i) Payments into the trust fund as specified in paragraph (F) of this rule.

(ii) Revisions of Schedule A of the trust agreement to show current post-closure care cost estimate.

(iii) Annual valuations as required by the trust agreement.

(iv) Notices of nonpayment as required by the trust agreement.

(4) The bond shall guarantee that the surety shall become liable on the bond obligation unless the owner or operator does one of the following, as applicable:

(a) Performs post-closure care in accordance with the final closure/post-closure plan, and applicable rules, and other requirements of the permit or registration.

(b) Provides alternate financial assurance as specified in this rule, and obtains the director's written approval of the alternate financial assurance provided, not later than ninety days after both the owner or operator and the director receive notice of cancellation of the bond from the surety.

(5) Under the terms of the bond, the surety will become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond. Following a determination by the director that the owner or operator of the solid waste facility has failed to perform post-closure care activities in accordance with the final closure/post-closure plan, applicable rules, and permit requirements, the surety shall perform post-closure care in accordance with the final closure/post-plan and permit requirements, or applicable rules, or will deposit the amount of the penal sum into the standby trust fund.

(6) The penal sum of the bond shall be in an amount at least equal to the current post-closure care cost estimate.

(7) Whenever the current post-closure care cost estimate increases to an amount greater than the penal sum of the bond, the owner or operator shall, not later than sixty days after the increase in the estimate, either cause the penal sum of the bond to be increased to an amount at least equal to the current post-closure care cost estimate and submit evidence of such increase to the director, and into the operating record in accordance with rule 3745-27-09 of the Administrative Code, if applicable, or obtain alternate financial assurance, as specified in this rule, to compensate for the increase. Whenever the current post-closure care cost estimate decreases, the penal sum may be reduced to the amount of the current post-closure care cost estimate following written approval by the director. Notice of an increase or a proposed decrease in the penal sum shall be sent to the director by certified mail or any other form of mail accompanied by a receipt not later than sixty days after the change.

(8) Under the terms of the bond, the bond shall remain in force unless the surety sends written notice of cancellation by certified mail or any other form of mail accompanied by a receipt to the owner or operator and to the director. Cancellation cannot occur, however, during the one hundred twenty day period beginning on the first day that both the owner or operator and the director have received the notice of cancellation as evidenced by the return receipts.

(9) The owner or operator may cancel the bond if the director has given prior written consent. The director will provide such written consent to the surety bond company when one of the following occurs:

(a) The owner or operator substitutes alternate financial assurance for post-closure care as specified in this rule.

(b) The director notifies the owner or operator, in accordance with paragraph (O) of this rule that the owner or operator is no longer required by this rule to maintain financial assurance for post-closure care of the facility.

(10) The surety shall not be liable for deficiencies in the completion of post-closure care activities by the owner or operator after the owner or operator has been notified by the director, in accordance with this rule, that the owner or operator is no longer required to maintain financial assurance for post-closure care of the facility.

(I) Post-closure care letter of credit.

(1) The owner or operator may satisfy the requirements of this rule by obtaining an irrevocable standby letter of credit ("letter of credit") which conforms to the requirements of this paragraph and by having the originally signed letter of credit delivered to the director by certified mail or any other form of mail accompanied by a receipt within the time period outlined in paragraphs (A) and (B) of this rule and by submitting a copy of the letter of credit into the operating record of the facility in accordance with rule 3745-27-09 of the Administrative Code, if applicable. The issuing institution shall be an entity which has the authority to issue letters of credit and whose letter of credit operations are regulated and examined by a federal or state agency.

(2) The wording of the letter of credit shall be identical to the wording specified in paragraph (D) of rule 3745-27-17 of the Administrative Code on forms prescribed by the director.

(3) An owner or operator who uses a letter of credit to satisfy the requirements of this rule shall also establish a standby trust fund. Under the terms of the letter of credit, all amounts paid pursuant to a draft by the director shall be deposited promptly and directly by the issuing institution into the standby trust fund in accordance with instructions from the director. The standby trust fund shall meet the requirements of the trust fund specified in paragraph (F) of this rule, except that:

(a) An originally signed duplicate of the trust agreement shall be delivered to the director with the letter of credit, and a copy of the letter placed in the operating record in accordance with rule 3745-27-09 of the Administrative Code, if applicable.

(b) Unless the standby trust fund is funded pursuant to the requirements of this rule, the following are not required:

(i) Payments into the trust fund as specified in paragraph (F) of this rule.

(ii) Updating of Schedule A of the trust agreement to show current post-closure care cost estimate.

(iii) Annual valuations as required by the trust agreement.

(iv) Notices of nonpayment as required by the trust agreement.

(4) The letter of credit shall be accompanied by a letter from the owner or operator referring to the letter of credit by number, issuing institution, and date, and providing the following information: the names and addresses of the solid waste facility and the owner and the operator and the amount of funds assured for post-closure care of the facility by the letter of credit.

(5) The letter of credit shall be irrevocable and issued for a period of at least one year. The letter of credit shall provide that the expiration date will be automatically extended for a period of at least one year unless, at least one hundred twenty days prior to the current expiration date, the issuing institution notifies both the owner and operator and the director by certified mail or any other form of mail accompanied by a receipt of a decision not to extend the expiration date. Under the terms of the letter of credit, the one hundred twenty day period shall begin on the day when both the owner or operator and the director have received the notice, as evidenced by the return receipts.

(6) The letter of credit shall be issued in an amount at least equal to the current post-closure care cost estimate, except as provided in paragraph (M) of this rule.

(7) Whenever the current post-closure care cost estimate increases to an amount greater than the amount of the credit, the owner or operator shall, not later than sixty days after the increase, either cause the amount of the credit to be increased to an amount at least equal to the current post-closure care cost estimate and submit evidence of such increase to the director, and into the operating record in accordance with rule 3745-27-09 of the Administrative Code, if applicable, or obtain alternate financial assurance, as specified in this rule, to compensate for the increase. Whenever the current post-closure care cost estimate decreases, the letter of credit may be reduced to the amount of the current post-closure care cost estimate following written approval by the director. Notice of an increase or a proposed decrease in the amount of the letter of credit shall be sent to the director by certified mail or any other form of mail accompanied by a receipt not later than sixty days after the change.

(8) Under the terms of the letter of credit, the director may draw on the letter of credit following a determination that the owner or operator has failed to:

(a) Perform post-closure care activities in accordance with the final closure/post-closure care plan, permit requirements, and applicable rules.

(b) Provide alternate financial assurance as specified in this rule and obtain written approval of such alternate financial assurance from the director not later than ninety days after the owner and operator and the director have received notice from the issuing institution that it will not extend the letter of credit beyond the current expiration date, the director shall draw on the letter of credit. The director may delay the drawing if the issuing institution grants an extension of the term of the credit. During the final thirty days of any such extension the director shall draw on the letter of credit if the owner or operator has failed to provide alternate financial assurance as specified in this rule and has failed to obtain written approval of such alternate financial assurance from the director.

(9) The director shall return the original letter of credit to the issuing institution for termination when either of the following occur:

(a) The owner or operator substitutes alternate financial assurance for post-closure care as specified in this rule.

(b) The director notifies the owner or operator, in accordance with paragraph (O) of this rule that the owner or operator is no longer required to maintain financial assurance for post-closure care of the facility.

(J) Post-closure care insurance.

(1) The owner or operator may satisfy the requirements of this rule by obtaining post-closure care insurance which conforms to the requirements of this paragraph and by submitting an originally signed certificate of such insurance to the director by certified mail or any other form of mail accompanied by a receipt within the time period outlined in paragraphs (A) and (B) of this rule, and by submitting a copy of the certificate of insurance into the operating record of the facility in accordance with rule 3745-27-09 of the Administrative Code, if applicable. At a minimum, the insurer shall be licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more states.

(2) The wording of the certificate of insurance shall be identical to the wording specified in paragraph (E) of rule 3745-27-17 of the Administrative Code on forms prescribed by the director.

(3) The post-closure care insurance policy shall be issued for a face amount at least equal to the current post-closure care cost estimate except as provided in paragraph (M) of this rule. Face amount means the total amount the insurer is obligated to pay under the policy. Actual payments by the insurer will not change the face amount, although the insurer's future liability will be lowered by the amount of the payments.

(4) The post-closure care insurance policy shall guarantee that funds will be available to perform post-closure care whenever mandated. The policy shall also guarantee that once post-closure care begins, the insurer will be responsible for paying out funds, up to an amount equal to the face amount of the policy, upon the direction of the director, to such party or parties as the director specifies.

(5) Reimbursement for post-closure care.

After beginning post-closure care, the owner or operator, or any other person authorized by the owner, operator, or director to perform post-closure care, may request reimbursement for post-closure care expenditures by submitting itemized bills to the director. After receiving itemized bills for post-closure care activities, the director shall determine whether the post-closure care expenditures are in accordance with rules 3745-27-14 , 3745-29-14 , or 3745-30-10 of the Administrative Code, as applicable, and the final closure/post-closure plan, applicable rules, the permit, and/or are otherwise justified, and if so, shall instruct the insurer to make reimbursement in such amounts as the director specifies in writing. If the director has reason to believe that the cost of post-closure care will be greater than the face amount of the policy, he may withhold reimbursement of such amounts as he deems prudent until he determines, in accordance with paragraph (O) of this rule, that the owner or operator is no longer required to maintain financial assurance for post-closure care of the facility.

(6) The owner or operator shall maintain the policy in full force and effect until the director consents to termination of the policy by the owner or operator as specified in paragraph (J)(8) of this rule. Failure to pay the premium, without substitution of alternate financial assurance as specified in this rule, will constitute a violation of these rules, warranting such remedy as the director deems necessary. Such violation shall be deemed to begin upon receipt by the director of a notice of future cancellation, termination, or failure to renew due to nonpayment of the premium, rather than upon the date of expiration.

(7) Each policy shall contain a provision allowing assignment of the policy to a successor owner or operator. Such assignment may be conditional upon consent of the insurer, provided such consent is not unreasonably refused.

(8) The policy shall provide that the insurer may not cancel, terminate, or fail to renew the policy except for failure to pay the premium. The automatic renewal of the policy shall, at a minimum, provide the insured with the option of renewal at the face amount of the expiring policy. If there is a failure to pay the premium, the insurer may elect to cancel, terminate, or fail to renew the policy by sending notice by certified mail or any other form of mail accompanied by a receipt to the owner or operator and to the director. Cancellation, termination, or failure to renew may not occur, and the policy will remain in full force and effect unless on or before the date of expiration:

(a) Post-closure care activities required in the final closure/post-closure care plan, permit requirements, and applicable rules have occurred.

(b) Post-closure care of the facility is ordered by the director or a court of competent jurisdiction.

(c) The owner or operator is named as debtor in a voluntary or involuntary proceeding under title 11 (bankruptcy), U.S. Code.

(d) The premium due is paid.

(9) Whenever the current post-closure care cost estimate increases to an amount greater than the face amount of the policy, the owner or operator shall, not later than sixty days after the increase, either cause the face amount to be increased to an amount at least equal to the current post-closure care cost estimateand submit evidence of such increase to the director, and into the operating record in accordance with rule 3745-27-09 of the Administrative Code, if applicable, or obtain alternate financial assurance as specified in this rule to compensate for the increase. Whenever the current post-closure care cost estimate decreases, the face amount may be reduced to the amount of the current post-closure care cost estimate following written approval by the director.

(10) The director will give written consent to the owner or operator that owner or operator may terminate the insurance policy when either of the following occurs:

(a) The owner or operator substitutes alternate financial assurance for post-closure care as specified in this rule.

(b) The director notifies the owner or operator, in accordance with paragraph (O) of this rule that owner or operator is no longer required to maintain financial assurance for post-closure care of the facility.

(K) Financial test and corporate guarantee for post-closure care.

(1) The owner or operator may satisfy the requirements of this rule by demonstrating that the owner or operator passes a financial test as specified in this paragraph. To pass this test the owner or operator shall demonstrate that less than fifty per cent of the parent corporation's gross revenues are derived from solid waste disposal, solid waste transfer facility operations, or scrap tire transporter operations, or if there is no parent corporation, the owner or operator shall demonstrate that less than fifty per cent of its gross revenues are derived from solid waste facility, solid waste transfer facility, or scrap tire transporter operations and either:

(a) The owner or operator shall have the following:

(i) Satisfaction of at least two of the following ratios; a ratio of total liabilities to net worth less than 2.0 ; a ratio of the sum of net income plus depreciation, depletion, and amortization minus $10 million to total liabilities greater than 0.1 ; a ratio of current assets to current liabilities greater than 1.5.

(ii) Net working capital and tangible net worth each at least six times the sum of the current final closure and current post-closure care cost estimates, scrap tire transporter final closure cost estimates, any corrective measures cost estimates, and any other obligations assured by a financial test.

(iii) Tangible net worth of at least ten million dollars.

(iv) Assets in the United States amounting to at least ninety per cent of total assets or at least six times the sum of the current final closure and current post-closure care cost estimates, scrap tire transporter final closure cost estimates, any current corrective measures cost estimates, and any other obligations assured by a financial test.

(b) The owner or operator shall have:

(i) Issued a corporate bond for which the owner or operator, as the issuing entity, has not received a current rating of less than BBB as issued by "Standard and Poor's" or Baa as issued by "Moody's." Owners or operators using bonds that are secured by collateral or a guarantee must meet the minimum rating without that security.

(ii) Tangible net worth at least six times the sum of the current final closure and current post-closure care cost estimates, scrap tire transporter final closure cost estimates, any corrective measures cost estimates, and any other obligations assured by a financial test.

(iii) Tangible net worth of at least ten million dollars.

(iv) Assets in the United States amounting to at least ninety per cent of total assets or at least six times the sum of the current final closure and current post-closure care cost estimates, scrap tire transporter final closure cost estimates, any current corrective measures cost estimates, and any other obligations assured by a financial test.

(2) Current final closure and current post-closure care cost estimates, scrap tire transporter final closure cost estimates, current corrective measures cost estimates, and any other obligations assured by a financial test as used in paragraph (K)(1) of this rule refers to the cost estimates required to be shown in the letter from the owner's or operator's chief financial officer.

(3) To demonstrate that requirements of this test are met, the owner or operator shall submit the following items to the director, and into the operating record in accordance with rule 3745-27-09 of the Administrative Code, if applicable:

(a) A letter signed by the owner's or operator's chief financial officer and worded as specified in paragraph (F) of rule 3745-27-17 of the Administrative Code on forms prescribed by the director.

(b) A copy of a report by an independent certified public accountant examining the owner's or the operator's financial statements for the most recently completed fiscal year.

(c) A special report from the owner's or the operator's independent certified public accountant, in the form of an agreed-upon procedures report, to the owner or operator stating that:

(i) He has compared the data which the letter from the chief financial officer specifies as having been derived from the independently audited year-end financial statements for the most recent fiscal year with the amounts in such financial statements.

(ii) In connection with the agreed-upon procedures report, he states that he agrees the specified data is accurate.

(4) After the initial submission of the items specified in paragraph (K)(3) of this rule, the owner or operator shall send updated information to the director, and submit updated information into the operating record in accordance with rule 3745-27-09 of the Administrative Code, if applicable, not later than ninety days after the close of each succeeding fiscal year. This information shall include all three items specified in paragraph (K)(3) of this rule.

(5) If the owner or operator no longer meets the requirements of paragraph (K)(1) of this rule, notice shall be sent to the director of the intent to establish alternate financial assurance as specified in this rule. The notice must be sent by certified mail or any other form of mail accompanied by a receipt not later than ninety days after the end of the fiscal year for which the year-end financial data show that the owner or operator no longer meets the requirements. A copy of the notice shall also be placed in the operating record, if applicable. The owner or operator shall provide alternate financial assurance not later than one hundred twenty days after the end of such fiscal year.

(6) The director may, based on a reasonable belief that the owner or operator no longer meets the requirements of paragraph (K)(1) of this rule, require reports of financial condition at any time from the owner or operator in addition to those specified in paragraph (K)(3) of this rule. If the director finds, on the basis of such reports or other information, that the owner or operator no longer meets the requirements of paragraph (K)(1) of this rule, the owner or operator shall provide alternate financial assurance as specified in this rule not later than thirty days after notification of such a finding.

(7) The director may disallow use of this test on the basis of qualifications in the opinion expressed by the independent certified public accountant in his/her report on examination of the owner's or operator's financial statements. An adverse opinion or disclaimer of opinion will be cause for disallowance. The director shall evaluate other qualifications on an individual basis. The owner or operator shall provide alternate financial assurance as specified in this rule not later than thirty days after notification of the disallowance.

(8) The owner or operator is no longer required to submit the items specified in paragraph (K)(3) of this rule when either of the following occur:

(a) The owner or operator substitutes alternate financial assurance for post-closure care as specified in this rule.

(b) The director notifies the owner or operator, in accordance with paragraph (O) of this rule that the owner or operator is no longer required to maintain financial assurance for post-closure care of the facility.

(9) The owner or operator may meet the requirements of this rule by obtaining a written guarantee, hereafter referred to as a corporate guarantee. The guarantor shall be the parent corporation of the owner or operator. The guarantor shall meet the requirements for an owner or operator in paragraphs (K)(1) to (K)(7) of this rule and shall comply with the terms of the corporate guarantee. The wording of the corporate guarantee shall be identical to the wording specified in paragraph (G) of rule 3745-27-17 of the Administrative Code on forms prescribed by the director. The corporate guarantee shall accompany the items sent to the director as specified in paragraph (K)(3) of this rule. The terms of the corporate guarantee shall provide that:

(a) The owner or operator shall perform post-closure care of a facility provided for by the corporate guarantee in accordance with the final closure/post-closure care plan, permit requirements, and applicable rules.

(b) The guarantor shall perform the activities in paragraph (K)(9)(a) of this rule or shall establish a trust fund in the name of the owner or operator as specified in paragraph (F) of this rule if the owner or operator fails to perform those activities.

(c) The corporate guarantee shall remain in force unless the guarantor sends notice of cancellation by certified mail or any other form of mail accompanied by a receipt to the owner or operator and to the director. Cancellation may not occur, however, during the one hundred twenty day period beginning on the first day that both the owner or operator and the director have received notice of cancellation, as evidenced by the return receipts.

(d) If the owner or operator fails to provide alternate financial assurance as specified in this rule, and fails to obtain the written approval of such alternate financial assurance from the director not later than ninety days after both the owner or operator and the director have received notice of cancellation of the corporate guarantee from the guarantor, the guarantor shall provide such alternate financial assurance in the name of the owner or operator.

(L) Local government financial test for post-closure care.

(1) For the purposes of this rule, local government means a subdivision of the state of Ohio including, but not limited to, a municipal corporation, a county, a township, a single or joint county solid waste management district, or a solid waste management authority.

(2) A local government may satisfy the requirements of this rule by demonstrating that the local government passes a financial test as specified in this paragraph. This test consists of a financial component, a public notice component, and a record-keeping and reporting component. In order to satisfy the financial component of the test, a local government must meet the following criteria:

(a) A local government's financial statements shall be prepared in accordance with "Generally Accepted Accounting Principles" for local governments.

(b) A local government must not have operated at a deficit equal to five per cent or more of total annual revenue in either of the past two fiscal years.

(c) A local government must not currently be in default on any outstanding general obligation bonds.

(d) A local government must not have any outstanding general obligation bonds rated lower than BBB as issued by "Standard and Poor's" or Baa as issued by "Moody's." Local governments using bonds that are secured by collateral or a guarantee must meet the minimum rating without that security.

(3) In addition, to satisfy the financial component of the test, a local government must meet either of the following criteria:

(a) The local government must have the following:

(i) A ratio of cash plus marketable securities to total expenditures greater than or equal to 0.05.

(ii) A ratio of annual debt service to total expenditures less than or equal to 0.20.

(iii) A ratio of long term debt issued and outstanding to capital expenditures less than or equal to 2.00.

(iv) A ratio of the current cost estimates for final closure, post-closure care, corrective measures, scrap tire transporter final closure, and any other obligations assured by a financial test, to total revenue less than or equal to 0.43.

(b) The local government shall have:

(i) Outstanding general obligation bonds for which the local government, as the issuing entity, has not received a current rating of less than BBB as issued by "Standard and Poor's" or Baa as issued by "Moody's." Local governments using bonds that are secured by collateral or a guarantee must meet the minimum rating without that security.

(ii) A ratio of the current cost estimates for final closure, post-closure care, corrective measures, scrap tire transporter final closure, and any other obligations assured by a financial test, to total revenue less than or equal to 0.43.

(4) In order to satisfy the public notice component of the test, a local government must in each year that the test is used, identify the current cost estimates in either its budget or its comprehensive annual financial report. The facility covered, the categories of expenditures, including final closure, post-closure care, corrective measures, scrap tire transporter final closure, the corresponding cost estimate for each expenditure, and the anticipated year of the required activity must be recorded. If the financial assurance obligation is to be included in the budget, it should either be listed as an approved budgeted line item, if the obligation will arise during the budget period, or in an appropriate supplementary data section, if the obligation will not arise during the budget period. If the information is to be included in the comprehensive annual financial report, it is to be included in the financial section as a footnote to the annual financial statements.

(5) To demonstrate that a local government meets the requirements of this test, the following three items must be submitted to the director, and into the operating record in accordance with rule 3745-27-09 of the Administrative Code, if applicable:

(a) A letter signed by the local government's chief financial officer and worded as specified in paragraph (H) of rule 3745-27-17 of the Administrative Code on forms prescribed by the director that:

(i) Lists all the current cost estimates covered by a financial test.

(ii) Certifies that the local government meets the conditions of (L)(1) of this rule.

(iii) Provides evidence and certifies that the local government meets the conditions of either paragraph (L)(2)(a) or (L)(2)(b) of this rule.

(b) A copy of the local government's independently audited year-end financial statements for the latest fiscal year, including the unqualified opinion of the auditor. The auditor must be an independent, certified public accountant or auditor of state.

(c) A special report from the independent certified public accountant or auditor of state, in the form of an agreed-upon procedures report, to the local government stating that:

(i) The certified public accountant or auditor of state has compared the data which the letter from the chief financial officer specifies as having been derived from the independently audited year-end financial statements for the most recent fiscal year with the amounts in such financial statements.

(ii) In connection with the agreed-upon procedures report, he states that he agrees the specified data is accurate.

(6) After the initial submission of the items specified in this rule, a local government shall send updated information to the director on forms prescribed by the director, and submit updated information into the operating record in accordance with rule 3745-27-09 of the Administrative Code, if applicable, not later than one hundred eighty days after the close of each succeeding fiscal year. This information shall include all items specified in this rule.

(7) If a local government no longer meets the requirements of this rule, notice shall be sent to the director of the intent to establish alternate financial assurance as specified in this rule. The notice must be sent by certified mail or any other form of mail accompanied by a receipt not later than one hundred fifty days after the end of the fiscal year for which the year-end financial data show that the local government no longer meets the requirements. A copy of the notice shall also be placed in the operating record, if applicable. The local government shall provide alternate financial assurance not later than one hundred eighty days after the end of such fiscal year.

(8) The director may, based on a reasonable belief that the local government no longer meets the requirements of this rule, require reports of financial condition at any time from the local government in addition to those specified in this rule. If the director finds, on the basis of such reports or other information, that the local government no longer meets the requirements of this rule, the local government shall provide alternate financial assurance as specified in this rule not later than thirty days after notification of such a finding.

(9) The director may disallow use of this test on the basis of qualifications in the opinion expressed by the independent certified public accountant or auditor of state in his/her report on examination of the local government's financial statements. An adverse opinion or disclaimer of opinion will be cause for disallowance. The director shall evaluate other qualifications on an individual basis. The local government shall provide alternate financial assurance as specified in this rule not later than thirty days after notification of the disallowance.

(10) The local government is no longer required to submit the items specified in this rule when one of the following occur:

(a) The local government substitutes alternate financial assurance for post-closure care as specified in this rule.

(b) The director notifies the local government, in accordance with paragraph (O) of this rule, that the local government is no longer required to maintain financial assurance for post-closure care of the facility.

(M) Use of multiple financial assurance mechanisms.

The owner or operator may satisfy the requirements of this rule by establishing more than one financial assurance mechanism for each facility. These mechanisms are limited to a trust fund, surety bond guaranteeing payment into a post-closure care trust fund, letter of credit, insurance, and the local government financial test. The mechanisms shall be as specified in paragraphs (F), (G), (I), (J), and (L) respectively of this rule, except that it is the combination of mechanisms, rather than each single mechanism, which shall provide financial assurance for an amount at least equal to the current post-closure care cost estimate. If an owner or operator uses a trust fund in combination with a surety bond or a letter of credit, the owner or operator may use the trust fund as the standby trust fund for the other mechanisms. A single standby trust fund may be established for two or more mechanisms. The director may invoke use of any or all of the mechanisms, in accordance with paragraphs (F), (G), (I), (J), and (L) of this rule, to provide for post-closure care of the facility.

(N) Use of a financial assurance mechanism for multiple facilities.

The owner or operator may use a financial assurance mechanism specified in this rule to meet the requirements of this rule for more than one facility. Evidence of financial assurance submitted to the director shall include a list showing, for each facility, the name, address, and the amount of funds for post-closure care assured by the financial assurance mechanism. The amount of funds available through the financial assurance mechanism shall be no less than the sum of the funds that would be available if a separate financial assurance mechanism had been established and maintained for each facility.

(O) Release of the owner or operator of a solid waste facility from the requirements of this rule.

The director shall notify the owner or operator in writing that he is no longer required, by this rule, to maintain financial assurance for post-closure care of a particular facility, unless the director has reason to believe that post-closure care has not been completed in accordance with the requirements of rules 3745-27-14 , 3745-29-14 , or 3745-30-10 of the Administrative Code and/or the final closure/post-closure plan after receiving certifications from the owner or operator and an independent professional(s) skilled in the appropriate discipline(s) that post-closure care has been completed in accordance with the final closure/post-closure care plan, permit requirements, and applicable rules.

[Comment: The notice releases the owner or operator only from the requirements for financial assurance for post-closure care of the facility; it does not release him from legal responsibility for meeting the final closure standards or corrective measures, if applicable.]

R.C. 119.032 review dates: 11/01/2007 and 11/01/2012

Promulgated Under: 119.03

Statutory Authority: 3734.02

Rule Amplifies: 3734.02 , 3734.12 , 3734.72 , 3734.74

Prior Effective Dates: 03/01/1990, 06/01/1992, 06/01/1994, 03/01/1996, 05/15/1997, 09/01/2002

3745-27-17 Wording of financial assurance instruments.

(A)

(1) A trust agreement for a trust fund as specified in paragraph (F) of rules 3745-27-15 , 3745-27-16 , or paragraph (G) of rule 3745-27-18 of the Administrative Code, must be worded as follows on forms prescribed by the director, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:

"Trust agreement"

Trust agreement. The "agreement," entered into as of [date] by and between [name of the owner or operator], a [state] [corporation, partnership, association, proprietorship], the "grantor," and [name of corporate trustee], ["incorporated in the state of __________ " or "a national bank"], the "trustee."

Whereas, the Ohio Environmental Protection Agency, ("Ohio EPA"), has established certain rules applicable to the grantor, requiring that the owner or operator of a solid waste facility or a scrap tire transporter provide assurance that funds will be available when needed for final closure, post-closure care, or, corrective measures at the facility, or for scrap tire transporter final closure.

Whereas, the grantor has elected to establish a trust to provide all or part of such financial assurance for the facilities identified herein.

Whereas, the grantor, acting through its duly authorized officers, has selected the trustee to be the trustee under this agreement, and the trustee is willing to act as trustee,

Now, therefore, the grantor and the trustee agree as follows:

Section 1. Definitions. As used in this agreement:

(a) The term "grantor" means the owner or operator who enters into this agreement and any successors or assigns of the grantor.

(b) The term "trustee" means the trustee who enters into this agreement and any successor trustee.

(c) The term "director" means the director of the Ohio EPA or his designee.

Section 2. Identification of facilities and cost estimates. This agreement pertains to a solid waste facility or a scrap tire transporter and cost estimates identified on attached schedule A [on schedule A, for each facility and scrap tire transporter list the name, address, and the current final closure, post-closure care, scrap tire transporter final closure, or corrective measures cost estimates, or portions thereof, for which financial assurance is demonstrated by this agreement].

Section 3. Establishment of fund. The grantor and the trustee hereby establish a trust fund, the "fund," for the benefit of the Ohio EPA. The grantor and the trustee intend that no third party have access to the fund except as herein provided. The fund is established initially as consisting of the property, which is acceptable to the trustee, described in schedule B attached hereto. Such property and any other property subsequently transferred to the trustee is referred to as the fund, together with all earnings and profits thereon, less any payments or distributions made by the trustee pursuant to this agreement. The fund will be held by the trustee, in trust, as hereinafter provided. The trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the grantor, any payments necessary to discharge any liabilities of the grantor established by the Ohio EPA.

Section 4. Payment for final closure and post-closure care, scrap tire transporter final closure, and corrective measures. The trustee will make such payments from the fund as the director will direct, in writing, to provide for the payment of the costs of final closure, post-closure care, or corrective measures at the facility or scrap tire transporter final closure covered by this agreement. The trustee will reimburse the grantor or other persons as specified by the director from the fund for final closure, post-closure care, scrap tire transporter final closure, or corrective measures expenditures in such amounts as the director will direct, in writing. In addition, the trustee will refund to the grantor such amounts as the director specifies in writing. Upon refund, such funds will no longer constitute part of the fund as defined herein.

Section 5. Payments comprising the fund. Payments made to the trustee for the fund will consist of cash or securities acceptable to the trustee.

Section 6. Trustee management. The trustee will invest and reinvest the principal and income of the fund and keep the fund invested as a single fund, without distinction between principal and income, in accordance with general investment policies and guidelines which the grantor may communicate in writing to the trustee periodically, subject, however, to the provisions of this section. In investing, reinvesting, exchanging, selling, and managing the fund, the trustee will discharge his duties with respect to the trust fund solely in the interest of the beneficiary and with the care, skill, prudence, and diligence under the circumstances then prevailing which persons of prudence, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of a like character and with like aims; except that:

(a) Securities or other obligations of the grantor, or any other owner or operator of the facilities or scrap tire transporter, or any of their affiliates as defined in the Investment Company Act of 1940, as amended, 15 U.S.C. section 80a - 2(a) , will not be acquired or held, unless they are securities or other obligations of the federal or a state government;

(b) The trustee is authorized to invest the fund in time or demand deposits of the trustee, to the extent insured by an agency of the federal or state government;

(c) The trustee is authorized to hold cash awaiting investment or distribution uninvested for a reasonable time and without liability for the payment of interest thereon.

Section 7. Commingling and investment. The trustee is expressly authorized in its discretion:

(a) To transfer periodically any or all of the assets of the fund to any common, commingled, or collective trust fund created by the trustee in which the fund is eligible to participate, subject to all of the provisions thereof, to be commingled with the assets of other trusts participating therein;

(b) To purchase shares in any investment company registered under the Investment Company Act of 1940, 15 U.S.C. sections 80a-1 et seq., including one which may be created, managed, underwritten, or to which investment advice is rendered or the shares of which are sold by the trustee. The trustee may vote such shares in its discretion.

Section 8. Express powers of trustee. Without in any way limiting the powers and discretion conferred upon the trustee by the other provisions of this agreement or by law, the trustee is expressly authorized and empowered:

(a) To sell, exchange, convey, transfer, or otherwise dispose of any property held by it, by public or private sale. No person dealing with the trustee will be bound to see to the application of the purchase money or to inquire into the validity or expediency of any such sale or other disposition;

(b) To make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted;

(c) To register any securities held in the fund in its own name or in the name of a nominee and to hold any security in bearer form or in book entry, or to combine certificates representing such securities with certificates of the same issue held by the trustee in other fiduciary capacities, or to deposit or arrange for the deposit of such securities in a qualified central depository even though, when so deposited, such securities may be merged and held in bulk in the name of the nominee of such depository with other securities deposited therein by another person, or to deposit or arrange for the deposit of any securities issued by the United States government, or any agency or instrumentality thereof, with a Federal Reserve Bank, but the books and records of the trustee will at all times show that all such securities are part of the fund;

(d) To deposit any cash in the fund in interest-bearing accounts maintained or savings certificates issued by the trustee, in its separate corporate capacity, or in any other banking institution affiliated with the trustee, to the extent insured by an agency of the federal or state government;

(e) To compromise or otherwise adjust all claims in favor of or against the fund.

Section 9. Taxes and expenses. All taxes of any kind that may be assessed or levied against or in respect of the fund and all brokerage commissions incurred by the fund will be paid from the fund. All other expenses, proper charges, and disbursements, incurred by the trustee in connection with the administration of this trust, including fees for legal services rendered to the trustee, the compensation of the trustee to the extent not paid directly by the grantor, and all other proper charges and disbursements of the trustee will be paid from the fund. Expenses, proper charges, and disbursements include fees for legal services, rendered to the trustee and the compensation of the trustee to the extent the grantor fails to compensate the trustee pursuant to section 12.

Section 10. Annual valuation. The trustee will annually, not later than thirty days prior to the anniversary date of the establishment of the fund, furnish to the grantor and to the director a statement confirming the value of the trust. Any securities in the fund will be valued at market value as of no more than sixty days prior to the anniversary date of establishment of the fund. The failure of the grantor to object in writing to the trustee not later than ninety days after the statement has been furnished to the grantor and the director will constitute a conclusively binding assent by the grantor, barring the grantor from asserting any claim or liability against the trustee with respect to matters disclosed in the statement.

Section 11. Advice of counsel. The trustee may periodically consult with counsel, who may be counsel to the grantor, with respect to any question arising as to the construction of this agreement or any action to be taken hereunder. The trustee will be fully protected, to the extent permitted by law, in acting upon the advice of counsel.

Section 12. Trustee compensation. The trustee will be entitled to reasonable compensation from the grantor for the trustee's services as agreed upon in writing periodically with the grantor.

Section 13. Successor trustee. The trustee may resign or the grantor may replace the trustee, but such resignation or replacement shall not be effective until the grantor has appointed a successor trustee and this successor accepts the appointment. The successor trustee will have the same powers and duties as those conferred upon the trustee hereunder. Upon the successor trustee's acceptance of the appointment, the trustee will assign, transfer, and pay over to the successor trustee the funds and properties then constituting the fund. If for any reason the grantor cannot or does not act in the event of the resignation of the trustee, the trustee may apply to a court of competent jurisdiction for the appointment of a successor trustee or for instructions. The successor trustee shall specify the date on which it assumes administration of the trust in a writing sent to the grantor, the director, and the present trustee by certified mail not later than ten days before such change becomes effective. Any expenses incurred by the trustee as a result of any of the acts contemplated by this section will be paid as provided in section 9.

Section 14. Instructions to the trustee. All orders, requests, and instructions by the grantor to the trustee will be in writing, signed by such persons as are designated in the attached Exhibit A or such other designees as the grantor may designate by amendment to Exhibit A. The trustee will be fully protected in acting without inquiry in accordance with the grantor's orders, requests, and instructions. All orders, requests, and instructions by the director to the trustee will be in writing, signed by the director, and the trustee will act and will be fully protected in acting in accordance with such orders, requests, and instructions. The trustee will have the right to assume, in the absence of written notice to the contrary, that no event constituting a change or a termination of the authority of any person to act on behalf of the grantor or the director hereunder has occurred. The trustee will have no duty to act in the absence of such orders, requests, and instructions from the grantor or the director except as provided for herein.

Section 15. Notice of nonpayment. The trustee will notify the grantor and the director by certified mail not later than ten days after the expiration of the thirty-day period following the anniversary of the establishment of the trust, if no payment is received from the grantor during the period. After the pay-in period is completed, the trustee is not required to send a notice of nonpayment.

Section 16. Amendment of agreement. This agreement may be amended by an instrument in writing executed by the grantor, the trustee, and the director, or by the trustee and the director if the grantor ceases to exist.

Section 17. Irrevocability and termination. Subject to the right of the parties to amend this agreement as provided in section 16, this trust will be irrevocable and will continue until termination at the written agreement of the grantor, the trustee, and the director, or by the trustee and the director if the grantor ceases to exist. Upon termination of the trust, all remaining trust property, less final trust administration expenses, will be delivered to the grantor, unless the trust is a standby trust fund created in accordance with paragraph (G), (H), or (I) of rule 3745-27-15 , 3745-27-16 , or paragraph (H), (I), or (J) of 3745-27-18 of the Administrative Code, in which case all remaining trust property, less final trust administration expenses, will be delivered to the provider of the financial assurance.

Section 18. Immunity and indemnification. The trustee will not incur personal liability of any nature in connection with any act or omission, made in good faith, in the administration of this trust, or in carrying out any directions by the grantor or the director issued in accordance with this agreement. The trustee will be indemnified and saved harmless by the grantor or from the trust fund, or both, from and against any personal liability to which the trustee may be subjected by reason of any act or conduct in its official capacity, including all expenses reasonably incurred in its defense in the event the grantor fails to provide such defense.

Section 19. Choice of law. This agreement will be administered, construed, and enforced according to the laws of the state of Ohio.

Section 20. Interpretation. As used in this agreement, words in the singular include the plural and words in the plural include the singular. The descriptive headings for each section of this agreement will not affect the interpretation or the legal efficacy of this agreement.

In witness whereof the parties have caused this agreement to be executed by their respective officers duly authorized and their corporate seals to be hereunto affixed and attested as of the date first above written: the parties below certify that the wording of this agreement is identical to the wording specified in paragraph (A)(1) of rule 3745-27-17 of the Administrative Code as such rule was constituted on the date first above written.

[Signature of grantor]

[Title]

Attest:

[Title]

[Seal]

[Signature of trustee]

Attest:

[Title]

[Seal]"

(2) The following is an example of the certification of acknowledgment, which must accompany the trust agreement for a trust fund as specified in paragraph (F) of rules 3745-27-15 , 3745-27-16 , or in paragraph (G) of rule 3745-27-18 of the Administrative Code:

"State of _______________

County of ________________

On this [date], before me personally came [owner or operator] to me known, who, being by me duly sworn, did depose and say that she/he resides at [address], that she/he is [title] of [corporation], and the corporation described in and which executed the above instrument; that she/he knows the seal of said corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that she/he signed her/his name thereto by like order.

[Signature of notary public]"

[Comment: As required in paragraph (F)(2) of rules 3745-27-15 , 3745-27-16 , or paragraph (G)(2) of rule 3745-27-18 of the Administrative Code, the trust agreement must be accompanied by a formal certification of acknowledgment. The previous paragraph is only an example.]

(B) A surety bond guaranteeing payment into a trust fund, as specified in paragraph (G) of rules 3745-27-15 , 3745-27-16 , or in paragraph (H) of rule 3745-27-18 of the Administrative Code, must be worded as follows on forms prescribed by the director, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:

"Financial guarantee bond

Date bond executed: ______________

Effective date: ______________

Principal: [legal name and business address of owner or operator]

Type of organization: [insert "individual," "joint venture," "partnership," or "corporation"]

State of incorporation: ______________

Surety(ies): [name(s) and business address(es)]

Name, address, and final closure, post-closure care, scrap tire transporter final closure, or corrective measures amount(s) for each facility or scrap tire transporter guaranteed by this bond [indicate final closure, post-closure care, scrap tire transporter final closure, or corrective measures amounts separately]:

$ ______________

Total penal sum of bond: $ ______________

Surety's bond number: ______________

Know all persons by these presents, that we, the principal and surety(ies) hereto are firmly bound to the Ohio Environmental Protection Agency ("Ohio EPA"), in the above penal sum for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally; provided that, where the surety(ies) are corporations acting as co-sureties, we, the sureties, bind ourselves in such sum "jointly and severally" only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each surety binds itself, jointly and severally with the principal, for the payment of such sum only as is set forth opposite the name of such surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum.

Whereas, said principal is required to have an Ohio EPA permit(s) or registration, in order to operate each solid waste facility identified above, or a scrap tire transporter registration;

Whereas, said principal is required to provide financial assurance for final closure, or final closure and post-closure care, or post-closure care, or corrective measures of the facility or scrap tire transporter final closure as a condition of Chapter 3734. of the Revised Code;

Whereas said principal shall establish a standby trust fund in accordance with rule 3745-27-15 , 3745-27-16 , or 3745-27-18 of the Administrative Code,

Now, therefore, for solid waste facility, the conditions of the obligation are such that if the principal shall faithfully, before the beginning of final closure, post-closure care or corrective measures, of each facility identified above, fund the standby trust fund in the amount identified above for the facility,

Now, therefore, for a scrap tire transporter, the conditions of the obligation are such that if the principal shall faithfully, before the registration certificate expires, fund the standby trust fund in the amount identified above for the scrap tire transporter,

Or, if the principal shall fund the standby trust fund in such an amount not later than fifteen days after an order to begin final closure is issued by the director, or an Ohio court, or a U.S. district court, or other court of competent jurisdiction, or not later than fifteen days after a notice of revocation of the solid waste facility license or the denial, suspension, or revocation of the registration certificate,

Or, if the principal shall provide alternate financial assurance in accordance with rule 3745-27-15 , 3745-27-16 , or 3745-27-18 of the Administrative Code, as applicable, and obtain the director's written approval of such alternate financial assurance, not later than ninety days after the first day that notice of cancellation has been received by both the principal and the director from the surety(ies), then this obligation will be null and void; otherwise it is to remain in full force and effect.

The surety(ies) shall become liable on this bond obligation only when the principal has failed to fulfill the conditions described above. Upon notification by the director that the principal has failed to perform as guaranteed by this bond, the surety(ies) shall place funds in the amount guaranteed for the facility or scrap tire transporter into the standby trust fund as directed by the director.

The liability of the surety(ies) shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall amount in the aggregate to the penal sum of the bond, but in no event shall the obligation of the surety(ies) hereunder exceed the amount of said penal sum.

The surety(ies) may cancel the bond by sending notice of cancellation by certified mail or any other form of mail accompanied by a receipt to the principal and to the director, provided, however, that cancellation shall not occur during the one hundred twenty day period beginning on the first day of receipt of the notice of cancellation by both the principal and the director, as evidenced by the return receipt(s).

The principal may terminate this bond by sending written notice to the surety(ies), provided, however, that no such notice shall become effective until the surety(ies) receive(s) written authorization for termination of the bond by the director.

[The following paragraph is an optional rider that may be included but is not required.]

Principal and surety(ies) hereby agree to adjust the penal sum of the bond annually so that it guarantees a new final closure, post-closure care, scrap tire transporter final closure, or corrective measures amount, provided that the penal sum does not increase by more than twenty per cent in any one year, and no decrease in the penal sum takes place without the written permission of the director.

In witness whereof, the principal and surety(ies) have executed this financial guarantee bond and have affixed their seals on the date set forth above.

The persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on behalf of the principal and surety(ies) and that the wording of this surety bond is identical to the wording specified in paragraph (B) of rule 3745-27-17 of the Administrative Code as such rule was constituted on the date this bond was executed.

Principal

Signature(s): ______________

Name(s) and title(s) [typed]: ___________

Corporate seal:

Corporate surety(ies)

Name and address: ______________

State of incorporation: ______________

Liability limit: $ ______________

Signature(s): ______________

Name(s) and title(s) [typed]: _________

Corporate seal:

[For every co-surety, provide signature(s), corporate seal, and other information in the same manner as for surety above.]

Bond premium: $ ______________ "

(C) A surety bond guaranteeing performance of final closure, post-closure care, scrap tire transporter final closure, or corrective measures, as specified in paragraph (H) of rules 3745-27-15 , 3745-27-16 , or paragraph (I) of rule 3745-27-18 of the Administrative Code, must be worded as follows on forms prescribed by the director, except that instructions in brackets are to be replaced by the relevant information and the brackets deleted:

"Performance bond

Date bond executed: ______________

Effective date: ______________

Principal: [legal name and business address of owner or operator]

Type of organization: [insert "individual," "joint venture," "partnership," or "corporation"]

State of incorporation: ______________

Surety(ies): [name(s) and business address(es)]

Name, address, and final closure, post-closure care, scrap tire transporter final closure, or corrective measures amount for each facility or scrap tire transporter guaranteed by this bond [indicate final closure, post-closure care, scrap tire transporter final closure, and corrective measures amounts separately]: $ ______________

Total penal sum of bond: $ ______________

Surety's bond number: ______________

Know all persons by these presents, that we, the principal and surety(ies) hereto are firmly bound to the Ohio Environmental Protection Agency ("Ohio EPA"), in the above penal sum for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally; provided that, where the surety(ies) are corporations acting as co-sureties, we, the sureties, bind ourselves in such sum "jointly and severally" only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each surety binds itself, jointly and severally with the principal, for the payment of such sum only as is set forth opposite the name of such surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum.

Whereas, said principal is required to have an Ohio EPA permit(s) or registration in order to operate each solid waste facility or scrap tire transporter identified above, and

Whereas said principal is required to provide financial assurance for final closure, or final closure and post-closure care, or post-closure care, or corrective measures as a condition of the permit(s) or registration(s), and

Whereas said principal shall establish a standby trust fund as is required when a surety bond is used to provide such financial assurance;

Now, therefore, for a solid waste facility, the conditions of this obligation are such that if the principal shall faithfully perform final closure whenever required to do so, of each facility for which this bond guarantees final closure, in accordance with the final closure or post-closure care plan, and other requirements of the permit as such plan and permit may be amended, pursuant to all applicable laws, statutes, rules, and regulations, as such laws, statutes, rules, and regulations may be amended.

And, for a solid waste facility, if the principal shall faithfully perform post-closure care of each facility for which this bond guarantees post-closure care, in accordance with the final closure or post-closure care plan and other requirements of the permit, as such plan and permit may be amended, pursuant to all applicable laws, statutes, rules, and regulations, as such laws, statutes, rules, and regulations may be amended.

And, for a solid waste facility, if the principal shall faithfully perform corrective measures at each facility for which this bond guarantees corrective measures in accordance with the corrective measures plan and other requirements of the permit, as such plan and permit may be amended, pursuant to all applicable laws, statutes, rules, and regulations, as such laws, statutes, rules, and regulations may be amended.

Now, for a scrap tire transporter, if the principal shall faithfully perform the activities specified in paragraph (H)(4)(b) of rule 3745-27-15 of the Administrative Code for which this bond guarantees, pursuant to all applicable laws, statutes, rules, and regulations, as such laws, statutes, rules, and regulations may be amended.

Or, if the principal shall provide alternate financial assurance as specified in rules 3745-27-15 , 3745-27-16 , or 3745-27-18 of the Administrative Code and obtain the director's written approval of such alternate financial assurance not later than ninety days after the date notice of cancellation is received by both the principal and the director from surety(ies), then this obligation will be null and void, otherwise it is to remain in full force and effect.

The surety(ies) shall become liable on this bond obligation only when the principal has failed to fulfill the conditions described above.

[The following paragraph is only required for those solid waste facilities required to conduct final closure activities and should not be included in surety bonds for scrap tire transporters.]

Upon notification by the director that the principal has been found in violation of the final closure requirements of [Insert "rule 3745-27-11 of the Administrative Code," if the facility is a municipal solid waste landfill facility or scrap tire monocell facility, "rule 3745-29-11 of the Administrative Code," if the facility is an industrial solid waste landfill facility, "rule 3745-30-09 of the Administrative Code," if the facility is a residual solid waste landfill facility, "rule 3745-27-23 of the Administrative Code," if the facility is a solid waste transfer facility, " Chapter 3745-560 of the Administrative Code," if the facility is a composting facility, "rule 3745-27-53 of the Administrative Code," if the facility is a solid waste incinerator, "rule 3745-27-66 of the Administrative Code," if the facility is a scrap tire storage or recovery facility, or "rule 3745-27-73 of the Administrative Code," if the facility is a scrap tire monofill], for a facility for which this bond guarantees performance of final closure, the surety(ies) shall either perform final closure in accordance with the final closure or post-closure care plan and other permit or registration requirements or place the final closure amount guaranteed for the facility into the standby trust fund as directed by the director.

[The following paragraph is only required for sanitary landfill facilities, because only they are required to conduct post-closure care activities.]

Upon notification by the director that the principal has been found in violation of the post-closure care requirements of rule 3745-27-14 , 3745-29-14 , 3745-30-10 , or 3745-27-74 of the Administrative Code, whichever is applicable, for a facility for which this bond guarantees performance of post-closure care, the surety(ies) shall either perform post-closure care in accordance with the final closure or post-closure care plan and other permit requirements or place the post-closure care amount guaranteed for the facility into the standby trust fund as directed by the director.

[The following paragraph is only required for municipal solid waste landfill facilities, because only they are required to conduct corrective measures activities.]

Upon notification by the director that the principal has been found in violation of the corrective measures requirements of rule 3745-27-10 of the Administrative Code, for a facility for which this bond guarantees performance of corrective measures, the surety(ies) shall either perform the corrective measures in accordance with the corrective measures plan and other permit requirements or place the corrective measures amount guaranteed for the facility into the standby trust fund as directed by the director.

[The following paragraph is only required for scrap tire transporters.]

Upon notification by the director that the principal has failed to remove accumulations of scrap tires, delivered by the scrap tire transporter to a location not authorized to receive scrap tires by paragraph (C)(1) of rule 3745-27-56 of the Administrative Code, or failed to remove and properly dispose of any scrap tires which have been open dumped by the scrap tire transporter, or has been found to be in violation of rule 3745-27-79 of the Administrative Code, the surety(ies) shall either perform the required activities in accordance with applicable rules or place the amount guaranteed for the scrap tire transporter into the standby trust fund as directed by the director.

Upon notification by the director that the principal has failed to provide alternate financial assurance as specified in rule 3745-27-15 , 3745-27-16 , or 3745-27-18 of the Administrative Code and obtain written approval of such alternate financial assurance from the director not later than ninety days after receipt by both the principal and the director of a notice of cancellation of the bond, the surety(ies) shall place funds in the amount guaranteed for the facility or scrap tire transporter into the standby trust fund as directed by the director.

The surety(ies) hereby waive(s) notification of amendments to the final closure or post-closure care plans, permits, applicable laws, statutes, rules, and regulations and agrees that no such amendment shall in any way alleviate its (their) obligation on this bond.

The liability of the surety(ies) shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall amount in the aggregate to the penal sum of the bond, but in no event shall the obligation of the surety(ies) hereunder exceed the amount of said penal sum.

The surety(ies) may cancel the bond by sending notice of cancellation by certified mail or any other form of mail accompanied by a receipt to the owner or operator and to the director, provided, however, that cancellation cannot occur during the one hundred twenty day period beginning on the first day of receipt of the notice of cancellation by both the principal and the director, as evidenced by the return receipts.

The principal may terminate this bond by sending written notice to the surety(ies), provided, however, that no such notice shall become effective until the surety(ies) receive(s) written approval for termination of the bond by the director.

[The following paragraph is an optional rider that may be included but is not required.]

Principal and surety(ies) hereby agree to adjust the penal sum of the bond annually so that it guarantees a new final closure, post-closure care, scrap tire transporter final closure, or corrective measures amount, provided that the penal sum does not increase by more than twenty per cent in any one year, and no decrease in the penal sum occurs without the written approval of the director.

In witness whereof, the principal and surety(ies) have executed this performance bond and have affixed their seals on the date set forth above.

The persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on behalf of the principal and surety(ies) and that the wording of this surety bond is identical to the wording specified in paragraph (C) of rule 3745-27-17 of the Administrative Code, as such rule was constituted on the date this bond was executed.

Principal

Signature(s): ______________

Name(s) and title(s) [typed]: ______________

Corporate seal: ______________

Corporate surety(ies)

Name and address: ______________

State of incorporation: ______________

Liability limit: $ ______________

Signature(s): ______________

Name(s) and title(s) [typed]: ______________

Corporate seal:

[For every co-surety, provide signature(s), corporate seal, and other information in the same manner as for surety above.]

Bond premium: $ ______________ "

(D) A letter of credit as specified in paragraph (I) of rules 3745-27-15 , 3745-27-16 , or paragraph (J) of rule 3745-27-18 of the Administrative Code must be worded as follows on forms prescribed by the director, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted [note: A letter of credit may also contain provisions used by the issuing institution in its regular course of business, provided that such provisions do not alter the terms and conditions in this paragraph]:

"Irrevocable standby letter of credit

[Director]

Ohio Environmental Protection Agency

Dear sir or madam: We hereby establish our irrevocable standby letter of credit no. __________ in your favor, at the request and for the account of [owner's or operator's name and address] up to the aggregate amount of [in words] U.S. dollars ($ __________ ), available upon presentation of

(1) Your sight draft, bearing reference to this letter of credit no. ______________ , and

(2) Your signed statement reading as follows: "I certify that the amount of the draft is payable pursuant to regulations issued under the authority of Chapter 3734. of the Revised Code as amended."

This letter of credit is effective as of [date] and will expire on [date of at least one year later], but such expiration date will be automatically extended for a period of [at least one year] on [date] and on each successive expiration date, unless, at least one hundred twenty days prior to the current expiration date, we notify both you and [owner's or operator's name] by certified mail that we have decided not to extend this letter of credit beyond the current expiration date. In the event that you are so notified, any unused portion of the credit will be available upon presentation of your sight draft for one hundred twenty days after the first day of receipt by both you and [owner's or operator's name] as evidenced by the return receipts.

Whenever this letter of credit is drawn under and in compliance with the terms of this credit, we will duly honor such draft upon presentation to us, and we will deposit the amount of the draft directly into the standby trust fund by [owner's or operator's name] in accordance with your instructions.

We certify that the wording of this letter of credit is identical to the wording specified in paragraph (D) of rule 3745-27-17 of the Administrative Code as such rule was constituted on the date shown immediately below.

[Signature(s) and title(s) of official(s) of issuing institution] [date]

This credit is subject to [insert "the most recent edition of the "Uniform Customs and Practice for Documentary Credits," published by the International Chamber of Commerce" or "The Uniform Commercial Code"]."

[Comment: In the event that the owner or operator ceases to exist, any unused portion of the credit will be available for the one hundred twenty day period after the date of receipt by the director, as evidenced by the return receipt.]

(E) A certificate of insurance, as specified in paragraph (J) of rules 3745-27-15 , 3745-27-16 , or paragraph (K) of rule 3745-27-18 of the Administrative Code, must be worded as follows on forms prescribed by the director, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:

"Certificate of insurance for final closure, post-closure care, corrective measures, or scrap tire transporter final closure

Name and address of insurer

(Herein called the "insurer"): ______________

Name and address of insured

(Herein called the "insured"): ______________

Solid waste facilities or scrap tire transporters covered: [list for each facility or scrap tire transporter: name, address, county in which the solid waste facility or scrap tire transporter is located, and the amount of insurance for final closure, post-closure care, scrap tire transporter final closure or corrective measures (these amounts for all solid waste facilities or scrap tire transporters covered must total the face amount shown below).]

Face amount: $ ______________

Policy number: ______________

Effective date: ______________

The insurer hereby certifies that it has issued to the insured the policy of insurance identified above to provide financial assurance for [insert "final closure," "final closure and post-closure care," "post-closure care," "corrective measures," or "scrap tire transporter final closure"] for the facilities or scrap tire transporters identified above. The insurer further warrants that such policy conforms in all respects with the requirements of paragraph (J) of rules 3745-27-15 , 3745-27-16 , or paragraph (K) of rule 3745-27-18 of the Administrative Code, as applicable as such rules were constituted on the date shown immediately below. It is agreed that any provision of the policy inconsistent with such regulations is hereby amended to eliminate such inconsistency.

Whenever requested by the director of the Ohio Environmental Protection Agency, the insurer agrees to furnish to the director a duplicate original of the policy listed above, including all endorsements thereon.

I hereby certify that the wording of this certificate is identical to the wording specified in paragraph (E) of rule 3745-27-17 of the Administrative Code as such rule was constituted on the date shown immediately below.

[Authorized signature for insurer]

[Name of person signing]

[Title of person signing]

Signature of witness or notary: ______________

[Date]"

(F) A letter from the chief financial officer, as specified in paragraph (K) of rules 3745-27-15 , 3745-27-16 , or paragraph (L) of rule 3745-27-18 of the Administrative Code must be worded as follows on forms prescribed by the director, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:

"Letter from chief financial officer

[Address to director, Ohio Environmental Protection Agency.]

I am the chief financial officer of [name and address of firm]. This letter is in support of this firm's use of the financial test to demonstrate financial assurance, as specified in Chapter 3745-27 of the Administrative Code.

[Fill out the following three paragraphs regarding solid waste facilities or scrap tire transporters and associated cost estimates. If your firm has no solid waste facilities or scrap tire transporters that belong in a particular paragraph, write "none" in the space indicated. For each solid waste facility or scrap tire transporter, include its name, address, county, and current final closure, post-closure care, scrap tire transporter final closure, or corrective measures cost estimates and any other environmental obligations, if any. Identify each cost estimate as to whether it is for final closure, post-closure care, scrap tire transporter final closure, or corrective measures.]

(1) This firm is the owner or operator of the following solid waste facilities or scrap tire transporters for which financial assurance for final closure, post-closure care, corrective measures, or scrap tire transporter final closure is demonstrated through the financial test specified in Chapter 3745-27 of the Administrative Code or this firm is the owner or operator of the following facilities for which financial assurance for any other environmental obligations are assured by a financial test. The current final closure, post-closure care, scrap tire transporter final closure, or corrective measures cost estimates, and any other environmental obligations, provided for by a financial test are shown for each solid waste facility or scrap tire transporter: $ ______________ .

(2) This firm guarantees, through the corporate guarantee specified in Chapter 3745-27 of the Administrative Code, the final closure, post-closure care, or corrective measures of the following facilities permitted by subsidiaries of this firm or final closure for scrap tire transporters or this firm guarantees, through the corporate guarantee, any other environmental obligations of the following facilities permitted by subsidiaries of this firm. The current cost estimates for the final closure, post-closure care, scrap tire transporter final closure, or corrective measures, and any other environmental obligations, so guaranteed are shown for each solid waste facility or scrap tire transporter final closure: $ ______________ .

(3) This firm is the owner or operator of the following facilities or scrap tire transporters for which financial assurance requirements for final closure, scrap tire transporter final closure, post-closure care, or corrective measures or any other environmental obligations are satisfied through a financial test other than that required by chapter 3745-27 of the Administrative Code. The current final closure, post-closure care, scrap tire transporter final closure, or corrective measures cost estimates, or any other environmental obligations covered by such financial assurance are shown for each facility or scrap tire transporter:

$ ______________ .

This firm [insert "is required" or "is not required"] to file a form 10k with the Securities and Exchange Commission (SEC) for the most recent fiscal year.

The fiscal year of this firm ends on [month, day]. The figures for the following items marked with an asterisk are derived from this firm's independently audited, year-end financial statements for the most recently completed fiscal year, ended [date].

[Fill in Alternative I if the criteria of paragraph (K)(1)(a) of rules 3745-27-15 , 3745-27-16 , or paragraph (L)(1)(a) of rule 3745-27-18 of the Administrative Code are used. Fill in Alternative II if the criteria of paragraph (K)(1)(b) of rules 3745-27-15 , 3745-27-16 , or of paragraph (L)(1)(b) of rule 3745-27-18 of the Administrative Code are used.]

Alternative I

1. Sum of current final closure, post-closure care, scrap tire transporter final closure, or corrective measures cost estimates, and any other environmental obligations assured by a financial test (total of all cost estimates shown in the three paragraphs above): $ ________________ .

2. Total liabilities [if any portion of the final closure, post-closure care, scrap tire transporter final closure, or corrective measures cost estimate is included in total liabilities, you may deduct the amount of that portion from this line and add that amount to lines 3 and 4]: $ ____________________ .

3. Tangible net worth: $ _________________________ .

4. Net worth: $ _______________________________ .

5. Current assets: $ ____________________________ .

6. Current liabilities: $ __________________________ .

7. Net working capital [line 5 minus line 6]: $ ______________ .

8. The sum of net income plus depreciation, depletion, and amortization minus $10 million: $ __________________ .

9. Total assets in U.S. (required only if less than 90% of firm's assets are located in the U.S.): $ ________________ .

Yes No

10. Is line 3 at least $10 million? . . .

11. Is line 3 at least 6 times line 1? . . .

12. Is line 7 at least 6 times line 1? . . .

*13. Are at least 90% of firm's assets located in the U.S.? . . . If not, complete line 14.

14. Is line 9 at least 6 times line 1? . . .

15. Is line 2 divided by line 4 less than 2.0 ? . . .

16. Is line 8 divided by line 2 greater than 0.1 ? . . .

17. Is line 5 divided by line 6 greater than 1.5 ? . . .

Alternative II

1. Sum of current final closure, post-closure care, scrap tire transporter final closure, or corrective measures cost estimates, and any other environmental obligations assured by a financial test (total of all cost estimates shown in the three paragraphs above): $ _______________ .

2. Current bond rating of most recent issuance of this firm and name of rating service: ______________ .

3. Dateofissuanceofbond: _______________ .

4. Dateofmaturityofbond: _______________ .

*5. Tangible net worth [if any portion of the final closure, post-closure care, scrap tire transporter final closure, and corrective measures cost estimates is included in total liabilities on your firm's financial statements, you may add the amount of that portion to this line]: $ ______________ .

*6. Total assets in U.S. (required only if less than 90% of firm's assets are located in the U.S.): $ ______________ .

Yes No

7. Is line 5 at least $10 million? . . .

8. Is line 5 at least 6 times line 1? . . .

*9. Are at least 90% of firm's assets located in the U.S.? . . . If not, complete line 10.

10. Is line 6 at least 6 times line 1? . . .

I hereby certify that the wording of this letter is identical to the wording specified in paragraph (F) of rule 3745-27-17 of the Administrative Code as such rule was constituted on the date shown immediately below.

[Signature]

[Name]

[Title]

[Date]"

(G) A corporate guarantee, as specified in paragraph (K) of rules 3745-27-15 , 3745-27-16 , or paragraph (L) of rule 3745-27-18 of the Administrative Code, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:

"Corporate guarantee for final closure, post-closure care, corrective measures, or scrap tire transporter final closure.

Guarantee made this [date] by [name of guaranteeing entity], a business corporation organized under the laws of the state of [insert name of state], herein referred to as guarantor, to the Ohio Environmental Protection Agency ("Ohio EPA"), obligee on behalf of our subsidiary [owner or operator] of [business address].

Recitals

1. Guarantor meets or exceeds the financial test criteria and agrees to comply with the reporting requirements for guarantors as specified in paragraph (K) of rules 3745-27-15 , 3745-27-16 , or paragraph (L) of rule 3745-27-18 of the Administrative Code.

2. [Owner or operator] responsible for the following solid waste facility(ies) or scrap tire transporter(s) covered by this guarantee: [List for each facility or scrap tire transporter: name and address. Indicate for each whether guarantee is for final closure, post-closure care, both, corrective measures, or for scrap tire transporter final closure].

3. Final closure, post-closure care , or corrective measures plans as used below refer to the plans maintained as required by Chapter 3745-27 of the Administrative Code for the final closure, post-closure care, and corrective measures of a facility, as identified above.

4. For value received from [owner or operator], guarantor guarantees to the Ohio EPA that in the event that [owner or operator] fails to perform [insert "final closure," "post-closure care," "final closure and post-closure care," or "corrective measures"] of the above facility in accordance with the final closure, post-closure care or corrective measures plans and other permit requirements, as applicable, or, for a scrap tire transporter, in the event the owner or operator fails to remove and properly dispose of any accumulation of scrap tires delivered to a location not authorized to receive scrap tires by paragraph (C)(1) of rule 3745-27-56 of the Administrative Code, or fails to remove and properly dispose of any scrap tires which have been open dumped by the scrap tire transporter, or has been found to be in violation of rule 3745-27-79 of the Administrative Code, the guarantor shall remove and properly dispose of the scrap tires or establish a trust fund as specified in Chapter 3745-27 of the Administrative Code, as applicable, in the name of [owner or operator] in the amount of the current final closure, post-closure care, scrap tire transporter final closure, or corrective measures cost estimates as specified in Chapter 3745-27 of the Administrative Code.

5. Guarantor agrees that if, at the end of any fiscal year before termination of this guarantee, the guarantor fails to meet the financial test criteria, guarantor shall send notice to the director, Ohio EPA, and to [owner or operator], not later than ninety days after the end of such fiscal year, by certified mail or any other form of mail accompanied by a receipt, that the guarantor intends to provide alternate financial assurance as specified in Chapter 3745-27 of the Administrative Code, in the name of [owner or operator]. Not later than one hundred twenty days after the end of such fiscal year, the guarantor shall establish such alternate financial assurance unless [owner or operator] has done so.

6. The guarantor agrees to notify the director by certified mail or any other form of mail accompanied by a receipt, of a voluntary or involuntary proceeding under "Title 11 (bankruptcy)," U.S. Code, naming guarantor as debtor, not later than ten days after commencement of the proceeding.

7. Guarantor agrees that not later than thirty days after being notified by the director of a determination that guarantor no longer meets the financial test criteria or that he is disallowed from continuing as a guarantor of final closure, post-closure care, corrective measures, or scrap tire transporter final closure, he shall establish alternate financial assurance as specified in Chapter 3745-27 of the Administrative Code, in the name of [owner or operator] unless [owner or operator] has done so.

8. Guarantor agrees to remain bound under this guarantee notwithstanding any or all of the following: amendment or modification of the final closure, post-closure care or corrective measures plan, amendment or modification of the permit or registration certification, extension or reduction of the time of performance of final closure, post-closure care, or corrective measures, or any other modification or alteration of an obligation of the owner or operator pursuant to Chapter 3745-27 of the Administrative Code.

9. Guarantor agrees to remain bound under this guarantee for so long as [owner or operator] shall comply with the applicable financial assurance requirements of Chapter 3745-27 of the Administrative Code for the above listed facilities or scrap tire transporter, except that guarantor may cancel this guarantee by sending notice by certified mail or any other form of mail accompanied by a receipt to the director and [owner or operator], such cancellation to become effective not earlier than one hundred twenty days after receipt of such notice by both Ohio EPA and [owner or operator], as evidenced by the return receipts.

10. Guarantor agrees that if [owner or operator] fails to provide alternate financial assurance as specified in Chapter 3745-27 of the Administrative Code, and obtain written approval of such alternate financial assurance from the director not later than ninety days after a notice of cancellation by the guarantor is received by the director from guarantor, guarantor shall provide such alternate financial assurance in the name of [owner or operator].

11. Guarantor expressly waives notice of acceptance of this guarantee by the Ohio EPA or by [owner or operator]. Guarantor also expressly waives notice of amendments or modifications of the solid waste facility permit(s) or registration(s) or the scrap tire transporter registration.

I hereby certify that the wording of this guarantee is identical to the wording specified in paragraph (G) of rule 3745-27-17 of the Administrative Code as such rule was constituted on the date first above written.

Effective date: ______________

[Name of guarantor]

[Authorized signature for guarantor]

[Name of person signing]

[Title of person signing]

Signature of witness or notary: __________ "

(H) A letter from the chief financial officer of a local government, as specified in paragraph (L) of rules 3745-27-15 , 3745-27-16 , or in paragraph (M) of rule 3745-27-18 of the Administrative Code must be worded as follows on forms prescribed by the director, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:

[Comment: For the purposes of this rule, local government is defined as a subdivision of the state of Ohio including, but not limited to, a municipal corporation, a county, a township, a single or joint county solid waste management district, or a solid waste management authority.]

"Letter from chief financial officer of a local government

[Address to director, Ohio Environmental Protection Agency.]

I am the chief financial officer of [name and address of local government]. This letter is in support of this local government's use of the financial test to demonstrate financial assurance, as specified in chapter 3745-27 of the Administrative Code.

[Fill out the following paragraphs regarding facilities and scrap tire transporters and the associated cost estimates. If there are no facilities or scrap tire transporters that belong in a particular paragraph, write "none" in the space indicated. For each solid waste facility or scrap tire transporter, include its name, address, county, and current final closure, post-closure care, scrap tire transporter final closure, or corrective measures cost estimates, and any other environmental obligations. Identify each cost estimate as to whether it is for final closure, post-closure care, scrap tire transporter final closure, or corrective measures, and all other environmental obligations.]

(1) This local government is the owner or operator of the following facilities or scrap tire transporters for which financial assurance for final closure, post-closure care, scrap tire transporter final closure, or corrective measures is demonstrated through the financial test specified in chapter 3745-27 of the Administrative Code or this local government is the owner or operator of the following facilities for which financial assurance for any other environmental obligations are assured by a financial test. The current final closure, post-closure care, scrap tire transporter final closure, or corrective measures cost estimates, and any other environmental obligations provided for by a test are shown: $ ______________ .

(2) This local government is the owner or operator of the following facilities or scrap tire transporter for which financial assurance requirements for final closure, post-closure care, scrap tire transporter final closure, corrective measures, or any other environmental obligations are satisfied through a financial test other than that required by chapter 3745-27 of the Administrative Code. The current final closure, post-closure care, scrap tire transporter final closure, or corrective measures cost estimates, or any other environmental obligations covered by such financial assurance are shown for each facility or scrap tire transporter: $ ______________ .

The fiscal year of this local government ends on [month, day]. The figures for the following items marked with an asterisk are derived from this local government's independently audited, year-end financial statements for the most recently completed fiscal year, ended [date]. [Comment: The figures for the following items must be contained in the audited financial statements from the most recently completed fiscal year.]

[Fill in Alternative I if the criteria of paragraph (L)(3)(a) of rule 3745-27-15 , 3745-27-16 , or paragraph (M)(3)(a) of rule 3745-27-18 of the Administrative Code are used. Fill in Alternative II if the criteria of paragraph (L)(3)(b) of rule 3745-27-15 , 3745-27-16 , or of paragraph (M)(3)(b) of rule 3745-27-18 of the Administrative Code are used.]

Alternative I

1. Sum of current final closure, post-closure care, scrap tire transporter final closure, or corrective measures cost estimates, and any other environmental obligations assured by a financial test (total of all cost estimates shown in the paragraphs above): $ ________________ .

2. Sum of cash and marketable securities: $ ____________________ .

3. Total expenditures: $ _________________________ .

4. Annual debt service: $ ________________________ .

5. Long-term debt: $ ___________________________ .

6. Capital expenditures: $ ________________________ .

7. Total assured environmental costs: $ ______________ .

8. Total annual revenue: $ __________________ .

Yes No

9. Is line 2 divided by line 3 greater than or equal to 0.05 ? . . .

10. Is line 4 divided by line 3 less than or equal to 0.20 ? . . .

11. Is line 5 divided by line 6 less than or equal to 2.00 ? . . .

12. Is line 7 divided by line 8 less than or equal to 0.43 ? . . . If not, complete lines 13 and 14.

13. Multiply line 8 by 0.43 = $ __________ . This is the maximum amount allowed to assure environmental costs.

14. Line 13 subtracted from line 7 = $ __________ . This amount must be assured by another financial assurance mechanism listed in paragraphs (F), (G), (I), or (J), in rules 3745-27-15 , 3745-27-16 , and paragraphs (G), (H), (J), or (K) in rule 3745-27-18 of the Administrative Code.

Alternative II

1. Sum of current final closure, post-closure care, scrap tire transporter final closure, corrective measures cost estimates, and any other environmental obligations assured by a financial test (total of all cost estimates shown in the paragraphs above): $ _______________ .

2. Current bond rating of most recent issuance and name of rating service: ______________ .

3. Date of issuance of bond: _______________ .

4. Date of maturity of bond: _______________ .

5. Total assured environmental costs: $ ______________ .

*6. Total annual revenue: $ ______________ .

Yes No

7. Is line 5 divided by line 6 less than or equal to 0.43 ? ..... If not, complete lines 8 and 9.

8. Multiply line 6 by 0.43 = $ _______________________ . This is the maximum amount allowed to assure environmental costs.

9. Line 8 subtracted from line 5 = $ __________________ . This amount must be assured by another financial assurance mechanism listed in paragraphs (F), (G), (I), or (J), in rules 3745-27-15 , 3745-27-16 , and paragraphs (G), (H), (J), or (K) in rule 3745-27-18 of the Administrative Code.

I hereby certify that the wording of this letter is identical to the wording specified in paragraph (H) of rule 3745-27-17 of the Administrative Code as such rule was constituted on the date shown immediately below. I further certify the following: (1) that the local government's financial statements are prepared in conformity with generally accepted accounting principles for governments; (2) that the local government has not operated at a deficit equal to five per cent or more of total annual revenue in either of the past two fiscal years; (3) that the local government is not in default on any outstanding general obligation bonds; and, (4) that the local government does not have outstanding general obligations rated less than BBB as issued by "Standard and Poor's" or Baa as issued by "Moody's."

[Signature]

[Name]

[Title]

[Date]"

(I) An existing trust agreement with the wording set forth in paragraphs (A)(1) and (A)(2) of this rule may be utilized to satisfy the trust agreement wording requirements set forth in paragraphs (A)(1) and (A)(2) of rule 3745-503-20 of the Administrative Code.

(J) An existing surety bond guaranteeing payment into a trust fund with the wording set forth in paragraph (B) of this rule may be utilized to satisfy the surety bond guaranteeing payment into a trust fund wording requirements set forth in paragraph (B) of rule 3745-503-20 of the Administrative Code.

(K) An existing surety bond guaranteeing performance with the wording set forth in paragraph (C) of this rule may be utilized to satisfy the surety bond guaranteeing performance wording requirements set forth in paragraph (C) of rule 3745-503-20 of the Administrative Code.

(L) An existing letter of credit with the wording set forth in paragraph (D) of this rule may be utilized to satisfy the letter of credit wording requirements set forth in paragraph (D) of rule 3745-503-20 of the Administrative Code.

(M) An existing certificate of insurance with the wording set forth in paragraph (E) of this rule may be utilized to satisfy the certificate of insurance wording requirements set forth in paragraph (E) of rule 3745-503-20 of the Administrative Code.

(N) An existing letter from the chief financial officer with the wording set forth in paragraph (F) of this rule may be utilized to satisfy the letter from the chief financial officer wording requirements set forth in paragraph (F) of rule 3745-503-20 of the Administrative Code.

(O) An existing corporate guarantee with wording set forth in paragraph (G) of this rule may be utilized to satisfy the corporate guarantee wording requirements set forth in paragraph (G) of rule 3745-503-20 of the Administrative Code.

(P) An existing letter from the chief financial officer of a local government as set forth in paragraph (H) of this rule may be utilized to satisfy the letter from the chief financial officer of a local government wording requirements set forth in paragraph (H) of rule 3745-503-20 of the Administrative Code.

Effective: 02/04/2013
R.C. 119.032 review dates: 11/13/2012 and 02/04/2018
Promulgated Under: 119.03
Statutory Authority: 3734.02 , 3734.12
Rule Amplifies: 3734.02 , 3734.12 , 3734.71 , 3734.72 , 3734.73 , 3734.74
Prior Effective Dates: 03/01/1990, 05/31/1991, 06/01/1994, 03/01/1996, 5/1/97, 9/1/02

3745-27-18 Corrective measures financial assurance for a sanitary landfill facility.

(A) Applicability.

Except as provided in paragraph (B)(6) of this rule, an owner or operator of a sanitary landfill facility "required to undertake corrective measures" pursuant to rule 3745-27-10 of the Administrative Code shall comply with the requirements of this rule. For the purposes of this rule,"required to undertake corrective measures" means one of the following:

(1) The director selects a corrective measure in accordance with paragraph (F)(10) of rule 3745-27-10 of the Administrative Code.

(2) The director requires the owner or operator to undertake interim measures to protect human health or the environment in accordance with paragraph (F)(6) of rule 3745-27-10 of the Administrative Code.

(3) The director requires corrective measures as a condition of a permit.

(B) Implementation

(1) If the sanitary landfill facility is "required to undertake corrective measures" pursuant to a selection or designation of a plan in accordance with (A)(1) or

(2) of this rule, the owner or operator shall do the following:

(a) Within ninety days, execute a corrective measures financial assurance instrument, deliver the originally signed corrective measures financial assurance instrument to the director by certified mail or any other form of mail accompanied by a receipt, and place a copy of the corrective measures financial assurance instrument into the operating record in accordance with rule 3745-27-09 of the Administrative Code.

(b) Within one hundred and twenty days, fund the corrective measures financial assurance instrument.

(2) If the owner or operator of a sanitary landfill facility is "required to undertake corrective measures" pursuant to rule 3745-27-10 of the Administrative Code as a condition of permit issuance, the owner or operator shall do the following:

(a) Upon permit issuance, comply with this rule.

(b) No later than permit issuance, execute the corrective measures financial assurance instrument, and prior to receipt of solid wastes in the unit(s) authorized by the permit, fund the corrective measures financial assurance instrument.

(C) The requirements of this rule do not apply to the following:

(1) Residual solid waste landfill facilities subject to the requirements of Chapter 3745-30 of the Administrative Code.

(2) Industrial solid waste landfill facilities subject to the requirements of Chapter 3745-29 of the Administrative Code.

(3) Sanitary landfill facilities that ceased acceptance of solid waste prior to June 1, 1994 as evidenced by the notification required to be submitted by paragraph (E) of rule 3745-27-11 of the Administrative Code.

(D) Corrective measures financial assurance instrument.

The corrective measures financial assurance instrument shall contain an itemized written estimate, in current dollars, of the total cost of corrective measures activities as described in the corrective measures plan for the entire corrective measures period for all unit(s) of the sanitary landfill facility subject to the corrective measures pursuant to rule 3745-27-10 of the Administrative Code. The owner or operator shall prepare a separate estimate for each noncontiguous unit of a sanitary landfill facility undergoing corrective measures pursuant to rule 3745-27-10 of the Administrative Code. The estimate shall be based on a third party conducting the corrective measures activities.

(E) Review of corrective measures financial assurance instrument. The owner or operator of a sanitary landfill facility shall submit to the director, by certified mail or any other form of mail accompanied by a receipt, the most recently adjusted corrective measures cost estimate prepared in accordance with this paragraph. The owner or operator of a sanitary landfill facility shall:

(1) Annually review and analyze the corrective measures cost estimate and shall make any appropriate revisions to these estimates and to the financial assurance instrument whenever a change in the corrective measures activities increases the cost of corrective measures. Any revised corrective measures cost estimate must be adjusted for inflation as specified in paragraph (E)(2) of this rule.

(2) Annually adjust the corrective measures cost estimate for inflation. The adjustment shall be made as specified in this paragraph, using an inflation factor derived from the annual implicit price deflator for gross domestic product as published by the U.S. department of commerce in its February issue of "Survey of Current Business." The inflation factor is the result of dividing the latest published annual deflator by the deflator for the previous year.

(a) The first adjustment is made by multiplying the corrective measures cost estimate by the inflation factor. The result is the adjusted corrective measures cost estimate.

(b) Subsequent adjustments are made by multiplying the most recently adjusted corrective measures cost estimate by the most recent inflation factor.

(F) The owner or operator, who is required to undertake corrective measures shall select a corrective measures financial assurance mechanism from the list of mechanisms specified in paragraphs (G), (H), (I), (J), (K), (L), and (M) of this rule, provided the owner or operator satisfies the criteria for use of that mechanism.

(G) Corrective measures trust fund.

(1) The owner or operator may satisfy the requirements of this rule by establishing a corrective measures trust fund which conforms to the requirements of this paragraph, sending an originally signed duplicate of the trust agreement to the director by certified mail or any other form of mail accompanied by a receipt within the time period outlined in paragraph (B) of this rule, and submitting a copy of the trust agreement into the operating record of the facility in accordance with rule 3745-27-09 of the Administrative Code. The trustee shall be an entity that has the authority to act as a trustee and which trust operations are regulated and examined by a federal or state agency.

(2) The wording of the trust agreement shall be identical to the wording specified in paragraph (A)(1) of rule 3745-27-17 of the Administrative Code on forms prescribed by the director and the trust agreement shall be accompanied by a formal certification of acknowledgment. Schedule A of the trust agreement shall be updated not later than sixty days after a change in the amount of the current corrective measures cost estimate provided for in the agreement.

(3) A corrective measures trust fund shall be established to secure an amount at least equal to the current corrective measures cost estimate, except as provided in paragraph (N) of this rule. Payments to the trust fund shall be made quarterly, except as permitted by paragraph (G)(4) of this rule, by the owner or operator over the term of the projected corrective measures period as outlined in the applicable authorizing document, including permit to install or plan approval, this period is hereafter referred to as the pay-in period. The first payment into the corrective measures trust fund shall be made in accordance with paragraph (B) of this rule. Subsequent payments to the corrective measures trust fund shall be made as follows:

(a) A receipt from the trustee for each payment shall be submitted by the owner or operator to the director. The first payment shall be at least equal to the current corrective measures cost estimate divided by the number of quarters in the pay-in period, except as provided in paragraph (N) of this rule. Subsequent payments shall be made not later than thirty days after each quarter following the first payment. The amount of each subsequent payment shall be determined by performing the following calculation:

Next payment = CE - CV/Q

Where CE is the current corrective measures cost estimate, CV is the current value of the trust fund, and Q is the number of quarters remaining in the pay-in period.

(b) If the owner or operator establishes a trust fund, as specified in this rule, and the value of the trust fund is less than any revised current corrective measures cost estimate made during the pay-in period, the amount of the current corrective measures cost estimate still to be paid into the trust fund shall be paid in over the pay-in period, as defined in paragraph (G)(3) of this rule. Payments shall continue to be made not later than thirty days after each quarter following the first payment pursuant to paragraph (G)(3)(a) of this rule. The amount of each payment shall be determined by performing the following calculation:

Next payment = CE - CV/Q

Where CE is the current corrective measures cost estimate, CV is the current value of the trust fund, and Q is the number of quarters remaining in the pay-in period.

(4) The owner or operator may accelerate payments into the trust fund or the owner or operator may deposit the full amount of the current corrective measures cost estimate at the time the fund is established. However, the owner or operator shall maintain the value of the fund at no less than the value the fund would have if quarterly payments were made as specified in paragraph (G)(3) of this rule.

(5) If the owner or operator establishes a corrective measures trust fund after having begun funding corrective measures under any mechanism(s) specified in this rule, the corrective measures trust fund shall be established by depositing the total value of all prior mechanisms into the newly established trust fund. The subsequent quarterly payments shall be made as specified in paragraph (G)(3) of this rule.

(6) After the pay-in period of a trust fund has ended and the current corrective measures cost estimate changes, the owner or operator shall compare the revised estimate to the trustee's most recent annual valuation of the trust fund. If the value of the trust fund is less than the amount of the revised estimate, the owner or operator shall, not later than sixty days after the change in the cost estimate, either deposit a sufficient amount into the trust fund so that its value after payment at least equals the amount of the current corrective measures cost estimate, or obtain alternate financial assurance as specified in this rule to compensate for the difference.

(7) The director shall instruct the trustee to release to the owner or operator such funds as the director specifies in writing, after receiving one of the following requests from the owner or operator for a release of funds:

(a) The owner or operator may submit a written request to the director for the release of the amount in excess of the current corrective measures cost estimate, if the value of the trust fund is greater than the total amount of the current corrective measures cost estimate.

(b) The owner or operator may submit a written request to the director for release of the amount in the trust fund that exceeds the amount required as a result of such substitution, if the owner or operator substitutes any of the alternate financial assurance mechanism(s) specified in this rule for all or part of the trust fund.

(8) Reimbursement for corrective measures.

After beginning corrective measures, the owner or operator, or any other person authorized by the owner, operator, or director to perform corrective measures, may request reimbursement for corrective measures expenditures by submitting itemized bills to the director. After receiving itemized bills for corrective measures activities, the director shall determine whether the corrective measures expenditures are in accordance with the applicable authorizing document, including permit to install or plan approval, or are otherwise justified, and if so, will instruct the trustee to make reimbursement in such amounts as the director specifies in writing. If the director determines that the cost of corrective measures will be greater than the value of the trust fund, he may withhold reimbursement of such amounts as he deems prudent until he determines, in accordance with paragraph (P) of this rule, that the owner or operator is no longer required to maintain financial assurance for corrective measures.

(9) The director will agree to termination of a trust when one of the following occurs:

(a) The owner or operator substitutes alternate financial assurance for corrective measures as specified in paragraph (G)(6) of this rule.

(b) The director notifies the owner or operator, in accordance with paragraph (P) of this rule, that the owner or operator is no longer required by this rule to maintain financial assurance for corrective measures.

(H) Surety bond guaranteeing payment into a corrective measures trust fund.

(1) The owner or operator may satisfy the requirements of this rule by obtaining a surety bond that conforms to the requirements of this paragraph and by delivering the originally signed bond to the director by certified mail or any other form of mail accompanied by a receipt within the time period outlined in paragraph (B) of this rule by submitting a copy of the bond into the operating record in accordance with rule 3745-27-09 of the Administrative Code. The surety company issuing the bond shall, at a minimum, be among those listed as acceptable sureties on federal bonds in"Circular 570" of the U.S. department of the treasury.

[Comment: "Circular 570" is published in the "Federal Register" annually on the first day of July; interim changes in the circular are also published in the "Federal Register."]

(2) The wording of the surety bond shall be identical to the wording specified in paragraph (B) of rule 3745-27-17 of the Administrative Code on forms prescribed by the director.

(3) The owner or operator who uses a surety bond to satisfy the requirements of this rule shall also establish a standby trust fund not later than when the bond is obtained. Under the terms of the surety bond, all payments made thereunder will be deposited by the surety directly into the standby trust fund in accordance with instructions from the director. This standby trust fund shall meet the requirements specified in paragraph (G) of this rule, except that:

(a) An originally signed duplicate of the trust agreement shall be delivered to the director with the surety bond and placed in the operating record in accordance with rule 3745-27-09 of the Administrative Code.

(b) Until the standby trust fund is funded, pursuant to the requirements of this rule, the following are not required:

(i) Payments into the trust fund as specified in paragraph (G) of this rule.

(ii) Revisions of Schedule A of the trust agreement to show current corrective measures cost estimate.

(iii) Annual valuations as required by the trust agreement;

(iv) Notices of nonpayment as required by the trust agreement.

(4) The bond shall guarantee that the surety will become liable on the bond obligation unless the owner or operator does one of the following, as applicable:

(a) Fund the standby trust fund in an amount equal to the penal sum of the bond before the beginning of the corrective measures period.

(b) Fund the standby trust fund in an amount equal to the penal sum of the bond not later than fifteen days after corrective measures are required pursuant to rule 3745-27-10 of the Administrative Code.

(c) Provide alternate financial assurance as specified in this rule, and obtain the director's written approval of the alternate financial assurance provided, not later than ninety days after both the owner or operator and the director receive notice of cancellation of the bond from the surety.

(5) Under the terms of the bond, the surety shall become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond.

(6) The penal sum of the bond shall be in an amount at least equal to the current corrective measures cost estimate except as provided in paragraph (N) of this rule.

(7) Whenever the current corrective measures cost estimate increases to an amount greater than the penal sum of the bond, the owner or operator shall, not later than sixty days after the increase in the estimate, either cause the penal sum of the bond to be increased to an amount at least equal to the current corrective measures cost estimate and submit evidence of such increase to the director, and into the operating record in accordance with rule 3745-27-09 of the Administrative Code, or obtain alternate financial assurance, as specified in this rule, to compensate for the increase. Whenever the current corrective measures cost estimate decreases, the penal sum may be reduced to the amount of the current corrective measures cost estimate following written approval by the director. Notice of an increase or a proposed decrease in the penal sum shall be sent to the director not later than sixty days after the change.

(8) Under the terms of the bond, the bond shall remain in force unless the surety sends written notice of cancellation by certified mail or any other form of mail accompanied by a receipt to the owner or operator and to the director. Cancellation cannot occur, however, during the one hundred twenty day period beginning on the first day that both the owner or operator and the director have received the notice of cancellation, as evidenced by the return receipts.

(9) The owner or operator may cancel the bond if the director has given prior written consent. The director will provide such written consent to the surety bond company when one of the following occurs:

(a) The owner or operator substitutes alternate financial assurance for corrective measures as specified in this rule.

(b) The director notifies the owner or operator, in accordance with paragraph (P) of this rule that the owner or operator is no longer required to maintain financial assurance for corrective measures.

(I) Surety bond guaranteeing performance of corrective measures.

(1) The owner or operator may satisfy the requirements of this rule by obtaining a surety bond which conforms to the requirements of this paragraph and by delivering the originally signed bond to the director within the time period outlined in paragraph (B) of this rule by submitting a copy of the surety bond into the operating record of the facility in accordance with rule 3745-27-09 of the Administrative Code. The surety company issuing the bond shall, at a minimum, be among those listed as acceptable sureties on federal bonds in"Circular 570" of the U.S. department of the treasury.

[Comment: "Circular 570" is published in the "Federal Register" annually on the first day of July; interim changes in the circular are also published in the "Federal Register."]

(2) The wording of the surety bond shall be identical to the wording specified in paragraph (C) of rule 3745-27-17 of the Administrative Code on forms prescribed by the director.

(3) The owner or operator who uses a surety bond to satisfy the requirements of this rule shall also establish a standby trust fund. Under the terms of the surety bond, all payments made thereunder will be deposited by the surety directly into the standby trust fund in accordance with instructions from the director. This standby trust fund shall meet the requirements specified in paragraph (G) of this rule except that:

(a) An originally signed duplicate of the trust agreement shall be delivered to the director with the surety bond and placed in the operating record in accordance with rule 3745-27-09 of the Administrative Code.

(b) Unless the standby trust fund is funded pursuant to the requirements of this rule, the following are not required:

(i) Payments into the trust fund as specified in paragraph (G) of this rule.

(ii) Revisions of Schedule A of the trust agreement to show current corrective measures cost estimate.

(iii) Annual valuations as required by the trust agreement.

(iv) Notices of nonpayment as required by the trust agreement.

(4) The bond shall guarantee that the surety will become liable on the bond obligation unless the owner or operator does one of the following, as applicable:

(a) Performs corrective measures in accordance with the applicable authorizing document, including permit to install or plan approval.

(b) Provides alternate financial assurance as specified in this rule, and obtains the director's written approval of the alternate financial assurance provided, not later than ninety days after both the owner or operator and the director receive notice of cancellation of the bond from the surety.

(5) Under the terms of the bond, the surety will become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond. Following a determination by the director that the owner or operator of the sanitary landfill facility has failed to perform corrective measures activities in accordance with the applicable authorizing document, including permit to install or plan approval, the surety shall perform corrective measures in accordance with the applicable authorizing document, including permit to install or plan approval, or will deposit the amount of the penal sum into the standby trust fund.

(6) The penal sum of the bond shall be in an amount at least equal to the current corrective measures cost estimate.

(7) Whenever the current corrective measures cost estimate increases to an amount greater than the penal sum of the bond, the owner or operator shall, not later than sixty days after the increase in the estimate, either cause the penal sum of the bond to be increased to an amount at least equal to the current corrective measures cost estimate and submit evidence of such increase to the director, and into the operating record in accordance with rule 3745-27-09 of the Administrative Code, or obtain alternate financial assurance, as specified in this rule, to compensate for the increase. Whenever the current corrective measures cost estimate decreases, the penal sum may be reduced to the amount of the current corrective measures cost estimate following written approval by the director. Notice of an increase or a proposed decrease in the penal sum shall be sent to the director by certified mail or any other form of mail accompanied by a receipt not later than sixty days after the change.

(8) Under the terms of the bond, the bond shall remain in force unless the surety sends written notice of cancellation by certified mail or any other form of mail accompanied by a receipt to the owner or operator and to the director. Cancellation cannot occur, however, during the one hundred twenty day period beginning on the first day that both the owner or operator and the director have received the notice of cancellation as evidenced by the return receipts.

(9) The owner or operator may cancel the bond if the director has given prior written consent. The director will provide such written consent to the surety bond company when one of the following occurs:

(a) The owner or operator substitutes alternate financial assurance for corrective measures as specified in this rule.

(b) The director notifies the owner or operator, in accordance with paragraph (P) of this rule that the owner or operator is no longer required by this rule to maintain financial assurance for corrective measures.

(10) The surety shall not be liable for deficiencies in the completion of corrective measures activities by the owner or operator after the owner or operator has been notified by the director, in accordance with this rule, that the owner or operator is no longer required to maintain financial assurance for corrective measures.

(J) Corrective measures letter of credit.

(1) The owner or operator may satisfy the requirements of this rule by obtaining an irrevocable standby letter of credit ("letter of credit") which conforms to the requirements of this paragraph and by having the originally signed letter of credit delivered to the director by certified mail or any other form of mail accompanied by a receipt within the time period outlined in paragraph (B) of this rule and by submitting a copy of the letter of credit into the operating record of the facility in accordance with rule 3745-27-09 of the Administrative Code. The issuing institution shall be an entity which has the authority to issue letters of credit and whose letter of credit operations are regulated and examined by a federal or state agency.

(2) The wording of the letter of credit shall be identical to the wording specified in paragraph (D) of rule 3745-27-17 of the Administrative Code on forms prescribed by the director.

(3) An owner or operator who uses a letter of credit to satisfy the requirements of this rule shall also establish a standby trust fund. Under the terms of the letter of credit, all amounts paid pursuant to a draft by the director shall be deposited promptly and directly by the issuing institution into the standby trust fund in accordance with instructions from the director. The standby trust fund shall meet the requirements of the trust fund specified in paragraph (G) of this rule, except that:

(a) An originally signed duplicate of the trust agreement shall be delivered to the director with the letter of credit, and a copy of the letter placed in the operating record in accordance with rule 3745-27-09 of the Administrative Code.

(b) Unless the standby trust fund is funded pursuant to the requirements of this rule, the following are not required:

(i) Payments into the trust fund as specified in paragraph (G) of this rule.

(ii) Updating of Schedule A of the trust agreement to show current corrective measures cost estimate.

(iii) Annual valuations as required by the trust agreement.

(iv) Notices of nonpayment as required by the trust agreement.

(4) The letter of credit shall be accompanied by a letter from the owner or operator referring to the letter of credit by number, issuing institution, and date, and providing the following information: the names and addresses of the sanitary landfill facility and the owner and the operator and the amount of funds assured for corrective measures by the letter of credit.

(5) The letter of credit shall be irrevocable and issued for a period of at least one year. The letter of credit shall provide that the expiration date will be automatically extended for a period of at least one year unless, at least one hundred twenty days prior to the current expiration date, the issuing institution notifies both the owner and operator and the director by certified mail or any other form of mail accompanied by a receipt of a decision not to extend the expiration date. Under the terms of the letter of credit, the one hundred twenty day period shall begin on the day when both the owner or operator and the director have received the notice, as evidenced by the return receipts.

(6) The letter of credit shall be issued in an amount at least equal to the current corrective measures cost estimate, except as provided in paragraph (N) of this rule.

(7) Whenever the current corrective measures cost estimate increases to an amount greater than the amount of the credit, the owner or operator shall, not later than sixty days after the increase, either cause the amount of the credit to be increased to an amount at least equal to the current corrective measures cost estimate and submit evidence of such increase to the director, and into the operating record in accordance with rule 3745-27-09 of the Administrative Code, or obtain alternate financial assurance, as specified in this rule, to compensate for the increase. Whenever the current corrective measures cost estimate decreases, the letter of credit may be reduced to the amount of the current corrective measures cost estimate following written approval by the director. Notice of an increase or a proposed decrease in the amount of the letter of credit shall be sent to the director by certified mail or any other form of mail accompanied by a receipt not later than sixty days after the change.

(8) Under the terms of the letter of credit, the director may draw on the letter of credit following a determination that the owner or operator has failed to:

(a) Perform corrective measures activities in accordance with the applicable authorizing document, including permit to install or plan approval.

(b) Provide alternate financial assurance as specified in this rule and obtain written approval of such alternate financial assurance from the director not later than ninety days after the owner and operator and the director have received notice from the issuing institution that it will not extend the letter of credit beyond the current expiration date, the director shall draw on the letter of credit. The director may delay the drawing if the issuing institution grants an extension of the term of the credit. During the final thirty days of any such extension the director shall draw on the letter of credit if the owner or operator has failed to provide alternate financial assurance as specified in this rule and has failed to obtain written approval of such alternate financial assurance from the director.

(9) The director shall return the original letter of credit to the issuing institution for termination when either of the following occurs:

(a) The owner or operator substitutes alternate financial assurance for corrective measures as specified in this rule.

(b) The director notifies the owner or operator, in accordance with paragraph (P) of this rule that the owner or operator is no longer required to maintain financial assurance for corrective measures.

(K) Corrective measures insurance.

(1) The owner or operator may satisfy the requirements of this rule by obtaining corrective measures insurance which conforms to the requirements of this paragraph and by submitting an originally signed certificate of such insurance to the director by certified mail or any other form of mail accompanied by a receipt within the time period outlined in paragraph (B) of this rule, and by submitting a copy of the certificate of insurance into the operating record of the facility in accordance with rule 3745-27-09 of the Administrative Code. At a minimum, the insurer shall be licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more states.

(2) The wording of the certificate of insurance shall be identical to the wording specified in paragraph (E) of rule 3745-27-17 of the Administrative Code on forms prescribed by the director.

(3) The corrective measures insurance policy shall be issued for a face amount at least equal to the current corrective measures cost estimate except as provided in paragraph (N) of this rule. Face amount means the total amount the insurer is obligated to pay under the policy. Actual payments by the insurer will not change the face amount, although the insurer's future liability will be lowered by the amount of the payments.

(4) The corrective measures insurance policy shall guarantee that funds will be available to perform corrective measures whenever mandated. The policy shall also guarantee that once corrective measures begins, the insurer will be responsible for paying out funds, up to an amount equal to the face amount of the policy, upon the direction of the director, to such party or parties as the director specifies.

(5) Reimbursement for corrective measures.

After beginning corrective measures, the owner or operator, or any other person authorized by the owner, operator, or director to perform corrective measures, may request reimbursement for corrective measures expenditures by submitting itemized bills to the director. After receiving itemized bills for corrective measures activities, the director shall determine whether the corrective measures expenditures are in accordance with the applicable authorizing document, including permit to install or plan approval, and if so, shall instruct the insurer to make reimbursement in such amounts as the director specifies in writing. If the director has reason to believe that the cost of corrective measures will be greater than the face amount of the policy, he may withhold reimbursement of such amounts as he deems prudent until he determines, in accordance with paragraph (P) of this rule, that the owner or operator is no longer required to maintain financial assurance for corrective measures of the facility.

(6) The owner or operator shall maintain the policy in full force and effect until the director consents to termination of the policy by the owner or operator as specified in paragraph (K)(8) of this rule. Failure to pay the premium, without substitution of alternate financial assurance as specified in this rule, will constitute a violation of these rules, warranting such remedy as the director deems necessary. Such violation shall be deemed to begin upon receipt by the director of a notice of future cancellation, termination, or failure to renew due to nonpayment of the premium, rather than upon the date of expiration.

(7) Each policy shall contain a provision allowing assignment of the policy to a successor owner or operator. Such assignment may be conditional upon consent of the insurer, provided such consent is not unreasonably refused.

(8) The policy shall provide that the insure