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| Rule |
Rule 3745-27-01 | Definitions.
Effective:
April 22, 2019
For the purposes of this chapter, the terms are
defined as follows: (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
from the requirements specified in the facility's authorizing document
that is at least equivalent to rule requirements and requires written
concurrence by Ohio EPA. An alteration is not a
"modification." [Comment: If the change is not equivalent to
rule requirements, approval through a variance or exemption would be
necessary.] (3) "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. (4) "Aquifer" means
consolidated or unconsolidated geological units, formations, or series of units
or formations that are hydraulically interconnected and that have the ability
to receive, store, transmit, and yield water to wells or springs. (5) "Aquifer system" means one
or more geological units or formations that are wholly or partially saturated
with water and are able to receive, store, transmit, and yield significant
amounts of water to wells or springs. (6) "Assets" means all existing
and all probable future economic benefits obtained or controlled by a
particular entity. (7) "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. 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" for the purposes of scrap tires 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. Beneficial use does not apply to
products manufactured from scrap tires and sold to a customer, including tire
derived fuel. (2) "Biomass fuels" means fuels
from any plant derived organic matter available on a renewable basis including
the following: (a) Agricultural crop wastes and residues. (b) Agricultural food and feed crops. (c) Aquatic plants. (d) Dedicated energy crops and trees. (e) Forestry residues and sawdust. (f) Refuse derived fuel consisting of waste paper,
cardboard, wood waste, yard waste, or animal waste. (3) "Bird hazard" means an
increase in the likelihood of bird and 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) "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 plasticbags where such bags are
commingled with other solid wastes. (2) "Composting" means the
process of biological decomposition of solid wastes under controlled conditions
resulting in compost. Controlled conditions include but are not limited to the
following: (a) Adding moisture. (b) Aerating. (c) Chipping. (d) Grinding. (e) Mixing feedstocks, bulking agents, and
additives. (f) Performing procedures to achieve human pathogen
reduction. (g) Physical turning. (h) Piling. (i) Shredding. (j) Other processing of solid wastes. (3) "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. The composting facility includes the area of materials
placement and any leachate management system structures. (4) "Current assets" means cash
or other assets or resources commonly identified as those that are reasonably
expected to be realized in cash or sold or consumed during the normal operating
cycle of the business. (5) "Current corrective measures
cost estimate" means the most recent of the estimates prepared in
accordance with rule 3745-27-18 of the Administrative Code. (6) "Current closure cost
estimate" means the most recent of the estimates prepared in accordance
with rule 3745-27-15, 3745-27-53, 3745-27-61, 3745-27-63, 3745-27-66, or
3745-27-73 of the Administrative Code. (7) "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. (8) "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 that 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) "Establish"
or "establishment" of a sanitary landfill facility, infectious waste
treatment facility, or scrap tire facility means to construct or install any of
the proposed facility components, including the excavation that is related to
the construction of a facility or any components thereof. "Establish"
or "establishment" does not include clearing and
grubbing. (2) "Execute" means to complete
and sign a document acceptable to the director for the purpose of establishing
a financial assurance instrument. (3) "Exemption"
means 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. (4) "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. (5) "Explosive gas monitoring
probe," "monitoring probe," or "probe" means a
permanent device where the presence of landfill gas can be repeatedly measured
with a direct reading instrument. (F) (1) "Face
amount" means the total amount the insurer is obligated to pay under the
policy. (2) "Fault"
means a fracture along which strata on one side of the fracture have been
displaced with respect to strata on the other side of the
fracture. (3) "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. (4) "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 not less than twenty feet wide. (5) "Foundry sand" has the same
meaning as in rule 3745-30-01 of the Administrative Code. (G) "Ground water" means any water below the
surface of the earth in a zone of saturation. (H) (1) "Hazardous
waste" means hazardous waste as defined in Chapter 3734. of the Revised
Code and includes 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
the authority of Chapter 3709. of the Revised Code. (4) "Holocene"
means the most recent epoch of the Quaternary period extending from the end of
the Pleistocene to the present. (5) "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" has the same meaning as in rule 3745-29-01 of the
Administrative Code. (4) "Industrial
solid waste landfill facility" has the same meaning as 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 the
following: (a) Cultures and stocks of infectious agents and associated
biologicals. (b) Human blood and blood products. (c) 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: (i) Laboratory wastes. (ii) Pathological wastes. (iii) Animal blood and blood products. (iv) Animal carcasses and parts. (v) Waste materials from the rooms of humans or the
enclosures of animals that have been isolated because of a diagnosed
communicable disease that are likely to transmit infectious or zoonotic agents.
Waste materials from the rooms of humans do not include any wastes 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, unless specific wastes generated under the universal
precautions system have been identified as infectious wastes under paragraph
(I)(6)(c)(vii) of this rule. (vi) Sharp wastes used in the treatment, diagnosis, or
inoculation of human beings or animals. (vii) Any other waste materials generated in the diagnosis,
treatment, or immunization of human beings or animals, in research pertaining
thereto, or in the production or testing of biologicals, that the director of
health, 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.
(d) Any other waste materials the generator designates as
infectious waste. Patient care waste such as bandages, disposable
gowns, or permeable materials that are lightly soiled with blood or other body
fluids are not considered an infectious waste unless those wastes are soiled to
the extent that the generator of the wastes determines that the materials
should be managed as infectious wastes. (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 that are currently recoverable
utilizing existing technology. (b) Facilities that meet all of the following: (i) Accept mixed or
source separated solid waste streams. (ii) Recovers for
recycling or 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 fewer
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 fewer 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) "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. (5) "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. (6) "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" has the same
meaning as in rule 3745-27-02 of the Administrative Code. (3) "Monocell" means a discrete
volume of 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"
means 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 including
wastes derived from 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)(5)(a), (M)(5)(b),
(M)(5)(c), or (M)(5)(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 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. (4) "Nonputrescible solid
wastes" means solid wastes that do not generate explosive gases during
decomposition, do not readily biodegrade, and do not cause odors. (5) "Nuisance" means anything
that 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" means an enclosed structure where one or more human beings may
be present, except those structures that are open to natural free air
circulation such that an explosive gas hazard is minimized. (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, or 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 on
or into the following: (i) Waters of the
state. (ii) The ground at any
place other than a scrap tire collection, storage, monofill, monocell, recovery
facility licensed under section 3734.81 of the Revised Code, at a site or in a
manner not specified in division (C)(2), (C)(3), (C)(4), (C)(5), (C)(7),
(C)(9), or (C)(10) of section 3734.85 of the Revised Code, at any licensed
solid waste facility if the deposition is not in accordance Chapters 3745-27
and 3745-37 of the Administrative Code, or at a site or in a manner not in
compliance with rule 3745-27-60 of the Administrative Code. (iii) At any licensed
solid waste facility if the deposition is not in accordance with Chapters
3745-27 and 3745-37 of the Administrative Code. (iv) 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 rules 3745-27-60 and 3745-27-61 of the Administrative Code
for longer than fourteen days. Scrap tires in trailers or vehicles shall be
considered open dumped unless written prior authorization is granted by Ohio
EPA that allows the vehicle or trailer to have mechanical repairs that will
take longer than fourteen days to complete. [Comment: An unregistered scrap tire
facility operating in accordance with rule 3745-27-61 of the Administrative
Code includes trailers pre-positioned in accordance with paragraph (C)(8) of
rule 3745-27-56 of the Administrative Code.] (c) The deposition of untreated or treated infectious
wastes into waters of the state, or 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
owner" means the person or business who purchased a new, retread, or used
tire for use on a wheel or rim. 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, that
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"
includes the state, any political subdivision of the state or other state or
local body, the United States and any agency or instrumentality thereof, and
any legal entity or organization defined as a person under section 1.59 of the
Revised Code, or other entity. (4) "Phase"
means a discrete area of a sanitary landfill facility, that 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) "Premises" means one of the
following: (a) Geographically contiguous property owned by the same
person. (b) Noncontiguous property that is owned by the same person and
connected by a right-of-way that the person controls and to which the public
does not have access. Two or more pieces of property that are geographically
contiguous and divided by one or more public or private right-of-way or
rights-of-way are a single premises. (6) "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. 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 facility. For the purposes of disposal, processed tires
are classified in accordance with the following: (a) Processed tires that are readily identifiable as scrap tires
or pieces of scrap tires by visual inspection are considered scrap
tires. (b) Processed tires that are not readily identifiable as scrap
tires or pieces of scrap tires by visual inspection when disposed are
considered solid waste rather than scrap tires. (c) Items manufactured from processed tires and scrap tire
material that is a by-product of a manufacturing process when disposed are
considered solid waste. (7) "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. (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 or
hydrogeology 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 converting solid waste that would otherwise be disposed and returning the
converted material to commerce as a commodity for use or exchange in an
established and legitimate market. Recycling is not reuse, storage, disposal,
or transfer. (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 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" has the same meaning as in rule 3745-30-01 of the
Administrative Code. (6) "Residual waste landfill
facility" or "residual waste landfill" has the same meaning as
in rule 3745-30-01 of the Administrative Code. (7) "Responsible
party" has the same meaning as in section 3734.041 of the Revised
Code. (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" or "solid waste landfill" 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 that 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 the tire is discarded. "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) At a retreading business, a retreadable casing that has been
inspected and individually labeled or marked as suitable for retreading and is
stored in an enclosed building or in a manner otherwise authorized by the
director. (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 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) 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) Exclusively stores scrap tires in portable
containers. (c) Consists of portable containers where the scrap tires are
stored and the aggregate volume of the portable containers 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"
includes but is not limited to the following: (a) A scrap tire collection facility. (b) A scrap tire storage facility. (c) A scrap tire recovery facility. (d) A scrap tire monofill facility. (e) A scrap tire monocell facility. (9) "Scrap tire generator"
means any person or business that generates scrap tires. Scrap tire generator
includes the original scrap tire generator and any business that removes tires
from vehicles and accepts scrap tires in the normal course of business,
including but not limited to 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 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. (12) "Scrap tire monofill
facility" means a type of monofill 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) "Mobile scrap tire recovery facility" means 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 any
unit for processing tires that is designed by the manufacturer for 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 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. (14) "Scrap tire storage area"
means the part of a premises including but not limited to the 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 includes
the portion 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) A "class I scrap tire storage facility" means
a scrap tire storage facility that has a permitted capacity of greater than ten
thousand square feet and limited to three acres of effective scrap tire
storage. (b) 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, on the
floor, or on the ground storage of scrap tires. (17) "Scrap tire submergence
facility" means a type of scrap tire monofill facility where only whole
scrap tires are submerged in water in an engineered structure. (18) "Scrap tire transporter" or
"transporter" means the registrant for a 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 one-tenth of the acceleration of gravity. (20) "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 the
following: (a) Ash generated during the firing of sewage sludge in a
sewage sludge incinerator. (b) Grit and screenings generated during preliminary
treatment of sewage in a treatment works. (c) Animal manure. (d) Residue generated during the treatment of animal
manure. (e) Domestic septage. (21) "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. (22) "Solid waste" has the same
meaning as in section 3734.01 of the Revised Code. (23) "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. (24) "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 are used as or intended to be used as fuel to produce energy, heat, or
steam. [Comment: A "solid waste energy recovery
facility" that exclusively uses scrap tires and other approved rubber
waste as fuel may be regulated as a "scrap tire recovery
facility."] (25) "Solid waste management
district" means a county that 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. (26) "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. (27) "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 that are accepted
incidental to a mixed solid waste shipment. (28) "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. (29) "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, has the same meaning as in section 3734.90 of the Revised
Code. "Tire" and "scrap tire" as used in this chapter are
not restricted to motor vehicle tires but include 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 is 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. [Comment: TDC is defined using the ASTM
"Standard Practice for Use of Scrap Tires in Civil Engineering
Applications," (D6270-17) (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 tires 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" for the purposes of infectious wastes means any method,
technique, or process that renders the wastes noninfectious including but not
limited to steam sterilization and incineration. Treat or treatment 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. Unstable areas 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) "Variance"
means an action of the director that alters or changes a requirement of a rule
adopted under Chapter 3734. of the Revised Code. (2) "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. 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 other bodies or
accumulations of water, surface and underground, natural or artificial,
regardless of the depth of the strata in which underground water is located,
that are situated wholly or partly within, or border upon, this state, or are
within its jurisdiction, except those private waters that do not combine or
effect a junction with natural surface or underground waters. (4) "Wetland"
has the same meaning as in rule 3745-1-02 of the Administrative
Code. (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 the following: (a) Any plant materials from residential trees and edible
gardens. (b) Brush. (c) Decorative plant materials that do not contain plastic,
metal, polystyrene or other non-compostable material, including but not limited
to any of the following: (i) Pumpkins or
gourds. (ii) Hay or straw
bales. (iii) Holiday
trees. (iv) Discarded or potted
flowers. (v) Wreaths. (vi) Grave
blankets. (d) Grass clippings. (e) Leaves. (f) Prunings from trees or shrubs. (g) Tree trunks and stumps. Yard waste does not include materials from
industrial processing, 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. (AA) Incorporation by
reference. The text of the incorporated materials is not included in this rule
but is hereby made a part of this rule. Only the specific version referenced in
this rule is incorporated. Any amendment or revision to a referenced document
is not incorporated until this rule has been amended to specify the new
version. The materials incorporated by reference are available as
follows: (1) Federal statutes. The
full text is available in electronic format at http://www.gpo.gov/fdsys. These
laws are also available for inspection and copying at most public libraries and
"The State Library of Ohio." Appropriate federal statutes listed in
this rule are those amended through January 2017 and include the
following: (a) Investment Company Act of 1940, 15 U.S.C. 80a-1 to
80a-64. (b) U.S.C. Title 11, Bankruptcy. (2) "Standard
Practice for Use of Scrap Tires in Civil Engineering Applications,"
(D6270-17), approved in 1998, re-approved in 2004 and 2012; amended in 2008 and
2017. Information and copies may be obtained by writing to: "ASTM
International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken,
Pennsylvania 19428-2959." These documents are available for purchase at
http://www.astm.org. (3) Centers for disease
control, "Universal Precaution System," 2017. The full text is
available in electronic format at:
https://www.cdc.gov/infectioncontrol/basics/standard-precautions.html.
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Rule 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. (B) For the purposes of this chapter,
"establish" or "establishment" of a sanitary landfill
facility or infectious waste treatment 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 chapter,
"modify" or "modification" means the
following: (1) A sanitary landfill
facility undergoing any of the following: (a) A substantial horizontal or vertical increase in the
limits of waste placement 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)(b) of this rule is applicable.] (b) Any change which may endanger human health or the
environment, including but not limited to a change to operation, technique of
waste receipt, type of waste received, or design or construction of the
facility, as determined by the director. (2) An infectious waste treatment
facility undergoing any of the following: (a) A substantial change in waste handling at the facility
including but not limited to the following: (i) Type of waste
received. (ii) Any change in the
facility's treatment technology or technologies. (b) An increase in the treatment capacity. 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. (3) A solid waste incinerator or solid
waste energy recovery facility undergoing the following: (a) Any substantial expansion of the waste handling
area. (b) Any substantial change to the location of the waste handling
area. (D) Exceptions. The following facilities
do not need to obtain a permit to install: (1) A solid waste
facility used for sewage sludge treatment or disposal when the treatment or
disposal is authorized by a current permit issued under Chapter 3704. or
Chapter 6111. of the Revised Code. (2) A municipal solid
waste landfill subject to the interim composite liner/leachate collection
system specifications pursuant to rule 3745-27-20 of the Administrative
Code. (3) An infectious waste
treatment facility owned or operated by the generator of the wastes who treats
wastes generated at any premises owned or operated by the
generator. (4) An infectious waste
treatment facility owned or operated by a hospital, as defined in section
3727.01 of the Revised Code, which treats any of the following: (a) Sharp wastes generated by a generator who has staff
privileges at that hospital and produces fewer than fifty pounds of infectious
wastes in any one month. (b) Wastes generated in providing care to a patient by an
emergency medical service organization, in accordance with section 4765.01 of
the Revised Code. (c) Wastes generated by an individual for purposes of the
individual's own care or treatment. (5) An infectious waste
treatment facility that holds a license to operate a crematory facility issued
in accordance with Chapter 4717. of the Revised Code and a permit issued in
accordance with Chapter 3704. of the Revised Code. (6) An infectious waste
treatment facility that 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 U.S.C Title 21. (b) Chapter 918. of the Revised Code. (c) Chapter 953. of the Revised Code. (7) A unit of a hazardous
waste facility subject to the hazardous waste facility installation and
operation permit specifications pursuant to Chapter 3734. of the Revised
Code. (8) A solid waste
facility that holds a current registration pursuant to Chapter 3734. of the
Revised Code and the rules adopted thereunder. (E) Permit to install
application. (1) A person proposing to
establish or modify a solid waste facility or infectious waste treatment
facility shall submit an application for a permit to install with accompanying
detail plans and specifications to the director as deemed necessary in order to
determine whether the criteria for approval have been met. (2) An 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) An applicant for a
permit to install, other than for a 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 to install with the director. (4) An application for a
permit to install shall be signed by either the owner or operator of the
facility and 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 a 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 signature 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 subject the
signatory to liability under those state laws forbidding false or misleading
statements. (6) Not later than thirty
days after 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, 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 shall be submitted to the director by the
owner or operator of a municipal solid waste landfill, industrial solid waste
landfill, or residual waste landfill. (F) A permit to install shall be issued,
modified, revoked, or denied and may be appealed in accordance with Chapters
3745-47 and 3745-49 of the Administrative Code and section 3734.09 of the
Revised Code. (G) Issuance of the permit to
install. (1) In deciding whether
to issue 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 to this rule. The director may
consult with other divisions or persons as the director deems
appropriate. (2) In deciding whether
to issue 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 to install 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 to install 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 by submitting to the
director a 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 rules
adopted under Chapter 3734. of the Revised Code. (3) The director may
establish a new termination date not to exceed twelve months of the current
effective date if the director 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 rules adopted under Chapter 3734. of the
Revised Code. (J) Administrative change to the permit
to install. An administrative change to the permit to install is an amendment
that does not result in a modification or alteration to the facility. A permit
to install 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 to install. Such changes
shall 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 to install.
The director may revoke a permit to install if any 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 to install upon original
application. (2) Fraud, deceit, or
misrepresentation in securing the permit to install 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, 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) Compliance with this rule does not
exempt any person from compliance with any other applicable law.
View Appendix
Last updated January 8, 2024 at 1:34 PM
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Rule 3745-27-03 | Exemptions and variances.
Effective:
April 22, 2019
(A) Chapters 3745-27, 3745-29, 3745-30
and 3745-37 of the Administrative Code shall not apply to the following
activities 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. The temporary storage of putrescible solid wastes in excess of seven
days, or temporary storage of any solid wastes where such storage causes a
nuisance or health hazard in the judgment of the health commissioner or the
director or their authorized representative shall be considered open
dumping. 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 a facility that treats infectious waste
pursuant to Chapter 3734. of the Revised Code. (6) A junk yard or scrap
metal processing facility licensed pursuant to Chapter 4737. of the Revised
Code, or a motor vehicle salvage business licensed pursuant to Chapter 4738. of
the Revised Code. This exemption does not apply to the management, use,
collection, storage, recovery, disposal, or beneficial use of scrap tires at a
junk yard, scrap metal processing facility, or motor vehicle salvage business,
and shall not be construed to include sites where open dumping or open burning
has occurred. (7) Pond and lagoon
operations regulated under Chapter 6111. of the Revised Code. (8) Sewage sludge
disposal, use, transportation or storage as approved under Chapter 6111. of the
Revised Code. (9) Land application of
the following solid wastes authorized under Chapter 6111. of the Revised
Code: (a) Agricultural waste for incorporation into soil as a
soil amendment or for agricultural or horticultural applications, provided that
all of the following conditions are met: (i) The agricultural
waste is limited to source-separated non-processed plant materials including
stems, leaves, vines, roots, and raw vegetables, fruits, and
grains. (ii) The agricultural
waste is land-applied exclusively on fields owned by the owner of the
agricultural production operation that generated the agricultural
waste. (iii) The land
application of the agricultural waste does not create a nuisance or health
hazard in the judgment of the health commissioner or the director. (b) Pulp or paper sludge from wastewater treatment
works. (c) Sawdust. (d) Compost product blended with a solid
waste. (e) Lime-based or gypsum-based waste including but not
limited to flue gas desulfurization sludge, lime kiln, or cement kiln
dust. (10) A combustion unit
permitted and operating under an air permit that uses solid wastes as fuels or
ingredients in accordance with 40 C.F.R. Part 241 and rule 3745-599-10 of the
Administrative Code. (11) Infectious wastes
generated on the premises of a single-family residence not utilized for
commercial purposes. (12) Infectious wastes
generated by individuals for the purposes of their own care or treatment that
are disposed of with solid wastes from the individual's
residence. (13) Tree stumps not
otherwise exempted by this rule or Chapter 3734. of the Revised Code that are
disposed in a licensed construction and demolition debris disposal
facility. (14) Controlled
substances handled in accordance with Chapters 4729. and 3719. of the Revised
Code or materials that have been ordered destroyed by a court of law that are
destroyed at facilities licensed for the treatment of infectious
waste. (15) Land application of
yard waste for incorporation into soil as a soil amendment, for agricultural or
horticultural applications, or for land reclamation, provided that such land
application does not create a nuisance or health hazard in the judgment of the
health commissioner or the director. (16) The disposal of
animals destroyed because of a dangerously infectious or contagious disease in
accordance with section 941.14 of the 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 or infectious wastes, or processing solid wastes that consist of
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. (C) Variances. (1) Any person may apply
for a variance from any provision of this chapter except for those adopted
under division (M) of section 3734.02 or section 3734.021 of the Revised
Code. (2) Applications for a
variance shall identify each provision for which the variance is requested and
shall contain information regarding the reason and justification for the
variance and any other information deemed appropriate by the director as
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 a 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
approve or deny an application for a variance or renewal of a variance not
later than six months after 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 approve 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
issue a variance only if the applicant demonstrates to the director's
satisfaction that construction, operation, closure activities, 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 requirement of Chapter 3704.,
3714., 3734. or 6111. of the Revised Code and any rules adopted
thereunder. (6) In issuing a
variance, the director shall comply with the applicable requirements of
division (A) of section 3734.02 of the Revised Code.
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Rule 3745-27-04 | Regulation of select wastes.
Effective:
January 1, 2017
(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 documents, 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 3745-29 in lieu 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
documents, 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 rules
3745-27-60 to 3745-27-75 of the Administrative Code. (D) For the purposes of this chapter and Chapter 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.
Last updated October 22, 2024 at 10:47 AM
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Rule 3745-27-05 | Applicability and relation to other laws.
Effective:
February 11, 2024
(A) Disposal of solid waste under Chapter
3734. of the Revised Code shall only be by the following methods or a
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) A request for an alternative disposal method authorization
shall provide the following information: (i) The name and address
of the applicant or the person responsible for the disposal, the generator, the
parcel number where disposal will occur, and the land owner. The applicant
shall certify that the application is true and complete. (ii) A 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) A waste
characterization. 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) The method of
alternative disposal and how the waste will be used or applied. (v) The quantity of solid
waste, rate of disposal, disposal timeframes, and the projected impact of
recurrent applications of wastes over time. (vi) A plan drawing of
the proposed limits for solid waste disposal. If Ohio EPA determines that
narrative or plan drawings are necessary to characterize the waste disposal
location and the surrounding environs to evaluate nuisance creation, harm to
human health or the environment, and the capability of complying with other
applicable laws, the applicant shall supply such information as a precondition
to further consideration of the request. (vii) A signed written
consent from the generator and land owner to the use of the solid waste in the
project and to the location of disposal. (viii) A 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) A 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) Any engineering information provided in the request shall be
signed and sealed by a professional engineer registered in the state of
Ohio. (c) Ohio EPA may require other such information deemed necessary
to determine that the activity will be in compliance with the applicable laws
and regulations administered by the director. (d) Signatures pursuant to paragraphs (A)(4)(a)(i),
(A)(4)(a)(iii) and (A)(4)(a)(vii) of this rule 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 a 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. (5) For technologically
enhanced naturally occurring radioactive material (TENORM), in accordance
Chapter 3734. of the Revised Code and the rules adopted
thereunder. (B) Solid waste disposal by means of open
burning shall be conducted in accordance with Chapter 3745-19 of the
Administrative Code. (C) A beneficial use byproduct that is
not a hazardous waste that is managed and beneficially used by placement on the
land in accordance with Chapter 3745-599 of the Administrative Code is not a
solid waste under Chapter 3734. of the Revised Code. (D) 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 responsible for the open dumping, the owner of the property, or the
person 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 or remediation of
ground water contamination resulting from the open dumping.] (E) Relation to other laws. No provision of Chapters 3745-27,
3745-30, and 3745-501 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.
Last updated June 17, 2024 at 8:41 AM
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Rule 3745-27-06 | Sanitary landfill facility permit to install application.
(A) A permit to install application
pursuant to 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 information in accordance with paragraphs (B) and (C)
of this rule 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 additional information 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) A permit to install application for a new sanitary landfill
facility, a new unit, or a permit to install application that is submitted in
response to division (A)(3) of section 3734.05 of the Revised Code shall
contain information in accordance with paragraphs (B) and (C) of this rule with
the exception of paragraph (B)(5)(d) of this rule. (b) A 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) 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) 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
geotechnical analysis, specified in paragraph (C)(3) of this rule. (vi) Geotechnical
analysis for bearing capacity, static stability, seismic stability and
settlement specified in paragraphs (C)(4)(b) to (C)(4)(e) and (C)(4)(g) 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) A 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) 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) The reports
specified in paragraphs (C)(1), (C)(2), (C)(3), and (C)(7) of this
rule. (iv) Geotechnical
analysis for hydrostatic uplift, bearing capacity, static stability, seismic
stability, settlement, and seepage piping failure specified in paragraphs
(C)(4)(a) to (C)(4)(f) 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) A 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) A 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 follow the format specified in paragraphs (B) and (C) of this
rule such that the director can determine if the criteria set forth in rule
3745-27-07 of the Administrative Code are satisfied. (3) When publicly
available information is specified in this rule, the applicant may use 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 rights-of-way and public lands of the area surrounding the proposed
sanitary landfill facility 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, such as a lack of
response to the written or oral survey.] (4) Engineering information included in
the permit to install application shall be signed and sealed by a professional
engineer registered in Ohio. (5) For regulatory review purposes, the
initial application and any subsequent revisions to the application, shall be
submitted in duplicate to Ohio EPA 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 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 Ohio EPA and a 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. (6) Concurrent to submitting the permit
to install application, the applicant shall also do the following: (a) For a new sanitary landfill facility, submit a disclosure
statement to the office of the attorney general in accordance with 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. and 6111. of the Revised
Code. (7) 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. (8) Upon issuance of the permit to
install, Ohio EPA 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. (9) 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 each unit 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 any
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 and operator 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 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 be on a series of plan drawings numbered consecutively 2A, 2B,
2C, etc. A scale of one inch equals no greater than two hundred feet shall be
used. 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. The plan drawings shall include the
following: (a) Plan drawings pursuant to 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, leachate storage structures, and leachate lift
stations. (iii) 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
survey marks. (vii) Each unit of the
sanitary landfill facility. (viii) The facility
boundary. (b) The following based on publicly available
information: (i) Zoning
classifications, property owners, and political subdivisions. (ii) Man-made potential
explosive gas migration pathways, including sewers, water lines, electrical
cables, and other underground utilities; field tiles; french drains; pipelines;
and other potential sources of explosive gas including oil wells, gas wells,
and other landfills. (iii) The limits of any
regulatory floodplains. (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) Public and private
water supply wells within two thousand feet of the limits of solid waste
placement. A scale insert may be used if necessary. (vii) The limits of
drinking water source protection areas for public water systems using ground
water that have been endorsed or delineated by Ohio EPA for a public water
supply. (viii) Faults that have
had displacement in Holocene time. (ix) Surface and
underground mining of coal and noncoal minerals with the angle of draw within
two thousand feet of the limits of solid waste placement using a scale insert
if necessary, and oil and gas wells. (x) The limits of
aquifers declared by the federal government under the "Safe Drinking Water
Act", 42 U.S.C 300f et. seq. (1974), to be a sole source
aquifer. (c) The limits of disturbance and the facility boundary. The
limits of disturbance include but are 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 items located within three hundred feet of the limits of solid waste
placement shall be on a series of plan drawings numbered consecutively 3A, 3B,
3C, etc. A scale of one inch equals no greater than two hundred feet shall be
used. Each plan drawing shall include the items specified in paragraph
(B)(2)(a) of this rule. 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. The plan drawings shall include the following: (a) 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. (b) The location of subsurface investigation sites, which are any
location where subsurface conditions are investigated by data collection or
evaluation, including but not limited to borings, test pits, monitoring wells,
piezometers, tensiometers, geophysical survey stations, and soil gas survey
stations; and proposed ground water monitoring wells. (c) Potentiometric maps of the uppermost aquifer system and
significant zones of saturation above the uppermost aquifer system. More than
one plan sheet may be used. (d) The location of any permanent ground water control
structures. (e) The location of any existing or proposed explosive gas
control system. (f) A diagram showing the phases of the sanitary landfill
facility. (g) The location of any monocells or monofills. [Comment: Scrap tires and secondary aluminum
waste are only authorized for disposal at a sanitary landfill facility in a
monofill or monocell. The applicant may opt to segregate other waste
streams.] (h) The land set aside for leachate treatment or pretreatment
facilities pursuant to paragraphs (K)(5) and (K)(6) of rule 3745-27-19 of the
Administrative Code. (4) Plan drawings for the
entire sanitary landfill facility shall be on plan drawings numbered
consecutively 4A, 4B, 4C, etc. A scale of one inch equals no greater than two
hundred feet and contour intervals of 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 shall be used. The plan drawings shall show the boundaries
and elevation and include the following: (a) The horizontal and vertical limits of excavation proposed in
the permit to install application, including any areas where added geologic
material is necessary to comply with the isolation distance requirement in rule
3745-27-07 of the Administrative Code. (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, including
any leachate storage structures and leachate lift stations proposed in the
permit to install application. (d) The horizontal limits and top and bottom elevations of
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 does not have survey results, the
applicant shall provide justification of the limits shown in the permit to
install application. If the authorizing document 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
necessary, its horizontal limits and top and bottom elevations. (f) The horizontal limits and top and bottom elevations of the
composite cap system the surface water control structures including permanent
ditches to control run-on and runoff and sedimentation ponds showing the inlet
and outlet, and any permanent ground water control structures proposed in the
permit to install application. (g) An established grid system with northings and eastings not
more than five hundred feet apart. (5) Cross sections on
plan drawings numbered consecutively 5A, 5B, 5C, etc. shall clearly show the
horizontal and vertical scale used and include the following: (a) The hydrogeology at a sanitary landfill facility intercepted
by borings or other subsurface investigation methods that show 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) The bottom of any
subsurface leachate storage structures or leachate lift stations. (vi) Geologic stratigraphy and significant zones of saturation
corresponding to information from the subsurface investigation. (vii) The uppermost aquifer system and saturated stratigraphic
units above the uppermost aquifer system. (viii) Subsurface investigation logs, monitoring well construction
diagrams, and piezometer construction diagrams intercepted by the
cross-section. (ix) 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, top elevations, and bottom elevations of existing waste and proposed
areas of waste placement. (iv) The horizontal
limits, top elevations, and bottom elevations of the proposed composite cap
system. (d) If the permit to install application is for a vertical
expansion, 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 of the sanitary landfill
facility. Each plan drawing numbered consecutively 6A, 6B, 6C, etc. shall show
the phase, previously operated phases, the grid system established in
accordance with paragraph (B)(4)(g) of this rule, and the
following: (a) The location of the following to be installed prior to
accepting waste in the depicted phase. (i) Ground water
monitoring wells. (ii) Piezometers. (iii) Explosive gas
permanent monitors, punch bar stations, and alarms. (iv) Leachate collection
and management structures. (v) Surface water control
structures. (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; 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 to the composite liner
system. (d) 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,
including leachate lift stations. (vi) Storage tanks and
leachate ponds. (e) Permanent ground water control structures, if
applicable. (f) Ground water monitoring well and piezometer
construction. (g) Explosive gas control system elements. (h) Separatory liner/leachate collection systems, if
applicable. (i) Monocell or monofill separatory structures, if
applicable. (j) Sedimentation pond and discharge structures and surface water
run-on and runoff control structures. (k) Other necessary details including but not limited to
structural fill for berms and subbase, gas collection layer, 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 as specified in rules 3745-27-02 and
3745-27-07 of the Administrative Code. The demonstration shall include a
discussion of the current and previous owner's and current and previous
operator's compliance with any authorizing document applicable to the
facility, the facility's limits of waste placement, the location
restriction demonstrations, and operational criteria. (2) Variance and
exemption requests. Any variance or exemption requests from the requirements
contained in rules 3745-27-07 to 3745-27-12, 3745-27-14 to 3745-27-16,
3745-27-19, or 3745-27-20 of the Administrative Code. (3) Site investigation. A
hydrogeologic and geotechnical site investigation report, which shall include
at a minimum 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
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 rules 3745-27-07 and 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 geotechnical 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. At a minimum, the description shall include the
following: [Comment: Publicly available information
regarding unstable areas is placed in a separate section located in the
geotechnical analysis in paragraph (C)(4) of this rule.] (i) The identification
and average yield of the regional aquifer system. (ii) The direction of
ground water flow in the regional aquifer system. (iii) The identification
of recharge and discharge areas of the regional aquifer system. (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,
floodplains, 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 the type,
mining method, location, depth, and status of the mine. (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 the type, location, depth, and status of the
well. (iv) A letter from the
United States army corps of engineers agreeing with the wetland delineation,
depicted on the plan drawing with the information pursuant to paragraph
(B)(2)(a)(iv) of this rule, including confirmation of any isolated wetlands or
if no wetlands are present. (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.
At a minimum, the description and analysis shall include the
following: [Comment: This information may also be used
in the geotechnical analysis pursuant to 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) The following
characteristics, composition, and features: (i) For unconsolidated
stratigraphic units, the textural classification in accordance with ASTM
D2487. (ii) For consolidated
stratigraphic units, the rock type such as limestone, dolomite, coal, shale,
siltstone, or sandstone. (iii) Color. (iv) Moisture
content. (v) Stratigraphic
features such as layering, interbedding, or weathering. (vi) Structural features
such as fracturing or jointing. (vii) Visible accessory
minerals such as pyrite, calcite, or gypsum. (viii) 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 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 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. (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. (v) If the applicant
chooses, a site specific justification based on evidence gathered in accordance
with paragraph (C)(3)(b) of this rule, that an unconsolidated aquifer system
capable of sustaining a yield of one hundred gallons per minute for a
twenty-four-hour period is not located beneath the facility. (e) A description and quantification of the ground water quality
of the uppermost aquifer system and 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 used to prepare the site
investigation report narrative in accordance with paragraphs (C)(3)(b),
(C)(3)(d) and (C)(3)(e) of this rule and the geotechnical analyses in
accordance with paragraph (C)(4) of this rule. The 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 geotechnical and design issues.] (i) Publicly available
information collected and used to prepare the site investigation report
narrative in accordance with paragraph (C)(3)(b) of this rule and the plan
sheets in accordance with paragraph (B)(2) of this rule. At a minimum, publicly
available information includes the following: (a) 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 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
shall be used to prepare the site investigation report narrative in accordance
with 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 pursuant to this paragraph may be combined
with the subsurface investigation conducted to provide the information pursuant
to paragraph (C)(3)(f)(v) of this rule.] (a) The northing and
easting location coordinates of the subsurface investigation site. (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 in accordance with
ASTM D2487. (ii) Color. (iii) Moisture
content. (iv) Stratigraphic
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) A construction
diagram of each monitoring well and piezometer. At a minimum, the diagram 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
construction materials and depth intervals for construction
materials. (iv) Data gathered by
sampling and analyzing the ground water from the uppermost aquifer system and
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 to rule 3745-27-10 of the Administrative Code. (v) Information collected
at the site and used to prepare the geotechnical analysis in accordance with
paragraph (C)(4) of this rule. This information shall be presented on logs
appropriate for the subsurface investigatory method used. The subsurface
investigatory method 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 that 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)(h) 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 pursuant to this paragraph may be combined
with the subsurface investigation conducted to provide the information pursuant
to 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 in accordance with
ASTM D2487. (ii) Color. (iii) Moisture
content. (iv) Stratigraphic
features such as layering, interbedding, or weathering. (v) For fine-grained
unconsolidated units, 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 in accordance with ASTM D1586, plus the corrected and
normalized standard penetration number or results from mechanical cone
penetration testing in accordance with ASTM D3441. (vi) Laboratory analysis
on representative samples of each unconsolidated stratigraphic units under the
facility down to a minimum of fifty feet below the proposed depths of
excavation. The information shall be used to prepare the geotechnical analysis
in accordance with 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. (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, in
accordance with ASTM D2850, ASTM D4767, or ASTM D6467. (h) For unconsolidated
stratigraphic units susceptible to static stability failure or seismic
stability failure, the effective shear strength in accordance with ASTM D4767
or ASTM D6467. (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 determined in accordance with ASTM D2850. (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) Representative
samples of each unconsolidated stratigraphic units susceptible to seepage
piping failure be tested in accordance with ASTM D4647. Units susceptible to
seepage piping failure include those located within fifteen feet of the
proposed depths of excavation and those located where the piezometric surface
of an aquifer or a zone of significant saturation is higher than the depth of
excavation. (viii) 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 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
significant zones of saturation above the uppermost aquifer system, including
the following: (a) Well and piezometer
construction specifications. (b) Water level
measurement. (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) Geotechnical
analysis. The following analyses shall provide sufficient information to allow
Ohio EPA to 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 derived in
accordance with paragraph (B)(3)(c) of this rule and the horizontal and
vertical limits of excavation derived in accordance 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 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 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, 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 Ohio EPA for each of the critical cross sections. (ix) The actual
calculations 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 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 Ohio EPA. (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, 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 Ohio EPA for each of the critical cross
sections. (ix) The actual
calculations 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 or computer output. (f) The seepage piping failure analyses where the piezometric
surface of an underlying aquifer or zone of saturation is above the in situ
foundation, added geologic material, and recompacted soil liner shall include
the following for the relevant layer: (i) The scope, extent,
and findings of the subsurface investigation conducted in accordance with
paragraph (C)(3) of this rule pertaining to seepage piping failure through in
situ foundation. (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 likelihood of seepage piping failure through in
situ foundation or added geologic material or recompacted soil
liner. (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 considers 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 derived in
accordance with paragraph (B)(3)(d) of this rule and the horizontal and
vertical limits of excavation derived in accordance 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 or computer output. (g) 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 or computer output. (h) A description, based on publicly available information, of
any of the following unstable areas within one mile of the limits of solid
waste placement. If the sanitary landfill facility is located in an unstable
area, the applicant shall provide an analysis that the structural components
will maintain their integrity based on the findings of the subsurface
investigation conducted in accordance with paragraph (C)(3) of this
rule. (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. (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, the anticipated life of the sanitary landfill facility
in years, the gross volume of each unit in cubic yards, and the anticipated
life of each unit in years. (b) If a geotextile cushion layer is necessary to protect the
flexible membrane liner from puncture and excessive strain due to the force
exerted on the granular drainage layers, calculations for mass per unit area of
the geotextile cushion layer accounting for the weight of the overlying waste
mass. (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 of the sanitary landfill facility in accordance
with rule 3745-27-14 of the Administrative Code. (ii) A separate estimate
for each noncontiguous unit 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 a proposed new unit, the location restriction
demonstrations in accordance with rule 3745-27-20 of the Administrative
Code. (7) Construction
information. A 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 pursuant to
paragraphs (D)(10) and (D)(13) of rule 3745-27-08 of the Administrative
Code. (c) Compaction equipment slope limitations. (8) Operational
information. The following statements, which if modified, could require a
permit: (a) The authorized maximum daily waste receipt requested for the
sanitary landfill facility. (b) The technique of waste receipt including but not limited to
acceptance of baled waste or loose waste. (c) The 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 (1984) or construction and demolition
debris. (d) The 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) The ground water monitoring plan for detection monitoring in
accordance with rule 3745-27-10 of the Administrative Code. (b) The explosive gas monitoring plan in accordance with 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 and the
testing frequency, parameters, and sample locations. Sampling and testing
procedures shall include but not be limited to the following: (a) Testing pursuant to
rule 3745-27-08 of the Administrative Code. (b) Testing necessary due
to design requirements. (c) Voluntary
testing. (iv) Installation
procedures and installer qualifications. [Comment: Installer qualifications for
flexible membrane liner are found in paragraph (D)(10)(e) of rule 3745-27-08 of
the Administrative Code.] (v) 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. The application 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. (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 that propose to locate
the sanitary landfill facility in wetlands shall include a copy of a
certification and permit approved in accordance with section 401 and 404 of the
"Clean Water Act" 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.
Last updated April 5, 2024 at 8:06 AM
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Rule 3745-27-07 | Additional criteria for approval of sanitary landfill facility permit to install applications.
Effective:
January 1, 2021
(A) General criteria. The director shall
not approve a 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 this chapter, and with
the terms and conditions of the permit. (3) The applicant, or
person 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., 3714., 3734., 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 applicant meets the requirements
of sections 3734.40 to 3734.44 of the Revised Code and rules adopted
thereunder. (5) Disposal of secondary
aluminum waste will occur only in a monocell or monofill that has been
permitted for that purpose. Secondary aluminum waste is defined in division (O)
of section 3734.02 of the Revised Code. (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 unless the director determines that
the application conforms to the appropriate paragraphs of rule 3745-27-08 of
the Administrative Code as follows: (1) Proposed new unit of
a new landfill or proposed new unit contiguous or noncontiguous to an existing
landfill shall comply with paragraphs (B) to (D) of rule 3745-27-08 of the
Administrative Code. [Comment: This requirement does not apply to a
new unit designated on June 1, 1994 that is within a previously authorized fill
area. Construction in an existing unit and new unit designated as of June 1,
1994, must be in accordance with the applicable authorizing document, including
a plan approval, operational report, or permit to install. See paragraph (C) of
rule 3745-27-19 of the Administrative Code. Unfilled areas of an existing unit
and new unit 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) At a minimum, a
proposed vertical expansion shall comply with the following: (a) If the expansion is above the authorized fill area of the
sanitary landfill facility, paragraphs (B)(1)(a) and (B)(1)(e) to (B)(1)(h),
paragraph (B)(2) as applicable, paragraph (B)(3) as applicable, paragraphs
(C)(1)(c) and (C)(1)(d) as applicable, (C)(2) as applicable, paragraphs (C)(4)
to (C)(7), and paragraphs (D)(1) to (D)(3), (D)(11), (D)(13)(b) to (D)(13)(d),
and (D)(18) to (D)(25) of rule 3745-27-08 of the Administrative
Code. (b) Paragraphs (B) to (D) of rule 3745-27-08 of the
Administrative Code if the vertical expansion is below the authorized fill area
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 shall 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) A permit to install application
exclusively requesting a change in technique of waste receipt, type of waste
received, or type of equipment used need not comply with rule 3745-27-08 of the
Administrative Code. (5) A permit to install application
exclusively requesting a change in the authorized maximum daily waste receipt
and submitted pursuant to paragraph (E) of this rule need not comply with rule
3745-27-08 of the Administrative Code. (6) Other modifications of a sanitary
landfill facility shall comply with the applicable paragraphs of rule
3745-27-08 of the Administrative Code. (D) [Reserved.] (E) Additional criteria for authorized
maximum daily waste receipt increase applications. The director shall not
approve a permit to install application for a permanent change in the
authorized maximum daily waste receipt 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. At a minimum, an adequate
demonstration for a sanitary landfill facility includes 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 authorized maximum daily waste receipt must satisfy the
criteria specified in rule 3745-37-14 of the Administrative Code.] (F) Applicability of location restriction
demonstrations to a proposed new unit. A permit to install application for a
proposed new unit shall not be approved 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. (G) Applicability of siting criteria. 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. 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 that is authorized by a permit
to install, plan approval, operational report, or other authorizing document to
accept solid waste as of the date of submittal of the permit to install
application for a new unit. Applicability of siting criteria is as
follows: (1) Operation changes. A permit to
install application that exclusively proposes a substantial change in technique
of waste receipt, 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. (2) Authorized maximum daily waste
receipt increase. A permit to install application that exclusively proposes a
change in the authorized daily waste receipt limit for the sanitary landfill
facility need not comply with the criteria specified in paragraph (H) of this
rule. (3) Other modification permits. A permit
to install application that incorporates a modification of the sanitary
landfill facility that 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. (4) Vertical expansion. (a) For the proposed vertical expansion and all waste within the
vertical projection above or below the proposed vertical expansion, the
criteria specified in paragraph (H) of this rule apply except for paragraph
(H)(4) of this rule. (b) For the areas of the authorized fill area that are contiguous
to the proposed vertical expansion but that are not directly above or below the
proposed vertical expansion, the following apply: (i) Paragraph (H)(1) of
this rule. (ii) Paragraph (H)(2) of
this rule. [Comment: See diagram 1 in appendix I to 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
for the facility. Filling may continue in the authorized fill area in
accordance with the applicable authorizing document.] (5) Proposed new unit. A proposed new
unit of a sanitary landfill facility shall meet all of the criteria specified
in paragraph (H) of this rule. The director may approve the application for one
or more noncontiguous proposed new units that meet the criteria specified in
paragraph (H) of this rule, even if other proposed new units do not meet the
criteria specified in paragraph (H) of this rule. [Comment: If a proposed new unit is an
expansion to the authorized fill area of an existing landfill, see paragraph
(G)(6) of this rule for the applicability of siting criteria to the authorized
fill area of the existing landfill.] (6) Authorized fill area contiguous or
noncontiguous to a proposed new unit. (a) Noncontiguous authorized fill area. When evaluating a
proposed new unit, the criteria specified in paragraph (H) of this rule do not
apply to an authorized fill area that is noncontiguous with the new unit
proposed in the permit to install application. [Comment: For a permit to install application
proposing a new unit at the facility that is not contiguous to the the current
authorized fill area, all siting criteria would apply to the new unit and no
siting criteria would apply to the authorized fill area. See diagram 2 in
appendix I to this rule.] (b) Contiguous authorized fill area. For a permit to install
application that includes a proposed contiguous new unit without a vertical
expansion above or below some or all of the authorized fill areas, paragraphs
(H)(1) and (H)(2) of this rule apply to the authorized fill area contiguous to
the new unit. (c) Contiguous new unit, authorized fill area, and vertical
expansion. For a permit to install application that includes a proposed
contiguous new unit and a vertical expansion above or below some or all of the
authorized fill area, the following apply: (i) For the vertical
expansion component of the permit to install application, paragraph (G)(4) of
this rule. (ii) For the proposed new
unit component of the permit to install application and the authorized fill
area, paragraph (G)(5) of this rule. [Comment: See diagram 3 in appendix I to
this rule. If the vertical expansion component does not meet the criteria
specified in paragraph (G)(4) of this rule, then the applicant may consider
revising the application to meet the requirements specified in paragraph
(G)(6)(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. (a) 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: (i) National park or recreation area. (ii) Candidate area for potential inclusion in the national
park system. (iii) State park or established state park purchase
area. (iv) Any property that
lies within the boundaries of a national park or national recreation area but
that has not been acquired or is not administered by the secretary of the
United States department of the interior. (b) 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 and the designated authority of the areas identified 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 the areas identified in paragraph (H)(1) of this rule.] (c) Paragraph (H)(1)(a) of this rule shall not apply to a
sanitary landfill facility located within a park or recreation area that
exclusively disposes of wastes generated within the park or recreation
area. (2) Ground water aquifer
system protection. (a) Sand or gravel pit. The limits of solid waste placement of
the sanitary landfill facility and any subsurface leachate storage structure or
leachate lift station are 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 of sand
or gravel resulting from the construction of the sanitary landfill
facility. (b) Limestone or sandstone quarry. The limits of solid waste
placement of the sanitary landfill facility and any subsurface leachate storage
structure or leachate lift station are 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 limits of solid waste placement of
the sanitary landfill facility and any subsurface leachate storage structure or
leachate lift station are not located above an aquifer declared by the federal
government under the "Safe Drinking Water Act," 42 U.S.C 300f et.
seq., 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
limits of solid waste placement of the sanitary landfill facility and any
subsurface leachate storage structure or leachate lift station are not located
above an unconsolidated aquifer system capable of sustaining a yield of one
hundred gallons per minute for a twenty-four-hour period within one thousand
feet of the limits of solid waste placement or any subsurface leachate storage
structure or leachate lift station. (e) Isolation distance. The isolation distance between the
uppermost aquifer system and the following are not less than fifteen feet,
without accounting for compression or consolidation, of in-situ or added
geologic material constructed in accordance with rule 3745-27-08 of the
Administrative Code: (i) The basal elevation
of the liner system. (ii) The basal elevation
of any subsurface leachate storage structure or leachate lift
station. (3) Ground water
setbacks. (a) Drinking water source protection area for a public water
supply using ground water. The limits of solid waste placement of the sanitary
landfill facility and any subsurface leachate storage structure or leachate
lift station are not located within a drinking water source protection area for
a public water supply using ground water. (b) Underground mine. The limits of solid waste placement of the
sanitary landfill facility and any subsurface leachate storage structure or
leachate lift station are not located within an area of potential subsidence
due to an underground mine in existence on the date of receipt of the permit to
install application by Ohio EPA unless the potential impact due to subsidence
is minimized. The area of potential subsidence due to an underground mine is
the area defined by the angle of draw, extending from the underground mine to
where the angle of draw intercepts the ground surface. The angle of draw shall
not be less than fifteen degrees. [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 and any subsurface leachate
storage structure or leachate lift station 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. 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. This paragraph does not apply if 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
alternative 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 not less than 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: Constructing a landfill with a
composite bottom liner system or an active gas management system are 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 naturally occurring hydrogeologic
barrier. (iv) The water supply
well or developed spring was constructed and is used solely for monitoring
ground water quality. (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 history connection 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 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 and any leachate pond 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 and any subsurface leachate
storage structure 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.
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Rule 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 sanitary landfill 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. (B) Engineered components for a sanitary
landfill facility. The owner or operator shall incorporate the following
engineered components in the design and construction of a sanitary landfill
facility: (1) At a minimum, a
sanitary landfill facility shall include the following: (a) A survey mark. (b) A prepared in-situ foundation. (c) A composite liner system that includes the
following: (i) A recompacted soil
liner or a recompacted soil liner below a geosynthetic clay 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. (vi) Alternative
components to those identified in paragraphs (B)(1)(d)(i) to (B)(1)(d)(v) of
this rule if the owner or operator demonstrates to the satisfaction of Ohio EPA
that the leachate collection and management system meets the requirements of
paragraph (C)(3) of this rule. (e) Surface water control structures including sedimentation
ponds. (f) A composite cap system that includes the
following: (i) A soil barrier layer
or a geosynthetic clay liner above a subbase. (ii) A flexible membrane
liner. (iii) A drainage
layer. (iv) A cap protection
layer. (v) Alternative
components to those identified in paragraphs (B)(1)(f)(i) to (B)(1)(f)(iv) of
this rule if the owner or operator demonstrates to the satisfaction of Ohio EPA
that the cap system meets the requirements of paragraph (C)(4) of this
rule. (g) An explosive gas control system. (h) Access roads. (2) Supplemental
engineered components that may be necessary to address site specific conditions
including but 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 structures, if there is no permitted
discharge to a public sewer system or a permitted waste water treatment
system. (f) Separatory liner/leachate collection systems that 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) Monocell or monofill separatory structures. (h) A gas collection system. (3) Optional engineered
components that an owner or operator may propose for use in a sanitary landfill
facility including but not limited to 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 pursuant to 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 per cent slope
in all areas, except along flow lines augmented by leachate collection pipes,
after accounting for one hundred per cent of the primary consolidation
settlement and the secondary consolidation settlement of the compressible
materials beneath the facility. Compressible material 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 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 per cent of the primary consolidation
settlement and the secondary consolidation settlement of the compressible
materials beneath the facility. Compressible material 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 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 per cent 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 necessary minimum slope. (3) The leachate
collection and management system shall be designed to do the
following: (a) Incorporate adequate measures that will automatically remove
leachate from the landfill to a leachate storage structure, a permitted
discharge to a public sewer, or a permitted waste water treatment system, and
to facilitate the treatment or transfer of leachate from any storage structure
for the purpose of disposal. (b) Ensure any components located outside of the limits of solid
waste placement are no less protective of the environment than the sanitary
landfill facility. (c) Ensure either the selection and specifications for the
materials that will make up the leachate collection layer are protective of the
flexible membrane liner, or include a liner cushion layer. (d) Ensure the composite liner system is protected from the
intrusion of objects during construction and operation. (e) Ensure any geosynthetic materials have pre-construction
interface testing performed in accordance with paragraph (G) of this
rule. (f) Ensure components of the leachate collection system are
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 system. (g) Ensure the leachate collection system is designed to minimize
clogging. (h) Ensure the selected materials are physically and chemically
resistant to attack by the solid waste, leachate, or other materials with which
they may come into contact. (i) 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. (j) Have at least a 0.5 per cent grade for the leachate
collection pipes after accounting for one hundred per cent 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 per cent 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) Final surfaces of the
landfill consisting of soil shall meet the following: (a) Have a maximum projected erosion rate of five tons per acre
per year. (b) Be constructed with best management practices for erosion
control. (c) Have sufficient fertility in the uppermost portion to support
vegetation. (d) Be constructed in a manner such that healthy grasses or other
vegetation can form a complete and dense vegetative cover not later than one
year after placement. (6) If applicable, the design of the
explosive gas control system may use a passive venting system or an active
extraction system to satisfy air pollution control requirements and shall be
designed to maintain explosive gas concentrations outside the limits of waste
placement below the explosive gas threshold limits identified in rule
3745-27-12 of the Administrative Code. (7) The design of all geosynthetic
materials specified in the engineered components including but not limited to
flexible membrane liners, geosynthetic clay liners, and geocomposite drainage
layers, shall not rely on any of the tensile qualities of these geosynthetic
components. This paragraph does not apply to geosynthetics used to mechanically
stabilize embankments. (8) The design of the excavation,
engineered components, and the waste mass shall consider all configurations
throughout the applicable developmental and post closure care periods and 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. For slopes containing
geosynthetic interfaces placed at grades greater than 5.0 per cent, large
displacement shear strength conditions shall be used for any soil to
geosynthetic or geosynthetic to geosynthetic interfaces. For geosynthetic to
geosynthetic interfaces, use the large displacement shear strength of the
geosynthetic with the lowest peak shear strength. [Comment: Ohio EPA considers any failure
that occurs through a material or along an interface that is loaded with more
than one thousand four hundred forty 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 drained conditions. [Comment: Peak shear strengths can be used
for most shallow failure modes.] (d) The factor of safety for static slope stability shall not be
less than 1.30 using two dimensional limit equilibrium methods or another
factor of safety using a method acceptable to the director when assessed for
deep seated translational and deep seated rotational failure mechanisms of
internal slopes, interim slopes, and final slopes for undrained conditions
resulting from loading or unloading of the slopes. The analysis shall assume
that the weight of the material is loaded or unloaded all at one time without
time for pore pressure dissipation. Alternatively, if the facility is designed
using staged loading calculations, the analysis shall assume that the weight of
the material is loaded or unloaded all at one time at the end of stage
construction. (e) The factor of safety for seismic slope stability shall meet
the following: (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 shall comply
with one of the following: (a) Have a factor of
safety of not less than 1.00 using two or three dimensional limit equilibrium
methods. For slopes containing geosynthetic interfaces placed at grades greater
than 5.0 per cent, large displacement shear strength conditions shall be used
for any soil to geosynthetic or geosynthetic to geosynthetic interfaces. For
geosynthetic to geosynthetic interfaces, use the large displacement shear
strength of the geosynthetic with the lowest peak shear strength. (b) The calculated
deformations are limited to fifteen centimeters. For slopes containing
geosynthetic interfaces, large displacement shear strength conditions shall be
used for any soil to geosynthetic or geosynthetic to geosynthetic interfaces.
For geosynthetic to geosynthetic interfaces, use the large displacement shear
strength of the geosynthetic with the lowest peak shear strength. (ii) Shallow
translational and shallow rotational failure mechanisms of final slopes for
drained conditions shall comply with one of the following: (a) The factor of safety
for shall not be less than 1.00 using two or three dimensional limit
equilibrium methods. (b) The calculated
deformations are limited to thirty centimeters. For slopes containing
geosynthetic interfaces, large displacement shear strength conditions shall be
used for any soil to geosynthetic or geosynthetic to geosynthetic interfaces of
the geosynthetic with the lowest peak shear strength. (f) The factor of safety against liquefaction shall not be less
than 1.00 for internal slopes, interim slopes, and final slopes. (g) 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.] (9) Assumptions used in
the performance analyses in paragraph (C)(8) of this rule shall be used to
establish the minimum specifications and materials for construction of the
sanitary landfill facility. (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) Survey marks. At
least one permanent survey mark shall be established prior to any construction
and within easy access to the limits of solid waste placement and in accordance
with the following: (a) Be referenced horizontally to the North American datum, or
state plan coordinate system and vertically to the North American vertical sea
level datum as identified by the national geodetic survey. (b) To 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, including a corrosion resistant metallic disk that indicates
horizontal and vertical coordinates of the survey mark, and contains a magnet
or ferromagnetic rod to allow identification through magnetic detection
methods. (c) Survey control standards for the survey marks shall have a
minimum horizontal distance accuracy of one foot horizontal to two thousand
five hundred feet horizontal and a minimum vertical accuracy of one inch to
five thousand feet horizontal. (2) 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) Sedimentation ponds.
Sedimentation ponds shall comply with the following: (a) Have a minimum storage volume, excluding sediment volume,
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, which 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) Have a principal spillway that safely discharges the flow
from a ten year, twenty-four hour storm event using non-mechanical
means. (c) Have an inlet elevation of the emergency spillway to 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) Have the combination of principal and emergency spillways to
safely discharge the flow from a one hundred year, twenty-four hour storm event
using non-mechanical means. (e) Have an embankment design that provides for no less than one
foot net freeboard when flow is at the design depth, after allowance for
embankment settlement. (4) Ground water control
structures. (a) 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. No permanent ground
water control structures shall 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. (b) For purposes of controlling ground water infiltration until
sufficient load has been placed in all locations across the facility such that
a 1.40 factor of safety for hydrostatic uplift is achieved, a pumping system of
a temporary ground water control structure shall include a high-level alarm set
at an elevation no higher than the base of the recompacted soil liner being
protected by the temporary ground water control structure. (5) 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) Be resistant to internal erosion. (g) Have quality control testing of any stratigraphic units that
have not been anticipated and that are more susceptible to slope failure or
seepage piping failure than the stratigraphic units that were tested and
reported in the permit to install. This testing shall be at a frequency of
three tests per unit and in accordance with the following: (i) For the effective
shear strength of each unconsolidated stratigraphic unit that may be
susceptible to slope failure and the recompacted soil liner, determined in
accordance with ASTM D3080, ASTM D4767, or ASTM D6467. (ii) For the undrained
shear strength of all applicable unconsolidated stratigraphic units using fully
saturated samples, determined in accordance with ASTM D2850 or ASTM
D4767. (iii) For the resistance
to internal erosion of each unconsolidated stratigraphic unit that may be
susceptible to seepage piping failure, determined in accordance with ASTM
D4647. Units susceptible to seepage piping failure include those located within
fifteen feet of the proposed depths of excavation and those located where the
piezometric surface of an aquifer or a zone of significant saturation is above
the depth of excavation. (6) Structural fill. Rock
fills or soil fills used in structural berms 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 in accordance with ASTM D698 or ASTM D1557 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 per cent of the maximum dry density determined in accordance
with ASTM D698 or at least ninety per cent of the maximum dry density
determined in accordance with ASTM D1557. (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 in
accordance with ASTM D6938, ASTM D1556, ASTM D2167, or other methods acceptable
to Ohio EPA 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) 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, deleterious material,
and not contain large objects in such quantities as may interfere with the
application and intended purpose. (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) 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 in accordance with ASTM D698, or ASTM
D1557 at a frequency of no less than once for every ten thousand cubic
yards. (ii) The recompacted
laboratory permeability is a maximum of 1.0 X 10-5 cm/sec in accordance with ASTM D5084 tested
at a frequency of no less than once for every ten thousand cubic yards. This
paragraph does not apply if the soil is classified as a low plasticity clay
(CL), a silty clay (ML-CL), a high plasticity clay (CH), a clayey sand (SC) or
a clayey gravel (GC) in the "Unified Soil Classification System" as
described in ASTM D2487. (iii) The grain size
distribution in accordance with ASTM D6913 and D7928 at a frequency of no less
than once for every three thousand cubic yards. (iv) Atterberg limits in
accordance with ASTM D4318 at a frequency of no less than once for every three
thousand cubic yards. (v) If the piezometric surface of an underlying aquifer or a zone
of significant saturation is above the top of the added geologic material, the
dispersive clay soils classification by pinhole test in accordance with ASTM
D4647 at a frequency of no less than once for every fifty thousand cubic
yards. (f) 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 per cent of the maximum dry density determined in accordance
with ASTM D698 or at least ninety per cent of the maximum dry density
determined in accordance with ASTM D1557. (iv) Be placed with a
soil moisture content that is not be less than two per cent below or more than
four per cent above the optimum moisture content determined in accordance with
ASTM D698 or ASTM D1557. (v) If the piezometric surface of an underlying aquifer or a zone
of significant saturation is above the top of the added geologic material, the
added geologic material be classified as slightly dispersive (ND3) or
nondispersive (ND2, ND1) determined in accordance with ASTM D4647. (g) Be determined to have adequate strength to satisfy bearing
capacity and slope stability strength requirements. (h) Have quality control testing of the constructed lifts
performed to determine the density and moisture content in accordance with ASTM
D6938, ASTM D1556M, ASTM D2167, or other methods acceptable to Ohio EPA 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) Recompacted soil
liner. The recompacted soil liner shall comply with the following: (a) Have a minimum thickness as follows: (i) Three
feet. (ii) Two feet when used
in conjunction with a geosynthetic clay liner that meets the specifications in
paragraph (D)(9) of this rule. (iii) Two feet 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 not 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 in accordance with ASTM D698, or ASTM
D1557 at a frequency of no less than once for every one thousand five hundred
cubic yards. (ii) The grain size
distribution in accordance with ASTM D6913 and ASTM D7928 at a frequency of no
less than once for every one thousand five hundred cubic yards. (iii) The atterberg
limits in accordance with ASTM D4318 at a frequency of no less than once for
every one thousand five hundred cubic yards. (iv) The recompacted
laboratory permeability in accordance with ASTM D5084 at a frequency of no less
than once for every ten thousand cubic yards. (v) If the piezometric
surface of an underlying aquifer or a zone of significant saturation is above
the top of the recompacted soil liner, the dispersive clay soils classification
by pinhole test in accordance with ASTM D4647 at a frequency of no less than
once for every fifty 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
pursuant to paragraph (E) of this rule, or an alternative to qualifying soils
with a test pad if it is demonstrated to the satisfaction of Ohio EPA that the
materials and techniques will result in each lift having a maximum permeability
of 1.0 X 10-7 cm/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 per
cent of the particles having a maximum dimension not greater than two
inches. (d) With not more than
ten per cent of the particles by weight having a dimension greater than 0.75
inches. (ii) Be compacted to at
least ninety-five per cent of the maximum dry density determined in accordance
with ASTM D698, at least ninety per cent of the maximum dry density determined
in accordance with ASTM D1557, or an alternative compaction specification
acceptable to Ohio EPA. (iii) Be placed with a
minimum soil moisture content that is not be less than the optimum moisture
content determined in accordance with ASTM D698, ASTM D1557, or an alternative
soil moisture content specification acceptable to Ohio EPA. (iv) Have a maximum
permeability of 1.0 X 10-7
cm/sec. (v) If the piezometric
surface of an underlying aquifer or a zone of significant saturation is above
the top of the recompacted soil liner, then the recompacted soil liner material
be classified as slightly dispersive (ND3) or nondispersive (ND2, ND1)
determined in accordance with ASTM D4647. (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 in accordance with ASTM
D6938, ASTM D1556M, ASTM D2167, or other methods acceptable to Ohio EPA 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) Geosynthetic clay
liner. A geosynthetic clay liner used as part of the recompacted soil liner or
as part of the composite cap system 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 per cent 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 not later than seven days prior to the
intended use of the material. The pre-construction testing shall determine the
following: (i) If the internal
drained shear strength is at higher risk of slope failure than the interfaces
tested in accordance with paragraph (G) of this rule, the internal drained
shear strength in accordance with ASTM D6243 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 shear strength failure envelope defined by the necessary factor of
safety, it will be considered a failed test.] (ii) The dry bentonite
mass (at zero per cent moisture content) per square foot of geosynthetic clay
liners in accordance with ASTM D5993 at a frequency of no less than once per
fifty thousand square feet. (iii) The interface shear
strength in accordance with paragraph (G) of this rule. (d) Be installed in the following manner: (i) To allow no more than
negligible amounts of leakage, maintain 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 composite 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 per cent. (iv) On a surface that
shall not have any sharp edged protrusions or any particles protruding more
than one quarter of one inch. (e) Be adequately protected from damage due to desiccation and
erosion. (10) Flexible membrane
liner. The flexible membrane liner shall comply with the
following: (a) Be a sixty mil high density polyethylene (HDPE) geomembrane
for composite liner systems or a forty mil geomembrane for composite cap
systems or another material or thicknesses acceptable to Ohio EPA. (b) Be physically and chemically resistant to attack by the solid
waste, leachate, or other materials that may come in contact with the flexible
membrane liner using SW-846 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) For installations exceeding ten thousand square feet, at
least one welding technician having seamed a minimum of one million square feet
of flexible membrane liner shall be present during installation. (f) Be seamed to allow for 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. (g) Be cleaned of deleterious materials in the seaming area
immediately prior to seaming. (h) 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, perform peel tests according
to an appropriate method 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) Perform
nondestructive testing on one hundred per cent of the flexible membrane liner
seams. (iii) Perform destructive
testing for peel according to the appropriate ASTM method on randomly selected
samples at a frequency of no less than once per one thousand feet of seam
completed by a particular seaming apparatus. An alternate means may be used if
it is demonstrated to the satisfaction of Ohio EPA that the alternate means
meets the requirements of this paragraph. (iv) Perform electrical leak location testing in accordance with
ASTM D7007 or ASTM D8265 following placement of drainage layer or the
protective layer over a geocomposite drainage layer. If testing in accordance
with ASTM D7007 or ASTM D8265 is unable to be performed, electrical leak
location testing shall be performed in accordance with ASTM D7002, ASTM D7703,
ASTM D7240, or ASTM D7953 on the exposed flexible membrane liner. This
paragraph does not apply to repairs that are made after the initial electrical
leak location testing. [Comment: Examples of when ASTM D7007 or
ASTM D8265 is deemed unable to be performed include conditions with isolation
limitations, construction sequencing issues, and due to unique properties of
materials used for the drainage layer or protective layer over a geocomposite
drainage layer.] (11) Liner cushion layer.
The liner cushion layer shall be placed above the flexible membrane liner,
protect the flexible membrane liner from damage that may be caused by
construction materials and activities, account for the weight of the overlying
waste mass, and have pre-construction interface testing performed according to
paragraph (G) of this rule. The liner cushion layer shall be adequately
protected from solar degradation. (12) 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 per cent of the particles by weight passing through the 200-mesh
sieve. (iii) Have no more than
five per cent carbonate content by weight. (iv) Have a minimum
permeability of 1.0 X 10-2
cm/sec. (v) Have quality control
testing in accordance with the following: (a) Permeability in
accordance with ASTM D2434 at a frequency of no less than once for every three
thousand cubic yards of material. (b) Grain size
distribution in accordance with ASTM C136 at a frequency of no less than once
for every three thousand cubic yards of material. (c) Carbonate content in
accordance with ASTM D3042 at a pH of 4.0 and at a frequency of no less than
once for every ten thousand cubic yards of material. (vi) An alternate
material or thickness may be used provided that it is demonstrated to the
satisfaction of Ohio EPA that the material meets the requirements of this
paragraph and the appropriate quality control testing and frequency of testing
are approved by Ohio EPA prior to use. (vii) The granular
leachate collection layer shall not be placed over wrinkles in the flexible
membrane liner that are greater than four inches in height. (b) For a geocomposite drainage layer used in lieu of a granular
drainage layer, 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) To protect the
composite liner system from the intrusion of objects during construction and
operation, include a minimum of twelve inches of permeable material acceptable
to Ohio EPA. The permeable material shall not be placed over wrinkles in the
flexible membrane liner that are greater than four inches in
height. (iii) Have quality
control testing for transmissivity in accordance with ASTM D4716 at the maximum
projected load and a frequency of once per five hundred thousand square feet.
The testing shall be performed in a manner representing field
conditions. (13) Leachate collection
pipes. The leachate collection pipes shall comply with the
following: (a) Be embedded in the drainage layer. (b) Be provided with access for clean-out devices that shall be
protected from differential settling. (c) Have lengths and configurations that shall not exceed the
capabilities of clean-out devices. (d) Have joints sealed to prevent separation. (e) Sealing material and means of access for cleanout devices
shall be resistant to physical and chemical attack by the solid waste,
leachate, or other materials with which they may come into
contact. (14) Filter layer. 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) Sumps. The leachate
collection and management system shall incorporate an adequate number of sumps
that 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) Leachate conveyance
apparatus. 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. (b) Be protected from the effects of freezing temperatures,
crushing, or excess deflection. (17) Leachate storage
structures. Leachate storage structures 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 structures located outside of the
limits of solid waste placement shall be monitored as required by Ohio EPA and
include the following: (a) For an above ground leachate storage tank, spill containment
no less than one hundred ten per cent of the tank volume. (b) For an underground leachate storage tank, be double cased
with a witness zone. (c) For a leachate pond, primary and secondary liners with a leak
detection system and defined action leakage rate. (d) For a leachate pond, a layer capable of protecting the liner
system from damage during pond cleanout. (e) For a leachate pond, no less than three feet of freeboard
above the basin capacity. (18) 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 per cent. (b) Be designed to be stable and to prevent damage to the liner
or composite cap systems caused by the effects of traffic loading and braking
or any other action. (19) Transitional cover.
Not later than one hundred twenty days after a portion of the facility reaches
final elevations, transitional cover, as specified in rule 3745-27-19 of the
Administrative Code, shall be installed that complies with the
following: (a) Consists of a twenty-four inch thick layer of soil with a
minimum twelve per cent particles by weight passing through the number 200
sieve. Testing for grain size shall be performed on representative samples of
the soil at a frequency of no less than once for every three thousand cubic
yards in accordance with ASTM D1140 or ASTM D6913, as appropriate. (b) Consists of soil that does not contain large objects in such
quantities as may interfere with the soil's application and intended
purpose, be of sufficient thickness and fertility to support vegetation, and 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) An alternative to paragraphs (D)(19)(a) and (D)(19)(b) of
this rule may be used if the owner or operator demonstrates to the satisfaction
of Ohio EPA that the material will minimize infiltration of surface water and
be installed in such a manner to minimize maintenance. (20) Gas collection
system. The gas collection system shall be installed prior to the composite cap
system and comply with the following: (a) Collect and transport gas and condensate without adversely
impacting the composite 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) Cap soil barrier
layer. Design and construction of a recompacted soil barrier layer in the
composite cap system shall comply with the following: (a) Be at least eighteen inches thick. (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 cap 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 not 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 in accordance with ASTM D698, or ASTM
D1557 at a frequency of no less than once for every one thousand five hundred
cubic yards. (ii) The grain size
distribution in accordance with ASTM D6913 at a frequency of no less than once
for every one thousand five hundred cubic yards. (iii) The recompacted
laboratory permeability in accordance with ASTM D5084 at a frequency of no less
than once for every ten thousand cubic yards. If the maximum dry density and
optimum moisture content was determined in accordance with ASTM D698, the soil
shall be recompacted to at least ninety-five per cent. If the maximum dry
density and optimum moisture content was determined in accordance with ASTM
D1557, the soil shall be recompacted to at least ninety per cent. The
recompacted soil moisture content shall not be less than the optimum moisture
content from the prescribed proctor test. (g) Have a minimum recompacted laboratory permeability of 1.0 X
10-6 cm/s. (h) Be constructed in lifts to achieve uniform compaction. Each
lift shall conform to the following: (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 at least eighty per cent of the particles by weight
passing through the number 4 standard mesh screen. (d) Alternative soil specifications may be used provided that it
is demonstrated to the satisfaction of Ohio EPA that the materials and
techniques will result in each lift having a maximum permeability of 1.0 X
10-6 cm/sec. (ii) Be compacted to a
maximum dry density and minimum soil moisture content not less than that used
in the recompacted laboratory permeability test in accordance with paragraph
(D)(21)(g) of this rule. (i) Be adequately protected from damage due to desiccation,
freeze/thaw cycles, wet/dry cycles, and the intrusion of objects during
construction of the composite cap system. (j) Have quality control testing of the constructed lifts
performed to determine the density and moisture content in accordance with ASTM
D6938, ASTM D1556M, ASTM D2167, or other methods acceptable to Ohio EPA 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. (22) Subbase below a
geosynthetic clay liner used in the composite cap system. Design and
construction of the subbase shall comply with the following: (a) The thickness of the subbase shall be sufficient to achieve
an evenly graded surface and 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 in accordance with ASTM D698, or ASTM D1557 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) Soil constructed as
follows: (a) In loose lifts of
eight inches or less. (b) With a maximum clod
size that does not exceed the lift thickness. (ii) Be compacted to at
least ninety five per cent of the maximum dry density determined in accordance
with ASTM D698 or at least ninety per cent of the maximum dry density
determined in accordance with ASTM D1557. (h) Have quality control testing of the constructed lifts
performed to determine the density and moisture content in accordance with ASTM
D2922 and ASTM D3017, ASTM D1556, ASTM D2167 or other methods acceptable to
Ohio EPA 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. (23) Cap flexible membrane liner. A
flexible membrane liner meeting the requirements of paragraph (D)(10) of this
rule with the exception of paragraph (D)(10)(h)(iv) of this rule shall be
placed above the recompacted soil barrier layer or the geosynthetic clay liner
in the composite cap system. (24) Cap drainage layer. 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) Will not clog or
freeze. (iii) Will not damage the
underlying flexible membrane liner. (iv) Have no more than
five per cent of the particles by weight passing through the 200-mesh
sieve. (v) Have no greater than
ten per cent carbonate content by weight. (vi) Have a minimum
permeability of 1.0 X 10-3
cm/sec. (vii) Have quality
control testing in accordance with the following: (a) Permeability in
accordance with ASTM D2434 at a frequency of no less than once for every three
thousand cubic yards of material. (b) Grain size
distribution in accordance with ASTM C136 at a frequency of no less than once
for every three thousand cubic yards of material. (c) Carbonate content in
accordance with ASTM D3042 at a pH of 4.0 at a frequency of no less than once
for every ten thousand cubic yards of material. (viii) An alternative
material or thickness may be used provided it is demonstrated to the
satisfaction of Ohio EPA prior to use that the material meets the requirements
of this paragraph. (ix) Not be placed over
wrinkles in the flexible membrane liner that are greater than four inches in
height. (b) A geocomposite drainage layer used in lieu of a granular
drainage layer shall meet the following requirements: (i) Have a minimum
transmissivity to ensure that the composite 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) Ensure the composite
liner system is protected from the intrusion of objects during
construction. (iii) Have quality
control testing for transmissivity in accordance with ASTM D4716 at the maximum
projected load and a frequency of once per five hundred thousand square feet.
The testing shall be performed in a manner representing field
conditions. (iv) Be comprised of
geosynthetic materials that have pre-construction interface testing performed
according to paragraph (G) of this rule. (25) Cap protection layer. A cap
protection layer consisting of soil 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 permeability in accordance with the final
slope stability calculation. (d) Have pre-construction testing of the borrow soils
performed on representative samples to determine the recompacted laboratory
permeability in accordance with ASTM D5084. Testing shall be at a frequency of
no less than once for every ten thousand cubic yards. The borrow soil being
tested shall be recompacted to no greater than ninety per cent of the maximum
dry density determined in accordance with ASTM D698, with a moisture content
within one per cent of optimum. (e) For a cap protective layer placed on a geocomposite
drainage layer, not be placed over wrinkles in the flexible membrane liner that
are greater than four inches in height. (26) Explosive gas control system. An
explosive gas control system shall not compromise the integrity of the
composite 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 purpose of the test pad is to determine
construction details necessary to achieve the permeability standard for
recompacted soil liners and to 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 with 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: (a) The maximum dry density and optimum moisture content in
accordance with ASTM D698, or ASTM D1557. (b) Grain size distribution in accordance with ASTM D6913 and
ASTM D7928. (c) Atterberg limits in accordance with ASTM D4318. (5) Be constructed prior
to the construction of the recompacted soil liner that the test pad will
model. (6) Include the following construction
details: (a) The maximum loose lift thickness. (b) The minimum soil moisture content that is not less than the
optimum moisture content determined in accordance with ASTM D698 or ASTM
D1557. (c) The minimum soil dry density that is not less than
ninety-five per cent of the maximum "Standard Proctor Density"
determined in accordance with ASTM D698 or at least ninety per cent of the
maximum "Modified Proctor Density" determined in accordance with ASTM
D1557. (d) The specific type and weight of compaction equipment
manufactured for the purpose of compacting cohesive soils. (e) The minimum number of passes of the compaction equipment. For
the purposes of this rule, one pass is defined as a single contact of the
compactor over an area. (7) 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. (8) Have quality control testing of the
constructed lifts performed to determine the density and moisture content in
accordance with ASTM D6938, ASTM D1556, ASTM D2167, or other methods acceptable
to Ohio EPA 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. (9) Have post-construction testing
performed for field permeability in accordance with ASTM D6931, ASTM D3385,
ASTM D5093, or other methods acceptable to Ohio EPA. (10) 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 testing pursuant to this paragraph. The report shall be
submitted to the appropriate Ohio EPA district office for written concurrence
not later than fourteen days prior to the intended construction of the
recompacted soil liner that will be modeled by the test pad. (11) An alternative to test pads may be
used if it is demonstrated to the satisfaction of Ohio EPA 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 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 shall be determined at least
twice in accordance with ASTM D5321 or ASTM D6243 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 pursuant to this rule shall 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, be
evaluated and signed and sealed by a professional engineer registered in the
state of Ohio, and be submitted to the appropriate Ohio EPA district office not
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 necessary 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 disciplines, and submitted to Ohio EPA and to the approved board of
health. Copies of the daily construction activity logs shall be kept at the
facility and be made available to Ohio EPA upon request. 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, presented as follows: (a) A listing of all alterations previously concurred with by
Ohio EPA. (b) All alteration requests and supporting documentation that 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 is necessary prior to waste placement.] (c) A list of any other changes made by the owner or operator
that do not require Ohio EPA concurrence but that 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 conducted pursuant to 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. If a quality
assurance/quality control plan is not a requirement of the applicable
authorizing document including an approved permit to install, plan approval,
operational report, or approved closure plan, the owner or operator shall
include at a minimum the results of testing performed, testing procedures,
sampling frequency and location, and parameters tested 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 need to be investigated and assessed.
An area with a verified failure requires reconstruction to meet specifications.
Reconstructed areas need to be retested at a frequency acceptable to Ohio EPA.
Reconstruction and retesting need to be performed in accordance with rule
3745-27-19 of the Administrative Code.] (4) Results of all
surveys conducted pursuant to 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 be reported in a table with
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 shall be established at grade
breaks and other critical locations. Survey results shall be reported as
follows: (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 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 of 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 of 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 of the horizontal
limits of all existing waste, the top elevations of the composite cap system,
surface water control structures including 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, including 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 pursuant to 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 elevations 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. If the
permit to install does not include cross sections, 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) The geodetic survey datasheet of each control point used to
establish the horizontal and vertical coordinates of the facility survey
marks. (b) A table listing the horizontal and vertical coordinates of
each control point and facility survey marks. (c) A summary of surveying activities performed in determining
the coordinates of the facility survey marks. (d) A plan sheet clearly identifying each control point, the
facility survey marks, and the limits of solid waste placement on a road map
with a scale of one inch equals no greater than one mile. (e) A detailed drawing 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. (9) A statement that to
the best of the knowledge of the owner or operator, the certification report is
true, accurate, and contains all information in accordance with this rule and
the quality assurance/quality control plan.
Last updated April 5, 2024 at 8:07 AM
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Rule 3745-27-09 | Sanitary landfill facility operating record.
(A) Applicability. The owner or operator of a sanitary landfill
facility in operation after June 1, 1994 shall establish an operating record,
which shall be an indexed repository of documents pertaining to a single
sanitary landfill facility. 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 (H) of this rule prior to waste
receipt at the sanitary landfill facility. (B) 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. Upon request by Ohio EPA or the approved board of health or
their authorized representative, the owner or operator shall provide a copy of
the operating record index or make the operating record available for
inspection during normal business hours. (C) 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. (3) The owner or operator
shall not submit documents or revisions to documents to the operating record
that constitute either of the following: (a) A modification, as that term is defined in rule 3745-27-02 of
the Administrative Code, without first obtaining a permit to install from Ohio
EPA. (b) An alteration without first obtaining written concurrence
from Ohio EPA. (D) 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 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. (E) Annual update of the operating record. The owner or operator
shall update the operating record and the operating record index at a minimum
annually, not later than April first of each year during both the operating
life of the facility and the post-closure care period, by placing all new
documents or revisions to existing documents into the operating
record. (F) Removal of documents from the operating record. Documents
shall not be removed from the 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 or plan sheets of documents in the operating record may be removed
without prior approval when corresponding revised pages or plan sheets have
been submitted into the operating record in accordance with this
rule. (G) Signature. (1) Documents or
revisions to documents submitted to the operating record shall be signed by the
owner or operator and the person responsible for the preparation 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. (H) Operating record contents. The operating record shall consist
of the following documents: (1) An operating record
index that clearly identifies each document in the operating record, 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
to install, operational report, or plan approval, whichever documents are
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
pursuant to rule 3745-27-19 of the Administrative Code. (b) Financial assurance instruments for final closure and
post-closure care pursuant to rules 3745-27-15 and 3745-27-16 of the
Administrative Code. (c) The explosive gas monitoring plan pursuant to rule 3745-27-12
of the Administrative Code. (d) The ground water detection monitoring plan 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 pursuant to rule 3745-27-11 of the Administrative
Code. (f) The location restriction demonstrations pursuant to 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 that change the requirements
of the approved permit to install, operational report, or plan approval and are
not included as a part of a certification report. (4) For those facilities
that designated existing and new units in accordance with paragraph (M) of this
rule effective June 1, 1994, the plan drawings pursuant to 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 pursuant to 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 pursuant to rule
3745-27-19 of the Administrative Code. (8) All construction,
final closure, or interim final cover certification reports submitted pursuant
to this chapter, after June 1, 1994. (9) All explosive gas
monitoring information collected after June 1, 1994, and all other plans,
notifications, and documents prepared or submitted after June 1, 1994, pursuant
to rule 3745-27-12 of the Administrative Code. (10) All ground water
monitoring information collected after June 1, 1994, and all other plans,
notifications, and documents prepared or submitted after June 1, 1994, pursuant
to rule 3745-27-10 of the Administrative Code. (11) All other
notifications and documents prepared pursuant to rule 3745-27-11 of the
Administrative Code. (12) All other documents
prepared pursuant to rule 3745-27-14 of the Administrative Code. (13) The current operating license for the
sanitary landfill facility. (14) 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. (15) 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. (16) Other environmental monitoring plans,
information, or documents prepared pursuant to this chapter after June 1,
1994. (17) If applicable, the financial
assurance instrument for corrective measures pursuant to rule 3745-27-18 of the
Administrative Code. (I) 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 this
chapter. [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).]
Last updated April 5, 2024 at 8:07 AM
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Rule 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 shall have 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 to be implemented in accordance with paragraph (E) 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)(3) and (E)(4) 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)(10) of this rule. (iv) Submission of a ground water quality assessment report in accordance with paragraph (E)(6) 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)(7) of this rule. (c) A corrective measures program to be implemented in accordance with paragraph (F) of this rule. 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 paragraph (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 not later than two hundred seventy days after 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 3745-27-14 of the Administrative Code 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 not later than two hundred seventy days after 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 submit copies of the revisions to Ohio EPA and the approved health department not later than two hundred seventy days after 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 the 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 the 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. [Comment: There are landfill facilities currently required to follow past versions of this rule due to orders from the director. Paragraph (A)(2)(c) of this rule allows these facilities to continue to follow the orders issued by the director. Paragraph (A)(2)(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 when required by paragraph (E) of this rule and a "corrective measures program" when required by paragraph (F) of this rule. Implementation shall be in accordance with the time frames 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 revisions 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 revisions. The owner or operator of a facility not subject to rule 3745-27-09 of the Administrative Code shall submit copies of the revisions to Ohio EPA and the approved health department prior to implementation of the revisions. No approval is necessary prior to implementing the revisions 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, 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) Ground water elevations. (a) Measurement of ground water elevations. (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 wells shall be measured in all wells at least annually for those wells that do not have a dedicated pump installed. The depth of monitoring wells with a dedicated pump shall be measured whenever maintenance allows and the dedicated pump is removed for service or replacement. (iii) Ground water elevations in all wells monitoring the same units or portion of units 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. (b) The owner or operator shall semiannually determine ground water flow directions in the uppermost aquifer system and all significant zones of saturation monitored. For sampling events other than semiannual or background monitoring events, the owner or operator shall determine ground water flow directions for any zone monitored whenever more than half of the wells in that zone are sampled during that event. (c) 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 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. Not later than ninety days after 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 not 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 days prior to submitting to the operating record and 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 the mean of each monitoring well 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 the median of each monitoring well 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 the director's 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 not later than ninety days after collecting the eighth background sample. If it is anticipated that the statistical method to be used will be an intrawell method, then the statistical plan shall be submitted not later than 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 wells. The owner or operator of a facility not subject to rule 3745-27-09 of the Administrative Code shall submit copies of the revisions 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 the owner or operator assesses ground water quality. To determine whether a statistically-significant increase 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 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 (QA/QC) data. (c) Chain of custody and sample receipt forms including preservation methods. (d) Data summary tables. (e) Statistical analysis results and summary tables including the results from any test for normality conducted on the semiannual sampling event data being submitted. (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, may be submitted on an electronic format compatible with Ohio EPA software.] (D) Ground water detection monitoring program. The owner or 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 to this rule in ground water in accordance with paragraph (D) of this rule. (2) Alternate monitoring parameter list. (a) The owner or operator of a sanitary landfill facility may propose in writing to delete any of the monitoring parameters contained in appendix I to this rule to meet the requirements of paragraphs (D)(5) to (D)(7) of this rule. The director may approve the alternative list of 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 the director's 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 parameter list: (i) Which of the parameters specified in appendix I to this rule shall be deleted from the parameters required to be monitored in paragraph (D)(5) of this rule. (ii) The types, quantities, and concentrations of constituents in wastes managed at the sanitary landfill facility. (iii) The concentrations of the constituents in the leachate contained in appendix I to this rule from the relevant units of the sanitary landfill facility. (iv) Any other relevant information that the director or the director's authorized representative deems necessary. (b) The owner or operator of a sanitary landfill facility may delete 1,2- Dibromoethane (EDB) and 1,2-Dibromo-3-chloropropane (DBCP) from the constituents used to meet paragraphs (D)(5) to (D)(7) of this rule upon demonstration that there has never been a confirmed detection of EDB or DBCP in the ground water at the sanitary landfill facility. (c) The owner or operator of a new sanitary landfill facility may delete 1,2- Dibromoethane (EDB) and 1,2-Dibromo-3-chloropropane (DBCP) from the constituents used to meet paragraphs (D)(5) to (D)(7) of this rule upon demonstration that there has never been a confirmed detection of EDB or DBCP in the ground water at the sanitary landfill facility during the first one hundred eighty days (four samples) of ground water monitoring. (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 paragraph (D)(5) of this rule in lieu of some or all of the inorganic parameters listed in appendix I to this rule. The director 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 the director's 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 detectability 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 monitoring parameters contained in appendix I to this rule be used to meet 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 the director's 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, and 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 contained in appendix I to this rule. (b) The alternative parameter list approved in accordance with paragraphs (D)(2) 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 owner or operator shall collect a minimum of four independent samples from each monitoring well screened in the uppermost aquifer system (background and downgradient). After collection of the initial four samples not later than one hundred and eighty days after implementing the ground water monitoring program, the owner or operator shall collect a minimum of four additional, independent samples from each monitoring well screened in the uppermost aquifer system (background and downgradient) on a quarterly sampling schedule until a minimum total of eight independent samples are obtained to establish background. The eight or more independent samples obtained from each monitoring well shall be analyzed for parameters specified in paragraph (D)(5)(a)(i) of this rule and shall be used to establish background to fulfill 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 two years 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, contained in appendix I to this rule. (b) The alternate parameter list approved in accordance with paragraphs (D)(2), (D)(3) 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 owner or operator shall collect a minimum of four independent samples from each monitoring well not screened in the uppermost aquifer system (background and downgradient). After collection of the initial four samples not later than one hundred and eighty days after implementing the ground water monitoring program, the owner or operator shall collect a minimum of four additional, independent samples from each monitoring well not screened in the uppermost aquifer system (background and downgradient) on a quarterly sampling schedule until a minimum total of eight independent samples are obtained to establish background. The eight or more independent samples obtained from each monitoring well shall be analyzed for the parameters specified in paragraph (D)(5)(b)(i) of this rule and shall be used to establish background to fulfill 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 two years after implementing the ground water detection monitoring program and continuing 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 contained in appendix I to this rule or the alternative parameter list approved in accordance with paragraphs (D)(2), (D)(3), 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 to 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 not later than two years from the date that the well is added to the monitoring system. (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 statistical analysis required by paragraph (D)(5) of this rule. The director or the director's authorized representative may approve a proposed alternative frequency provided the alternative frequency sampling and analysis frequency is not less than annual. Upon approval by the director or the director's authorized representative, the owner or operator may use the alternative sampling or analysis frequency. The owner operator shall at a minimum consider the following factors in proposing an alternative sampling and 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 contained in appendix I to this rule, or the alternate parameter list approved in accordance with paragraphs (D)(2) 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 contained in appendix I to this rule or the alternate parameter list approved in accordance with paragraphs (D)(2), (D)(3), 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 or 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 certified by a qualified ground water scientist documenting the demonstration to Ohio EPA not later than one hundred and eighty days after initial sampling. [Comment: The "1 of M resampling 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 or operator to make a new determination of the concentration of any contaminant released and the rate and extent of migration of the contaminants release to ground water.] (ii) Demonstrate that the statistically significant increase over background resulted from a source other than the sanitary landfill, or error in the sampling, analysis, or statistical evaluation, or from natural variation in ground water quality. A report certified by a qualified ground water scientist documenting this demonstration shall be submitted to the appropriate Ohio EPA district office not later than ninety days after initial sampling. Upon notification by the director that the report does not successfully demonstrate that the statistically significant increase over background resulted from a source other than the sanitary landfill, or error in the sampling, analysis, or statistical evaluation, or from natural variation in ground water quality, the owner or operator shall comply with the provisions of paragraph (E) of this rule. [Comment: The reports under paragraph (D)(7)(c) of this rule are required to be certified by a qualified ground water scientist in accordance with paragraph (A)(5) 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. Upon determining a statistically significant increase above background in accordance with paragraph (D)(7) of this rule, the owner or operator shall implement a ground water quality assessment program and submit a ground water quality assessment plan in accordance with either of the following: (a) Not later than two hundred ten days after detection of a statistically significant increase above background. (b) Not later than ninety days after notification by the director that the report submitted under paragraph (D)(7)(c)(ii) does not successfully make the required demonstration if the owner or operator has submitted a demonstration in accordance with paragraph (D)(7)(c)(ii) of this rule. [Comment: The ground water quality assessment plan is required to be certified by a qualified ground water scientist in accordance with paragraph (A)(5) of this rule. 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 program, 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) Ground water quality assessment plan elements. The plan to be submitted in accordance with paragraph (E)(1) 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 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 methods 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 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)(4) 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)(5) 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)(5) of this rule. (4) Assessment monitoring schedule, frequency, and parameters. (a) Not later than the date required to submit the ground water quality assessment plan in accordance with paragraph (E)(1) of this rule, the owner or operator shall sample the affected wells and analyze the samples for all waste-derived constituents, including all constituents listed in appendix I and appendix II to 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 parameters contained in appendix I and appendix II to this rule. (b) Not later than seventy-five days after commencing the sampling required in paragraph (E)(4)(a) 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)(4)(a) 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)(4)(a) of this rule. (c) 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)(5) of this rule: (i) At least semiannually for the following: (a) All parameters contained in appendix I to this rule or the alternative parameter list approved under paragraph (D)(2), or (D)(3) of this rule. (b) All the constituents reported to the director in accordance with (E)(4)(d) of this rule. (ii) At least annually for one of the following. (a) All parameters contained in appendix II to this rule. (b) The remaining parameters contained in appendix II to this rule if the director has deleted one or more parameters contained in appendix II to this rule in accordance with (E)(4)(e) of this rule. (d) Not later than seventy-five days after sampling the ground water monitoring wells in accordance with paragraph (E)(4)(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 not later than seventy-five days after sampling a monitoring well.] (e) Not later than one hundred and eighty days after 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)(4)(a) of this rule that does not have at least four independent analysis results of each waste-derived constituent detected in the monitoring wells, demonstrating a statistically significant increase. [Comment: Except for paragraph (E)(8)(a) of this rule, no statistical evaluation of any data is required to be performed under the ground water quality assessment program.] (f) Upon the written request of the owner or operator, the director may delete any of the monitoring parameters contained in appendix II to this rule for a sanitary landfill facility 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. (g) After sampling in accordance with paragraph (E)(4)(a) of this rule, the owner or operator may delete 1,2- Dibromoethane (EDB) and 1,2-Dibromo-3-chloropropane (DBCP) from the constituents used to meet paragraph (E) of this rule upon demonstration that there has never been a confirmed detection of EDB or DBCP in the ground water at the sanitary landfill facility. (h) Ground water monitoring wells not used to make a determination according to paragraph (E)(5) 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 of 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)(5) 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.] (5) 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) and (E)(4) 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 or operator demonstrates to the director that, despite the owner or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undertake such action. At a minimum, the owner or 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 indicating that off-site access is denied. The owner or 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. (6) Ground water assessment report. The owner or operator shall make a determination according to paragraph (E)(5) 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. (7) After complying with paragraph (E)(5) of this rule, if the release of waste-derived constituents to ground water as characterized within the report required under paragraph (E)(6) of this rule exclusively consists of one or more of parameters numbered 63 through 78 of appendix I to 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)(6) of this rule to Ohio EPA and to the operating record in accordance with rule 3745-27-09 of the Administrative Code 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)(6) 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 or operator complying with the provisions of this paragraph is exempt from complying with paragraph (E)(11) of this rule, but shall comply with paragraphs (C)(10), (E)(9) and (E)(10) 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)(5) 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)(7)(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)(7)(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)(7)(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 or operator shall do the following: (i) For contaminants determined to have been released to the ground water in accordance with paragraph (E)(5) of this rule, sample and analyze the monitoring wells designated under paragraph (E)(7)(a) of this rule at least eight times during the initial year of compliance monitoring to establish a new, intrawell 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)(7)(c) of this rule and not being monitored in accordance with paragraph (E)(7)(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 intrawell 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 used for detection monitoring 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 paragraph (E)(5) of this rule in accordance with paragraph (E) of this rule when a statistically significant increase is determined for parameters 1 through 62 of appendix I to this rule. [Comment: If a statistical analysis demonstrates a statistically significant increase over background in concentration for parameters 1 through 62 of appendix I to this rule, 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)(7)(a) of this rule for the parameters listed in appendix II to this rule if any parameter not included within parameters 1 through 62 of appendix I to this rule demonstrates a statistically significant increase over the new background established under the provisions of paragraph (E)(7)(f) of this rule. If any constituent from appendix II to this rule is detected above background, then the owner or operator shall commence provisions for fulfilling paragraph (E)(5) of this rule in accordance with paragraph (E) of this rule. If no parameters from appendix II to this rule are detected above background, and the parameters detected above background are limited to parameters 63 through 78 of appendix I to this rule, then the owner or 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 to this rule, then the facility is required to sample for the parameters within appendix II to this rule. If a parameter contained in appendix II to this rule is detected above background, 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. (k) Provisions for demonstration of a false positive. The owner or operator shall include in the compliance monitoring plan provisions to perform one of the following as appropriate 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 or 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 continue with ground water monitoring as specified within the submitted compliance monitoring plan. The owner or operator shall submit a report documenting the demonstration to Ohio EPA not later than one hundred and eighty days after initial sampling. (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 the director's authorized representative. If not later than one hundred eighty days after the initial sampling the owner or operator does not obtain approval, then the owner or operator shall comply with the provisions of the compliance monitoring plan consistent with paragraphs (E)(7)(h) to (E)(7)(k) of this rule. (8) 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 at the monitoring wells within the assessment monitoring program, or for those wells within a specific assessment monitoring area within an assessment monitoring program using the statistical procedures described in paragraph (C)(6) of this rule for two consecutive sampling events, then the owner or operator may reinstate the detection monitoring program described in paragraphs (C) and (D) of this rule by notifying the director. (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, or statistical evaluation, or from 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. Until the director approves reinstatement of the detection monitoring program, the owner or operator shall comply with paragraphs (E)(9) and (F) of this rule. (9) Semiannual determination of rate, extent, and concentration. If the owner or operator determines, based on the determination made according to paragraph (E)(5) 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)(5) 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)(10) of this rule. (10) Notification of adjacent landowners. After the determination of rate, extent, and concentration in accordance with paragraph (E)(5) 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)(4) 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)(4) of this rule until released from this obligation by the director. (11) Semiannual assessment activities report. Upon implementation of the ground water quality assessment plan submitted under paragraph (E)(2) of this rule, the owner or operator shall submit a report on the activities being conducted at the facility as part of implementation of the ground water quality assessment plan to the appropriate Ohio EPA district office and to the approved health department. All monitoring and reporting required by paragraph (E) of this rule shall continue until the director releases the owner or operator from this obligation or approves a corrective measure in accordance with paragraph (F)(10) of this rule. Any documents or data previously submitted by the owner or 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)(7) or (E)(8) 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 this rule. (2) Corrective measures plan. Unless otherwise specified in paragraph (E)(7) or (E)(8) of this rule, and not later than one hundred and eighty days after making a determination in accordance with paragraph (E)(5) 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 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 to 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 ease or difficulty of implementing potential remedies 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)(7) 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) Not later than thirty days after 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 not 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) Not later than sixty days after 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 the director's authorized representative may require the owner or operator to evaluate, as part of the corrective measures study, one or more specific potential remediation procedures. (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 maximum contaminant levels have been promulgated under 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 the director's 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 10-4to 1 x 10-6range. (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 constituents present in ground water that: (i) Is not currently or reasonably expected to be a source of drinking water. (ii) Is not hydraulically connected with waters to which the waste-derived constituents are migrating or are likely to migrate in concentrations that would exceed the ground water remediation standards established under paragraph (F)(7) of this rule. (c) Remediation of releases 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 or operator shall comply with the financial assurance requirements of rule 3745-27-18 of the Administrative Code.] (11) Determination that a 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 requirements for the remediation procedure selected under paragraph (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 requirements. (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 procedures, 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 or 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 occur: (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 standards 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 standards 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. Not later than fourteen days after completion of the corrective measure, the owner or operator shall certify 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. (G) Incorporation by reference. The text of the incorporated materials is not included in this rule. The materials listed in paragraph (G)(2) of this rule are hereby made a part of this rule. For materials subject to change, only the specific version specified in this rule is incorporated. Any amendment or revision to a referenced document is not incorporated until this rule has been amended to specify the new version. (1) Availability. The statistical methods can be found in publications including but not limited to, "Statistical Analysis of Ground Water Monitoring Data at RCRA Facilities." Unified Guidance. EPA/R-09-007. U.S EPA. 2009. Office of Resource Conservation and Recovery Program Implementation and Information Division. U.S. Environmental Protection Agency. http://www.epa.gov/osw/hazard/correctiveaction/resources/guidance/ sitechar/gwstats/unified-guid.pdf. However, many of the documents are also available for inspection and copying at most public libraries and "The State Library of Ohio." (2) Incorporated materials. Appropriate statistical methods, including the following: (a) "1 of M resampling method." (b) "Analysis of variance (ANOVA) model." (c) "Control charts." (d) "Prediction intervals." (e) "Tolerance intervals."
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Rule 3745-27-11 | Final closure of a sanitary landfill facility.
Effective:
January 1, 2021
(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 rule 3745-27-09 of the Administrative Code. (2) The owner or operator
of a sanitary landfill facility that ceased waste acceptance prior to June 1,
1994, as determined by the notification pursuant to paragraph (E) of this rule,
shall comply with one of the following: (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 the 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 until a final
closure/post-closure plan is approved: (i) Paragraphs (F) to (J)
of this rule. (ii) Rule 3745-27-10 of
the Administrative Code. (iii) Rule 3745-27-15 and
3745-27-16 of the Administrative Code. (iv) 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 3745-27-10 and 3745-27-16 of the Administrative
Code. (d) The requirements specified in this paragraph do not affect
other schedules or requirements specified in administrative or judicial orders
or consent agreements. Ohio EPA may authorize 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 that at a
minimum contains all the items specified in paragraphs (B)(1) to (B)(10) of
this rule. All engineering information included in the final
closure/post-closure plan shall be signed and sealed by a professional engineer
registered in Ohio. 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 units 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. 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 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 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, the location of surface water control structures
including permanent ditches to control run-on and runoff, and the location of
sedimentation ponds including the inlet and outlet. (b) A grid system with northings and eastings established
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, and 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 not 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 rules adopted under Chapter 3734. of the Revised
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) The owner or operator ceases to receive solid waste for
disposal at the sanitary landfill facility for a period of greater than one
year and all final elevations of the limits of waste placement have not been
reached. (2) It is mandatory to
begin closure activities for a noncontiguous unit of a sanitary landfill
facility upon the occurrence of any of the following: (a) The owner or operator declares that the noncontiguous unit
will cease acceptance of solid waste for disposal by a date
certain. (b) All approved limits of solid waste placement for the
noncontiguous unit have been reached, as specified in the plan approval,
operational report, approved permit 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 all of the contiguous
units will cease acceptance of solid 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 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 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
units in accordance with paragraph (C)(1)(a), (C)(2), or (C)(3) of this rule.
Such notice shall be provided not later 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 in accordance with paragraph (D)(1) of this rule, the
owner or operator shall post a sign 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 will no longer
accept solid waste with the anticipated date. This paragraph does 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 later 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 of the sanitary landfill facility ceased to
accept solid waste. The notification shall be sent 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 units or for each noncontiguous
unit of the sanitary landfill facility not later than seven days after any of
the occurrences in paragraph (C) of this rule. At a minimum, final closure
activities for all units of the sanitary landfill facility shall include 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), (G)(3), or (G)(4) of this rule applies. (2) If the sanitary
landfill facility does not meet the criteria specified in paragraph (G)(1) of
this rule, 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 shall comply with rule 3745-27-08 of the Administrative
Code. (3) If a unit of the
sanitary landfill facility has areas that 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), (G)(3), or (G)(4) of this rule, effective June 1, 1994, those
areas need not have cap system in accordance with 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 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 surface water control structures including permanent ditches to
control run-on and runoff and sedimentation ponds as shown in the final
closure/post-closure plan. The owner or operator shall grade all land surfaces
as necessary to prevent ponding of water where solid waste has been placed, and
institute measures to control erosion. [Comment: The minimum slope standard in rule
3745-27-08 of the Administrative Code is a design standard. 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 that 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 of the sanitary landfill
facility. (6) Upon ceasing
acceptance of waste in all units 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 two
years after final closure activities have been completed. This paragraph does
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 units 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 alternative schedule has
been authorized by Ohio EPA. (J) Final closure certification. Not
later than ninety days after the completion of final closure activities for all
contiguous units and for each noncontiguous unit, the owner or operator shall
submit a written certification report to the director and to the board of
health having jurisdiction. The final closure certification shall include
verification that the unit of the sanitary landfill facility has been closed in
accordance with this rule and the final closure/post-closure plan. At a
minimum, the final closure certification shall 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 following: (a) The horizontal limits of waste placement. (b) The surface water control structures including
permanent ditches to control run-on and run-off. (c) If present, the sedimentation pond including the inlet
or 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 pursuant to 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 pursuant to paragraph (H)(6) of this rule has been posted and that all
entrances and access roads have been blocked in accordance with paragraph
(H)(7) of this rule. (K) The health commissioner and the
director, or their authorized representatives, upon proper identification, may
enter any unit 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 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.
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Rule 3745-27-12 | Explosive gas migration monitoring for a sanitary landfill facility.
(A) Applicability. This rule applies to
each responsible party for any of the following facilities: (1) A licensed solid
waste landfill facility that accepted waste on or after June 1,
1994. (2) A previously licensed
closed solid waste landfill facility that meets the following: (a) Ceased solid waste acceptance after May 31,
1988. (b) Is so situated that a residence or other occupied
structure is located within one thousand feet of the horizontal limits of solid
waste placement. (3) A previously licensed
closed solid waste landfill facility that meets the following: (a) Ceased solid waste acceptance between July 1, 1970 and
May 31, 1988. (b) Has received notification from Ohio EPA that this rule
applies, based upon site specific conditions including but not limited to
explosive gas generation, migration, and the threat to human health, safety, or
the environment. (4) A solid waste landfill facility for
which a new or revised EGMP is required pursuant to an order of the
director. (B) Definitions. If a term used in this
rule is defined in rule 3745-27-01 of the Administrative Code, the definition
in rule 3745-27-01 of the Administrative Code is applicable to this rule unless
the term is defined in this rule. As used in this rule: (1) "Alternative
monitoring device" or "AMD" means any type of device other than
an explosive gas monitoring probe where the presence and concentration of
landfill gas can be measured with a direct reading instrument. (2) "EGMP"
means an explosive gas monitoring plan. (3) "Facility
boundary" means one of the following: (a) The solid waste landfill facility boundary as depicted
in the effective permit. (b) The property line of all the parcels that contain the
limits of solid waste placement. (4) "LEL" has
the same meaning as lower explosive limit. (5) "Solid waste landfill
facility," means any site, location, tract of land, or installation used
for the disposal of solid waste. (C) Exclusions. This rule does not apply
to the following facilities: (1) A solid waste
landfill facility that exclusively disposes or has disposed of solid wastes
generated on one or more premises owned by the person who owns the solid waste
landfill facility. (2) A solid waste
landfill facility owned or operated by a person other than the generator of the
wastes that exclusively disposes or has disposed of nonputrescible solid wastes
generated by the generator at one or more of the premises owned by the
generator. (D) Notwithstanding the exclusions
contained in paragraph (C) of this rule, the director may issue an order
directing a responsible party to prepare and submit a new or revised EGMP for a
solid waste landfill facility in accordance with this rule if the director
determines that the potential exists for the formation and subsurface migration
of explosive gases in such quantities and under such conditions as to threaten
human health or safety or the environment. (E) Exceedances of methane by volume at
or above 1.25 per cent in occupied structures or five per cent methane by
volume at the facility boundary shall constitute a threat to human health,
safety, and the environment. (F) Explosive gas monitoring plan. (1) Submittal and
implementation of an EGMP. Unless otherwise excluded by paragraph (C) of this
rule, the responsible party shall prepare, submit, and implement an EGMP as
follows: (a) For a solid waste landfill facility operating on the
effective date of this rule, submit an EGMP that complies with this rule in
accordance with the following schedule: (i) Concurrent with a
request to alter an effective EGMP. (ii) At the same time as
the ten-year update schedule specified in rule 3745-27-19 of the Administrative
Code. (b) For a solid waste landfill facility that has ceased
operations prior to the effective date of this rule, not later than two hundred
seventy days after the effective date of this rule or not later than two
hundred seventy days after receipt of a notification in accordance with
paragraph (A)(3)(b) of this rule, submit an EGMP to Ohio EPA as
follows: (i) For a solid waste
landfill facility without an approved EGMP, a new EGMP that complies with this
rule. (ii) For a solid waste
landfill facility with an approved EGMP, a revised EGMP that complies with this
rule. (c) If a new occupied structure is built within one
thousand feet of the horizontal limits of solid waste placement, submit an EGMP
that complies with this rule to Ohio EPA in accordance with the following
schedule: (i) For a solid waste
landfill facility without an approved EGMP, a new EGMP not later than two
hundred seventy days after discovery of the occupied structure. (ii) For a solid waste
landfill facility with an approved EGMP, a revised EGMP not later than one
hundred eighty days after discovery of the occupied structure. (d) The most recent approved EGMP shall remain in effect
until a revised EGMP is approved by the director in accordance with this
rule. (e) The responsible party shall implement the EGMP upon
approval by the director. (f) The responsible party shall comply with an approved
EGMP until the director authorizes the responsible party to cease explosive gas
monitoring in accordance with paragraph (O) of this rule. (2) The responsible party
shall establish a stand-alone EGMP on forms prescribed by the director and
submit the EGMP to Ohio EPA that includes at a minimum, the
following: (a) A description of the explosive gas monitoring network
that demonstrates the network conforms to paragraph (H) of this rule and is
capable of measuring explosive gas to ensure concentrations of methane do not
exceed the following: (i) 1.25 per cent by
volume or twenty-five per cent of the LEL in occupied structures. (ii) Five per cent by
volume or one hundred per cent of the LEL at the facility
boundary. (b) Detailed topographical maps with a scale of one inch
equals no greater than two hundred feet showing the following: (i) The property
boundary, facility boundary, and the horizontal limits of solid waste placement
of the solid waste landfill facility. (ii) A zone around the
solid waste landfill facility representing the area that is two hundred feet
from the horizontal limits of solid waste placement. (iii) A zone around the
solid waste landfill facility representing the area that is one thousand feet
from the horizontal limits of solid waste placement. (iv) All property owners
and political subdivisions located within two hundred feet of the horizontal
limits of solid waste placement. (v) All property
boundaries and parcel numbers located within one thousand feet of the
horizontal limits of solid waste placement. (vi) All on-site enclosed
structures where one or more human beings may be present and all off-site
enclosed structures where one or more human beings may be present located
within one thousand feet of the horizontal limits of solid waste placement. The
EGMP shall identify those enclosed structures that are occupied
structures. (vii) All man-made
explosive gas migration pathways within one thousand feet of the horizontal
limits of solid waste placement including but not limited to roads, railroads,
underground utilities, mines, storm sewers, water lines, electric cables, and
pipelines. (viii) All other
potential sources of explosive gas within one thousand feet of the horizontal
limits of solid waste placement including but not limited to oil and gas wells,
landfills, and wetlands. (ix) All man-made
features that may act as a barrier to explosive gas migration or allow the
venting of explosive gas. (c) The following geological information: (i) The ground water
surface elevation in the proximity of the solid waste placement and
fluctuations in ground water levels. (ii) A discussion of the
topography of the site and surrounding area. (iii) A discussion of any
natural or man-made site characteristics that may act as impervious boundaries
to gas migration or allow natural venting of gas. (iv) If the subsurface
stratification is known, a hydrogeological cross section of the solid waste
landfill facility property that equals the depth of solid waste and shows the
potential natural pathways. (v) A discussion
characterizing all known potential explosive gas migration pathways and their
associated explosive gas hazard. (vi) A discussion and
identification of any other sources of explosive gas within one thousand feet
of the horizontal limits of solid waste placement that may potentially cause
subsurface migration of explosive gas. (d) The following solid waste landfill facility
information: (i) The lowest elevation
of solid waste placement. (ii) The approximate
acreage of solid waste placement. (iii) A discussion of the types of waste that have been
disposed or will be disposed at the solid waste landfill facility. (iv) At a minimum and as applicable and available, a
discussion of the following historical information pertaining to the solid
waste landfill facility: (a) The date of the
initial solid waste license and any subsequent licenses. (b) The date of initial
operation. (c) The date of cessation
of waste acceptance, the date closure activities were completed, and the date
when the closure certification report was submitted to the
director. (d) All previous or
current authorizations regarding explosive gas management. (e) The names of all
prior owners for all of the real property within the facility
boundary. (e) The following gas investigation
information: (i) A description and an
evaluation of the effectiveness of the following: (a) Any existing gas
monitoring system. (b) Any existing gas
extraction system. (c) Any existing gas
venting system. (ii) A discussion of historical records detailing any
previous explosive gas investigations including but not limited to probe
sampling results and any other type of gas sampling results. (iii) A discussion of any of the following that could be
attributed to current explosive gas presence: (a) Dead
vegetation. (b) Odors. (c) Snow
melt. (f) For every probe and AMD, the following: (i) The schematic of the
design that conforms to paragraph (G) of this rule. The schematic may be a
generalized construction of the probe or AMD. (ii) The location and the
geo-coordinate on a plan drawing. (iii) The total
depth. (iv) The total length of
the screen interval, if applicable. (v) The identification
designation. (vi) Methods of
construction. (vii) Materials used in
construction. (viii) Installation
procedures and quality assurance measures. (ix) Security measures
capable of protecting the probe or AMD from vandalism, impact damage, and
weather, as applicable. (g) The following appendices to the EGMP: (i) Appendix A. Copies of
letters sent to the entities listed in paragraph (J)(2) of this rule, which
specify the location of the solid waste landfill facility and the proximity of
the occupied structure. (ii) Appendix B.
Documentation of installation of explosive gas alarms in occupied structures
within two hundred feet of solid waste placement. At a minimum, this
documentation shall include the following: (a) Communications from
the responsible party to the property owner of the occupied structure seeking
consent to install an explosive gas alarm in the structure. (b) Confirmatory
communication from the responsible party to each owner of an occupied structure
that declines consent to install an explosive gas alarm in the
structure. (c) A map depicting all
occupied structures within two hundred feet of solid waste placement that have
an explosive gas alarm installed. (iii) Appendix C.
Hydrogeologic boring logs, if available. (iv) Appendix D.
Certification reports in accordance with paragraph (G)(2) of this
rule. (v) Appendix E. The most
recent deed for each parcel of the solid waste landfill facility
property. (vi) Other appendices as
necessary. (3) If Ohio EPA
determines that additional information is necessary to determine whether the
criteria set forth in paragraph (F)(2) of this rule are satisfied, Ohio EPA may
require that the responsible party supply such information as a precondition to
further consideration of the EGMP. (4) The director shall not approve an
EGMP unless the following are met: (a) The EGMP is complete in accordance with paragraph
(F)(2) of this rule. (b) The explosive gas monitoring system is designed and is
capable of being constructed and operated in accordance with this rule and with
any terms and conditions of the approved EGMP. (c) Any existing probes or AMDs have been installed and
explosive gas is being monitored in accordance with paragraphs (I), (J), and
(L) of this rule. (5) Alterations to the EGMP. The
responsible party may submit to Ohio EPA a written request to revise the
approved EGMP and may implement the revision only upon obtaining Ohio
EPA's concurrence with the request. (G) Probe and AMD design. The responsible party shall
utilize probes and AMDs as follows: (1) Probe design,
construction, and implementation. (a) The explosive gas monitoring network shall be designed
and constructed utilizing probes that conform to the following: (i) Accurately detect the existing levels of explosive
gas. (ii) Are screened to the entire depth of solid waste
placement, unless a barrier exists that is of sufficient impermeability to
prevent the migration of explosive gas beyond the barrier. The responsible
party may submit a demonstration that existing probes are adequate and meet the
design specifications of this paragraph. (iii) Are designed to prevent contamination or dilution of
explosive gas samples. (iv) Are designed to prevent contamination of
groundwater. (v) Are designed to obtain liquid levels, gas pressure, and
methane concentration within the probe. (b) Ohio EPA may authorize the use of AMDs in lieu of
probes if the responsible party demonstrates, based on specific site geology,
location, depth of waste, or other factors, that the AMDs will be protective of
human health, safety, and the environment. If AMDs are used, the AMDs shall
conform to the following: (i) Accurately detect the existing levels of explosive
gas. (ii) Be capable of detecting gas migration in the explosive
gas pathway. (iii) Be designed to prevent contamination of
groundwater. (c) If at any time Ohio EPA determines the construction,
design, or operation of any probe or AMD is not capable of meeting the
requirements of this paragraph, then the probe or AMD shall be re-developed by
the responsible party to meet these requirements. (d) The director may require the installation of additional
probes, AMDs, alarms, or the abandonment of probes as necessary to monitor
explosive gas pathways or to eliminate the potential contamination of ground
water. (2) Certification of
probes or AMDs. Upon installation of new or replacement probes or AMDs, the
responsible party shall submit a certification report to the director that at a
minimum includes the following: (a) A drawing showing the locations of all probes and AMDs
with their associated identification designations. (b) Geologic logs, if applicable. (c) Piping materials, depth and, if applicable, the length
of the screened intervals. (d) The initial gas monitoring results obtained from the
probe or AMD. (3) New occupied
structures or explosive gas pathways. The responsible party shall alter the
EGMP and install new probes or AMDs in all new explosive gas pathways and
construct the new probes or AMDs in accordance with this rule. A new probe or
AMD shall be installed and sampled in the following manner: (a) Not later than one hundred eighty days after discovery
of a new occupied structure within one thousand feet of the horizontal limits
of solid waste placement. (b) Upon discovery of an existing explosive gas pathway or
the creation of any explosive gas pathway within one thousand feet of the
horizontal limits of solid waste placement. (c) Upon discovery of any topographic or subsurface
construction changes occurring in the vicinity of the solid waste landfill
facility that create the potential for explosive gas migration towards any
occupied structure within one thousand feet of solid waste
placement. (4) Replacement or
abandonment of probes or AMDs. The responsible party shall replace or abandon a
probe or AMD as follows: (a) For a damaged or inaccessible probe or AMD, replace in
accordance with the approved EGMP and this rule prior to the next compliance
monitoring event or in accordance with an alternative timeframe authorized in
writing by Ohio EPA. (b) As near as possible to the same location as the damaged
probe or AMD to monitor the same pathway. (c) Certify the installation of the new or replacement
probe or AMD in accordance with paragraph (G)(2) of this rule. (d) If applicable, abandon the probes and AMDs in
accordance with rule 3745-9-10 of the Administrative Code. (H) Explosive gas network design. The responsible party
shall ensure that the explosive gas monitoring network is capable of detecting
explosive gas using probes or alarms as follows unless the responsible party
has received authorization from Ohio EPA to use AMDs in lieu of
probes: (1) For an occupied structure located
within the horizontal limits of solid waste placement, using explosive gas
alarms. Upon consent of the owner of the occupied structure, the responsible
party shall install explosive gas alarms in the occupied structure in
accordance with the manufacturer's instructions. At a minimum, the
explosive gas alarm shall be capable of detecting gas concentrations of 1.25
per cent methane by volume or twenty-five per cent of the LEL. (2) For occupied structures located
within two hundred feet of the horizontal limits of solid waste placement, the
following: (a) Upon consent of the owner of the occupied structure,
install an explosive gas alarm in the occupied structure. At a minimum, the
explosive gas alarm shall be capable of detecting gas concentrations of 1.25
per cent methane by volume or twenty-five per cent of the LEL. (b) Install probes between the horizontal limits of solid
waste placement and the occupied structure in such location and number that
explosive gas migration through the unconsolidated stratigraphic unit,
fractured bedrock pathway, or man-made pathway towards the occupied structure
will be detected. If the occupied structure is outside the facility boundary,
the probe shall be located as close to the facility boundary as possible. If a
man-made barrier to gas migration is present, the probe shall be located
between the barrier and the occupied structure. (3) For occupied structures located
within one thousand feet of the horizontal limits of solid waste placement,
install probes between the horizontal limits of solid waste placement and the
occupied structure in such locations and numbers that explosive gas migration
through the unconsolidated stratigraphic unit, fractured bedrock pathway, or
man-made pathway towards the structure will be detected. If the occupied
structure is outside the facility boundary, the probe shall be located as close
to the facility boundary as possible. If a man-made barrier to gas migration is
present, the probe shall be located between the barrier and the occupied
structure. (4) For a licensed solid
waste landfill facility that accepted waste on or after June 1, 1994, by
installing probes that monitor explosive gas towards the facility boundary and
are located between the horizontal limits of solid waste placement and the
facility boundary. (I) Compliance monitoring. (1) Sampling frequency. The responsible
party shall conduct explosive gas compliance monitoring in accordance with the
following schedule: (a) For licensed solid waste landfill facility in operation
on or after June 1, 1994: (i) Monthly prior to
closure if any portion of the solid waste landfill facility is not lined with a
flexible membrane liner. (ii) Quarterly prior to
closure if the solid waste landfill facility is lined with a flexible membrane
liner. (iii) Quarterly during
the post closure care period. (b) For a solid waste landfill facility that ceased
acceptance of waste prior to June 1, 1994, but after July 1, 1970,
semiannually. (c) For a solid waste landfill facility regulated under
Chapter 3745-29 or Chapter 3745-30 of the Administrative Code, one of the
following: (i) Monthly prior to
closure if any portion of the solid waste landfill facility is not lined with a
flexible membrane liner. (ii) Quarterly prior to
closure if the solid waste landfill facility is lined with a flexible membrane
liner. (iii) Quarterly during
the post closure care period. (d) At an alternate frequency specified by Ohio EPA in
accordance with paragraph (J)(5) of this rule. (2) Operating record. For
a licensed solid waste landfill facility in operation on or after June 1, 1994,
the responsible party shall submit all EGMP certification reports, monitoring
results, contingency reports, and revisions to the approved EGMP into the
operating record in accordance with rule 3745-27-09 of the Administrative
Code. (J) Contingency monitoring. (1) The responsible party
shall implement contingency monitoring upon discovery of either of the
following gas concentrations: (a) Five per cent methane by volume or one hundred per cent
of the LEL at any probe or AMD. (b) 1.25 per cent methane by volume or twenty-five per cent
of the LEL in any occupied structure. (2) Notifications. Upon
discovery of gas concentrations exceeding a limit specified paragraph (J)(1) of
this rule, the responsible party shall immediately notify the
following: (a) The owner of the occupied structure. (b) The appropriate Ohio EPA district office and the local
board of health. (c) If the exceedance is in an occupied structure, the
local fire department. (3) Upon implementation
of contingency monitoring, the responsible party shall do the
following: (a) Increase the monitoring frequency for each probe and
AMD that exceed the LEL to a minimum of weekly unless otherwise directed by
Ohio EPA. (b) Submit the contingency monitoring results to Ohio EPA
and the local board of health not later than seven days following each
contingency monitoring event, unless otherwise directed by Ohio
EPA. (4) Cessation. The
responsible party may cease contingency monitoring when a minimum of four
sequential weekly monitoring events no longer exceed the limits specified in
paragraph (J)(1) of this rule. (5) Return to compliance
monitoring. Upon cessation of contingency monitoring in accordance with this
rule, the responsible party shall return to compliance monitoring at a
frequency specified by Ohio EPA. The first compliance monitoring event shall
occur not later than two months after cessation of contingency
monitoring. (K) Remediation procedures. If directed
by a notification from Ohio EPA pursuant to paragraph (A)(3)(b) of this rule or
if the responsible party is unable to mitigate or abate explosive gas
exceedances that are at the facility boundary and within one thousand feet of
an occupied structure after four weeks of contingency monitoring, the
responsible party shall prepare, submit, and implement a remediation plan as
follows: (1) Remediation plan. The
responsible party shall prepare and submit a remediation plan to Ohio EPA not
later than thirty days after receipt of the notice pursuant to paragraph
(A)(3)(b) of this rule or not later than thirty days after the initial four
weeks of contingency monitoring, whichever is applicable. The responsible party
shall ensure that the remediation plan contains an implementation schedule and
describes how the formation and migration of explosive gas from the facility
will be minimized or abated such that exceedances of the LEL at the facility
boundary cease. (2) The responsible party
shall implement the remediation plan not later than thirty days after receipt
of concurrence from Ohio EPA or in accordance with an alternative schedule
authorized in writing by Ohio EPA. (3) If the responsible
party has implemented the remediation plan and not abated or minimized the
formation and migration of explosive gas from the facility such that
exceedances of the LEL at the facility boundary continue to occur, then the
responsible party shall do the following: (a) Submit a revised remediation plan not later than thirty
days following notification from Ohio EPA that the remedy was not
successful. (b) Implement the revised remediation plan not later than
fourteen days after receipt of written approval from Ohio EPA. (4) Ohio EPA may
condition a remediation plan or a revised remediation plan to address any
deficiencies. The responsible party shall implement the conditioned remediation
plan not later than thirty days after receipt of written approval or in
accordance with an alternative schedule authorized in writing by Ohio
EPA. (L) Sampling procedures, calibration, and
maintenance. (1) Sampling procedures.
When conducting monitoring, the responsible party shall sample all monitoring
locations as follows: (a) Probes and AMDs shall not be vented prior to sampling
gas pressure or methane concentration. (b) The gas monitoring equipment shall have a detection
limit below one per cent methane by volume. (c) For all probes and AMDs, the following information
shall be recorded: (i) Ambient barometric
pressure. (ii) Ambient air
temperature. (iii) Observed weather
conditions. (d) For probes, information shall be recorded in the
following order: (i) Gas pressure in the
probe. (ii) Peak combustible gas
concentration in per cent methane by volume or in per cent LEL. (iii) Depth to water from
the top of casing. (e) For AMDs, peak combustible gas concentration shall be
recorded in per cent methane by volume or in per cent LEL. (2) Calibration procedures. The
responsible party shall maintain documentation of the calibration of explosive
gas monitoring equipment and ensure that the gas monitoring equipment used to
perform monitoring is properly calibrated per manufacturer's requirements
not later than twenty-four hours prior to performing any sampling. The
responsible party shall ensure the following: (a) Any gases used to calibrate the gas monitoring
equipment are not expired. (b) The calibration gas concentration is between one per
cent and five per cent methane by volume, or as specified by the
manufacturer. (3) Maintenance of explosive gas alarms.
The responsible party shall maintain explosive gas alarms installed in occupied
structures as follows: (a) Calibrate and assess the performance of the explosive
gas alarm at a minimum annually and submit documentation of the condition of
each alarm and calibration results to Ohio EPA not later than thirty days after
the calibration event. (b) Replace each defective or non-functioning alarm not
later than twenty-four hours after discovery that the alarm is not operating
per the manufacturer's specifications. (c) Immediately notify the individuals identified in
paragraph (J)(2) of this rule if an alarm indicates the presence of explosive
gas at 1.25 per cent methane by volume or twenty-five per cent of the LEL
within the occupied structure. (M) Reporting. (1) Not later than
fifteen days after the date of sampling, the responsible party shall submit the
explosive gas sampling results to Ohio EPA and the local board of health on
forms prescribed by the director. At a minimum, the results shall include the
following: (a) The identification designation for each probe and AMD
sampled. (b) The ambient barometric pressure, ambient air
temperature, and observed weather conditions on the date of
sampling. (c) The concentration of methane in each probe and AMD
sampled. (d) Any additional information specified on the form or
requested by Ohio EPA. (2) An alternative form
may be utilized by the responsible party if the alternative form contains all
of the information specified in paragraph (M)(1) of this rule. (N) Upon the director's finding that explosive gas
formation and migration threaten human health, safety or the environment, the
director may order a responsible party to perform such measures to abate or
minimize the formation or migration of explosive gas. (O) Cessation of explosive gas monitoring. The responsible
party of a solid waste landfill facility that has completed post closure care
may submit to the director a written request to cease explosive gas monitoring.
The request shall demonstrate that gas formation and migration from the solid
waste landfill facility is no longer a threat to human health, safety or the
environment.
Last updated July 1, 2021 at 11:58 AM
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Rule 3745-27-14 | Post-closure care of sanitary landfill facilities.
Effective:
January 1, 2021
(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 in accordance with the final
closure/post-closure care plan and this rule. The post-closure care period
begins when the certification pursuant to paragraph (J) of rule 3745-27-11 of
the Administrative Code has been submitted for all units 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 surface water management system, any explosive gas
extraction or control system, any explosive gas monitoring system, and the
ground water monitoring system. (2) Maintaining the
integrity and effectiveness of the access road and blocking of entrances, the
cap system, and stability of the landfill, including making repairs to the cap
system as necessary to correct the effects of slope failure, settling,
subsidence, ponding, erosion, leachate outbreaks, or other events, and
preventing run-on and runoff from eroding or otherwise damaging the access road
or cap system. If vegetative cover is established on less than seventy-five per
cent of the cap system, the owner or operator shall reseed and if appropriate,
amend the soil. (3) Maintaining signs
stating that the sanitary landfill facility no longer accepts solid waste for
two years after final closure activities have been completed. (4) Continuing operation and maintenance
of the leachate management system including the following: (a) Replacing or repairing the lift station pump within
twenty-four hours of discontinued operation. (b) If leachate generation suddenly decreases, visually or
physically inspecting the collection pipe network of the leachate management
system to ensure that clogging has not occurred. (c) For a sump serving a leachate collection system across
the bottom of the landfill, maintaining leachate no more than one foot above
the top elevation of the sump. Leachate may be stored within the limits of
waste placement if authorized in writing by the director. (5) Repairing any leachate outbreaks
detected at the sanitary landfill facility through completion of the
following: (a) Containing and properly managing the leachate at the
sanitary landfill facility. (b) If necessary, collecting, treating, and disposing of
the leachate including following the contingency plan for leachate storage and
disposal prepared pursuant to rule 3745-27-19 of the Administrative
Code. (c) Taking action to minimize, control, or eliminate the
conditions that contribute to the production of leachate. (6) Quarterly inspection of the 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 and
approved board of health 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) to (A)(5) of this rule. At
a minimum, the quarterly inspection shall assess the condition and operation of
the following: (a) The surface water management system. (b) The gas management system. (c) The access road and access controls. (d) For the initial three years of post-closure care,
signage. (e) The cap system and vegetative cover including any
occurrences of settling, subsidence or other effects of slope failure, ponding,
erosion, or leachate outbreaks. (f) The leachate management system including leachate depth
in the sump. (7) Fulfilling the monitoring and
reporting requirements in accordance with rule 3745-27-10 of the Administrative
Code for ground water, rule 3745-27-12 of the Administrative Code for explosive
gas, Chapter 3745-76 of the Administrative Code for landfill emissions, and any
monitoring and reporting requirements in accordance with 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. (8) If a substantial
threat of water pollution exists from leachate entering surface waters,
monitoring of the surface water as required by the director or health
commissioner. (9) Submitting a report to the
appropriate Ohio EPA district office and approved board of health and placing a
copy into the operating record not later than the first day of April of each
year. At a minimum, the report shall contain 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, the location of leachate treatment or disposal, and
copies of all testing results performed for 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 to rule 3745-27-10 of the Administrative Code. The grab
sample shall be obtained from the leachate management system. (c) A summary of the conditions and operation of the
leachate management system, ground water monitoring system, explosive gas
monitoring system, and any other monitoring and control system installed at the
sanitary landfill facility. (d) The most recent updated post-closure care cost estimate
adjusted for inflation and for any change in the post-closure cost estimate
pursuant to rule 3745-27-16 of the Administrative Code. (e) The occurrence of any of the following: (i) Construction of
occupied structures within one thousand feet of the limits of waste
placement. (ii) Installation of
water wells within one thousand feet of the limits of waste placement.
(iii) Surface mining
within three hundred feet of the limits of waste placement. (f) A statement that, to the best of the knowledge of the
owner, operator, or permittee, the information contained in the annual report
is true and accurate. (10) Maintaining records and reports
generated by paragraphs (A)(6), (A)(7), and (A)(9) of this rule that shall 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
board of health or their authorized representative, 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 permittee shall submit to the director
written certification that the sanitary landfill facility has completed
post-closure care activities in accordance with this rule and the final
closure/post-closure plan. The certification shall be accompanied by
documentation that demonstrates the post-closure care activities have been
completed and 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 sanitary landfill facility, 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 sanitary landfill
facility. (5) An assessment of the
integrity and stability of the cap system if post-closure care activities
cease. (C) The owner or operator may request to
discontinue or revise any of the activities contained in paragraph (A) of this
rule at any time during the post-closure care period by submitting a
performance-based and risk-based demonstration that is based on such factors as
the inspection or monitoring results or reports pursuant to this rule and
whether human health or safety of the environment is or will be protected. If
the director determines that discontinuance or revision of the post-closure
care requirements is unlikely to adversely impact human health, safety, and the
environment, the director may grant the request. [Comment: A release by the director from any
post-closure care obligations in accordance with this rule does not relieve the
owner or operator from any applicable obligations under Chapter 3704., 3734.,
or 6111. of the Revised Code or any other state or federal rules and
laws.] (D) The post-closure care period may be extended by order
of the director or a court of competent jurisdiction if conditions at a
sanitary landfill facility are impacting human health, safety, or the
environment or if ground water assessment or ground water corrective measures
are required to be conducted at the sanitary landfill facility in accordance
with rules adopted under Chapter 3734. of the Revised Code. (E) Upon written request by the owner or operator of a
noncontiguous unit of a sanitary landfill facility, the director may authorize
discontinuance of the ground water detection monitoring requirements of
paragraph (A)(6) of this rule at the noncontiguous unit prior to the end of the
post-closure care period for the sanitary landfill facility, provided the owner
or operator meets the following: (1) 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. (2) Is not implementing a ground water
quality assessment program or a corrective measures program pursuant to rule
3745-27-10 of the Administrative Code. (3) Is monitoring the noncontiguous unit
separately for the purpose of ground water detection monitoring. (F) The health commissioner and the director, or their
authorized representatives, upon proper identification, may enter any closed
sanitary landfill facility or closed noncontiguous unit at any time during the
post-closure care period for the purpose of determining compliance with this
rule.
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Rule 3745-27-15 | Financial assurance for solid waste facility or scrap tire transporter closure.
For the purposes of this rule, "owner or
operator" means the owner or operator of a solid waste landfill. (A) Applicability. (1) The owner or operator
shall submit financial assurance information as part of a permit to install
application for a new solid waste landfill, for a modification that increases
the closure cost estimate of an existing solid waste landfill, and 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 solid waste
landfills that were not issued a permit to install or that are subject to rule
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
shall execute and fund the closure financial assurance instrument submitted as
a part of a permit to install application prior to receipt of solid waste at a
new solid waste landfill, prior to acceptance of waste pursuant to a
modification that increases the closure cost estimate of an existing solid
waste landfill, 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 that did not receive a permit to install or is
subject to rule 3745-30-09 of the Administrative Code, as applicable, shall
execute and fund the closure financial assurance instrument not later than
sixty days after approval of the closure/post-closure care plan. (C) Closure financial assurance
instrument. (1) The closure financial assurance
instrument for a solid waste landfill shall contain an itemized written
estimate, in current dollars, of the cost of closure. The closure cost estimate
shall be based on a third party conducting the closure activities and the
following: (a) The cost of closure at the point in the operating life
of the solid waste landfill when the extent and manner of the solid waste
landfill's operation would make the closure the most
expensive. (b) To address multi-year closure activities at the solid
waste landfill, the cost of the following for each fifty-acre
increment: (i) Mobilization. (ii) Demobilization. (iii) Operation and
maintenance activities including but not limited to monitoring, maintenance of
engineered components, and leachate disposal. (2) 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 shall review the closure cost estimate as
follows and submit the most recently adjusted closure cost estimate and
financial assurance instrument to the director by certified mail or any other
form of mail accompanied by a receipt: (1) Annually review and
analyze the closure cost estimate. (2) If a change occurs
that increases the cost of closure, revise the closure cost estimate to account
for the increase. (3) Annually adjust the closure cost
estimate for inflation using the preceding February inflation factor derived
from the annual implicit price deflator for gross domestic product as published
by the U.S. department of commerce. The inflation factor is the result of
dividing the latest published annual deflator by the deflator for the previous
year. The inflation adjustment shall be calculated as follows: (a) For the first adjustment, by multiplying the closure cost
estimate by the inflation factor. The result is the adjusted closure cost
estimate. (b) For subsequent adjustments, by multiplying the most recently
adjusted closure cost estimate by the most recent inflation
factor. (E) The owner or operator shall select a
closure financial assurance mechanism from the list of mechanisms specified in
paragraphs (F) to (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 trust fund. (1) The owner or operator
may satisfy the requirements of this rule by establishing a closure trust fund
that conforms to 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 and by submitting a copy 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
whose 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 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, except as provided in paragraph (M) of this rule. Except for
payments made in accordance with paragraph (F)(4) of this rule, payments to the
trust fund shall be made annually by the owner or operator during the pay-in
period. The pay-in period shall be the anticipated life of the facility as
calculated using the authorized maximum daily waste receipt and the approved
volume of the solid waste facility as shown in the authorizing document. A
receipt from the trustee for each payment shall be submitted by the owner or
operator to the director and the first payment into the closure trust fund
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 and shall be made in accordance with this rule. Subsequent payments
to the closure trust fund shall be made as follows: (a) 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 by the owner or operator over the pay-in period. The owner or
operator shall continue to make payments 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 of the
pay-in period by providing alternative 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 by this paragraph or select
an alternative financial assurance mechanism. (4) The owner or operator
may accelerate payments into the trust fund or deposit the full amount of the
current closure cost estimate at the time the fund is established. The owner or
operator shall maintain the value of the fund at no less than the value of the
fund 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 the value after payment at
least equals the amount of the current closure cost estimate, or obtain
alternative 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: (a) 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) 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 alternative financial assurance mechanisms specified in
this rule for all or part of the trust fund. (8) Reimbursement for
closure. 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 requirements, or applicable rules, or are
otherwise justified, and if so, shall 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 solid waste
landfill. (9) The director may agree to termination
of the trust when one of the following occurs: (a) The owner or operator substitutes alternative financial
assurance for closure 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 the solid
waste landfill. (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 paragraph (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. The surety company
issuing the bond shall at a minimum be among those listed as acceptable
sureties on federal bonds in the most recent listing of approved sureties as
published by the U.S. department of the treasury. (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 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 paragraph (F) of this rule, except
as follows: (a) An originally signed duplicate of the trust agreement shall
be delivered to the director with the surety bond and a copy 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 (F) of this rule. (ii) Revisions of
"Schedule A" of the trust agreement to show the current 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: (a) Funds the standby trust fund in an amount equal to the penal
sum of the bond before the beginning of closure of the solid waste
landfill. (b) Funds the standby trust fund in an amount equal to the penal
sum not later than fifteen days after final closure is triggered in accordance
with the closure/post-closure care plan, permit or registration requirements,
or applicable rules. (c) Not later than ninety days after both the owner or
operator and the director receive notice of cancellation of the bond from the
surety, provides alternative financial assurance as specified in this rule and
obtains the director's written approval of the alternative financial
assurance provided. (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
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, or obtain alternative
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 shall 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 the solid waste landfill 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 the solid waste
landfill. (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 paragraph (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.
The surety company issuing the bond shall at a minimum be among those listed as
acceptable sureties on federal bonds in the most recent listing of approved
sureties as published by the U.S. department of the treasury. (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 paragraph (F) of this rule except as
follows: (a) An originally signed duplicate of the trust agreement shall
be delivered to the director with the surety bond, and a copy shall be 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 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 the current 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: (a) Performs closure in accordance with the closure/post-closure
plan, permit or registration requirements, or applicable rules. (b) Not later than ninety days after both the owner or
operator and the director receive notice of cancellation of the bond from the
surety, provides alternative financial assurance as specified in this rule and
obtains the director's written approval of the alternative financial
assurance provided. (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 landfill has failed to
perform closure activities in accordance with the closure/post-closure care
plan, permit requirements, or applicable rules, the surety shall perform
closure in accordance with the closure/post-closure care plan, permit
requirements, and 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 closure 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, or obtain alternative
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 shall 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 the solid waste landfill 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 the solid
waste landfill. (10) The surety shall not
be liable for deficiencies in the completion of closure of the solid waste
landfill 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 the solid waste
landfill. (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 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 (F) of this
rule, except as follows: (a) An originally signed duplicate of the trust agreement shall
be delivered to the director with the letter of credit, and a copy 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 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. (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: (a) The names and addresses of the solid waste landfill,
owner, and operator. (b) The amount of funds assured for closure of the solid
waste landfill 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 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, or obtain alternative 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 do the
following: (a) Perform closure in accordance with the closure/post-closure
care plan, permit requirements, or applicable rules. (b) Provide alternative financial assurance as specified in
this rule and obtain written approval of such alternative 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 and 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 alternative financial assurance as
specified in this rule and has failed to obtain written approval of such
alternative 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 alternative financial
assurance for closure of the solid waste landfill 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 the solid waste
landfill. (J) Closure insurance. (1) The owner or operator
may satisfy the requirements of this rule by obtaining closure insurance which
conforms to 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 submitting a copy of the certificate of insurance into the
operating record 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, 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 closure insurance policy shall
guarantee that funds will be available to close the solid waste landfill
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. (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
requirements, or 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 solid waste landfill. (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)(10) of
this rule. Failure to pay the premium, without substitution of alternative
financial assurance as specified in this rule, constitutes 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. At a minimum, the automatic renewal of the policy
shall 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 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 and the policy
will remain in full force and effect, if the following occurs on or before the
date of expiration: (a) Any activities required by the closure/post-closure care
plan, permit requirements, or applicable rules have not been
completed. (b) Closure 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 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, or obtain alternative 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 may 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 alternative financial
assurance for closure of the solid waste landfill 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 the solid waste
landfill. (K) Financial test and corporate
guarantee for closure of a solid waste facility. (1) The owner or operator
may satisfy 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 landfill, solid
waste transfer facility, 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 landfill,
solid waste transfer facility, or scrap tire transporter operations and shall
satisfy either of the following: (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 ten million dollars 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 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 the following: (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 shall meet
the minimum rating without that security. (ii) Tangible net worth
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 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. (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: (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 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 paragraph (K)(1) of this rule, the owner or operator
shall send a notice to the director of the intent to establish alternative
financial assurance as specified in this rule. The notice shall 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
of paragraph (K)(1) of this rule. The owner or operator shall also place a copy
of the notice in the operating record. The owner or operator shall provide
alternative 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
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
alternative 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 alternative 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 alternative financial
assurance for closure of a solid waste landfill. (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 solid waste landfill
or scrap tire transporter. (9) The owner or operator
may meet 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 the following: (a) The owner or operator shall perform closure of a solid waste
landfill 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 specified 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 the activities specified in paragraph (K)(9)(a) of
this rule. (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 alternative
financial assurance as specified in this rule or fails to obtain the written
approval of such alternative 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 alternative 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 shall meet the following
criteria: (a) A local government's financial statements shall be
prepared in accordance with generally accepted accounting principles for local
governments available from the financial accounting standards
board. (b) A local government shall 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 shall not currently be in default on any
outstanding general obligation bonds. (d) A local government shall 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 shall
meet the minimum rating without that security. (3) A local government
shall satisfy either of the following: (a) A local government shall demonstrate 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 demonstrate the
following: (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 shall
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 shall in each year
that the test is used, identify the current cost estimates in either its budget
or its comprehensive annual financial report. The solid waste landfill 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 shall 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 shall
be submitted to the director, and into the operating record in accordance with
rule 3745-27-09 of the Administrative Code: (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 includes
the following: (i) Lists all current
cost estimates covered by a financial test. (ii) Certifies that the
local government meets the conditions of paragraph (L)(2) of this
rule. (iii) Provides evidence
and certifies that the local government meets the conditions of either
paragraph (L)(3)(a) or (L)(3)(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 shall 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 the following: (i) The independent
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, 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 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, the local government shall send
a notice to the director of the intent to establish alternative financial
assurance as specified in this rule. The notice shall 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 of this
rule. The local government shall also place a copy of the notice in the
operating record. The local government shall provide alternative 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 alternative 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 alternative 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 alternative 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 solid waste
landfill. (M) Use of multiple financial assurance
mechanisms. The owner or operator may satisfy this rule by establishing more
than one financial assurance mechanism for the solid waste landfill. 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. If
the 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 closure of the solid waste
landfill. (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 financial assurance
obligations for more than one solid waste facility or scrap tire transporter
also owned or operated by the owner or operator. Evidence of financial
assurance submitted to the director shall include a list showing, for each
solid waste facility or scrap tire transporter, 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 solid waste
facility or scrap tire transporter. (O) Release of the owner or operator of a
solid waste landfill from 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 solid waste landfill,
unless the director has reason to believe that closure has not been completed
in accordance with Chapter 3745-27 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 final closure/post-closure care plan, permit or
registration requirements, or applicable rules. [Comment: The notice releases the owner or
operator only from the requirements for financial assurance for closure of the
solid waste landfill; it does not release the owner or operator from legal
responsibility for meeting the post-closure care standards or corrective
measures, if applicable.]
Last updated June 17, 2024 at 8:39 AM
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Rule 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 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 incinerators subject to the requirements of rules
3745-27-50 to 3745-27-53 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 or
3745-30-09 of the Administrative Code, as applicable, shall execute and fund
the post-closure care financial assurance instrument not later than sixty days
after 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 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, or require revisions to the
post-closure care cost estimate 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 the most recently adjusted post-closure care cost estimate to the
director by certified mail or any other form of mail accompanied by a receipt.
The owner or operator shall do the following: (1) Annually review and
analyze the post-closure care cost estimate and make any appropriate revisions
to the 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 shall be adjusted for inflation as
specified in paragraph (D)(2) of this rule. (2) Annually adjust the
post-closure care cost estimate for inflation. The adjustment shall be made
using the preceding February inflation factor derived from the annual implicit
price deflator for gross domestic product as published by the U.S. department
of commerce. The inflation factor is the result of dividing the latest
published annual deflator by the deflator for the previous year. The inflation
adjustment shall be calculated as follows: (a) For the first adjustment, by multiplying the post-closure
care cost estimate by the inflation factor. The result is the adjusted
post-closure care cost estimate. (b) For subsequent adjustments, 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 paragraph (F) to (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 that conforms to 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 and by submitting a copy into the
operating record of the facility in accordance with rule 3745-27-09 of the
Administrative Code, if applicable. The trustee shall be an entity that has the
authority to act as a trustee and whose 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 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. Except for payments made in accordance with paragraph (F)(4) of this
rule, payments to the trust fund shall be made annually by the owner or
operator during the pay-in period. The pay-in period shall be the anticipated
life of the facility as calculated using the authorized maximum daily waste
receipt and the approved volume of the sanitary landfill facility as shown in
the authorizing document. A receipt from the trustee for each payment shall be
submitted by the owner or operator to the director and the first payment into
the post-closure care trust fund 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 and shall be made in accordance with
this rule. Subsequent payments to the post-closure care trust fund shall be
made as follows: (a) No 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 of the
pay-in period by providing alternative 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 by this paragraph or select
an alternative financial assurance mechanism. (4) The owner or operator
may accelerate payments into the trust fund or deposit the full amount of the
current post-closure care cost estimate at the time the fund is established.
The owner or operator shall maintain the value of the fund at no less than the
value of the fund 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 mechanisms 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 the
value after payment at least equals the amount of the current post-closure care
cost estimate, or obtain alternative 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: (a) 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) 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 alternative financial assurance mechanisms 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, 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 post-closure
care of the facility. (9) The director may
agree to termination of a trust when one of the following occurs: (a) The owner or operator substitutes alternative 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. (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 which
conforms to 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 the most recent listing of approved sureties as
published by the U.S. department of treasury. (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 requirement 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 as follows: (a) An originally signed duplicate of the trust agreement shall
be delivered to the director with the surety bond and a copy shall be 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) Not later than ninety days after both the owner or operator
and the director receive notice of cancellation of the bond from the surety,
provides alternative financial assurance as specified in this rule and obtain
the director's written approval of the alternative financial assurance
provided. (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 alternative 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 shall 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 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
the most recent listing of approved sureties as published by the U.S.
department of the treasury. (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 paragraph (F) of this rule except as
follows: (a) An originally signed duplicate of the trust agreement shall
be delivered to the director with the surety bond and a copy shall be 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 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. (b) Provides alternative financial assurance as specified in this
rule, and obtains the director's written approval of the alternative
financial assurance provided, not later than ninety days after both the owner
or operator and the director receives 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 alternative 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 shall 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 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 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 as follows: (a) An originally signed duplicate of the trust agreement shall
be delivered to the director with the letter of credit, and a copy shall 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 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
this 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 alternative 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 do either of the
following: (a) Perform post-closure care activities in accordance with the
final closure/post-closure care plan, permit requirements, and applicable
rules. (b) Provide alternative financial assurance as specified in this
rule and obtain written approval of such alternative financial assurance from
the director not later than ninety days after the owner or 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 and 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 alternative financial
assurance as specified in this rule and has failed to obtain written approval
of such alternative 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 alternative 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 this rule by obtaining post-closure care insurance that conforms to
the requirements of this paragraph and by submitting a originally 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 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 rule 3745-27-14 or
3745-30-10 of the Administrative Code, as applicable, and the final
closure/post-closure plan, applicable rules, the permit, 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, the director may withhold reimbursement of such amounts as the
director 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)(10) of this rule. Failure to pay the premium, without substitution of
alternative financial assurance as specified in this rule, shall 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. At a minimum, the automatic renewal of
the policy shall 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, if the following occurs 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
not been completed. (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 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 alternative 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 may
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 alternative 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 shall satisfy either of the following: (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 ten million dollars 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 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 one of the
following: (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 shall 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 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 paragraph (K)(1) of this rule, the owner or operator
shall send notice to the director of the intent to establish alternative
financial assurance as specified in this rule 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 alternative 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
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 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 alternative 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 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 the following: (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 shall 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 alternative
financial assurance as specified in this rule, and fails to obtain the written
approval of such alternative 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 alternative 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 shall meet the following
criteria: (a) A local government's financial statements shall be
prepared in accordance with generally accepted accounting principles for local
governments available from the financial accounting standards
board. (b) A local government shall 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 shall not currently be in default on any
outstanding general obligation bonds. (d) A local government shall 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) A local government
shall satisfy either of the following: (a) The local government shall demonstrate 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 demonstrate the
following: (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 shall in each year
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 shall
be recorded. If the financial assurance obligation is to be included in the
budget, it shall 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 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 does the
following: (i) Lists all the 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 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 the following: (i) The independent
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, 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 this rule, the owner or operator shall send notice to the
director of the intent to establish alternative financial assurance as
specified in this rule 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 alternative
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 alternative 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 alternative 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 alternative 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 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 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 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 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 rule 3745-27-14 or 3745-30-10 of the
Administrative Code or the final closure/post-closure plan after receiving
certifications from the owner or operator and an independent professionals
skilled in the appropriate disciplines 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 the owner or operator from legal
responsibility for meeting the final closure standards or corrective measures,
if applicable.]
Last updated May 28, 2021 at 10:00 AM
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Rule 3745-27-17 | Wording of financial assurance instruments.
Effective:
April 22, 2019
(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 environmental protection or the director's authorized representative. 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 the trustee's 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, and upon the director's written approval, 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 or any other form of mail accompanied by a receipt not later than ten days before such change becomes effective. The director's written approval must be given prior to the ten days notice provided by the successor trustee. 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 a surety bond guaranteeing payment into a trust fund, a surety bond guaranteeing performance, or a letter of credit, 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 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, 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) and the director, 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/post-closure 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/post-closure 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/post-closure 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/post-closure 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/post-closure plan, 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) and the director, 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 or any other form of mail accompanied by a receipt 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"):______________ 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 provided under the insurance policy (the aggregate amount for all 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 insurance 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 insurance 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 insurance 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 facilities or scrap tire transporters and associated cost estimates. If your firm has no facilities or scrap tire transporters that belong in a particular paragraph, write "none" in the space indicated. For each 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 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. | Date of issuance of bond:_______________. | | 4. | Date of maturity of bond:_______________. | | *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 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 plans 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/post-closure care," or "corrective measures"] of the above facility in accordance with the final closure/post-closure plans 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 the guarantor is disallowed from continuing as a guarantor of final closure, post-closure care, corrective measures, or scrap tire transporter final closure, the guarantor 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 plan or corrective measures plan, amendment or modification of the permit or registration, 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 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.
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Rule 3745-27-18 | Corrective measures financial assurance for a sanitary landfill facility.
Effective:
January 1, 2017
(A) Applicability. Except as provided in paragraph (C) 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 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 paragraph
(A)(1) or (A)(2) of this rule, the owner or operator shall do the
following: (a) Not later than ninety days after being required to
undertake corrective actions in accordance with paragraph (A) of this rule,
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) Not later than one hundred twenty days after being
required to undertake corrective actions in accordance with paragraph (A) of
this rule, 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) Not later than the date of permit issuance, execute the
corrective measures financial assurance instrument, and prior to receipt of
solid wastes in the units authorized by the permit, fund the corrective
measures financial assurance instrument. (C) This rule does 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 units 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 do the following: (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 the preceding February inflation factor
derived from the annual implicit price deflator for gross domestic product as
published by the U.S. department of commerce. 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) to (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 this rule by establishing a corrective measures trust fund which
conforms to this paragraph, and by 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 paragraphs (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 mechanisms 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) 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) 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
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 care 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 (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 this rule by obtaining a surety bond that conforms to 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. (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 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 paragraph (G) of this rule, except
as follows: (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
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 alternative
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 this rule by obtaining a surety bond which conforms to 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. (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 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
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 the 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 the permit to
install or plan approval, the surety shall perform corrective measures in
accordance with the applicable authorizing document, including the 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 this rule by obtaining an irrevocable standby letter of credit
("letter of credit") which conforms to 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 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 as
follows: (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
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 this 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 do the
following: (a) Perform corrective measures activities in accordance
with the applicable authorizing document, including the 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 this rule by obtaining corrective measures insurance which conforms
to this paragraph and by submitting a 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 described
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 the 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, the director may withhold reimbursement of such amounts
as the director deems prudent until the director 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 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) Corrective measures activities required in the
applicable authorizing document, including permit to install or plan approval
have occurred. (b) The owner or operator is named as debtor in a voluntary
or involuntary proceeding under title 11 (bankruptcy), U.S. Code. (c) The premium due is paid. (9) Whenever the current
corrective measures 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 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 face
amount may be reduced to the amount of the current corrective measures 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 corrective measures as specified in this rule. (b) The director notifies the owner or operator, in
accordance with paragraph (P) of this rule that owner or operator is no longer
required to maintain financial assurance for corrective measures. (L) Financial test and corporate
guarantee for corrective measures. (1) The owner or operator
may satisfy 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 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 the
following: (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". Owner and
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 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 located 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 (L)(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: (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 (L)(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, not later than ninety days after the close of each
succeeding fiscal year. This information shall include all three items
specified in paragraph (L)(3) of this rule. (5) If the owner or
operator no longer meets paragraph (L)(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. 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
paragraph (L)(1) of this rule, require reports of financial condition at any
time from the owner or operator in addition to those specified in paragraph
(L)(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 paragraph (L)(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 independent
certified public accountant's 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) During the period of
corrective measures, the director may approve in writing a decrease in the
current corrective measures cost estimate, if the owner or operator
demonstrates, to the satisfaction of the director, that the amount of the
corrective measures cost estimate exceeds the cost of the remaining corrective
measures activities. Whenever the current corrective measures cost estimate
decreases, the amount listed on the chief financial officer's letter may
be reduced to the amount of the current corrective measures cost estimate
following written approval by the director. (9) The owner or operator
is no longer required to submit the items specified in paragraph (L)(3) of this
rule when either of the following occur: (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. (10) The owner or
operator may meet this rule by obtaining a written guarantee, hereafter
referred to as a corporate guarantee. The guarantor shall be a parent
corporation of the owner or operator. The guarantor shall meet the requirements
for an owner or operator in paragraphs (L)(1) to (L)(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 (L)(3) of this rule. The terms of the corporate guarantee shall
provide the following: (a) The owner or operator shall perform corrective measures
of a facility provided for by the corporate guarantee in accordance with the
applicable authorizing document, including permit to install or plan
approval. (b) The guarantor shall perform the activities in paragraph
(L)(10)(a) of this rule or shall establish a trust fund in the name of the
owner or operator as specified in paragraph (G) of this rule if the owner or
operator fails to performs 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. (M) Local government financial test for
corrective measures. (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 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 shall 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 shall 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 shall not currently be in default on
any outstanding general obligation bonds. (d) A local government shall 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 shall
meet the minimum rating without that security. (3) In addition to
satisfy the financial component of the test, a local government shall meet
either of the following criteria: (a) The local government shall 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 the
following: (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 shall 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: (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 as
follows: (i) Lists all the current
cost estimates covered by a financial test. (ii) Certifies that the
local government meets the conditions of paragraph (M)(1) of this
rule. (iii) Provides evidence
and certifies that the local government meets the conditions of either
paragraph (M)(2)(a) or (M)(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 the following: (i) The independent
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 account or
auditor of the state states that the independent certified public account or
auditor of the state 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, 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 this rule, notice shall be sent to the director of the intent
to establish alternate financial assurance as specified in this rule. The
notice shall 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. 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 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) 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 corrective measures as specified in this rule. (b) The director notifies the local government, in
accordance with paragraph (P) of this rule, that the local government is no
longer required to maintain financial assurance for corrective measures of the
facility. (N) Use of multiple financial assurance
mechanisms. The owner or operator may satisfy 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 corrective measures trust fund, letter of credit, insurance, and the
local government financial test. The mechanisms shall be as specified in
paragraphs (G), (H), (J), (K), and (M) 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
corrective measures 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
(G), (H), (J), (K), and (M) of this rule, to provide for corrective
measures. (O) Use of a financial mechanism for
multiple facilities. The owner or operator may use a financial
assurance mechanism specified in this rule to meet 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 corrective measures 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. (P) 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 corrective measures at a particular
facility, unless the director has reason to believe that corrective measures
have not been completed in accordance with the requirements of the applicable
authorizing document, including permit to install or plan
approval. [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."
A copy of the Circular 570 is available at http://www.gpo.gov/fdsys/.]
Last updated October 22, 2024 at 10:47 AM
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Rule 3745-27-19 | Operational criteria for a sanitary landfill facility.
(A) Any reference to this rule in rule
3745-27-06 of the Administrative Code shall be construed as
follows: (1) The reference in
paragraph (B)(3)(h) of rule 3745-27-06 of the Administrative Code as a
reference to rule 3745-535-650 of the Administrative Code. (2) The reference in
paragraph (C)(2) of rule 3745-27-06 of the Administrative Code as a reference
to Chapter 3745-535 of the Administrative Code. (B) Any reference to this rule in rule
3745-27-07 of the Administrative Code shall be construed as a reference to rule
3745-535-500 of the Administrative Code. (C) Any reference to this rule in rule
3745-27-08 of the Administrative Code shall be construed as
follows: (1) The reference in
paragraph (A) of rule 3745-27-08 as a reference to Chapter 3745-512 of the
Administrative Code. (2) The reference in the
comment immediately following paragraph (D) of rule 3745-27-08 of the
Administrative Code as a reference to rules 3745-535-500 or 3745-535-630 of the
Administrative Code or Chapter 3745-512 of the Administrative Code, as
appropriate. (3) The reference in
paragraph (D)(19) of rule 3745-27-08 of the Administrative Code as a reference
to rule 3745-535-630 of the Administrative Code. (4) The reference in
paragraph (H) of rule 3745-27-08 of the Administrative Code as a reference to
rules 3745-535-500 or 3745-535-630 of the Administrative Code or Chapter
3745-512 of the Administrative Code, as appropriate. (5) The reference in the
comment immediately following paragraph (H)(2)(b) of rule 3745-27-08 of the
Administrative Code as a reference to rule 3745-535-610 of the Administrative
Code. (6) The reference in the
comment immediately following paragraph (H)(3) of rule 3745-27-08 of the
Administrative Code as a reference to rule 3745-512-55 of the Administrative
Code. (D) Any reference to this rule in rule
3745-27-09 of the Administrative Code shall be construed as
follows: (1) The reference in
paragraph (H)(2)(a) or (H)(7) of rule 3745-27-09 of the Administrative Code as
a reference to rule 3745-535-620 of the Administrative Code. (2) The reference in
paragraph (H)(2)(g) of rule 3745-27-09 of the Administrative Code as a
reference to rule 3745-535-650 of the Administrative Code. (3) The reference in
paragraph (H)(6) of rule 3745-27-09 of the Administrative Code as a reference
to rule 3745-535-660 of the Administrative Code. (4) The reference in the
comment in rule 3745-27-09 of the Administrative Code as a reference to rules
3745-535-500, 3745-535-620, 3745-535-650, and 3745-535-670 of the
Administrative Code. (E) Any reference to this rule in rule
3745-27-10 of the Administrative Code shall be construed as a reference to
Chapter 3745-535 of the Administrative Code. (F) Any reference to this rule in rule
3745-27-11 of the Administrative Code shall be construed as a reference to
Chapter 3745-535 of the Administrative Code. (G) Any reference to this rule in rule
3745-27-12 of the Administrative Code shall be construed as a reference to rule
3745-535-670 of the Administrative Code. (H) Any reference to this rule in rule
3745-27-14 of the Administrative Code shall be construed as a reference to rule
3745-535-650 of the Administrative Code. (I) Any reference to this rule in rule
3745-27-20 of the Administrative Code is no longer applicable. (J) Any reference to this rule in rule 3745-27-90 of the
Administrative Code shall be construed as a reference to rule 3745-535-630 of
the Administrative Code.
Last updated June 17, 2024 at 8:39 AM
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Rule 3745-27-20 | Prohibitions and closure.
Effective:
January 1, 2017
(A) Prohibitions. (1) After June 1, 1994,
no owner or operator shall place municipal solid waste in any unfilled areas of
an existing unit of a sanitary landfill facility unless the unfilled areas are
at a minimum provided with an interim composite liner/leachate collection
system in accordance with paragraph (B) of rule 3745-27-08 of the
Administrative Code. The owner or operator shall place a copy of the design for
the interim composite liner/leachate collection system into the operating
record in accordance with rule 3745-27-09 of the Administrative
Code. [Comment: Paragraph (C) of rule 3745-27-19 of
the Administrative Code, requires strict compliance with the applicable
authorizing documents and specifies the circumstances in which the
"interim composite liner/leachate collection system" may be used in
lieu of the system approved in the applicable authorizing documents. (2) After June 1, 1994,
no owner or operator shall place municipal solid waste in any new unit of
sanitary landfill that is not at a minimum provided with an interim composite
liner/leachate collection system in accordance with paragraph (B) of rule
3745-27-08 of the Administrative Code. The owner or operator shall place a copy
of the design for the interim composite liner/leachate collection system into
the operating record in accordance with rule 3745-27-09 of the Administrative
Code. [Comment: Paragraph (C) of rule 3745-27-19 of
the Administrative Code, requires strict compliance with the applicable
authorizing documents and specifies the circumstances in which the
"interim composite liner/leachate collection system" may be used in
lieu of the system approved in the applicable authorizing documents. (3) After June 1, 1994,
no owner or operator shall place municipal solid waste in any new units unless
the owner or operator has demonstrated compliance with all of the following
location restrictions and placed a copy of the demonstration into the operating
record of the sanitary landfill facility in accordance with rule 3745-27-09 of
the Administrative Code: (a) Paragraph (C)(1) of this rule (airports). (b) Paragraph (C)(2) of this rule (floodplains). (c) Paragraph (C)(3) of this rule (fault areas). (d) Paragraph (C)(4) of this rule (seismic impact
zone). (e) Paragraph (C)(5) of this rule (unstable areas). (4) After June 1, 1994,
no owner or operator shall construct or operate new units or unfilled areas of
an existing unit of a sanitary landfill facility such that the construction or
operation occurs in a wetland, unless the owner or operator has obtained any
necessary permits and approvals required pursuant to sections 401 or 404 of the
Clean Water Act (July 11, 2006) (33 United States Code section 1341 and 1344).
The "Clean Water Act" can be found at
https://www.gpo.gov/fdsys/browse/collectionUScode.action?collectionCode=
USCODE. (B) Existing unit closure for failure to
demonstrate compliance with location restrictions. (1) The owner or operator
of an existing unit of sanitary landfill facility must complete closure
activities pursuant to rule 3745-27-11 of the Administrative Code by October 9,
1996, if the owner or operator cannot demonstrate compliance with all of the
following location restrictions: (a) Paragraph (C)(1) of this rule (airports). (b) Paragraph (C)(2) of this rule (floodplains). (c) Paragraph (C)(5) of this rule (unstable areas). The owner or operator shall place a copy of the
demonstrations into the operating record in accordance with rule 3745-27-09 of
the Administrative Code. (2) The director may
extend the deadline for closure for up to two years if the owner or operator of
the existing unit demonstrates both of the following: (a) There is no available regional disposal capacity and closure
of the sanitary landfill would cause a local disposal capacity
crisis. (b) There is no immediate threat to human health and the
environment. In determining whether there is a threat to human health and the
environment from the continued operation of the existing unit the director may
consider but is not limited to the following: (i) The impact of the
existing unit on ground water including the results and status of detection
monitoring, assessment monitoring, or corrective measures
programs. (ii) Operations at the
existing unit including compliance with daily, intermediate, and final cover
requirements and leachate management. (C) Location restriction
demonstrations. (1) The limits of solid
waste placement of the sanitary landfill facility are not located within ten
thousand feet (three thousand forty-eight meters) of any airport runway end
used by turbojet aircraft or within five thousand feet (one thousand five
hundred twenty-four meters) of any airport runway end used by only piston-type
aircraft, unless the owner or operator can demonstrate that the sanitary
landfill facility will be so designed and operated that the sanitary landfill
facility will not pose a bird hazard to aircraft. (2) The limits of solid
waste placement of the sanitary landfill facility are not located in a
"regulatory floodplain" unless the owner or operator can demonstrate
that the units of the sanitary landfill facility will not restrict the flow of
the one hundred year flood, reduce the temporary water storage capacity of the
floodplain, or result in washout of solid waste so as to pose a hazard to human
health and the environment. (3) The sanitary landfill
facility is not located within two hundred feet of a fault that has had
displacement in Holocene time unless the owner or operator can demonstrate that
a distance less than two hundred feet will prevent damage to the structural
integrity of the sanitary landfill facility and will be protective of human
health and the environment. For the purposes of this rule, "fault,"
"displacement," and "Holocene" have the following
meanings: (a) "Fault" means a fracture along which strata on one
side of the fracture have been displaced with respect to strata on the other
side of the fracture. (b) "Displacement" means the relative movement of any
two sides of a fault measured in any direction. (c) "Holocene" means the most recent epoch of the
Quaternary period extending from the end of the Pleistocene to the
present. (4) The sanitary landfill
facility is not located in a seismic impact zone, unless the owner or operator
demonstrates that all containment structures, including liners, leachate
collections systems, sedimentation ponds, and surface water control systems,
are designed to resist the maximum horizontal acceleration in lithified earth
material for the site. (5) The sanitary landfill
facility is not located in an unstable area, unless the owner or operator
demonstrates that engineering measures have been incorporated into the design
of the sanitary landfill facility to ensure that the integrity of the
structural components will not be disrupted; except, that for an area of
potential subsidence resulting from underground mining, the demonstration must
show that the voids are filled or removed if the sanitary landfill facility is
located above an underground mine or within the angle of draw of an underground
mine. All of the following factors shall be considered when determining whether
an area is unstable: (a) On-site or local soil type and hydraulic
conditions. (b) On site or local geologic or geomorphologic
features. (c) On site or local human-made features (both surface and
subsurface). (d) On site or local events (both surface and
subsurface).
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Rule 3745-27-30 | Standards for generators of infectious wastes.
(A) Each generator of less than fifty pounds of infectious waste in any one month (small generator) shall: (1) Identify and separate infectious from non-infectious waste at the point of generation for the purposes of determining whether the generator must comply with paragraph (B) of this rule; (2) Place sharp infectious wastes in a "sharps" container. (3) (a) Either treat all specimen cultures and cultures of viable infectious agents on the premises where they are generated to render them noninfectious by any of the methods, techniques, or practices prescribed by paragraph (B) of rule 3745-27-32 of the Administrative Code before they are transported off that premises for disposal; or (b) Ensure that such wastes are treated to render them noninfectious at a treatment facility off that premises that is owned or operated by the generator, a treatment facility that holds a license issued under division (B) of section 3734.05 of the Revised Code, a treatment facility that is authorized by rule 3745-27-32 of the Administrative Code, prior to disposal of the wastes, or a facility in another state operating in compliance with state and federal regulations. (4) Not be considered a treatment facility as "treatment" and "facility" are defined in section 3734.01 of the Revised Code when the generator treats specimen cultures and cultures of viable infectious agents on the premises where they are generated. Such treated cultures may be transported and disposed of in the same manner as solid wastes and need not comply with the disposal paper as described in rule 3745-27-33 of the Administrative Code; (5) Quantify the waste generation rate and keep records recorded in pounds. This generation rate and record shall pertain to the aggregate quantity of waste generated on the premise owned or operated by the generator on a calendar month basis. Upon request of the board of health or its authorized representative, or the director or his authorized representative, the generator shall provide information regarding the infectious waste generation rate, the generator shall quantify and record the monthly generation rate. A monthly generation rate log shall display the month and the weight of all the infectious waste generated on the premises during that calendar month. (6) Determine by monthly records, required by paragraph (A)(5) of this rule, if fifty pounds or more of infectious waste is generated. If fifty pounds or more of infectious waste is generated in any one month the generator shall register with the Ohio environmental protection agency as a generator of infectious waste on the forms prescribed by the director and as outlined in paragraph (A) of rule 3745-27-36 of the Administrative Code. Generator registration certificates shall apply to premises and shall not include emergency vehicles or public safety vehicles; and (7) Comply with paragraph (C) of this rule. A generator who complies with paragraph (A)(2) of this rule and who generates less than fifty pounds of infectious wastes each month and does not hold a certificate of registration as a generator of infectious wastes may dispose of infectious wastes in the same manner as solid wastes. (B) Each generator of infectious wastes holding a certificate of registration under paragraph (A) of rule 3745-27-36 of the Administrative Code, and any other person who generates fifty pounds or more of infectious wastes in any one month (large generator), shall: (1) Segregate infectious wastes from other wastes at the point of generation. At a minimum, infectious wastes shall be placed in separate containers, from other wastes until rendered non-infectious; (2) Place sharp infectious wastes in a "sharps" container; (3) Not grind any sharp infectious wastes, not compact any such wastes until after the wastes have been treated in accordance with rule 3745-27-32 of the Administrative Code and not compact or grind any other type of infectious wastes until after the wastes have been treated in accordance with rule 3745-27-32 of the Administrative Code; (4) Dispose of the infectious wastes at a solid waste disposal facility holding a license issued under division (A) of section 3734.05 of the Revised Code, after being treated to render them non infectious by either: (a) Treating the infectious waste that is generated at a facility owned or operated by the generator by any of the methods, techniques, or practices prescribed by paragraph (A) of rule 3745-27-32 of the Administrative Code to render them non-infectious; or (b) Designating the wastes for treatment off that premises at an infectious waste treatment facility holding a license issued under division (B) of section 3734.05 of the Revised Code, or to a facility that holds a license issued under section 4717.17, and a permit issued under Chapter 3704. of the Revised Code to the extent that the treatment of those wastes is consistent with that permit and its terms and conditions prior to disposal of the wastes, or a facility in another state operating in compliance with state and federal regulations. (5) Provide information on the major components of the infectious wastes, any method of treatment of the wastes to render them non-infectious, and the generator's system for distinguishing between waste containers that contain treated and untreated wastes to persons with whom the generator has entered into an arrangement to treat or dispose of the wastes upon receiving a written request from those persons; (6) Ensure that all treated infectious wastes that are transported off the premises where they are generated are accompanied by a disposal paper that meets the requirements of rule 3745-27-33 of the Administrative Code. (C) All generators of infectious wastes shall comply with the following provisions: (1) A generator of infectious wastes, who also generates wastes consisting of any instrument designed to pierce or lacerate used in the body adornment of human beings, that have come in contact with blood or other body fluids, including, but not limited to needles, syringes with an attached needle, or any other type of instrument designed for the purpose to pierce or lacerate, shall manage such instruments in the same manner as sharp infectious wastes; (2) Nothing in this rule prohibits a generator of infectious wastes from designating and managing wastes, in addition to infectious wastes, as infectious wastes when, in the judgment of the generator, those other wastes should be managed as infectious wastes because they are, or are likely to be, contaminated with infectious agents. After designating any such other wastes as infectious, the generator shall manage those wastes in compliance with the requirements of this rule; (3) Generators of infectious wastes may discharge untreated liquid or semiliquid infectious wastes consisting of blood, blood products, body fluids, and excreta into a disposal system, as defined in section 6111.01 of the Revised Code, unless the discharge of those wastes into a disposal system is inconsistent with the terms and conditions of any permit for the system issued under Chapter 6111. of the Revised Code; (4) A generator holding a license issued under section 4717.17 of the Revised Code shall not consider the weight of blood, blood products, other body fluids, or embalming fluids that are discharged on the site of their generation into a disposal system, as defined in section 6111.01 of the Revised Code, when determining the quantity of infectious wastes produced by that generator or the monthly generation rate; (5) A generator of infectious wastes may transport or cause to be transported infectious wastes that have been treated to render them noninfectious in accordance with paragraph (B) of rule 3745-27-32 of the Administrative Code in the same manner as noninfectious wastes are transported; (6) No wastes consisting of dead animals or parts thereof shall be considered when determining the quantity of infectious wastes produced by any generator if the dead animals or parts meet all of the following: (a) Were not intentionally exposed to infectious agents during research, production of biologicals, or testing of pharmaceutical; (b) Were produced by a veterinarian holding a license issued under Chapter 4741. of the Revised Code; or (c) Were treated or disposed of by a person holding a license issued under Chapter 953. of the Revised Code. (7) Any infectious waste or infectious waste mixture that meets the definition of hazardous waste as specified in rule 3745-51-03 of the Administrative Code shall be managed as a hazardous waste in accordance with Chapters 3745-50 to 3745-69 of the Administrative Code. No generator of infectious waste shall transport, or cause to be transported, wastes deemed hazardous in accordance with rule 3745-51-03 of the Administrative Code to an infectious waste treatment facility licensed in accordance with section 3734.05 of the Revised Code; (8) A generator of infectious waste who produces infectious waste that is also radioactive waste shall: (a) Manage the waste in accordance with applicable Ohio department of health and U.S. nuclear regulatory commission regulations; and (b) Use a monitoring instrument, calibrated at least annually, to verify that infectious waste that is also radioactive is no longer required to be managed in accordance with Ohio department of health and U.S. nuclear regulatory commission regulations; and (c) Not transport, or cause to be transported, any infectious waste that is also radioactive to an infectious waste treatment facility licensed under section 3734.05 of the Revised Code unless the monitoring instrument indicates that the levels of radioactivity do not exceed Ohio department of health and U.S. nuclear regulatory commission regulations for managing as a non-regulated material or waste. [Comment: The purpose of this paragraph is to clarify the interaction between this rule and the statutory requirements of the Ohio department of health, Chapter 3748. of the Revised Code and rules promulgated thereunder, and the U.S. nuclear regulatory commission when materials are both infectious waste and radioactive waste.] (d) Infectious waste that is also radioactive but no longer required to be managed in accordance with Ohio department of health or U.S. nuclear regulatory commission regulations shall be handled in accordance with rule 3745-27-35 of the Administrative Code. [Comment: The intent of this regulation is to have the generator of the wastes verify that the contents have decayed to a sufficient level that the wastes are no longer regulated as radioactive wastes or materials.] (9) A generator, that is a hospital as defined in section 3727.01 of the Revised Code, may accept for treatment or storage prior to treatment the following wastes: (a) Sharp infectious wastes and all unused discarded hypodermic needles, syringes, and scalpel blades that are in containers securely closed to prevent leaks or punctures that are generated by a generator of less than fifty pounds in any one month and who has staff privileges at the hospital; (b) Infectious wastes generated by an individual for purposes of their own care or treatment; and (c) Infectious wastes generated in providing care to a patient by an emergency medical services organization as defined in section 4765.01 of the Revised Code. (10) An emergency medical services organization, as defined in section 4765.01 of the Revised Code, shall not be required to quantify the infectious waste that is accepted by a generator that is a hospital as defined in section 3727.01 of the Revised Code; (11) A generator shall handle all infectious wastes in accordance with rule 3745-27-35 of the Administrative Code.
Last updated October 17, 2024 at 12:36 PM
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Rule 3745-27-32 | Standards for the operation of infectious waste treatment facilities.
(A) The owner or operator of an infectious waste treatment facility shall treat all infectious wastes in accordance with an approved infectious waste treatment method. Infectious waste treatment facilities are licensed infectious waste treatment facilities and all large generators who treat infectious wastes on-site. Treatment shall occur in accordance with all paragraphs in this rule applicable to that particular treatment technology and paragraph (I) of this rule. The following is a list of infectious waste treatment methods approved in the state of Ohio: (1) Incineration, as specified in paragraphs (C) and (I) of this rule; (2) Autoclaving, as specified in paragraphs (D) and (I) of this rule; (3) Chemical treatment utilizing a sodium hypochlorite solution for cultures, as specified in paragraphs (E) and (I) of this rule; (4) Applied heat encapsulation for sharps, as specified in paragraphs (F) and (I) of this rule; (5) Chemical treatment utilizing peracetic acid and grinding, as specified in paragraphs (G) and (I) of this rule; and (6) Alternative treatment technologies approved by the director. The owner or operator of any infectious waste treatment facility utilizing either a statewide or a site-specific alternative infectious waste treatment technology approved by the director in accordance with rule 3745-27-38 of the Administrative Code shall comply with the director's approval letter for that treatment technology and paragraph (I) of this rule. (B) All small generators who choose to treat infectious wastes on the premises where they are generated shall comply with the following applicable paragraphs in this rule. Treatment shall occur using an approved infectious waste treatment method and in accordance with paragraph (C)(1), (D)(1), (E)(1), (F)(1) or (G)(1) of this rule or in accordance with a director's approval letter issued in accordance with rule 3745-27-38 of the Administrative Code. (C) Incineration. The owner or operator of any infectious waste treatment facility utilizing incineration as a treatment technology shall comply with the following: (1) Methodology. The owner or operator shall use methods, techniques, and practices for the treatment of infectious wastes in accordance with the following: (a) All incineration shall occur in a multi-chamber incinerator which provides complete combustion of the wastes, excluding metallic, glass, and ceramic items; (b) A minimum temperature of one thousand two hundred degrees Fahrenheit in the primary chamber and a minimum of one thousand six hundred degrees Fahrenheit with a minimum one second residence time in the secondary chamber shall be maintained; [Comment: Additional temperature, residence time, and compliance testing requirements may be necessary to achieve appropriate air emission standards in accordance with Chapter 3704. of the Revised Code.] (c) Each incinerator shall be equipped with a mechanical process(es) to prevent the charging of infectious wastes into the incinerator until the minimum temperatures required in paragraph (C)(1)(b) of this rule are achieved; (d) Incinerators shall have automatic auxiliary burners that are capable, excluding the heat content of the wastes, of independently maintaining the secondary chamber temperature at the minimum of one thousand six hundred degrees Fahrenheit; (e) Incinerators shall not be charged beyond either: (i) The maximum hourly waste capacity. For the purposes of this rule, the maximum hourly waste capacity is the same as the hourly capacity as stated in the permit to operate issued by Ohio EPA, division of air pollution control; or (ii) The design capacity as determined by the manufacturer, if no permit to operate is issued by Ohio EPA, division of air pollution control. (f) Wastes not combusted to ash, except for metallic, glass, and ceramic items, shall be handled and treated as infectious wastes and may be reincinerated. (2) Specific operational criteria. The owner or operator shall design, construct, and operate the equipment for the treatment of infectious wastes in accordance with the following: (a) Store all ash from the incinerator in a leakproof, closed container. The ash shall be free of liquids before disposal; (b) Any ash spilled outside of the treatment unit shall be managed as treated infectious wastes unless the owner or operator has reason to manage such wastes as hazardous waste; (c) The owner or operator shall: (i) Characterize the ash resulting from the treatment of infectious wastes as either a solid waste or a hazardous waste by: (a) Separately testing fly ash and bottom ash for metals, and; (b) Obtaining representative samples of bottom and fly ash utilizing the "simple random sampling method" described in the "U.S. EPA Test Methods for Evaluating Solid Waste, third edition (SW846)," chapter nine. The samples shall be collected and tested quarterly, or more frequently as required by Ohio EPA, for the toxicity characteristic leaching procedure (TCLP) for metals utilizing an independent analytical laboratory using the methodology specified in the "hazardous waste rules" as defined in paragraph (A) of 3745-50-10 of the Administrative Code. (ii) Manage the ash in accordance with the applicable solid waste or hazardous waste requirements in Chapter 3734. of the Revised Code and the rules adopted thereunder. [Comment: Pursuant to paragraph (I) of this rule, the owner or operator of an incinerator must maintain for a three year period the dated permanent recordings of primary and secondary chamber temperatures, documentation of calibration or replacement of the temperature measuring or recording devices, results of Bacillus species spore testing, if so required, and the results of fly and bottom ash testing.] (3) Quality assurance. The owner or operator of the infectious waste treatment technology shall use the following quality assurance testing requirements to demonstrate that the treatment unit is capable of attaining the performance standard as specified in this rule for the treatment of infectious wastes: (a) Produce and maintain a permanent record of primary and secondary chamber temperatures utilizing continuous temperature recorders. Chamber temperatures shall also be displayed for visual monitoring. In the event of a temperature recorder failure the owner or operator shall: (i) Manually record the chamber temperature(s). The chamber temperature(s) shall be manually recorded immediately after each charge of infectious waste and, at a maximum, once every ten minutes thereafter until the burn down cycle is initiated. Manual recording of the temperature(s) shall continue until repair of the recording device. The operator shall demonstrate proof that repair parts have been ordered if requested by Ohio EPA or approved health department; and [Comment: Temperature recordings taken after a charge of infectious waste that occurred sooner than ten minutes from the previous charge of infectious waste fulfills the maximum ten minute temperature recording requirement.] (ii) Discontinue use of the incinerator, until repaired, for the treatment of infectious wastes if failure has occurred in the temperature measuring device, such as a thermocouple or thermocouple wiring. (b) Utilize an independent company to calibrate, repair or replace primary and secondary chamber temperature recording devices or temperature measuring devices in accordance with the following: (i) The manufacturer's maintenance schedule, specifications, or recommendations; or (ii) A calibration schedule as determined by the facility, with, at a minimum, annual calibrations, if the manufacturer's specifications are not available. (c) Sample, upon written notification by Ohio EPA, stack gas and the resulting bottom ash after the addition of Bacillus species spores to a load of infectious waste. Sampling shall be accomplished in accordance with the protocol provided by Ohio EPA. (4) Comply with paragraph (I) of this rule. (D) Autoclaving. The owner or operator of any infectious waste treatment facility utilizing autoclaving as a treatment technology shall comply with the following: (1) Methodology. The owner or operator shall use methods, techniques, and practices for the treatment of infectious wastes in accordance with the following: (a) All autoclaves shall operate at a minimum temperature of one hundred twenty-one degrees Centigrade or two hundred fifty degrees Fahrenheit at a minimum of fifteen pounds per square inch gauge pressure for a minimum of sixty minutes during a treatment cycle; or (b) The owner or operator of an autoclave who uses combinations during the treatment cycle, other than the minimum time, temperature, and pressure requirements, as specified in paragraph (D)(1)(a) of this rule, to treat infectious wastes may do so provided that achievement of the performance standard is demonstrated by validation testing, as outlined in paragraph (D)(4) of this rule, prior to use for the treatment of infectious wastes; and [Comment: Although autoclaving has been approved for statewide use pursuant to section 3734.021 of the Revised Code, the capability of autoclave units to treat infectious wastes is variable. The variability is due to a number of factors such as: type of wastes treated; the size and density of the waste load; the packaging of the waste; gravity versus vacuum displacement of the air in the chamber; and steam quality. Hence, this rule provides for a process by which autoclaves that are capable of treating infectious wastes at operating parameters below the specified minimum parameters may be approved for use at the lower operating parameters.] (c) For the purposes of this rule, the treatment cycle is that combination of time, temperature, and pressure needed to achieve the performance standard of a four log (base ten) reduction in Bacillus stearothermophilus spores. The treatment cycle does not include the time needed to bring the chamber up to the operating temperature or pressure nor the time it takes for the autoclave to exhaust and allow opening of the chamber; and (d) The total treatable volume of infectious wastes used in either the validation or quality assurance testing shall be the total volume of wastes that can be treated per treatment cycle. The total treatable volume of infectious wastes may be calculated by using any one of the following: (i) The manufacturer's specification for the total volume of the autoclave; or (ii) A lesser estimate based upon the manufacturer's specification of the total volume of the autoclave; or (iii) An actual calculation of the total treatable volume at each validation or quality assurance test. The total treatable volume shall be calculated by listing the number of bags, boxes, or sharps containers of infectious wastes used during the testing, and adding the volumes of those containers. [Comment: an example to actually calculate the total treatable volume. The autoclave test load consisted of three bags, four boxes, and six sharps containers. The volume of each container is: bag = 3 cubic feet, box = 2.5 cubic feet, sharps container = 0.21 cubic feet. Therefore, the total treatable volume of wastes in the quality assurance test load and hence, the maximum amount of wastes that can be treated at any one time is [((3)(3))+((4)(2.5))+((6)(0.21))] = 20.26 cubic feet.] (e) Autoclaves shall not be loaded beyond the total treatable volume of infectious wastes, as defined in paragraph (D)(1)(d) of this rule; and (f) Autoclaves shall not treat pathological wastes, including without limitation, human and animal tissues, organs, and body parts, that are contaminated with or are likely to be contaminated with infectious agents, removed or obtained during surgery or autopsy or for diagnostic evaluation and gross anatomical wastes such as human or animal limbs and sections containing bone, and animal carcasses, except small sections of tissue that are only several cells wide used for microscopic evaluation, utilizing autoclaving unless the owner or operator: (i) Submits a protocol to Ohio EPA for approval prior to validation testing to demonstrate that the autoclave unit can effectively achieve the performance standard of a minimum four log (base ten) reduction of a challenge population of Bacillus stearothermophilus spores; (ii) Demonstrates, through the use of a protocol acceptable to Ohio EPA, that the autoclave unit can effectively achieve the performance standard of a minimum four log (base ten) reduction of a challenge population of Bacillus stearothermophilus spores within such wastes; and (iii) Receives approval from Ohio EPA to operate the unit to treat pathological wastes. (2) Specific operational criteria. The owner or operator shall design, construct, and operate the equipment for the treatment of infectious wastes in accordance with the following: (a) Produce and maintain a permanent record of the chamber temperature utilizing a temperature recording device permanently connected to the unit. The device shall permanently record a data point at a maximum of every two minutes. The temperature shall be displayed for visual monitoring. In the event of a temperature recording device failure, the owner or operator shall: (i) Manually record the chamber temperature, at a maximum, once every ten minutes until the exhaust cycle is initiated. The temperature shall be manually recorded for no longer than the time necessary to repair the mechanical failure. The operator shall demonstrate proof that repair parts have been ordered if requested by Ohio EPA or approved health department; and (ii) Discontinue use of the autoclave for the treatment of infectious wastes until repaired if failure or malfunction occurs in the temperature measuring device, such as a thermocouple or thermocouple wiring. (b) Demonstrate the achievement of the performance standard by the treatment unit for the treatment of infectious wastes. The owner or operator shall perform this by checking the daily operation of the pressure and temperature monitoring devices in the following manner: (i) Record into the daily log, as required in paragraph (I) of this rule, the actual gauge readings of temperature and pressure and not the manual settings of the treatment unit, during the treatment cycle of a load of infectious wastes; and (ii) Use the gauge pressure versus temperature of saturated steam table in the appendix to this rule to confirm that the temperature or pressure readings obtained from the gauges are within either +2 degrees or +2 pounds per square inch (psi) from either the temperature or pressure readings in the referenced table. If the temperature or pressure monitoring devices are not within +2 degrees or +2 pounds per square inch (psi) in accordance with the gauge pressure versus temperature of saturated steam table located in the appendix to this rule, then the owner or operator shall select one of the following options. The owner or operator may continue use of the autoclave until such time that the autoclave is repaired or calibrated in accordance with paragraph (D)(2)(c) of this rule: (a) Discontinue use of the autoclave for the treatment of infectious wastes; or (b) Perform weekly (every seventh day that the autoclave is used for treatment) quality assurance testing in accordance with paragraph (D)(3) of this rule. If the weekly quality assurance testing fails, discontinue use of the autoclave for the treatment of infectious wastes until the autoclave is able to operate in accordance with the gauge pressure versus temperature of saturated steam table located in the appendix to this rule. Infectious wastes placed within the unit during and after the failed spore testing shall not be considered treated and shall be handled as infectious wastes. [Comment: Any autoclave that does not operate within the gauge pressure versus temperature of saturated steam table parameters located in the appendix to this rule and fails the weekly quality assurance testing is to be calibrated. See paragraph (D)(2)(b) of this rule.] (c) Utilize an independent company to calibrate or repair the autoclave chamber pressure gauge, temperature recording device, or temperature measuring device in accordance with the following: (i) The manufacturer's maintenance schedule, specifications, or recommendations; or (ii) A calibration schedule as determined by the facility, with, at a minimum, annually, if the manufacturer's specifications are not available. [Comment: A direct relationship exists between the pressure and temperature of saturated steam. If either the temperature recording or pressure device begins to give false readings, then the autoclave owner or operator will be able to note this since the published known values will no longer match the observed values. However, the owner or operator will not know if the pressure or temperature value is incorrect and may have to have both instruments evaluated by an independent company.] (3) Quality assurance. The owner or operator shall perform quality assurance testing to demonstrate the capability of the autoclave to achieve the performance standard of a minimum four log (base ten) reduction of Bacillus stearothermophilus spores. The quality assurance testing for autoclaves shall be performed monthly, in accordance with the following provisions: (a) Perform monthly quality assurance testing every calendar month in which the autoclave is used for the treatment of infectious wastes to ensure the capability of the autoclave to achieve the performance standard of a minimum four log (base ten) reduction of Bacillus stearothermophilus spores; (b) Use a challenge population of spores as either spore strips with a population of at least 1.0 104 Bacillus stearothermophilus spores, ampules containing at least 1.0 104 Bacillus stearothermophilus spores per milliliter or a commercially available steam pack which contains a population of at least 1.0 104 Bacillus stearothermophilus spores. The owner or operator shall ensure that the Bacillus stearothermophilus spore testing methodology does not result in the denaturation of the proteins within the inoculating media; [Comment: For quality assurance testing, Ohio EPA has set the performance standard for the treatment of infectious wastes by autoclaving to be a four log (base ten) reduction of Bacillus stearothermophilus spores. The quality assurance is designed to be a qualitative (growth or no growth) system. If the owner or operator uses strips or ampules with a greater spore population, then the treatment unit must still achieve a complete kill of all spores.] (c) Compose the waste load of containers of both infectious wastes and non-infectious wastes. The majority of the waste load may consist of infectious wastes. However, at least three test containers shall consist of material such as newspaper, plastic backed absorbent pads, or general refuse placed into either boxes, bags, or sharps containers representative of normal or anticipated use for that autoclave unit. A spore strip or ampule shall be placed in the center of each test container. In the event that the autoclave will not hold three containers of wastes, then each test container shall contain a spore strip or ampule. Alternatively, commercially available steam packs may be placed into the three representative containers instead of the newspaper, plastic backed absorbent pads, or general refuse; (d) Treat the waste load containing the challenge population of spores in the same manner as the daily operation of the autoclave for the treatment of infectious wastes. This would include the same temperature, pressure, time, and total treatable volume. The quality assurance testing shall be performed at the same combinations of temperature, pressure, and time, as the validation testing; (e) Record the following information during the monthly quality assurance testing: (i) The date; (ii) The time the treatment cycle started, as specified in paragraph (D)(1) of this rule; (iii) The time the treatment cycle ended, as specified in paragraph (D)(1) of this rule; (iv) The chart or graph of the chamber temperature produced by the permanently connected temperature recording device; (v) The name of the person who loaded the autoclave and the name of the person performing laboratory analysis of the challenge population of spores; (vi) A diagram depicting the pattern of infectious waste loading and location of the challenge population of spores during the testing except those units which have rotating treatment chambers are not required to diagram the pattern of waste loading; (vii) The total treatable volume of infectious wastes used during the quality assurance testing as defined in paragraph (D)(1) of this rule; (viii) The autoclave chamber pressure, as displayed by the permanently connected gauge, during the treatment cycle as specified in paragraph (D)(1) of this rule; (ix) The incubation temperature and time (in days) of the challenge population of spores, in accordance with the manufacturer's recommendation for optimal growth; and (x) The results of spore growth during incubation for a period of seven days or for the maximum period of time as specified by the manufacturer of the spore test. The results of spore growth shall be recorded as indicated by the development of turbidity in the growth media. The development of turbidity in the growth media is indicative of growth of the challenge population of spores present unless other morphological or metabolic testing indicates that the growth is due to a contaminating microorganism. (f) Remove and incubate the challenge population of spores used in the quality assurance testing for either seven days or for the maximum period of time as specified by the manufacturer of the spore test. If any of the challenge population of spores used to perform the testing are positive for growth at any time during the incubation period, the unit has failed to achieve the performance standard required for treatment. Infectious wastes placed within the unit during and after the spore testing shall not be considered treated and shall be handled as infectious wastes. The autoclave unit shall not be used for further treatment of infectious wastes until the problem has been determined and rectified and another successful quality assurance test performed. The rectification may require the operator to increase the minimum temperature or pressure requirements or cycle time; and (g) Perform the quality assurance testing, upon request by, and in the presence of, Ohio EPA or approved health department to verify that the written operating procedures as located in the facility management plan are sufficient to meet the performance standard of a fourlog (base ten) reduction in Bacillus stearothermophilus spores. If so directed, the owner or operator shall use twice as many spore tests in the same location in the autoclave and permit Ohio EPA or approved health department to remove and separately incubate one-half of the spore tests. [Comment: autoclave owners or operators treating infectious wastes in accordance with the specifications in this rule must maintain, for a three year period, the dated permanent recordings of autoclave chamber temperatures, documentation of the calibrations of the temperature measuring devices performed by an independent company, documentation of the monthly checks on the measuring device, and the results of the monthly quality assurance testing using a challenge population of spores.] (4) Validation testing. The owner or operator shall perform validation testing to demonstrate the capability of the autoclave to achieve the performance standard of a minimum four log (base ten) reduction of Bacillus stearothermophilus spores. The validation testing for autoclaves shall be performed in accordance with the following provisions: [Comment: Validation testing is performed prior to use for treatment by an operator who wishes to use an alternative combination to the time, temperature, and pressure requirements specified in paragraph (D)(1)(a) of this rule. Validation testing is a check to ensure that the alternate combination will result in the achievement of the performance standard for treatment. Quality assurance testing is an on-going monitor, performed monthly, of the autoclave's continuing ability to attain the performance standard for treatment.] (a) Perform validation testing to ensure that the autoclave, using combinations of temperature, pressure, and time other than the minimums specified in paragraph (D)(1)(a) of this rule, is capable of achieving the performance standard of a minimum four log (base ten) reduction of Bacillus stearothermophilus spores; (b) Use a challenge population of spores as either spore strips with a population of at least 1.0 104 Bacillus stearothermophilus spores, ampules containing at least 1.0 104 Bacillus stearothermophilus spores per milliliter or a commercially available steam pack which contains a population of at least 1.0 104 Bacillus stearothermophillus spores. The owner or operator shall ensure that the Bacillus stearothermophilus spore testing methodology does not result in the denaturation of the proteins within the inoculating media; [Comment: For validation testing, Ohio EPA has set the performance standard for the treatment of infectious wastes by autoclaving to be a four log (base ten) reduction of Bacillus stearothermophilus spores. The validation testing is designed to be a qualitative (growth or no growth) system. If the owner or operator uses strips or ampules with a greater spore population, then the treatment unit must still achieve a complete kill of all spores.] (c) Compose the validation testing waste load of containers of non-infectious wastes. The waste load for testing shall consist of materials other than infectious wastes, such as newspaper, plastic backed absorbent pads, or general refuse placed into boxes, bags, or sharps containers which are representative of the normal or anticipated use for that autoclave unit. A challenge population of spores shall be placed in the center of each test container; (d) Treat the waste load containing the challenge population of spores in the same manner as the autoclave will be used during daily operations for the treatment of infectious wastes. This would include the same temperature, pressure, time, and total treatable volume; (e) Record the following information during the validation testing: (i) A written statement indicating the autoclave pressure, temperature, and treatment cycle time that the facility owner or operator is attempting to validate for the treatment of infectious wastes; (ii) The date; (iii) The time the treatment cycle started, as specified in paragraph (D)(1) of this rule; (iv) The time the treatment cycle ended, as specified in paragraph (D)(1) of this rule; (v) The chart or graph of the chamber temperature produced by the permanently connected temperature recording device; (vi) The name of the person who loaded the autoclave and the name of the person performing laboratory analysis of the challenge population of spores; (vii) A diagram depicting the pattern of infectious waste loading and location of the challenge population of spores during the validation testing. Those units which have rotating treatment chambers are not required to diagram the pattern of waste loading; (viii) The total treatable volume of infectious wastes used during the validation testing as defined in paragraph (D)(1) of this rule. Once a total treatable volume of infectious wastes that an autoclave has been validated to treat has been established, infectious waste loads of lesser than the established total treatable volume may be treated without further validation; (ix) The autoclave chamber pressure, as recorded by the permanently connected gauge, during the treatment cycle as specified in paragraph (D)(1) of this rule; (x) The challenge population of spores shall be incubated in accordance with the manufacturer's recommendation for optimal growth; and (xi) The results of spore growth during incubation shall be recorded daily, for a period of seven days or for the maximum period of time as specified by the manufacturer of the spore test. The results of spore growth shall be recorded as indicated by the development of turbidity in the growth media. The development of turbidity in the growth media is indicative of growth of the challenge population of spores unless other morphological or metabolic testing indicates that the growth is due to a contaminating microorganism. (f) Remove and incubate the challenge population of spores used in the validation testing for either seven days or for the maximum period of time as specified by the manufacturer of the spore test. If any of the challenge population of spores used to perform the testing are positive for growth at any time during the incubation period, the unit has failed to achieve the performance standard required for treatment of infectious wastes. In order to utilize the autoclave for the treatment of infectious wastes using combinations of temperature, pressure and time other than the minimums specified in paragraph (D)(1) of this rule, the operator shall either: (i) Change the treatment cycle temperature, pressure, or time requirements and again perform the validation testing until the performance standard is achieved. Rectification may require the operator to increase the minimum treatment cycle temperature, pressure or time requirements; or (ii) Operate the autoclave at the minimum operation parameters of one hundred twenty-one degrees Centigrade or two hundred fifty degrees Fahrenheit, fifteen pounds per square inch gauge pressure for sixty minutes. (g) Perform validation testing, upon request by, and in the presence of, Ohio EPA or approved health department to verify that the written operating procedures as located in the facility management plan are sufficient to meet the performance standard of a four log (base ten) reduction in Bacillus stearothermophilus spores. If so directed, the owner or operator shall use twice as many spore tests in the same location in the autoclave and permit Ohio EPA or approved health department to remove and separately incubate one-half of the spore tests. [Comment: Autoclave owners or operators treating infectious wastes in accordance with the specifications in this rule must maintain, for a three year period, the dated permanent recordings of autoclave chamber temperatures, documentation of the calibrations of the temperature measuring devices performed by an independent company, documentation of the monthly checks on the measuring device, and the results of the validation testing using a challenge population of spores.] (5) Comply with paragraph (I) of this rule. (E) Chemical treatment with sodium hypochlorite solution for cultures. The owner or operator of any infectious waste treatment facility utilizing chemical treatment with sodium hypochlorite solution for cultures shall comply with the following: [Comment: The use of chemical treatment with sodium hypochlorite solution for cultures is intended for those cultures either with surface colonies or in suspension as the chemical must come in direct contact with the cultures to effectively treat the microorganisms.] (1) Methodology. The owner or operator shall use methods, techniques, and practices for the treatment of infectious wastes in accordance with the following: (a) The approved chemical treatment solution shall contain, volume per volume, fifteen per cent sodium hypochlorite (household grade bleach); [Comment: The specific solutions stated in the rule are percent solutions of household bleach not per cent solutions of the active ingredient, sodium hypochlorite. The hypochlorite concentration of household bleaches ranges from 3.00 to 5.25 per cent. The resulting hypochlorite concentration of the treatment solution ranges from 0.45 to 0.79 per cent (or four thousand five hundred to seven thousand eight hundred seventy-five parts per million). To make one gallon of treatment solution, mix 2.4 cups of household bleach and 3.4 quarts (13.6 cups) of water.] (b) All cultures shall be submerged for a minimum of twenty minutes, in the chemical treatment solution specified in this rule; (c) Cultures of infectious agents that are recommended by the centers for disease control to be handled in accordance with biosafety level 3 or 4 practices shall not be treated by a non-mechanical chemical treatment method; (d) Mix the treatment solution immediately prior to use and discard after use; and (e) Decant or absorb excess treatment solution from the cultures before disposal. (2) Comply with paragraph (I) of this rule. (F) Applied heat encapsulation for sharps. The owner or operator of any infectious waste treatment facility utilizing applied heat encapsulation for sharps shall comply with the following: (1) Methodology. The owner or operator shall use methods, techniques, and practices for the treatment of infectious wastes in accordance with the following: (a) Process only waste loads of sharps that consist of at least seventy per cent by weight of plastic material; (b) Process only waste loads of sharps in a heating chamber within the treatment unit for a minimum treatment time of thirty minutes at a minimum temperature of three hundred thirty degrees Fahrenheit; (c) Process sharps that are not totally encapsulated within a solid plastic mass as sharp infectious wastes; (d) Treat only sharps as defined in rule 3745-27-01 of the Administrative Code and as specified in division (A)(1)(a) of section 3734.021 of the Revised Code. No other infectious wastes shall be treated using this treatment technology; and (e) Treat only sharps that contain no more than "residual liquid". "Residual liquid", for the purposes of this rule, is defined as that liquid which remains in the waste item after being emptied or in the case of a syringe after the plunger has been fully depressed. (2) Specific operational criteria. The owner or operator shall design, construct, and operate the equipment for the treatment of infectious wastes in accordance with the following: (a) Maintain the following documentation for a period of three years for each treatment unit: (i) A quality assurance log as specified in this rule; (ii) A daily operating log which permanently maintains a record of the following: (a) The date of each treatment cycle; (b) The time of day each treatment cycle was started and ended; and (c) The name of the person operating the treatment unit for each treatment cycle. (b) If the treatment of sharps is interrupted as a result of a malfunction of the treatment unit due to such occurrences as jamming, overloading, electrical, or mechanical reasons, all sharps contained within the unit shall be managed as infectious wastes. Infectious wastes may be maintained within the unit until the problem is corrected unless the wastes become putrescent or become a food source or breeding place for insects or rodents; and (c) Treat only sharps that are not contaminated with chemicals that volatilize or are contaminated with antineoplastic agents. (3) Quality assurance. The owner or operator shall perform quality assurance testing to demonstrate the capability of the applied heat encapsulation system to achieve the performance standard of a minimum four log (base ten) reduction of Bacillus subtilis spores. The owner or operator of the applied heat encapsulation system shall perform quality assurance testing in accordance with the following provisions: (a) Perform quality assurance testing semi-annually or after every fifty cycles whichever comes first to ensure that the applied heat encapsulation system is capable of achieving the performance standard of a minimum four log (base ten) reduction of Bacillus subtilis spores; (b) Prepare a challenge population of spores using a spore strip, still within the glassine envelope, containing at least a minimum population of 1.0 104 Bacillus subtilis spores by: (i) Wrapping the spore strip in aluminum foil and placing it at the bottom of the heating chamber, prior to adding sharps and initiation of the treatment cycle, so that the folded seams are placed on the outside of the resulting solid mass; or (ii) Placing the aluminum foil wrapped spore strip directly into the heating chamber without the addition of any waste, for technologies that utilize a system where the foil wrapped strip would become part of the encapsulated material. [Comment: For quality assurance testing, Ohio EPA has set the performance standard for the treatment of infectious wastes to be a four log (base ten) reduction of Bacillus subtilis spores. The quality assurance is designed to be a qualitative (growth or no growth) system. If the treatment unit owner or operator uses strips with a greater spore population, then the treatment unit must still achieve a complete kill of all spores.] (c) Compose the waste load of sharp infectious wastes; (d) Treat the sharp waste load containing the challenge population of spores in the same manner as the daily operation of the applied heat encapsulation system for the treatment of sharps as specified in paragraph (F) of this rule; (e) Aseptically remove the spore strip from the wrapped foil and glassine envelope, upon completion of the treatment cycle; (f) Incubate the challenge population of spores used in the quality assurance testing for either seven days or for the maximum period of time as specified by the manufacturer of the spore strip. If any of the challenge population of spores used to perform the testing are positive for growth at any time during the incubation period, the unit has failed to achieve the performance standard required for treatment. Infectious wastes placed within the unit during and after the spore testing shall not be considered treated and shall be handled as infectious wastes. The applied heat encapsulation system shall not be used for further treatment of infectious wastes until the problem has been determined and rectified and another successful quality assurance test performed; (g) Maintain a quality assurance log that provides a written record of the results of the quality assurance testing performed. Record the following information during the quality assurance testing: (i) The date; (ii) The time the treatment cycle started, as specified in paragraph (F) of this rule; (iii) The time the treatment cycle ended, as specified in paragraph (F) of this rule; (iv) The heating chamber temperature; (v) The name of the person who loaded the heating chamber and the name of the person performing laboratory analysis of the challenge population of spores; (vi) The challenge population of spores shall be incubated in accordance with the manufacturer's recommendation for optimal growth; and (vii) The results of spore growth during incubation for a period of seven days or for the maximum period of time as specified by the manufacturer of the spore test. The results of spore growth shall be recorded as indicated by the development of turbidity in the growth media. The development of turbidity in the growth media is indicative of growth of the challenge population of spores present unless other morphological or metabolic testing indicates that the growth is due to a contaminating microorganism. (h) Perform the quality assurance testing, upon request by, and in the presence of, Ohio EPA or approved health department to verify that the written operating procedures as located in the facility management plan are sufficient to meet the performance standard of a four log (base ten) reduction in Bacillus subtilis spores. If so directed, the owner or operator shall use twice as many spore strips in the same location in the heating chamber and permit Ohio EPA or approved health department to remove and separately incubate one-half of the spore strips. (4) Comply with paragraph (I) of this rule. (G) Chemical treatment with peracetic acid and grinding. The owner or operator of any infectious waste treatment facility utilizing chemical treatment with peracetic acid and grinding shall comply with the following: (1) Methodology. The owner or operator shall use methods, techniques, and practices for the treatment of infectious wastes in accordance with the following: (a) Process each waste load using the appropriate concentration of peracetic acid, as specified in paragraph (G)(1)(f) of this rule; (b) Operate all treatment units at a minimum of ten minutes per treatment cycle using the following parameters: the grinding cycle shall operate for a minimum of three minutes at the beginning of the treatment cycle. The chemical soak portion of the treatment cycle shall operate for a minimum of seven minutes; (c) Mark the canister to indicate the volume of blood present. The person(s) filling the canister with infectious wastes shall mark the canister to indicate that the canister contains less than one hundred milliliters of blood or that the canister contains at least one hundred milliliters but less than one thousand milliliters of blood. The generator shall also separately indicate the approximate volume of blood contained within the canister on the daily operating log as prescribed by Ohio EPA; (d) Not process waste loads containing volumes of blood greater than one thousand milliliters or one liter; (e) Not process wastes contaminated with non-incidental quantities of chemicals, body parts containing bone, organs, whole carcasses, quantities of gauze or rubber or latex that may become entangled around the rotors or blades, or heavy metal items; (f) Use a minimum of 17.1 milliliters of thirty-five per cent peracetic acid when the infectious waste load contains less than or equal to one hundred milliliters of blood. Use a minimum of 79.8 milliliters of thirty-five per cent peracetic acid when the infectious waste load contains greater than one hundred milliliters but less than or equal to one thousand milliliters (one liter) of blood; (g) Examine the specifically designed indicator disk upon completion of the treatment cycle and before the waste is dewatered and bagged. The entire indicator on the disk shall have a visible color change as an indication that peracetic acid was used during the process; and (h) If there is not a complete color change, then the wastes are not considered treated and shall be treated again with either a new charge of the appropriate concentration of peracetic acid and a new indicator disk or using another approved treatment method in accordance with this rule. (2) Specific operational criteria. The owner or operator shall design, construct, and operate the equipment for the treatment of infectious wastes in accordance with the following: (a) Use rotating blades contained within the specialized canister to grind the infectious wastes; (b) Operate all treatment units using a specially designed canister that sets down inside the machine cabinetry and contains internal grinding blades; (c) Record the peracetic acid dosage used for each treatment cycle in a daily operating log. The unit operator shall complete the operating log as prescribed by Ohio EPA; (d) Keep the cap on the canister when the canister is in use as an infectious waste receptacle. The cap shall not be removed prior to arrival at the treatment area. The collection cap is to be removed before treatment; (e) Disinfect the canister cap after each use using any one of the following disinfectants: (i) An U.S. EPA registered hospital disinfectant that is also tuberculocidal, for a contact time as specified by the manufacturer; or (ii) A unexpired dated stabilized bleach product that is an U.S. EPA registered hospital disinfectant that is also tuberculocidal, for a contact time as specified by the manufacturer; or (iii) A minimum ten per cent sodium hypochlorite solution prepared immediately prior to use with a minimum of thirty minutes of contact time. (f) If treatment occurs outside the parameters as outlined in this rule, as a result of a malfunction of the unit due to such occurrences as jamming, overloading, electrical, or mechanical reasons, all wastes contained within the unit shall be managed as infectious wastes. Infectious wastes may be temporarily maintained within the unit unless the wastes becomes putrescent or becomes a food source or breeding ground for insects or rodents. (3) Quality assurance. The owner or operator shall perform quality assurance testing to demonstrate the capability of the chemical treatment with peracetic acid and grinding unit to achieve the performance standard of a minimum four log10 reduction of Bacillus subtilis spores. The quality assurance testing for the chemical treatment with peracetic acid and grinding unit for the treatment of infectious wastes is specified as follows: (a) Produce and maintain for a period of three years a permanent record of the daily operational and maintenance activities for the infectious waste treatment technology in the facility management plan as follows: (i) Utilize a daily operating log form, as prescribed by Ohio EPA for each unit for each day that infectious wastes are treated in the unit. All daily operating logs for a treatment unit shall be grouped together and arranged by date within the grouping; and (ii) Conduct preventative maintenance checks and services as stated in the operating manual. (b) Repair the treatment unit in the event of a malfunction of the chemical treatment using peracetic acid and grinding. The unit shall not be used for the treatment of infectious wastes until repaired; and (c) Perform quality assurance testing, upon request of Ohio EPA, for each unit. This testing shall demonstrate the unit's capability to achieve a minimum four log (base ten) reduction of Bacillus subtilis spores. (4) Comply with paragraph (I) of this rule; and (5) Comply with requirements as specified in the director's approval letter issued in accordance with rule 3745-27-38 of the Administrative Code. (H) Mobile treatment methods (reserved). (I) General facility requirements. All owners and operators of a infectious waste treatment facility shall comply with the following: (1) Retain all records for three years. Retention periods are extended during the course of any unresolved litigation, or when requested by Ohio EPA. The three-year period for records retention shall start from the date of recording, sample, or measurement and is applicable to all records included in the facility management plan; (2) Develop and maintain in one area on the premises of the infectious waste treatment unit a facility management plan, excluding generators who utilize chemical treatment of cultures or applied heat encapsulation for sharps, in accordance with this rule: [Comment: The facility management plan may be composed of several volumes, binders, or computer disks.] (a) The facility management plan shall contain copies of the following information and documentation: (i) Applicable environmental regulations regarding infectious wastes, solid wastes, surface water, and air pollution control; (ii) Applicable infectious wastes, solid wastes, surface water, and air authorizing documents (such as licenses, registrations, or permits) for the treatment facility; (iii) Manufacturer's equipment specifications, owner's manual for the treatment unit, and maintenance schedule; (iv) Monitor and recording device calibration or replacement schedule; (v) Maintenance and repair log for each treatment unit; (vi) Facility contingency plan; (vii) Results of quality assurance and applicable validation testing requirements; (viii) Procedures for treatment unit start-up, loading, operating, shut down, and equipment malfunction; (ix) Emergency telephone numbers including, at a minimum: the facility emergency coordinator, the fire department, any existing local emergency management office, the local health department, the police department, and Ohio EPA district office; (x) The permanently recorded daily logs as specified in paragraph (I)(3) of this rule. A daily log shall be maintained for each treatment unit for a period of three years; (xi) All strip charts, graphs, or manually produced temperature records. Each chart, graph, or record shall be dated and maintained for a period of three years; (xii) Disposal shipping papers for the infectious wastes treated; and (xiii) A training certification statement, as required in paragraph (I)(3) of this rule, shall be maintained for each employee who operates the infectious waste treatment unit or loads infectious wastes into the infectious wastes treatment unit. Each training certification statement shall be maintained for the duration of such employment. [Comment: The training certificate statement is not required to be maintained for an employee who no longer works for the organization or whose job responsibilities no longer include and will not include operating or loading the infectious waste treatment unit.] (b) All of the current calendar year's information is to be located in this same area such as an office or work area. The two previous calendar year's information may be maintained in other accessible areas or multiple rooms depending on the amount of available space at the facility. A notation shall be made in the current year's facility management plan regarding the location of any past calendar year's information; and (c) Documents and information contained in paragraph (I)(2)(a) of this rule of the facility management plan shall be accessible to employees during working hours. [Comment: Nothing in this rule prohibits the facility management plan or parts thereof from being copied and located in other areas of the facility for the purpose of easy access for employees. However, there shall be only one official facility management plan that shall be located in one general area and accessible during working hours.] (3) Provide training on the contents of the facility management plan for each employee who will operate the infectious waste treatment unit or load the infectious waste treatment unit before the employee is responsible for operating or loading the infectious waste treatment unit. A written certification statement attesting that the employee received the specified training shall be signed and dated by each employee and the owner or operator of the facility; (4) Use a daily log of operation to record charging of the infectious waste treatment unit. A printout produced by the treatment unit may substitute for the daily log provided all the information required is present on the printout. Unless already required to keep a charging log in accordance with rule 3745-75-04 of the Administrative Code, permanently record in a daily log of operation the following, as applicable: (a) The date; (b) The time the first load or batch of infectious wastes was charged into each treatment unit; (c) The time the last load or batch of infectious wastes were charged into each treatment unit for the day; (d) Name(s) of the person(s) operating each infectious waste treatment unit and the time of day the operator started the unit; (e) The time the treatment unit was unloaded; (f) Whether the load was for validation, quality assurance or usual treatment; and (g) The actual daily autoclave pressure and temperature reading. [Comment: A printout containing partial information may be used when attached to a daily log containing the remaining required information.] (5) Provide, in the immediate area of the infectious waste treatment unit and readily available to the personnel operating the treatment unit, the operating and loading procedures for the treatment unit; (6) If the treatment of infectious wastes occurs outside the treatment parameters established in each methodology paragraph of this rule specific to the type of treatment technology in use and as a result of a malfunction of the unit due to such occurrences as jamming, overloading, electrical, or mechanical reasons, then all wastes contained within the unit shall be managed as infectious wastes. The infectious wastes may be maintained within the treatment unit until the problem is corrected unless the wastes become putrescent or become a food source or breeding place for insects or rodents; (7) Conduct all construction and operations at the facility in strict compliance with the applicable authorizing document(s), including permit(s) to install issued under Chapter 3745-27 of the Administrative Code, plan approval(s), and alteration(s) concurred with in writing by Ohio EPA; the license issued under Chapter 3745-37 of the Administrative Code; court orders; and findings and orders issued by the director; (8) Construct and maintain all-weather access roads in such a manner as will withstand the anticipated degree of use and allow passage of vehicles with minimum erosion and dust generation; (9) Construct and maintain non-absorbent floors in all infectious waste handling areas. Such areas shall not be overlaid with an absorbent covering; [Comment: Nothing in this paragraph prohibits the overlaying of the concrete or asphalt floors with a cleanable non-absorbent covering.] (10) Conduct loading operations into any treatment unit in such a manner as not to compact or puncture the containers of infectious wastes; (11) Do not charge infectious wastes into the treatment unit during periods of precipitation unless the wastes to be loaded and the waste loading operations are protected from the elements of weather; (12) Discharge into a disposal system in accordance with Chapter 6111. of the Revised Code or absorb and handle as infectious wastes, any wastewater resulting from a spill of infectious wastes or the cleanup of a spill of infectious wastes from all infectious waste handling areas. Such wastewater shall not be disposed into a storm sewer; (13) Construct and maintain proper slopes and drainage to prevent the ponding of liquids in infectious waste handling areas; [Comment: Methods of drainage are not limited to systems consisting of underground pipes.] (14) Restrict infectious waste handling areas to authorized personnel, utilizing signs or a locking mechanism; (15) Shall not treat wastes for which such treatment or disposal is prohibited by the Ohio department of health or the U.S. nuclear regulatory commission; (16) Shall not accept wastes for which such storage, treatment or disposal is prohibited in the "hazardous wastes rules" as defined in paragraph (A) of rule 3745-50-10 of the Administrative Code; [Comment: The "hazardous wastes rules" as defined in paragraph (A) of rule 3745-50-10 of the Administrative Code contain the regulations for the proper handling of hazardous wastes. For technical information regarding the designation, handling, treatment, and disposal of hazardous waste, please contact the division of hazardous waste management at the appropriate Ohio EPA district office.] (17) The owner or operator of a licensed infectious waste treatment facility shall submit an annual report to Ohio EPA central office and the approved health district no later than february first of each year. The annual report shall consist, at a minimum, of the following: (a) The name, address, telephone number, and contact person for the facility; (b) Hours of operation for the facility; (c) Monthly total of infectious wastes treated at the facility for each state or country of origin; and (d) Any quality assurance results that do not demonstrate achievement of the performance standard. (18) Infectious wastes that have been treated in accordance with the provisions of this rule shall be handled in the same manner as solid wastes. Such treated infectious wastes shall be disposed in a licensed solid waste disposal facility, or a facility in another state operating in compliance with state and federal regulations. Shipments of treated infectious wastes shall be accompanied by disposal papers as required by rule 3745-27-33 of the Administrative Code; [Comment: Small generators of infectious wastes who treat the infectious wastes that they generate are not required to comply with the disposal shipping paper requirements of rule 3745-27-33 of the Administrative Code.] (19) All "sharps" shall be managed in a manner to eliminate the potential of those wastes to cause lacerations or puncture wounds during handling and disposal; (20) Perform quality assurance testing to demonstrate the ability of the treatment unit to achieve the performance standard if the unit has not been used for the treatment of infectious wastes for more than one year; (21) Any large generator who treats infectious wastes on-site and any infectious waste treatment facility licensed to treat infectious wastes, who intends to discontinue treating infectious wastes at any facility or premise, shall comply with rules 3745-27-36 and 3745-27-39 of the Administrative Code; (22) Apply for and obtain an operating license from the board of health of the health district where the facility will be located, or from the director if the director has assumed the licensing function, unless the facility currently holds an operating license; and (23) The following infectious waste treatment facilities are exempt from the permitting and licensing requirements stated in division (C) of section 3734.02 and division (B) of section 3734.05 of the Revised Code: (a) An infectious waste treatment facility that is owned or operated by the generator of the wastes and exclusively treats wastes that are produced by that generator at any premises owned or operated by that generator, by methods established under this rule; and (b) Hospitals as defined in section 3727.01 of the Revised Code, that accept for treatment infectious wastes generated by any of the following: (i) Generators who produce fewer than fifty pounds of infectious wastes during any one month and who are not listed on a registration certificate as a generator of infectious wastes and who have staff privileges at that hospital; or (ii) An emergency medical service organization, as defined in section 4765.01 of the Revised Code, regardless of whether the wastes were generated in providing care to the patient at the scene of an emergency or during the transportation of the patient to the hospital; or (iii) An individual for purposes of his own care or treatment.
View Appendix
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Rule 3745-27-33 | Disposal paper system.
(A) The disposal paper shall accompany treated infectious wastes from the treatment facility to the disposal facility. The disposal paper shall: (1) Be produced from a form prescribed by or approved by Ohio EPA; (2) Be legible and complete; (3) Be kept on file for a minimum of three years; (4) Be prepared by: (a) The infectious waste treatment facility responsible for treating the wastes when a shipment of treated wastes is transported to a solid waste disposal facility; and (b) The generator if the infectious waste treatment facility is owned or operated by the generator. (5) Be signed, dated, and given to the transporter by the infectious waste treatment facility before the wastes are removed from the premises; (6) Contain the following information: (a) The name of the owner or operator of the facility where the wastes were treated and the address of the treatment facility; (b) A certification by the owner or operator of the treatment facility where the wastes were treated indicating that the wastes have been treated by the methods, techniques, and practices prescribed by paragraph (A) of rule 3745-27-32 of the Administrative Code. (7) Not apply to generators who do not hold a registration certificate as a generator of fifty pounds or more of infectious waste in any one month; (8) Not be kept by a transfer facility but shall continue to accompany the treated infectious wastes to the solid waste disposal facility. (B) Records retention periods shall be extended during the course of any unresolved litigation, or when so requested by Ohio EPA. The three-year period for retention of records shall start from the date of sample, measurement, or report.
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Rule 3745-27-35 | Standards for handling infectious wastes.
(A) For the purposes of this rule, a storage area means an area used to collect containers that are sealed, or bags that are sealed or otherwise closed, and tied, or closed sharps containers prior to treatment. Generators and treatment facilities, as defined under Chapter 3734. of the Revised Code, shall adhere to the following handling requirements for all in-use and stored containers of infectious waste: (1) Handle infectious waste containers in a manner and location that maintains the integrity of the container; (2) Lock outside storage areas containing infectious wastes containers to prevent unauthorized access; (3) Designate infectious waste storage areas. Those storage areas that are not locked, shall be visibly labled with a sign stating "warning: infectious waste" or displaying the international biohazard symbol at all points of access. (B) Generators and treatment facilities, as defined under Chapter 3734. of the Revised Code, shall adhere to the following regulations for the management of the infectious wastes within containers: (1) Maintain infectious wastes in a nonputrescent state, using refrigeration or freezing when necessary; and (2) If infectious waste becomes putrescent, then the waste must be immediately refrigerated or frozen and shall be treated and disposed of as soon as possible regardless of any storage time frame; (3) Maintain infectious wastes in a manner that affords protection from animals and does not provide a breeding place or a food source for insects or rodents. (C) Infectious waste treatment facilities shall adhere to the following storage regulations: (1) No infectious waste may be stored more than fourteen days at any facility; (2) No more than seven times the treatment facility's total maximum daily throughput capacity of all incinerators and/or autoclaves shall be stored for treatment; (3) All facilities shall formulate a contingency plan. At a minimum the plan shall: (a) Address compliance with the requirements set forth in paragraphs (A) and (B) of this rule, and shall provide for the removal of infectious wastes to an alternate treatment facility; (b) Be maintained at the treatment facility as a part of the facility management plan in accordance with rule 3745-27-32 of the Administrative Code; (c) Designate an emergency coordinator and an alternate emergency coordinator; and (d) Contain all of the following: (i) Table of contents, and (ii) Facility identification, and (iii) Purpose statement, and (iv) Emergency response equipment, and (v) A designatation of alternative treatment facilities, and (vi) Responsibilities of emergency coordinator, and (vii) Storage procedures, and (viii) Handling procedures, and (ix) Refrigeration and freezing requirements in accordance with rule 3745-27-35 of the Administrative Code, and (x) Implementation of response, and (xi) Internal notification, and (xii) Provide a posting of emergency procedures. (4) If the treatment facility exceeds or reasonably anticipates exceeding storage capacity, then the treatment facility shall implement its contingency plan and notify on the same or next business day the appropriate health department and Ohio EPA district office of the implementation of the contingency plan; (5) A generator who also treats infectious wastes generated on premises owned or operated by the generator shall be subject to the requirements of paragraph (C) of this rule when the untreated infectious wastes are in a centralized storage area directly prior to treatment; and (6) Other storage methods approved by the director. (D) For the purposes of this rule, a treatment facility may utilize a trailer as a storage area only if the trailer is equipped in such a manner as to prevent the spillage of infectious wastes or liquids outside of the trailer. (E) Generators that collect and store infectious wastes, produced by multiple infectious waste generators in a centralized location, shall store and handle the infectious wastes in accordance with this rule.
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Rule 3745-27-36 | Registration requirements for generators of infectious waste.
(A) Generator registration requirements. (1) All persons who generate fifty pounds or more of infectious waste in any one month at any one location shall register with Ohio EPA as follows: (a) Not later than thirty days after the last day of the month in which fifty pounds or more of infectious waste were generated, the generator must submit to Ohio EPA an application for a registration certificate accompanied by an application fee of one hundred forty dollars. The application fee is non-refundable and the check for the application fee shall be made payable to the "Treasurer-State of Ohio." A certificate is valid for three years. (b) A registration certificate shall include all premises owned or operated by the generator which generates fifty pounds or more of infectious waste in any one month or treats infectious waste. (c) A registration certificate is not transferable to another generator. (2) Amendments. Any generator who holds a valid registration certificate under this rule shall ensure that all information that is contained on the registration certificate is correct and up to date by submitting an amended registration application form and obtaining an amended registration certificate that reflects any changes to current registrant information, premises information, or treatment method. No additional fee shall be charged to amend a registration certificate. An amended registration shall not alter the expiration date of the original registration certificate. (3) Renewals. All generators who hold a valid registration certificate under this rule shall, at least thirty days prior to the expiration of the valid registration certificate, do one of the following: (a) Submit an application to renew the registration. (b) Submit to Ohio EPA a reversion to small generator application which states that fifty pounds or more of infectious waste in any one month is no longer generated by the generator at any premises operated by the generator. The generator shall provide verification that no more than fifty pounds of infectious waste were generated in any one month during the six months prior to expiration, at a minimum. In addition, if untreated liquid infectious waste is disposed of on the premises, the generator shall include a monthly log of the amount produced. (4) Upon written notification that an application is incomplete the applicant shall, within fifteen days of receipt of the notification, correct noted deficiencies and resubmit the form or application. A registration cycle shall not be considered to be extended in the event of a deficiency notification or late submittal of an application. (5) The applicant, owner, or operator signing a document in accordance with this rule shall be one of the following: (a) A person as defined in sections 3734.01 and 1.59 of the Revised Code. (b) In the case of a corporation, a principal executive officer of at least the level of vice-president or a duly authorized representative, who is responsible for the overall operation of a facility where infectious waste is generated. (c) In the case of a partnership, a general partner. (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. (f) 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. (6) Persons, who as part of their business activities engage in the designation and segregation of infectious wastes at places including but not limited to crime or accident scenes, and who generate fifty pounds or more of infectious wastes per month are subject to the requirements of this rule.
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Rule 3745-27-37 | Infectious waste treatment facility permit to install application.
Effective:
January 31, 2022
(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 of a new or modification of an existing infectious
waste treatment 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) Permit to install applications shall
contain all the information required by paragraphs (B) and (C) of this rule.
The detail of information shall be sufficient to allow clear understanding and
technical review of the permit application, provide assurance that the facility
is designed and will be operated in accordance with Chapter 3745-27 of the
Administrative Code, and be readily understandable by operating personnel at
the facility. An application shall be acted upon if sufficient information is
in the detailed engineering plans, specifications, and narrative for the
director to determine whether the criteria set forth in this rule is
satisfied. (2) If Ohio EPA determines that
information in addition to that which is required by this rule is necessary to
determine whether the criteria set forth in paragraph (D) of this rule are
satisfied, Ohio EPA may require that the applicant supply such information as a
precondition to further consideration of the permit to install
application. (3) The applicant shall
submit the initial application and any revisions or alterations to the initial
application to the appropriate Ohio EPA district office, shall submit one copy
to the board of health of the health district where the facility is or will be
located, and submit additional identically complete copies of the application
to the director upon written request from Ohio EPA. Any revisions or
alterations to the permit application shall be pertinent to the Ohio EPA's
review of the initial application. (4) Concurrent to
submitting the permit application, the applicant shall also do the
following: (a) Submit a disclosure statement to the attorney general's
office, as required in rules 109:6-1-01 to 109:6-1-04 of the Administrative
Code, if the facility is an off-site facility as defined in section 3734.41 of
the Revised Code. (b) Send, via certified mail or any other form of mail
accompanied by a receipt, letters of intent to establish or modify an
infectious waste treatment facility. Copies of the mail receipts shall be
included with the application. Letters of intent shall be sent to the following
entities: (i) The governments of
the general purpose political subdivisions where the infectious waste treatment
facility is located, i.e., county commissioner, 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 infectious waste treatment
facility. (iv) The local zoning
authority, if any, having jurisdiction. (5) Applications to
modify a facility with plans approved after the effective date of this rule
shall contain new plan sheets to replace those affected by the proposed change,
as well as any revised narrative sections. New information added to the revised
narrative shall appear in capital letters, and information to be deleted shall
be lined out. (B) Engineering plan sheets. The
following detailed engineering plans, specifications, and information for
infectious waste treatment facilities shall be shown by means of drawings on
twenty-four inch by thirty-six inch paper, and by narrative descriptions as
determined appropriate by Ohio EPA: (1) The detailed
engineering plan cover sheet shall be numbered sheet 1, and shall contain the
following information: (a) The name of the infectious waste treatment
facility. (b) The precise geographical location and boundaries of the
infectious waste treatment facility, the infectious waste treatment facility
property line, and the one-thousand-foot radius around the property line, all
to be shown on a seven and one-half minute USGS topographical map. (c) The name and address of the applicant and the infectious
waste treatment facility operator. (d) The name and address of the owner(s) of the infectious waste
treatment facility. (e) The name and address of the person who prepared the
plans. (2) Plan drawings showing
the following items within one thousand feet of the limits of the infectious
waste treatment facility. All items specified in an individual subheading shall
be shown on the same plan sheet. A scale of one inch equals no greater than two
hundred feet shall be used: (a) The property lines of all land owned or leased for the
infectious waste treatment facility as determined by a property survey
conducted by a registered surveyor. (b) All public roads, railroads, and domiciles. (c) All existing land uses or zoning classifications, property
owners, political subdivisions, and communities. (d) The north arrow. (e) Surface waters of the state. (3) Plan drawings showing
the following items located within the infectious waste treatment facility. A
scale of one inch equals no greater than fifty feet shall be used: (a) The location of all existing or proposed treatment buildings,
storage facilities, and occupied structures. (b) The location of all fencing, gates, natural screening and
other screening on the site. (c) The location of infectious waste handling areas. (d) The location of the drainage structures. (e) The location of spill containment and clean-up
kits. (f) The location of fire extinguishers and other fire response
equipment. (4) Detailed engineering
plan drawings showing plan view, front view, and profile view, with sufficient
detail to provide full understanding of the design and operation of each
treatment unit. (5) For a permit to
install application subject to paragraph (D)(5) of this rule, plan drawings
which clearly delineate all infectious waste handling areas as that term is
defined in rule 3745-27-01 of the Administrative Code showing both of the
following: (a) The distance between the infectious waste handling areas and
the property line of the premises on which the infectious waste treatment
facility will be located. (b) All domiciles, schools, jails, and prisons located within one
thousand feet of the infectious waste handling areas. (C) The following information shall be
presented in narrative form to be contained in a report divided into the
following sections: (1) Summary of how the
infectious waste treatment facility will meet the standards and operational
requirements for permit approval by the director specified in rules 3745-27-32
and 3745-27-37 of the Administrative Code. (2) Discussion of the
following operational information: (a) The method of treatment. (b) The identification and utilization of all existing or
proposed treatment buildings, storage facilities, and occupied
structures. (c) The utilization of all fencing, gates, natural screening, and
other screening on the site. (d) The utilization of infectious waste handling
areas. (e) The utilization and drainage of the decontamination
area. (f) The operating hours. (g) The functions, qualifications, training, and certification
of staff. (h) The format and use of the daily operating log, which shall
include all operational and maintenance procedures and sources of service and
parts. (i) The design and function of the water cooling and collection
system for ash. (j) The handling and disposal of particulates captured by the air
pollution control system. (k) The method used to distinguish hazardous waste as specified
in the "hazardous wastes rules" as defined in paragraph (A) of rule
3745-50-10 of the Administrative Code. (l) The method ) used to distinguish infectious wastes that are
also radioactive waste regulated by the Ohio department of health, or the U. S.
nuclear regulatory commission. (m) The quality control measures specified in paragraph (C) of
rule 3745-27-32 of the Administrative Code. (n) The names and addresses of any third party contracted for
quality control activities. (o) The accident or spill containment procedures. (p) The contingency plans specified in paragraph (C)(3) of rule
3745-27-35 of the Administrative Code. (q) The coordination with local officials such as: the fire
department, local emergency management officials, and the police
department. (D) The director shall not approve any
permit to install application for an infectious waste treatment facility unless
the director determines the following: (1) Establishment or
modification and operation of the infectious waste treatment facility will not
violate Chapter 3704., 3714., 3734. or 6111. of the Revised Code. (2) Location of the
infectious waste treatment facility is not within any of the
following: (a) The boundaries of a regulatory floodplain as defined in rule
3745-27-01 of the Administrative Code. (b) The boundaries of a floodplain as determined by the applicant
based upon a design storm equal to the one hundred-year twenty-four-hour
rainfall event defined in technical paper no. 40, "Rainfall Frequency
Atlas of the United States" (1961) available at http://www.weather.gov,
published by the national oceanic and atmospheric administration, national
weather service, and using standard methodologies set forth in "Urban
Hydrology for Small Watersheds" (1986) available at available at
http://www.usda.gov (soil conservation service technical release number 55) and
section 4 of the "National Engineering Hydrology Handbook" (1985,
including revisions through 2004) available at http://www.usda.gov of the soil
conservation service of the United States department of agriculture when no
regulatory floodplain designation exists. (3) The applicant or
person listed as operator, who has previously or is currently responsible for
the management or operation of one or more infectious waste treatment
facilities, has managed or operated such facility in substantial compliance
with applicable provisions of Chapters 3704., 3714., 3734., and 6111. of the
Revised Code, and any rules adopted and permits issued thereunder, and has
maintained substantial compliance with all applicable orders issued by the
director, the environmental review appeals commission (ERAC), or courts having
jurisdiction in accordance with applicable law . 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 applicant meets
the requirements of sections 3734.40 to 3734.43 of the Revised Code and rules
adopted thereunder. (5) A permit to install
application for the installation of a new incineration facility specifies the
locations of the infectious waste handling areas on the premises of the
proposed facility. The infectious waste handling areas shall be: (a) At least three hundred feet from the property line of the
tract of land on which the new incineration facility is proposed to be located;
and (b) At least one thousand feet from any domicile, school, prison,
or jail that is in existence on the date on which the application for the
permit to install the new incineration facility is submitted under section
3734.05 of the Revised Code. For the purposes of this paragraph, "an
application which proposes to install a new incineration facility" means
the initial permit to install application to construct an infectious waste
treatment facility which will treat infectious waste by means of incineration
or a permit to install application to modify an infectious waste treatment
facility to construct an incinerator unit where the facility's currently
effective permit to install does not authorize incineration as a treatment
method. (E) The director may consider, when
determining whether or not to approve a permit to install application for an
infectious waste treatment facility, the impact the proposed infectious waste
treatment facility may have on corrective actions that have been taken, are
presently being taken, or are proposed to be taken in the immediate
area. (F) The permittee shall submit to Ohio
EPA, upon every tenth anniversary of the effective date of a permit to install
that approved initial construction of the facility, an analysis demonstrating
that the design, construction, and operation of the infectious waste treatment
facility continues to meet applicable regulatory requirements under this
chapter. If Ohio EPA determines that the design is no longer consistent with
applicable regulatory requirements under this chapter, as those requirements
are being applied to infectious waste treatment in the state of Ohio, the
permittee may be required to submit a permit to install application to modify
the infectious waste treatment facility. If a permit to install application is
required, Ohio EPA shall not apply the siting criteria outlined in paragraph
(D) of this rule when considering the permit to install
application.
Last updated October 17, 2024 at 12:36 PM
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Rule 3745-27-38 | Alternative infectious waste treatment technology approval process.
(A) This rule sets forth the procedures and criteria for approval of an alternative infectious waste treatment technology. An alternative infectious waste treatment technology is any combination of methods, techniques, practices, designs, constructions, operations, process, or equipment, intended to treat infectious waste that is not specified in rule 3745-27-32 of the Administrative Code. Nothing in this rule relieves the owner or operator seeking such approval from the requirement to obtain any applicable permits or licenses including those pursuant to sections 3734.02 and 3734.05 of the Revised Code. (B) The applicant may request either a statewide approval or a site-specific approval in accordance with paragraphs (C), (D), and (E) of this rule. An alternative treatment technology with statewide approval may be used at any facility throughout the state of Ohio without the operator first performing initial validation testing. An alternative treatment technology with site-specific approval shall have initial validation testing performed by the operator prior to use. The following demonstrations shall accompany any such approval request: [Comment: Validation testing is performed prior to use to ensure that the alternative treatment technology will be able to achieve the performance standard for treatment. Quality assurance testing is an on-going monitor of the treatment technology's ability to attain the performance standard for treatment.] (1) Statewide approval performance standard. The achievement of a minimum four log10 reduction of bacterial spores and a minimum five log10 reduction of mycobacteria as specified in table 1 of paragraph (E)(1) of this rule immediately upon exit of the wastes from the treatment unit. (2) Site-specific approval performance standard. The achievement of a minimum four log10 reduction of bacterial spores specified in table 2 of paragraph (E)(1) of this rule immediately upon exit of the wastes from the treatment unit. (C) The applicant shall ensure that sound and accepted scientific microbial techniques were used to develop all data submitted during the approval process including but not limited to the following: (1) Enumeration of all stock suspensions or a representative sampling of carriers. (2) Placement of all samples and controls into buffered diluent. (3) Performance of three test runs for each microorganism and control. (4) Collection of all samples and controls upon exiting the treatment unit. (5) Neutralization of the collected samples and applicable controls immediately upon exiting the treatment unit, if the technology utilizes chemical treatment. (6) Homogenation of each dilution immediately prior to withdrawing an aliquot for plating or continued dilution. (7) Inoculation of the growth media immediately with the dilutions of processed waste samples and applicable controls. If immediate inoculation is not possible, then the samples shall be placed in ice for a period of time not to exceed sixty minutes, unless an alternative timeframe for holding the samples has been approved by the director. If there is documentation to support the use of longer time periods for holding the samples prior to plating, or prior to placing inoculant into growth media, or further handling for dilution of a particular technology that does not comply with this rule, Ohio EPA may accept the use of longer time periods prior to plating, or to placing into growth media, or further handling for dilution that demonstrates achievement of the performance standard for the treatment technology. The applicant shall demonstrate to Ohio EPA's satisfaction through the use of sound scientific microbial technique and peer-reviewed journal reference, or equivalent documentation, that an alternate time period is appropriate. The applicant shall submit the documentation for approval by Ohio EPA prior to use in testing. (8) Plating of dilutions in triplicate. (9) Utilization of those microbial plates that contain between thirty and three-hundred colonies. (10) Utilization of only those plate counts that demonstrate a margin of error no greater than five per cent difference between the replicate plates and no greater than a ten per cent difference in individual test runs. If one of the three replicate plates has a quantitative difference of greater than five per cent, then that replicate plate shall not be utilized and the calculation shall be formulated utilizing two replicate plates. (11) Performance of subsequent test runs. If all three of the plate counts have a quantitative difference of greater than five per cent between them, the test run is considered invalid and another test load for that particular microorganism or spore shall be prepared and processed through the unit. (12) Performance of subsequent test loads. If any one of the three test run plate dilution series has a quantitative difference of greater than ten per cent between them, the test run shall be considered invalid and another test load for that particular series shall be prepared and processed through the unit. [Comment: "Samples" as used in this paragraph refers to either portions of previously inoculated wastes or inoculated carriers. (D) The applicant shall submit to Ohio EPA the following items: (1) A written request for approval of the infectious waste treatment technology. The request shall specify whether the applicant is seeking a statewide or site specific approval. (2) A completed "Evaluation Of An Infectious Waste Treatment Technology Information Request Form" as prescribed by Ohio EPA. [Comment: Upon receipt of the written request and evaluation form, Ohio EPA will public notice the receipt of the application in the weekly review.] (3) An operating manual or other treatment unit program logic which describes in detail the operations of the unit and the critical factors influencing the treatment capability of the equipment. This description shall include, but is not limited to, the waste feed rate, maximum hourly capacity, residence time, pH, temperature reading, treatment chemical concentration, and sequence of treatment events. (4) The microbial testing protocol designed and used to evaluate the capability of the alternative infectious waste treatment unit to achieve the performance standard as specified in paragraph (B) of this rule. (5) A microbial testing report containing the microbial testing results using an appropriate protocol. The microbial testing results shall comply with paragraphs (C) and (E) of this rule and demonstrate the achievement of the performance standard upon exiting the treatment unit, as follows: (a) For statewide approval, the request shall demonstrate the achievement of a minimum four log10 reduction of bacterial spores and a minimum five log10 reduction of mycobacteria as specified in table 1 in this rule. (b) For site-specific approval, the request shall demonstrate the achievement of a minimum four log10 reduction of bacterial spores specified in table 2 in this rule. (E) The applicant shall ensure that the microbial testing and protocol are designed to evaluate the capability of the treatment unit to achieve the performance standard and comply with the following requirements. For the purposes of this rule, "samples" means either a representative portion of previously inoculated waste or an inoculated carrier: [Comment: It is strongly recommended that the applicant submit the proposed microbial testing protocol to Ohio EPA prior to testing. Upon request, Ohio EPA will review and provide written comment on the protocol. This service is offered to provide guidance intended to help the applicant's efforts in documenting effective treatment of infectious wastes.] (1) Selection of challenge microorganisms. The applicant shall use the appropriate microorganisms to test the effectiveness of a particular treatment technology in accordance with the following: (a) Those applicants who request statewide approval shall select microorganisms from table 1 as follows: (i) Use a mycobacteria species which is the most resistant to any aspect of the treatment technology. (ii) Use a bacterial spore species which is the most resistant to any aspect of the treatment technology. [Comment: Particular mycobacteria and bacterial spores are more resistant to various treatment conditions that each technology presents ; therefore, the selection of the appropriate species is a valuable test for challenging that alternative treatment technology. The applicant should consider the "D" value when selecting the appropriate species.] Table 1 | Mycobacteria | | Mycobacterium terrae | | Mycobacterium phlei | | Mycobacterium bovis | | Bacterial spores | | Geobacillus stearothermophilus | | Bacillus subtilis |
(b) Those applicants who request site-specific approval shall select one microorganism from the bacterial spore species which is the most resistant to all aspects of the treatment technology, listed in table 2. [Comment: Particular bacterial spores are more resistant to various treatment conditions that each technology presents; therefore, the selection of the appropriate bacterial spores is a valuable test for challenging that alternative treatment technology. The applicant should consider the "D" value when selecting the appropriate species.] Table 2 | Bacterial spores | | Geobacillus stearothermophilus | | Bacillus subtilis |
(c) Applicants for either type of approval may select and use other microorganism not listed in either table 1 or table 2, provided the applicant demonstrates to the satisfaction of the director that the alternative microorganism is of equal resistance as the listed indicator microorganism of that particular category. (d) Applicants for either type of approval shall select the most resistant microorganisms to their treatment technology for use in the testing process. [Comment: All microorganisms used during testing for either type of request shall be reduced in number to the levels stated in paragraph (D)(5) of this rule.] (2) Sufficient number of challenge microorganisms. The applicant shall use and be able to retrieve a sufficient number of challenge microorganisms to quantify the results for each test waste load, and for each type of inoculation. Prior to log10 reduction efficacy testing of the treatment unit, the applicant shall determine the number of recoverable microorganisms. The recoverable number of microorganisms will determine the number of challenge microorganisms sufficient to start with for all subsequent testing for log10 reductions. The applicant shall perform one of the following: [Comment: The percent number of recoverable microorganisms (%R) is in the appendix to this rule.] (a) Applicants may directly inoculate the waste load using the appropriate microbial suspension, to implement the following: (i) Inoculation with enough liquid suspension of the appropriate mycobacteria to give an adjusted theoretical challenge, as defined in the appendix to this rule, of at least 1.0 106 microorganisms per gram of waste, or per milliliter of waste if the technology is designed to treat liquid infectious wastes, for the mycobacteria specified in table 1 of paragraph (E)(1) of this rule. (ii) Inoculation with enough liquid suspension to give an adjusted theoretical challenge, as defined in the appendix to this rule, of at least 1.0 105 bacterial spores per gram of waste, or per milliliter of waste if the technology is designed to treat liquid infectious waste. (b) Applicants may choose to use a carrier system. Each individual carrier shall maintain a sufficient recoverable inoculum to allow the applicant to inoculate, retrieve, and calculate the adjusted theoretical challenge population. The applicant shall implement the following: (i) Inoculation with enough recoverable carriers of the appropriate mycobacteria to give an adjusted theoretical challenge, as defined in the appendix to this rule, of at least 1.0 106 microorganisms. (ii) Inoculation with enough recoverable carriers, such as bacterial spore strips, of the appropriate bacterial spores to give an adjusted theoretical challenge, as defined in the appendix to this rule, of at least 1.0 105 bacterial spores. (3) Selection of test waste loads. The applicant shall use test waste loads that are representative of the waste stream that the treatment technology is designed to treat. The amount of waste used to comprise an individual test run shall be sufficient to simulate operation of the unit at full capacity. The applicant shall utilize test waste loads that pose the greatest challenge to the treatment technology being tested in accordance with the following: (a) Determine which categories of infectious wastes, as defined in rule 3745-27-01 of the Administrative Code, the treatment technology will and will not be capable of treating. (b) Use full-scale production units for all testing. (c) Select infectious waste test loads using one of the following criteria: (i) For those treatment technologies that are designed to treat any and all categories of infectious wastes, as defined in rule 3745-27-01 of the Administrative Code, the applicant shall use test waste loads comprised, at a minimum, of the following: (a) Thirty per cent organic materials such as blood or other products derived from blood, and culture media. (b) Forty per cent absorbent material. (c) Thirty per cent non-absorbent material. [Comment: Waste loads used for testing should contain at least thirty per cent organic material to simulate the possibility of processing laboratory waste. Absorbent material means those waste items such as surgical drapes and sponges and patient gowns that will readily absorb liquids. Non-absorbent material means waste items such as exam gloves, tubing, and plastic containers that do not readily absorb liquids.] (ii) For those treatment technologies that are designed to treat a specific category of infectious waste, as defined in rule 3745-27-01 of the Administrative Code, the applicant shall use test waste loads composed of one hundred per cent of the specific infectious waste category that the treatment technology is designed to treat. (iii) For those treatment technologies that are designed to treat any category of infectious wastes as defined in rule 3745-27-01 of the Administrative Code, but are sensitive to particular combinations or individual items contained in a waste stream, the applicant shall use test waste loads composed of one hundred per cent of the combination or individual item of that specific infectious waste category, as defined in rule 3745-27-01 of the Administrative Code, which poses the greatest challenge to that treatment technology. [Comment: An example of a treatment technology that would have to use a test waste load as outlined in paragraph (E)(3)(c)(iii) of this rule would be a chemical treatment technology whose active ingredient is a chemical that is "bound" or "consumed" by large quantities of organics that may be present in a waste load. Therefore, the treatment technology would be required to use test waste loads composed of one hundred per cent of organics. This testing would challenge the treatment technology in a "worse case" scenario.] (iv) For those treatment technologies that are designed to treat any category of infectious wastes, as defined in rule 3745-27-01 of the Administrative Code, but the applicant intends to request approval for treating only specific waste loads at specific volumes, the applicant may use test waste loads comprised of combinations other than those listed in paragraph (E)(3) of this rule. The director's approval letter will reflect these specific conditions. [Comment: An example of a treatment technology that may elect to use a test waste load as outlined in paragraph (E)(3)(c)(iv) of this rule would be a chemical treatment technology whose active ingredient is a chemical that is "bound" or "consumed" by large quantities of organics that may be present in a waste load. Therefore, the applicant may use test waste loads composed of combinations or volumes other than those listed above. The director's approval letter will reflect the applicants selection of test waste load for use during actual infectious waste treatment activities.] (v) For those treatment technologies that are designed to treat any and all categories of infectious wastes as defined in rule 3745-27-01 of the Administrative Code, the applicant may use alternative test waste loads comprised of materials or volumes other than those outlined in paragraph (E)(3)(c)(i) of this rule, provided that the applicant demonstrates to Ohio EPA's satisfaction that an alternative test waste load provides a greater challenge to the technology. (4) Preparation of the test waste loads. The applicant shall prepare and inoculate test waste loads selected in accordance with paragraph (E)(3) of this rule in the following manner: (a) Prepare the test waste load by doing any of the following: (i) Autoclaving infectious wastes to achieve sterility and then cooling the treated infectious wastes prior to inoculation with the challenge microbial suspensions or carrier. (ii) Preparing test waste loads using new/unused representative materials. [Comment: An applicant who chooses to use test waste loads of noninfectious materials may do so either by using infectious wastes that have been autoclaved or materials that contain clean, unused, new, and/or previously packaged materials. It is the applicant's responsibility to ensure that the test waste load materials are representative of the waste stream.] (b) Inoculate the test waste loads ensuring that all preparations are accomplished in a manner that will distribute the inoculum evenly throughout the waste load. The ratio of the volume of inoculum to the amount of waste shall not be less than one to twenty (not less than five per cent). Inoculation shall be accomplished by doing any of the following: (i) Using a microbial suspension, seed the test waste load with a sufficient number of challenge microorganisms as specified in paragraph (E)(2) of this rule. (ii) Using a carrier system, introduce one carrier with the appropriate inoculum for each ten pounds of waste in the test load. If the test load consists of less than ten pounds of waste, then a minimum of three carriers shall be used in each test load. The carriers shall be evenly distributed throughout the waste load. (5) Enumeration of the original inoculum. The applicant shall perform the enumeration of either the initial inoculum in the stock suspension or a representative sampling of carriers as follows: (a) For a stock suspension, do the following: (i) Enumerate all initial stock suspensions of microorganisms and control immediately prior to introduction into the test waste load used. (ii) Inoculate the test waste load immediately prior to introduction into the treatment unit. (iii) Use the stock suspension number obtained above to determine the theoretical challenge (TC) and subsequently the adjusted theoretical challenge (ATC) for each test run as described in the appendix to this rule. (b) For a carrier system, do the following: (i) Verify through prior enumeration the inoculum contained on a representative sampling of carriers. (ii) Determine the theoretical challenge (TC) for each microorganism and subsequently the adjusted theoretical challenge (ATC) for each test run as described in the appendix to this rule. (6) Performing the treatment test runs. The applicant shall evaluate the treatment unit utilizing microorganisms or carriers in accordance with the following: (a) Use full-scale production units for all testing. (b) Conduct a recovery test run, using sound and accepted scientific microbial techniques, as specified in paragraph (C) of this rule, for each microorganism to determine the percentage of microorganisms that can be recovered from the waste loads used for testing, as specified in the appendix of this rule. The applicant shall perform at least one recovery test run absent of the aspect of the treatment technology that is responsible for the microbial kill. [Comment: One recovery test run must be performed for each Mycobacterium spp., Geobacillus stearothermophilus or Bacillus subtilis spore. The recovery test run is necessary to determine the amount of loss of microorganisms or spores that is due to the physical aspects of the treatment unit and therefore to determine the ability to retrieve the microorganisms or spores from the waste or carrier.] (c) Utilize a minimum of three treatment test runs per microorganism or spore. (d) Demonstrate the attainment of the applicable performance standard as specified in paragraph (B) of this rule at the completion of all three test runs. (7) Recording data during testing. The applicant shall produce a permanent record of the following observations or recordings: (a) The date of testing. (b) The time of day that each test load is placed into the treatment unit. (c) The time of day that each sample is retrieved from the treatment unit. (d) The applicable observed or recorded operational parameters at which the treatment unit was operated. [Comment: The applicant is expected to record the operational parameters for the treatment unit which any operator would use to ensure that the treatment unit was operating properly. Such operational parameters would include any preset or permanent settings or parameters that would affect the function of the unit.] (8) Determining the sample number. The applicant shall ensure that a sufficient number of samples are collected in order to demonstrate compliance with the applicable performance standard as specified in paragraph (B) of this rule by evaluating the following factors: (a) The total treatment capacity. (b) The throughput process, such as a batch or continuous treatment process. (c) The physical state of the processed waste, such as loose or conglomerated. (d) The categories of infectious waste as defined in rule 3745-27-01 of the Administrative Code that the technology is designed to treat. [Comment: More processed waste samples should be collected from larger test loads to ensure that samples are representative. As a general guideline, Ohio EPA would recommend that at least nine samples be collected. The nine collected samples may be used to make three composite samples.] (9) Collection of test samples. The applicant shall use a sufficient number of samples collected from each test run as the waste exits the treatment unit or shall collect all carriers as they exit the treatment unit to determine the number of surviving microorganisms or spores in accordance with the following: (a) Neutralize, if applicable, all controls and samples immediately upon exiting the treatment unit using a documented or prior tested neutralizer that will not affect the viable number of microorganisms being tested. (b) Cool all samples and controls to room/ambient temperature upon exiting the treatment unit and prior to preparation of the dilutions. [Comment: The use of a buffered diluent to place all samples and controls into will satisfy the requirement of cooling and preparation of the dilutions. This requirement need not be a two step process.] (c) Prepare dilutions from each collected sample or composite sample. (10) Plating of test samples and calculation of test results. The applicant shall ensure that samples are plated and the results shall be calculated as follows: (a) The dilutions that are chosen for plating must be plated in triplicate. (b) Utilize only those microbial plates that contain between thirty and three hundred colonies or plaques for the demonstration of the attainment of the performance standard as specified in paragraph (B) of this rule. (c) Do not use any plate count if one of the three replicate plates has a quantitative difference of greater than five per cent. That replicate plate shall not be used and the calculation shall be formulated utilizing two replicate plates. If all three of the plate counts have a quantitative difference of greater than five per cent between them, the test run is considered invalid and another test load for that particular microorganism or spore shall be prepared and processed through the unit. (d) Do not use any dilution series from a test run if any one of the three test run plate dilution series has a quantitative difference of greater than ten per cent with either of the other two. The test run shall be considered invalid and another test load for that particular series shall be prepared and processed through the unit. (11) Preparing the microbial testing report. The microbial testing report shall be prepared by the test manager responsible for conducting the microbial testing and shall present the raw data and results gathered in accordance with the protocol, as specified in paragraph (E) of this rule. The report shall contain, at a minimum, the following information: (a) Testing parameters and results based upon a protocol which follows the standards specified in paragraph (E) of this rule. (b) Enough detailed information so that the reported results and procedures could be reproduced by an independent laboratory. (c) An introduction describing the intent of the testing. The introduction shall also contain the name, address, and telephone number of the laboratory and the name of the test manager. (d) A separate section describing all materials and methods used to perform the testing and subsequent incubation of dilution of samples. (e) A results section which contains, but is not limited to, the following: (i) All raw data including all individual microbial counts. (ii) Log reduction levels achieved for each test microorganism or spore obtained from the microbial testing of the three test loads that achieved the performance standard. (iii) At least one example of each calculation used to determine the log10 reduction levels through the utilization of the formulas found in the appendix to this rule. (f) A conclusion section documenting the ability of the treatment technology to achieve the applicable performance standard as specified in paragraph (B) of this rule. (12) When, in the judgement of Ohio EPA, the protocol or testing method of a particular technology can not be designed in accordance with this rule, the director may accept an alternate protocol or testing method that does demonstrate achievement of the performance standard for the treatment technology. The applicant shall demonstrate to the director's satisfaction through the use of sound scientific microbial technique and peer-reviewed journal reference or equivalent documentation that an alternate is of equal or greater challenge. [Comment: Ohio EPA anticipates requests for approval of technologies that will not have enough residual material available for microbial testing.] (F) Approval criteria. The director shall not approve an application for an alternative infectious waste treatment technology unless the director determines all of the following: (1) The use of the technology will be protective of human health and the environment. (2) The application conforms with the applicable requirements of paragraphs (B), (C), (D) and (E) of this rule. (3) The treatment technology is, at a minimum, capable of attaining the performance standards in accordance with paragraph (B) of this rule. (4) The testing performed as a part of the application was performed on full-scale production units. (5) For a site-specific approval, the applicant shall produce published, scientific, peer reviewed literature which indicates that results included in the application are repeatable and will be able to attain the performance standard as specified in paragraph (B) of this rule. (6) In determining whether an alternative technology will be capable of attaining the applicable performance standard, the director may consider the actual performance history of a technology that has been used or approved for use outside of Ohio. (G) Contents of the director's authorization. Those alternative infectious waste treatment technologies that are approved by the director shall receive an authorization which at a minimum, shall contain the following: (1) A description of the technology. (2) The parameters at which the technology shall be operated during the treatment of infectious wastes. (3) A condition that the applicant include a copy of the approval letter in the front of each operating manual distributed with the treatment units. (4) The operational procedures to be followed during the use of the alternative technology including any prohibitions of specific categories of infectious wastes. (5) A quality assurance testing program to ensure that the treatment technology is achieving a minimum four log10 reduction in bacterial spores. When determining the frequency of biological quality assurance testing, the director may consider the use of reliable parametric monitoring that is available with that technology at the time of approval. (6) Quality assurance record keeping requirements. (7) The measures the operator shall take to manage infectious wastes in the event that the treatment technology fails to achieve the applicable performance standard. (8) For those technologies that receive a site specific approval, a condition that infectious wastes may not be treated using that treatment technology until the owner or operator demonstrates through validation testing as specified in the director's approval letter that the treatment unit is capable of achieving the performance standard specified in paragraph (B) of this rule. (9) Any other conditions or requirements that the director deems appropriate in order to ensure that the approved alternative technology will be capable of achieving the performance standard specified in paragraph (B) of this rule and that the technology will be capable of being operated in a manner that is protective of human health and the environment. (10) The director's authorization for the treatment technology shall reflect the types and volumes of waste streams that the treatment technology has been tested against. (H) The director may deny an application for an alternative infectious waste treatment technology if, within one hundred and eighty days of receipt of notification, the application is incomplete or, the applicant has not corrected noted deficiencies and resubmitted the application, or has not notified Ohio EPA that the application is being withdrawn. (I) Changes to an authorized alternative treatment technology. Changes to an authorized alternative treatment technology shall be submitted in writing to Ohio EPA for the director's authorization and shall include the information required by this rule. (J) Revocation. The director may revoke any approval of an alternative infectious waste treatment technology when any of the following has occurred: (1) Any applicable laws have been or are likely to be violated. (2) The application contained false or incorrect information such that the application would not have been approved if the correct information had been submitted. (3) Under actual operation, the technology consistently fails to attain the applicable performance standard as specified in paragraph (B) of this rule. (4) The use of the technology causes or threatens to cause harm to human health or the environment.
Last updated October 17, 2024 at 12:36 PM
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Rule 3745-27-39 | Final closure of infectious waste treatment facilities.
(A) Applicability. (1) The owner or operator of an infectious waste treatment facility that is exempt from the permit and licensing requirements as detailed in sections 3734.02 and 3734.05 of the Revised Code shall comply with paragraphs (B) and (E) of this rule. (2) The owner or operator of an infectious waste treatment facility that is required to obtain an annual operating license in accordance with section 3734.05 of the Revised Code shall comply with paragraphs (C), (D) and (E) of this rule. (3) The owner or operator of an infectious waste treatment facility that maintains a solid waste license with an infectious waste notation in accordance with section 3734.05 of the Revised Code, shall comply with paragraphs (C), (D) and (E) of this rule. Closure requirements shall pertain only to infectious waste operations. [Comment: The owner or operator of an infectious waste treatment facility that has a solid waste license with an infectious waste notation and no longer wishes to treat infectious wastes will be required to perform closure. The facility will be able to continue to manage solid wastes and the infectious waste notation will be removed from the license on the next renewal date.] (4) The owner or operator of an infectious waste treatment facility that has multiple infectious waste treatment units and ceases treating infectious wastes by any treatment unit and still maintains infectious waste treatment by the remaining infectious waste treatment units shall not be subject to this rule. (B) The owner or operator of any infectious waste treatment facility described in paragraph (A)(1) of this rule that permanently ceases treating infectious wastes or physically removes the infectious waste treatment unit shall comply with the following: (1) Within seven calendar days of the date that the facility ceased to treat infectious wastes, a notification shall be sent to Ohio EPA by submitting an "Amended Infectious Waste Generator Registration Certificate Application Form" pursuant to rule 3745-27-36 of the Administrative Code. (2) Not later than thirty days after the facility has ceased to treat infectious waste, thoroughly clean all waste handling facilities, equipment, and areas on the premises where infectious waste was handled, managed or stored. Thorough cleaning of an infectious waste treatment facility shall include, at a minimum, the following actions: (a) All areas of the facility including, but not limited to, all containers, equipment, machines, floors and facility surfaces that were in contact with untreated infectious wastes at any time during the operation of the facility shall be washed or otherwise subjected to procedures that substantially reduce or eliminate any remaining constituents or contaminants derived from contact with infectious wastes using one of the following approved disinfectants: (i) A U.S. EPA registered hospital disinfectant that is also tuberculocidal, for a contact time as specified by the manufacturer. (ii) An unexpired dated stabilized bleach product that is a U.S. EPA registered hospital disinfectant that is also tuberculocidal, for a contact time as specified by the manufacturer. (iii) A minimum ten per cent sodium/potassium hypochlorite solution prepared immediately prior to use with a minimum of thirty minutes of contact time. (b) Remove and properly dispose of any quench pit or water tank residue and liquids remaining at the facility. (c) Maintain the facility management plan as required by paragraph (I) of rule 3745-27-32 of the Administrative Code at the closed treatment facility for three years. An alternative location may be approved by Ohio EPA. (C) Closure is mandatory for all infectious waste treatment facilities described in paragraphs (A)(2) and (A)(3) of this rule when: (1) The facility owner or operator notifies Ohio EPA in writing that the facility will permanently cease treating infectious waste. (2) The infectious waste treatment facility ceases to treat infectious wastes. However, closure is not mandatory for a period of one year after ceasing to treat infectious wastes if there is a reasonable likelihood that normal operations will resume at the infectious waste treatment facility during the year. (3) The infectious waste treatment facility license has expired, and the owner or operator has not applied for a renewal license in the manner prescribed in Chapter 3745-37 of the Administrative Code. (4) The infectious waste treatment facility license has expired and a renewal license has been applied for and denied as a final action. (5) The infectious waste treatment facility license has been revoked as a final action. (D) The owner or operator of an infectious waste treatment facility described in paragraph (A)(2) or (A)(3) of this rule shall perform the following actions: (1) If the facility is closing for reasons outlined in paragraph (C)(1) or (C)(2) of this rule: (a) Provide written notice, by certified mail or any other form of mail accompanied by a receipt, thirty days prior to the date that the facility will cease treating waste, to the approved local health district and the appropriate Ohio EPA district office. (b) Concurrently, send written notice by certified mail or any other form of mail accompanied by a receipt, thirty days prior to the date that the facility will cease treating waste, to all registered infectious waste transporters who have utilized the facility in the past six months. (2) If the facility is closing for reasons outlined in paragraphs (C)(3), (C)(4), and (C)(5) of this rule, not later than seven days after the final action, the owner or operator shall send written notice by certified mail, or any other form of mail accompanied by a receipt, to all registered infectious waste transporters who have utilized the facility in the past six months. (3) Not later than fourteen days after the facility has ceased to accept infectious waste, all untreated infectious wastes shall be removed from the facility and transported to an authorized treatment facility. (4) Not later than thirty days after the facility has ceased to accept infectious waste for treatment, thoroughly clean all waste handling facilities, equipment, and areas on the premises where infectious waste was handled, managed, or stored. For purposes of this rule, thorough cleaning of an infectious waste treatment facility, at a minimum, shall include the following actions: (a) All areas of the facility including, but not limited to, all containers, equipment, machines, floors, and facility surfaces that were in contact with untreated infectious wastes at any time during the operation of the facility shall be washed or otherwise subjected to procedures that substantially reduce or eliminate any remaining constituents or contaminants derived from contact with infectious wastes using one of the following approved disinfectants: (i) A U.S. EPA registered hospital disinfectant that is also tuberculocidal, for a contact time as specified by the manufacturer. (ii) An unexpired dated stabilized bleach product that is a U.S.EPA registered hospital disinfectant that is also tuberculocidal, for a contact time as specified by the manufacturer. (iii) A minimum ten per cent sodium/potassium hypochlorite solution prepared immediately prior to use with a minimum of thirty minutes of contact time. (b) Remove and properly dispose of any quench pit or water tank residue and liquids remaining at the facility; (c) Maintain the facility management plan, as required by paragraph (I) of rule 3745-27-32 of the Administrative Code at the closed treatment facility for three years. An alternative site may be approved by Ohio EPA. (d) Post signs so they are easily visible at all points of access leading into the facility, stating that the facility is closed for all infectious waste treatment activities. The signs shall be maintained in legible condition for not less than six months after closing the facility. The text of the signs, in letters not less than three inches high, required by this paragraph shall state as follows: "This facility is closed for infectious waste treatment." The following text shall be included on the signs, in letters not less than one inch high, as required by this paragraph: "The unauthorized disposal of infectious wastes at this facility constitutes open dumping which is a violation of Chapter 3734. of the Revised Code. Whoever recklessly violates Chapter 3734. of the Revised Code may be guilty of a felony, punishable by a fine of at least ten thousand dollars but not more than twenty-five thousand dollars or imprisoned for at least two years but not more than four years, or both." (E) Closure certification. Not later than thirty days after completing the requirements as specified in this rule or before the closed facility may be converted to other uses, whichever occurs first, the owner or operator shall submit to the appropriate Ohio EPA district office and to the board of the approved local health district, written certification that the facility has been closed in accordance with this rule. The final closure certification shall be signed and notarized by the owner or operator. The signature on the document shall constitute personal affirmation that all statements and all assertions of fact made in the document are true, accurate, include all required information, and comply fully with applicable rules.
Last updated October 17, 2024 at 12:36 PM
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Rule 3745-27-54 | Registration requirements for scrap tire transporters - annual registration certificate.
Any reference to this rule in rule 3745-27-16 of
the Administrative Code shall be construed as a reference to Chapter 3745-580
of the Administrative Code.
Last updated January 8, 2024 at 1:34 PM
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Rule 3745-27-56 | Standards for transporters of scrap tires.
(A) Any reference to this rule in rule
3745-27-17 of the Administrative Code shall be construed as a reference to rule
3745-580-110 of the Administrative Code. (B) Any reference to this rule in rule
3745-27-01 of the Administrative Code shall be construed as a reference to rule
3745-580-110 of the Administrative Code.
Last updated January 8, 2024 at 1:35 PM
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Rule 3745-27-60 | General storage and handling of scrap tires.
(A) Any reference to this rule in rule
3745-27-01 of the Administrative Code shall be construed as a reference to rule
3745-580-04 or 3745-580-05 of the Administrative Code, as
applicable. (B) Any reference to this rule in rule
3745-27-04 of the Administrative Code shall be construed as a reference to
rules 3745-580-600 to 3745-580-726 of the Administrative Code, as
applicable.
Last updated January 8, 2024 at 1:35 PM
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Rule 3745-27-61 | Registration requirements for scrap tire collection, class II scrap tire storage, and class II scrap tire recovery facilities.
(A) Any reference to this rule in
paragraph (C)(6) of rule 3745-27-01 of the Administrative Code shall be
construed as a reference to rule 3745-580-22 of the Administrative
Code. (B) Any reference to this rule in paragraph (O)(4)(b)(iv)
of rule 3745-27-01 of the Administrative Code shall be construed as a reference
to rule 3745-580-105, 3745-580-205, 3745-580-305, or 3745-580-405 of the
Administrative Code, as applicable. (C) Any reference to this rule in rule 3745-27-15 of the
Administrative Code shall be construed as a reference to rule 3745-580-22 of
the Administrative Code.
Last updated January 8, 2024 at 1:35 PM
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Rule 3745-27-63 | Class I scrap tire storage facility or class I scrap tire recovery facility permit to install application.
(A) Any reference to this rule in rule
3745-27-01 of the Administrative Code shall be construed as a reference to rule
3745-580-22, 3745-580-205, 3745-580-305, or 3745-580-405 of the Administrative
Code. (B) Any reference to this rule in rule
3745-27-52 of the Administrative Code shall be construed as a reference to rule
3745-580-301 of the Administrative Code. (C) Any reference to this rule in rule
3745-27-99 of the Administrative Code shall be construed as a reference to rule
3745-580-301 or 3745-580-401 of the Administrative Code, as
applicable.
Last updated January 8, 2024 at 1:36 PM
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Rule 3745-27-65 | Operation of scrap tire collection, storage, and recovery facilities.
(A) Any reference to this rule in rule
3745-27-01 of the Administrative Code shall be construed as a reference to rule
3745-580-210, 3745-580-310, or 3745-580-410 of the Administrative Code, as
applicable. (B) Any reference to this rule in rule
3745-27-52 of the Administrative Code shall be construed as a reference to rule
3745-580-04 of the Administrative Code.
Last updated January 8, 2024 at 1:36 PM
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Rule 3745-27-66 | Closure of scrap tire collection, storage, or recovery facilities.
(A) Any reference to this rule in rule
3745-27-01 of the Administrative Code shall be construed as a reference to rule
3745-580-22 of the Administrative Code. (B) Any reference to this rule in rule
3745-27-15 of the Administrative Code shall be construed as a reference to rule
3745-580-325 or 3745-580-425 of the Administrative Code, as
applicable. (C) Any reference to this rule in rule
3745-27-17 of the Administrative Code shall be construed as a reference to rule
3745-580-325 or 3745-580-425 of the Administrative Code, as
applicable.
Last updated January 8, 2024 at 1:37 PM
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Rule 3745-27-70 | Scrap tire monofill facility permit to install application.
Any reference to this rule in rule 3745-27-99 of
the Administrative Code shall be construed as a reference to rule 3745-580-701
of the Administrative Code.
Last updated January 8, 2024 at 1:38 PM
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Rule 3745-27-72 | Scrap tire monofill facility construction.
Any reference to this rule in rule 3745-27-99 of
the Administrative Code shall be construed as a reference to rule 3745-580-705
of the Administrative Code.
Last updated January 8, 2024 at 1:38 PM
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Rule 3745-27-73 | Final closure of a scrap tire monofill facility.
(A) Any reference to this rule in rule
3745-27-01 of the Administrative Code shall be construed as a reference to rule
3745-580-22 of the Administrative Code. (B) Any reference to this rule in rule
3745-27-17 of the Administrative Code shall be construed as a reference to rule
3745-580-725 of the Administrative Code. (C) Any reference to this rule in rule 3745-27-99 of the
Administrative Code shall be construed as a reference to rule 3745-580-725 of
the Administrative Code.
Last updated January 8, 2024 at 1:39 PM
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Rule 3745-27-74 | Post-closure care of scrap tire monofill facilities.
(A) Any reference to this rule in rule
3745-27-16 of the Administrative Code shall be construed as a reference to rule
3745-580-22 of the Administrative Code. (B) Any reference to this rule in rule 3745-27-17 of the
Administrative Code shall be construed as a reference to rule 3745-580-726 of
the Administrative Code.
Last updated January 8, 2024 at 1:39 PM
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Rule 3745-27-78 | Beneficial use of scrap tires.
(A) Any reference to this rule in rule
3745-27-01 of the Administrative Code shall be construed as a reference to
rules 3745-580-800 to 3745-580-810 of the Administrative Code, as
applicable. (B) Any reference to this rule in rule
3745-27-19 of the Administrative Code shall be construed as a reference to
rules 3745-580-800 to 3745-580-810 of the Administrative Code, as
applicable. (C) Any reference to this rule in rule 3745-27-99 of the
Administrative Code shall be construed as a reference to rules 3745-580-800 to
3745-580-810 of the Administrative Code, as applicable.
Last updated January 8, 2024 at 1:39 PM
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Rule 3745-27-79 | Soil, surface water, and ground water contamination characterization and remediation caused by open burning of scrap tires.
(A) Any reference to this rule in rule
3745-27-15 of the Administrative Code shall be construed as a reference to rule
3745-580-31 of the Administrative Code. (B) Any reference to this rule in rule
3745-27-17 of the Administrative Code shall be construed as a reference to rule
3745-580-31 of the Administrative Code.
Last updated January 8, 2024 at 1:40 PM
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Rule 3745-27-90 | Standards for solid waste management districts.
Effective:
December 1, 2020
This rule incorporates the goals established in the 2020 "State Solid Waste Management Plan" and the performance standards developed as required by that plan. The 2020 "State Solid Waste Management Plan" establishes ten goals for solid waste management districts. Solid waste management districts have the option of achieving either goal 1 or goal 2 but are encouraged to achieve both. Goal 9 is optional. The goals of the 2020 "State Solid Waste Management Plan" and the performance standards incorporated into this rule are specified in the following table: | Goal | Subject | Rule Location | | Goal 1 | Opportunity to recycle | paragraph (E) | | Goal 2 | Waste reduction and recycling rate | paragraph (F) | | Goal 3 | Minimum outreach and education | paragraph (G) | | Goal 4 | Outreach plan and general requirements | paragraph (H) | | Goal 5 | Industrial programs and services | paragraph (I) | | Goal 6 | Restricted solid wastes, household hazardous waste, and electronics | paragraph (J) | | Goal 7 | Economic incentives | paragraph (K) | | Goal 8 | Greenhouse gas reduction | paragraph (L) | | Goal 9 | Market development | paragraph (M) | | Goal 10 | Reporting | paragraph (N) |
(A) For the purposes of this rule, terms are defined as follows: (1) "Commercial recycling opportunities" means recycling service providers, drop off locations, buy back operations, scrap yards, and material recovery facilities that provide commercial and industrial sectors the ability to recycle. Commercial recycling opportunities include recycling opportunities that allow for the collection of at least five of the following materials: (a) Corrugated cardboard. (b) Mixed paper or any of the following grades of paper: (i) Office paper. (ii) Newspaper. (iii) Magazines. (c) Paperboard. (d) Glass beverage and food containers. (e) Steel beverage and food containers. (f) Aluminum beverage and food containers. (g) Plastic bottles and jugs. (h) Pallets. (i) Packaging. [Comment: For the purposes of this rule, the term "commercial businesses" is used to refer to commercial businesses and institutions.] (2) "Drop off recycling locations" means only those recycling locations that meet the following: (a) Allow residents to easily find and access the site. (b) Provide a minimum of six cubic yards of capacity. (c) Include signs that provide at a minimum the following information: (i) The location of the site. (ii) The materials that are accepted. (iii) The days and hours of operation. (d) Are serviced in frequencies that meet the demand of the intended population, use of the site, and prevent overflows. (3) "Full-service rural drop-off recycling location" means a drop-off recycling location in a political subdivision with a residential population of less than five thousand and at a minimum is available forty hours per week. (4) "Full-service urban drop-off recycling location" means a drop-off recycling location in a political subdivision with a residential population of five thousand or more and at a minimum is available forty hours per week. (5) "Mixed solid waste material recovery facility" means a facility where recyclables are recovered from mixed solid waste. (6) "Non-subscription curbside recycling service" means a curbside recycling service that at a minimum is available as follows: (a) To residents living in single-family homes. (b) Such that residents are automatically enrolled in the curbside recycling service and automatically receive a collection receptacle. (c) Such that a resident can choose not to participate but cannot opt out of paying for the curbside recycling service. (d) To include a minimum pick up frequency of once every two weeks. (7) "Part-time drop-off recycling location" means a drop-off recycling location in a political subdivision that is available at a regularly scheduled time at a minimum of once a month. (8) "Political subdivision" has the same meaning as in division (F) of section 2744.01 of the Revised Code. (9) "Reference year" means the year prior to the year the solid waste management district begins preparing a solid waste management plan pursuant to section 3734.56 of the Revised Code unless otherwise designated in the solid waste management plan. (10) "Residential recycling opportunities" means subscription and non-subscription curbside recycling services, drop-off recycling locations, and mixed solid waste recovery facilities that provide residents with the ability to recycle. Residential recycling opportunities include recycling opportunities that allow for the collection of at least five of the following materials: (a) Corrugated cardboard. (b) Mixed paper or any of the following grades of paper: (i) Office paper. (ii) Newspaper. (iii) Magazines. (c) Paperboard. (d) Glass beverage and food containers. (e) Steel beverage and food containers. (f) Aluminum beverage and other containers. (g) Plastic bottles and jugs. (11) "Subscription curbside recycling" means a curbside recycling service that at a minimum is available as follows: (a) To all residents living in single-family homes. (b) To all residents that have trash collection service due to an ordinance, franchise agreement, or another mechanism established by the political subdivision. (c) Such that residents decide whether to receive curbside recycling service. (d) Only to those residents that subscribe and submit payment for the curbside recycling service. (e) To include a minimum pick up frequency of once every two weeks. (B) A solid waste management district preparing a solid waste management plan pursuant to section 3734.55 of the Revised Code, amending a solid waste management plan pursuant to section 3734.56 of the Revised Code, or addressing a material change in circumstances pursuant to division (D) of section 3734.56 of the Revised Code shall prepare a solid waste management plan in accordance with paragraphs (C) to (M) of this rule and section 3734.53 of the Revised Code. (C) A solid waste management district shall prepare a solid waste management plan in a format prescribed by the director in accordance with division (A) of section 3734.53 of the Revised Code. (D) A solid waste management district shall submit the solid waste management plan to the director. The director shall not approve a solid waste management plan unless the director determines that the solid waste management plan meets the requirements of this rule. (E) The solid waste management plan shall include a demonstration that residents and commercial businesses in each county of the solid waste management district have the opportunity to recycle solid waste. (1) The demonstration for providing residential recycling opportunities shall include the following: (a) An inventory of the residential recycling opportunities that existed in the reference year. (b) Population credits assigned to curbside recycling services as follows: (i) For a subscription curbside recycling service, the population credit is assigned using one of the following methods, whichever is greater: (a) The total population of the political subdivision where subscription to a curbside recycling service is available multiplied by twenty-five per cent. (b) The population of the political subdivision using the subscription curbside recycling service based on the actual number of subscriptions to the subscription curbside recycling service or another measure of participation. (c) The number of households within the political subdivision with the ability to use the subscription curbside recycling service multiplied by 2.6 people per household multiplied by twenty-five per cent. (ii) For a non-subscription curbside recycling service, the population credit is the total population of the political subdivision where a non-subscription curbside recycling service is available. (c) Population credits assigned to drop-off recycling locations as follows: (i) For a full-service urban drop-off recycling location, the population credit is five thousand. (ii) For a full-service rural drop-off recycling location, the population credit is two thousand five hundred. (iii) For a part-time drop-off recycling location, the population credit is two thousand five hundred. (iv) The solid waste management district may assign a higher population credit to a drop-off recycling location if the solid waste management plan demonstrates higher participation based on the tons of recyclables recovered at the drop-off recycling location. The format prescribed by the director establishes the demonstration method. (d) Population credits assigned to a mixed solid waste material recovery facility as follows: (i) For a mixed solid waste material recovery facility that has an overall recovery rate of fifteen per cent or greater, the population credit is the population that generates the solid waste taken to the mixed solid waste material recovery facility. (ii) For a mixed solid waste material recovery facility that has an overall recovery rate of less than fifteen per cent, a population credit is based on the following calculation: The population that generates the solid waste taken to a mixed solid waste material recovery facility x (the recovery rate expressed as a percentage/fifteen per cent). (e) A calculation of the percentage of the residential population in each county of the solid waste management district that had the opportunity to recycle in the reference year. For the purposes of this rule, the calculation shall consist of summing the populations credits assigned to each recycling opportunity in accordance with paragraph (E)(1) of this rule, dividing the sum by the total population of the county, and multiplying the quotient by one hundred. (f) A demonstration of either of the following: (i) The solid waste management district had sufficient recycling opportunities in the reference year to provide a minimum of eighty per cent of the residential population within each county of the solid waste management district the opportunity to recycle. (ii) The solid waste management district will implement new or upgraded recycling opportunities to provide a minimum of eighty per cent of the residential population within each county of the solid waste management district the opportunity to recycle by the third anniversary of the date the director approved the solid waste management plan. (g) Details regarding the additional recycling opportunities the solid waste management district will implement pursuant to paragraph (E)(1)(f)(ii) of this rule and a demonstration that those opportunities will be implemented as follows: (i) In accordance with a schedule established in the solid waste management plan. (ii) By the third anniversary of the date the director approved the solid waste management plan. (h) A solid waste management district may submit a request to the director to reduce the eighty per cent opportunity to recycle established in paragraph (E)(1)(f) of this rule. The request shall contain a justification for how current and planned recycling opportunities are sufficient to achieve the specifications of paragraph (E)(1)(f) of this rule. Potential demonstration factors may include but are not limited to the following: (i) Current or planned recycling drop-off sites are located on transportation corridors. (ii) Current or planned recycling drop-off sites are located near the border of two political subdivisions within the district that serve residents from both political subdivisions. (iii) Recycling drop-off locations are in high traffic areas. (iv) Current or planned recycling drop-off sites are in areas where curbside service is not currently available. (v) Drop-offs serve multi-family households. (vi) Other factors requested by Ohio EPA. (i) A demonstration of either of the following: (i) The solid waste management district will implement and maintain sufficient recycling opportunities throughout the entire planning period to provide a minimum of eighty percent of the residential population the opportunity to recycle. (ii) If the director approved a waiver in accordance with paragraph (E)(1)(h) of this rule, how the solid waste management district will make sufficient recycling opportunities available throughout the entire planning period for the approved per cent of the residential population. (j) Details of how the solid waste management district will encourage participation in available recycling opportunities. (2) The demonstration for providing commercial recycling opportunities shall include the following: (a) An inventory of the commercial recycling opportunities that existed in the reference year. (b) A demonstration of one of the following: (i) The solid waste management district had sufficient commercial recycling opportunities in the reference year to give commercial generators within each county of the solid waste management district the opportunity to recycle. (ii) The solid waste management district will implement new or upgraded commercial recycling opportunities to give commercial generators within each county of the solid waste management district the opportunity to recycle by the third anniversary of the date the director approved the solid waste management plan. (c) Details regarding the additional commercial recycling opportunities the solid waste management district will implement pursuant to paragraph (E)(2)(b)(ii) of this rule and a demonstration that those opportunities will be implemented as follows: (i) In accordance with a schedule established in the solid waste management plan, and. (ii) By the third anniversary of the date the director approved the solid waste management plan. (d) A demonstration that the solid waste management district will implement and maintain sufficient commercial recycling opportunities throughout the entire planning period to give commercial generators within each county of the solid waste management district the opportunity to recycle. (3) If the solid waste management district achieved a reduction and recycling rate for the residential and commercial sector of less than twenty-five per cent in the reference year, the solid waste management plan shall provide a demonstration that the solid waste management district will achieve annual increases in the reduction and recycling rate for the residential and commercial sector. (F) The solid waste management plan shall demonstrate that the solid waste management district will meet the goal of a twenty five per cent waste reduction and recycling rate for solid wastes generated by the residential and commercial sector. At a minimum, the demonstration shall include the following: (1) An inventory of the solid waste generated by the residential and commercial sector that was recycled in the reference year. (2) A calculation of the percentage of solid waste generated by the solid waste management district's residential and commercial sector that was reduced and recycled in the reference year. The format prescribed by the director establishes the calculation. A solid waste management district shall not credit the following materials to the calculation of achieving the reduction and recycling percentage: (a) Train boxcars. (b) Metals from motor vehicle salvage operations, including auto bodies, auto parts, and other vehicle bodies or parts. (c) Construction and demolition debris. (d) Manure. (e) Agricultural waste. (f) Waste used as alternative daily cover pursuant to rule 3745-27-19 of the Administrative Code. (g) Municipal sewage sludge, unless the solid waste management district can demonstrate the municipal sewage sludge previously was disposed in a solid waste landfill facility. The format prescribed by the director establishes the demonstration method. (h) Recyclables collected through a recycling opportunity that are disposed or used within the limits of waste placement at a solid waste landfill facility. (3) A demonstration of either of the following: (a) The solid waste management district achieved a reduction and recycling rate of twenty-five per cent for the residential and commercial sector in the reference year. (b) The solid waste management district will implement new or upgraded programs to reduce or recycle additional solid waste adequate to achieve a reduction and recycling rate of twenty five per cent for the residential and commercial sector by the third anniversary of the date the director approved the solid waste management plan. (4) Details regarding the additional reduction and recycling programs the solid waste management district will implement pursuant to paragraph (F)(3)(b) of this rule and a demonstration that those reduction and recycling programs will be implemented as follows: (a) In accordance with a schedule established in the solid waste management plan. (b) By the third anniversary of the date the director approved the solid waste management plan. (5) A demonstration that the solid waste management district will maintain a minimum reduction and recycling rate of at least twenty-five per cent for the residential and commercial solid waste throughout the entire planning period. (G) The solid waste management plan shall demonstrate that the solid waste management district will provide at a minimum the following outreach and education resources: (1) A website. (2) A comprehensive resource guide that includes a compilation of reduction and recycling opportunities for specific materials. (3) An inventory of the currently available solid waste recycling opportunities and management infrastructure within the solid waste management district. (4) A person who can function as a speaker or presenter when needed. (H) The solid waste management plan shall include an outreach and marketing plan that establishes the solid waste management district's strategy for providing education, outreach, marketing, and technical assistance regarding reduction, recycling, composting, reuse, and other alternative waste management methods. The outreach and marketing plan shall include the following: (1) Strategies to address all the following target audiences within the solid waste management district: (a) Residents, including those in single and multi-family units. (b) Schools. (c) Industries. (d) Institutions and commercial businesses. (e) Communities and elected officials. (2) A demonstration that the solid waste management district will adhere to the following best practices when selecting programs and strategies to address the target audiences specified in paragraph (H)(1) of this rule: (a) Familiarization with the available solid waste management infrastructure within the district. (b) Providing outreach within the context of the solid waste management infrastructure. (c) Developing and implementing an effective outreach strategy that may include but is not limited to the following: (i) Establishing measurable outcomes. (ii) Understanding of the needs of different audiences. (iii) Maintaining a consistent message across all marketing and outreach initiatives. (iv) A focus on changing behavior within the district. (v) An evaluation of the results of the outreach program to determine if the program achieved the desired outcome. (3) An outreach priority and a description of the programs the solid waste management district will provide for all appropriate target audiences to achieve the outreach goal. (I) The solid waste management plan shall include a strategic initiative for the industrial sector consisting of a minimum of three programs the solid waste management district will make available to industrial generators. The programs may include but are not limited to the following: (1) Waste audits and assessments. (2) Assistance with contracting for recycling services. (3) Assistance with identifying grants for developing or improving recycling. (4) Workshops. (5) Assistance with establishing recycling and waste reduction programs. (6) Assistance with improving existing recycling programs. (7) Collaboration through the "Ohio Materials Marketplace." [Comment: The "Ohio Materials Marketplace" is a free online platform allowing businesses and organizations to connect and find reuse and recycling solutions for waste and by-product materials. The Ohio EPA manages the "Ohio Materials Marketplace" with support from the US business council for sustainable development.] (8) Business roundtables. (9) Revolving loan funds. (10) Waste reduction analysis. (11) Extended producer responsibility opportunities. (12) Industrial recycling cooperatives. (13) Collection service. (14) Other programs or activities identified by the solid waste management district or Ohio EPA. (J) The solid waste management plan shall include strategies for managing the following: (1) Scrap tires. (2) Household hazardous wastes. (3) Yard waste. (4) Lead-acid batteries. (5) Electronic devices. (K) The solid waste management plan shall include an evaluation of how economic incentives can be incorporated into the solid waste management district's programs and activities. (L) The solid waste management plan shall include an evaluation of the impact of recycling programs on reducing greenhouse gases. (M) A solid waste management district may include market development strategies for promoting the use of recycled products and developing local markets for recovered materials in the solid waste management plan. A market development strategy is not a mandatory element of a solid waste management plan. (N) A solid waste management district shall submit an annual district report to Ohio EPA on a form prescribed by the director not later than the first day of June each year. Information contained in the report shall be based on the previous calendar year. The report shall evaluate the solid waste management district's implementation of the strategies, programs, and activities listed in the implementation schedule of the solid waste management district's approved solid waste management plan and the progress made toward the waste reduction and recycling requirements established in paragraphs (E) to (M) of this rule. The annual district report shall include the following: (1) A detailed account of the status of the ongoing, new, and proposed facilities, strategies, programs, and activities listed in the implementation schedule of the solid waste management district's approved solid waste management plan. (2) An inventory of the solid waste management methods that are available in the solid waste management district as alternatives to landfilling such as reducing, recycling, and composting and the types and quantities of municipal solid waste, yard waste, and industrial waste managed by these methods during the year. (3) A description of waste reduction and recycling activities that occurred during the year and the amount reduced and recycled. (4) Quantities of waste generated in the solid waste management district that were disposed in out-of-state landfills. (5) Copies of revisions, additions, or rescissions of the solid waste management district's rules adopted under division (G) of section 343.01 of the Revised Code. (6) An inventory of municipalities and townships that levy a host community fee under division (C) of section 3734.57 of the Revised Code and the host community fee collected.
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Rule 3745-27-99 | Requirements for professional engineer certification of plans, specifications, and information.
Effective:
December 1, 2020
(A) Applicability. This rule applies to plans, specifications, or
information submitted to Ohio EPA for review, consideration, or decision as
part of an application for permit to install, license, or registration; any
other request for authorization submitted under Chapter 3734. of the Revised
Code or Chapter 3745-27 of the Administrative Code; or any other submittal
intended to demonstrate compliance with any statute, rule, or
authorization. (B) Certification
requirements: (1) The following plan
drawings shall be prepared and sealed by a licensed professional
engineer: (a) Plan drawings prepared and submitted as part of a permit to
install application pursuant to one or a combination of the
following: (i) Paragraphs (B)(3) to (B)(5) of rule 3745-27-37 of the
Administrative Code, for an infectious waste treatment facility. (ii) Paragraphs (B)(3) to (B)(5) of rule 3745-27-50 of the
Administrative Code, for a solid waste incinerator facility. (iii) Paragraphs (C)(4) to (C)(7) of rule 3745-27-63 of the
Administrative Code, for a class I scrap tire storage facility or class I scrap
tire recovery facility. (iv) Paragraphs (B)(3)(b), (B)(3)(e) to (B)(3)(h), (B)(4),
(B)(5)(b), (B)(6), and (B)(7) of rule 3745-27-70 of the Administrative Code,
for a scrap tire monofill facility. (b) Plan drawings prepared and submitted as part of a plan or
report pursuant to one or a combination of the following: (i) Paragraph (H) of rule 3745-27-72 of the Administrative
Code, for a scrap tire monofill facility construction certification
report. (ii) Paragraphs (B)(4) and (J) of rule 3745-27-73 of the
Administrative Code, for a scrap tire monofill facility closure
certification. (2) The following
narrative plans, specifications, and information shall be prepared and sealed
by a licensed professional engineer: (a) Narrative information prepared and submitted as part of a
permit to install application pursuant to one or a combination of the
following: (i) Paragraph (C)(2) of rule 3745-27-37 of the
Administrative Code, for an infectious waste treatment facility. (ii) Paragraphs (C)(3)(b) and (C)(3)(d) of rule 3745-27-50
of the Administrative Code, for a solid waste incinerator
facility. (iii) Paragraphs (C)(4) to (C)(6) and (C)(8) of rule
3745-27-70 of the Administrative Code, for a scrap tire monofill
facility. (b) Narrative information prepared and submitted as part of a
plan or report pursuant to one or a combination of the following: (i) Paragraph (H) of rule 3745-27-72 of the Administrative
Code, for a scrap tire monofill facility construction certification
report. (ii) Paragraphs (B)(5) to (B)(8), and (J) of rule 3745-27-73
of the Administrative Code, for a scrap tire monofill facility closure plan and
closure certification. (3) The following plans,
specifications, and information may be required to be prepared and sealed by a
licensed professional engineer. Such requirement is dependent upon the scope of
the activities proposed in the plans, specifications, and information and
whether such activities constitute the practice of engineering pursuant to
Chapter 4733. of the Revised Code. Those portions of the following
authorization requests which constitute the practice of engineering are
required to have affixed a professional engineer seal. Those portions which do
not constitute the practice of engineering, such as general discussion,
hydrogeologic analyses, and operational information do not require affixation
of a professional engineer seal. (a) Request for authorization to beneficially use scrap
tires pursuant to rule 3745-27-78 of the Administrative Code. (b) Request for authorization of a ground water corrective
measures plan pursuant to rule 3745-27-10 or 3745-30-08 of the Administrative
Code. (c) Request for variance pursuant to division (A) section
3734.02 of the Revised Code or rule 3745-27-03 of the Administrative
Code. (d) Any other request for authorization, as required by the
director of environmental protection.
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