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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 3745-30 | Industrial or Manufacturing Waste Landfills

 
 
 
Rule
Rule 3745-30-01 | Definitions.
 

If a term used in this chapter is defined in rule 3745-27-01 of the Administrative Code, the definition of the term used in rule 3745-27-01 of the Administrative Code is applicable to this chapter unless the term is defined in this rule. As used in this chapter:

(A) [Reserved.]

(B) [Reserved.]

(C) [Reserved.]

(D) [Reserved.]

(E) [Reserved.]

(F) "Foundry sand" means pure sand or a mixture of sand and any additives necessary for use of the sand in the foundry process, including dusts and sludges from air pollution control equipment exclusively dedicated to sand processing and handling, but not including such foundry process by-products as other air pollution control dusts or sludges, wastewater treatment plant sludge, or refractories.

(G) [Reserved.]

(H) [Reserved.]

(I)

(1) "Industrial or manufacturing waste" or "IMW" is a type of solid waste and means the following:

(a) Wastes generated by fuel burning operations which are regulated by rule 3745-17-10 of the Administrative Code and which burn as fuel primarily coal including air pollution control wastes, water pollution control wastes, and other wastes with similar characteristics that are approved by the director.

(b) Wastes generated from foundry operations including air pollution control dust, water pollution control wastes, unspent foundry sand, spent foundry sand, and other foundry wastes with similar characteristics that are approved by the director.

(c) Wastes generated from pulp and papermaking operations including water pollution control wastes, lime mud, lime grit, sawdust, wood chips, bark, hydropulper rejects, and other pulp and papermaking wastes with similar characteristics that are approved by the director.

(d) Wastes generated from steelmaking operations including air pollution control dust, water pollution control wastes, dust from steel processing and finishing operations, water softening sludge, flux material, and other steelmaking wastes with similar characteristics that are approved by the director.

(e) Wastes generated from gypsum processing plant operations including gypsum wallboard waste, paper surface preparation dust, water pollution control wastes, and other gypsum processing wastes with similar characteristics that are approved by the director.

(f) Wastes generated from lime processing operations including air pollution control dust or sludge and other lime processing wastes with similar characteristics that are approved by the director.

(g) Wastes generated from portland cement operations including air pollution control dust and other processing wastes with similar characteristics that are approved by the director.

(h) Wastes generated by manufacturing or industrial operations, other than those listed in paragraphs (I)(1)(a) to (I)(1)(g) of this rule. These solid wastes do not include solid waste generated by commercial operations including stores, offices, restaurants, and warehouses; agricultural operations; or community operations including residents, hotels, motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas.

(2) "Industrial landfill facility" or "industrial landfill" is a sanitary landfill facility where one or any combination of IMW specified in paragraph (I)(1) of this rule are exclusively disposed. Nontoxic fly ash, nontoxic bottom ash, and nontoxic spent foundry sand may also be disposed at an industrial landfill facility.

[Comment: Prior to the effective date of this rule, industrial solid waste, regulated pursuant to Chapter 3745-29 of the Administrative Code, was disposed in a landfill meeting standards largely equivalent to an industrial landfill.]

(J) [Reserved.]

(K) [Reserved.]

(L) "Licensing authority" means the approved board of health or in the absence of an approved board of health, the director.

(M) [Reserved.]

(N) [Reserved.]

(O) [Reserved.]

(P) [Reserved.]

(Q) [Reserved.]

(R) "Residual landfill facility" or "residual landfill" is a sanitary landfill facility where one or any combination of IMW specified in paragraph (I)(1) of this rule that meets the criteria specified in rule 3745-30-03 of the Administrative Code are exclusively disposed. Nontoxic fly ash, nontoxic bottom ash, and nontoxic spent foundry sand may also be disposed at a residual landfill facility.

[Comment: Prior to the effective date of this rule, this chapter had established four landfill classes for the disposal of residual solid waste. As of the effective date of this rule, all operating residual waste landfills are Class III landfills.]

(S) "Spent" as used in spent foundry sand means any material that has been used and as a result of degradation or contamination can no longer serve the purpose for which it was produced without processing.

Last updated May 28, 2021 at 10:00 AM

Supplemental Information

Authorized By: 3734.02
Amplifies: 3734.02
Five Year Review Date: 5/28/2026
Prior Effective Dates: 1/13/1992
Rule 3745-30-02 | Applicability.
 

(A) This chapter is applicable to a sanitary landfill facility that meets the definition of an industrial landfill facility or a residual landfill facility.

(B) This chapter is applicable to any person who establishes or is the owner or operator of an industrial landfill facility or a residual landfill facility.

(C) In addition to the rules made applicable by reference in this chapter, rule 3745-27-04 of the Administrative Code also applies.

(D) Chapter 3745-501 of the Administrative Code, which pertains to licensing, and Chapter 3745-502 of the Administrative Code which pertains to solid waste fees, are applicable to any person who establishes or operates an industrial landfill facility or a residual landfill facility.

(E) This chapter is not applicable to spent foundry sand, fly ash, and bottom ash that has been determined to be nontoxic by the Ohio environmental protection agency, or to any facility which exclusively disposes of such wastes.

(F) This chapter is not applicable to the beneficial use of coal-combustion waste materials authorized under section 1513.02 of the Revised Code.

(G) This chapter is not applicable to the beneficial use of lime mining wastes authorized under section 1514.081 of the Revised Code.

(H) This chapter is not applicable to the beneficial use of IMW authorized pursuant to Chapter 3745-599 of the Administrative Code.

Last updated May 28, 2021 at 10:01 AM

Supplemental Information

Authorized By: 3734.02
Amplifies: 3734.02
Five Year Review Date: 5/28/2026
Prior Effective Dates: 8/15/2003
Rule 3745-30-03 | Residual waste characterization.
 

(A) To determine and confirm whether it is appropriate to dispose a particular IMW waste stream in a residual landfill, the owner or operator shall sample the IMW in accordance with paragraph (C) of this rule. An extract from the IMW shall be obtained and tested in accordance with paragraphs (D) and (E) of this rule for the following parameters:

(1) For IMW generated by fuel burning operations as specified in paragraph (I)(1)(a) of rule 3745-30-01 of the Administrative Code, parameter numbers one through eight, ten through fifteen, and forty of appendix B to this rule.

(2) For IMW generated by foundry operations as specified in paragraph (I)(1)(b) of rule 3745-30-01 of the Administrative Code, parameter numbers one through eighteen, twenty-two through twenty-four, thirty-two, thirty-five, thirty-six, and forty of appendix B to this rule.

(3) For IMW generated by pulp and papermaking operations as specified in paragraph (I)(1)(c) of rule 3745-30-01 of the Administrative Code, parameter numbers one through forty of appendix B to this rule.

(4) For IMW generated by steelmaking operations as specified in paragraph (I)(1)(d) of rule 3745-30-01 of the Administrative Code, parameter numbers one through seventeen and forty of appendix B to this rule.

(5) For IMW generated from gypsum processing plant operations as specified in paragraph (I)(1)(e) of rule 3745-30-01 of the Administrative Code, parameter numbers one through seventeen and forty of appendix B to this rule.

(6) For IMW generated from lime processing operations as specified in paragraph (I)(1)(f) of rule 3745-30-01 of the Administrative Code, parameter numbers one through six, eight, ten through fifteen, and forty of appendix B to this rule.

(7) For IMW generated from portland cement operations as specified in paragraph (I)(1)(g) of rule 3745-30-01 of the Administrative Code, parameter numbers one through seventeen and forty of appendix B to this rule.

(8) For IMW specified in paragraph (I)(1)(h) of rule 3745-30-01 of the Administrative Code, applicable parameters approved by the director based on process or material knowledge or previously acquired waste characterization.

(B) As an alternative to a parameter list prescribed in paragraph (A) of this rule, the owner or operator may use another parameter list to characterize the IMW in accordance with the following:

(1) Parameters may be added or removed from the parameters listed in paragraph (A) of this rule if authorized by Ohio EPA.

(2) Ohio EPA may require the addition of a parameter to the parameter list prescribed in paragraph (A) of this rule based on process or material knowledge or previously acquired waste characterization data.

(3) If a parameter is added to the list prescribed in paragraph (A) of this rule, the maximum allowable concentration shall be set as thirty times the maximum contaminant level established in Chapters 3745-81 and 3745-82 of the Administrative Code. If a maximum contaminant level does not exist for that parameter, the maximum allowable concentration shall be set as thirty times the United States environmental protection agency regional screening level for resident tap water with a target hazard quotient of 1.0.

(4) A compound may be removed from the parameter list prescribed in paragraph (A) of this rule when performing the waste characterization required by paragraph (G) of this rule if the waste characterization conducted in accordance with paragraphs (C) to (F) of this rule demonstrates that the parameter is either not present in the waste or present at such low concentrations that the applicable maximum allowable concentration for the proposed residual landfill will not be exceeded.

(C) All samples of IMW shall be composite samples of that waste as described in "Guidance on Choosing a Sampling Design for Environmental Data Collection" (EPA/240/R-02/005) and the owner or operator shall employ all reasonable measures, such as sampling different sources of the IMW at different times or conducting random sampling of a representative pile of the residual waste generated by the same production processes using the same raw materials at different times, to ensure that representative composite samples are obtained.

(1) At the discretion of the applicant, owner, or operator, wastes may be mixed or treated prior to collecting composite samples as long as one of the following criteria are met:

(a) The individual wastes are mixed prior to discharge in the normal production process of the generator or the individual wastes are generated by substantially similar industrial processes and raw materials.

(b) The mixing of individual wastes results in a waste in which leaching characteristics are reduced relative to one or more of the individual wastes due to attenuation factors other than dilution, such as precipitation, adsorption, or ion exchange and the applicant, owner, or operator demonstrates the following to Ohio EPA:

(i) That a reduction in leaching characteristics occurs in one or more parameters due to such a factor. At a minimum, the demonstration shall be submitted to Ohio EPA for approval and it shall include the following:

(a) The concentration, determined in accordance with the waste characterization specified in paragraph (E) of this rule, of each parameter that undergoes a reduction in concentration due to such a factor and of each parameter with a concentration greater than fifty per cent of the maximum concentration for the proposed landfill class, for the following:

(i) Each individual waste in the mixture.

(ii) The resultant mixture.

(b) A listing and the ratio, by weight and volume, of the individual wastes that comprise the mixture.

(c) Calculations using the concentration and weight data required by paragraphs (C)(1)(b)(i)(a), (C)(1)(b)(i)(b), and (C)(1)(c) of this rule, which demonstrate quantitatively that the reduction in leaching characteristics is not due solely to dilution.

(d) An identification and explanation of the chemical reactions, including chemical equations, which causes the attenuation.

(ii) The individual wastes are mixed in the same ratios and in the same manner in which they will be mixed prior to disposal during the normal operation of the residual landfill.

(c) IMW may be treated by aeration to reduce the concentration of phenol prior to the waste characterization performed in accordance with paragraph (D) of this rule provided that an aeration process is performed in the same manner and for the same duration on all similar IMW prior to disposal in the residual landfill.

(2) If the director determines that mixing of individual wastes when co-disposed in the residual landfill facility may result in increased concentrations of parameters, wastes shall be mixed prior to collecting composite samples.

(D) To obtain extracts for the purpose of characterizing IMW proposed for disposal in a residual landfill, the applicant, owner, or operator shall use the specifications of the United States environmental protection agency's "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" (SW-846), method 1311, method 1312, method 1313, method 1314, or method 1315. The acid and water solutions may each be used for specific parameters as appropriate to utilize characterization knowledge from other testing, such as hazardous waste determination. The solution chosen for a parameter in the initial characterization of IMW shall be used for that parameter in all subsequent characterizations of that waste. Laboratory analytical methods for determining the concentration of the parameters required by paragraph (A) of this rule in an extract shall be in accordance with the following:

(1) Methods specified in United States environmental protection agency's "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" (SW-846) for the analysis of organic and inorganic parameters.

(2) ASTM D5907 or SM 2540C for the analysis of total dissolved solids.

(E) The concentration of all parameters required to be analyzed by paragraph (A) of this rule shall be determined using a minimum number of seven samples. Based on a high degree of variability in the concentration of a parameter at or near the maximum allowable concentration for disposal in a residual landfill, the sampler, applicant, owner or operator, or Ohio EPA may determine that additional samples are necessary to characterize the IMW. The maximum allowable concentration is established in appendix B to this rule and, if appropriate, by paragraph (B) of this rule. The waste classification shall be performed to determine either of the following:

(1) The concentrations of all parameters required for analysis by paragraph (A) of this rule are less than seventy per cent of the maximum allowable concentrations for disposal in a residual landfill.

(2) The upper limit of the eighty per cent confidence interval of the mean of the concentration of each parameter required for analysis by paragraph (A) of this rule is below the maximum allowable concentration for disposal in a residual landfill. The statistical procedure for determining the eighty per cent confidence intervals shall be in accordance with appendix A to this rule or with an alternative statistical procedure deemed acceptable by Ohio EPA.

(F) Leachate from previously disposed IMW that is representative of long-term field leachate of the IMW proposed for future disposal may be substituted for the extract specified in paragraph (D) of this rule upon written concurrence from Ohio EPA. Ohio EPA may allow alternative statistical procedures to those specified in paragraph (E) of this rule when leachate is used.

(G) Upon the effective date of a permit to install for a residual landfill, the owner or operator shall characterize each waste in accordance with the following:

(1) Not later than twelve months after the effective date of the permit, establish a confirmation sampling date by collecting one sample of each waste and characterizing it in accordance with paragraphs (A) to (D) of this rule. Based on a concentration of a parameter that exceeds limit determined by paragraph (E)(1) or (E)(2) of this rule, the sampler, applicant, owner or operator, or Ohio EPA may determine that additional samples are necessary to characterize the IMW.

(2) Annually, not later than forty-five days after the confirmation sampling date established in accordance with paragraph (G)(1) of this rule, or according to a more frequent schedule authorized by Ohio EPA based on variability noted in previous sampling events or other factors affecting the predictability of waste characteristics, collect one or more samples of each waste and characterize it in accordance with paragraphs (A) to (D) of this rule.

(3) Submit all characterization data to Ohio EPA not later than seventy-five days after sampling and include a general process flow diagram that displays the processes, points of generation, and types of wastes generated.

(4) If a test result indicates that the maximum allowable concentration for disposal in the residual landfill is exceeded, submit two test results from additional samples not later than seventy-five days after receipt of the test results. Testing may be limited to the parameter in exceedance and any parameters with a concentration greater than fifty per cent of the maximum allowable concentration. Test results from two samples are needed to reject the original exceedance. If the original exceedance is not rejected, the owner or operator shall cease disposal of the waste in the residual landfill facility. The owner or operator may submit to Ohio EPA a new waste characterization in accordance with paragraphs (A) to (E) of this rule or submit a permit to install application for modification to future phases of the residual landfill to comply with the liner system prescribed in rule 3745-30-07 of the Administrative Code due to a change in the type of waste received. If the owner or operator submits a new waste characterization, the director shall evaluate the characterization for the applicable maximum allowable concentration for disposal in a residual waste landfill and may require that the owner or operator submit a permit to install application to modify the landfill to comply with the liner system prescribed in rule 3745-30-07 of the Administrative Code. The director shall not apply the siting criteria specified in rule 3745-30-06 of the Administrative Code to such a permit to install application, but may require additional environmentally protective measures.

(5) Whenever the production process or raw materials used in the production process change significantly or new wastes are proposed for disposal in the residual landfill, characterize the waste in accordance with paragraphs (A) to (E) of this rule. For the purposes of this rule, a significant change means that the change would be reasonably expected to cause the IMW to fail to meet the criteria for disposal in a residual landfill, as established in rule 3745-30-03 of the Administrative Code.

[Comment: The confirmation sampling date established pursuant to paragraph (G)(1) of this rule is the same date to be applied to a new waste proposed for disposal.]

(H) All characterization data shall be submitted to Ohio EPA and be accompanied by a completed chain of custody documentation. The chain of custody documentation shall be a field tracking report form to record sample custody in the field prior to and during shipment.

(I) Incorporation by reference. The text of the incorporated materials is not included in this rule and are hereby made a part of this rule. 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. The materials incorporated by reference are available as follows:

(1) American public health association, American water works association, and water environment federation SM 2540C "Total Dissolved Solids Dried at 180C," "Standard Methods for the Examination of Water and Wastewater"; 23rd edition, 2017. The full text of this document is available in electronic format at http://www.standardmethods.org/.

(2) United States environmental protection agency, "Guidance on Choosing a Sampling Design for Environmental Data Collection EPA/240/R-02/005," published in December 2002. The full text is available at http://www.epa.gov/nscep or by writing to U.S. environmental protection agency/national service center for environmental publications, P. O. Box 42419, Cincinnati, OH 45242-0419.

(3) United States environmental protection agency, "Regional Screening Levels," May 2020. The full text is available in electronic format at: https://www.epa.gov/risk/regional-screening-levels-rsls-generic-tables- may-2016.

View Appendix

Last updated June 23, 2021 at 9:39 AM

Supplemental Information

Authorized By: 3734.02
Amplifies: 3734.02
Five Year Review Date: 5/28/2026
Prior Effective Dates: 11/30/2002
Rule 3745-30-05 | Residual waste landfill facility permit to install application.
 

(A) A permit to install application as required by section 3734.05 of the Revised Code shall be submitted and approved by the director before the establishment or modification of the industrial landfill or residual 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 the information specified in paragraphs (B) and (C) of this rule, so that the director can determine if the criteria set forth in rules 3745-27-02 and 3745-30-06 of the Administrative Code are satisfied. If Ohio EPA determines that information in addition to that required by paragraphs (B) and (C) of this rule is necessary to determine whether the criteria set forth in rules 3745-27-02 and 3745-30-06 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 industrial landfill or residual landfill facility, to modify an industrial landfill or a residual landfill facility for a lateral expansion, 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 the information required in 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 an industrial landfill or a residual landfill facility for a vertical expansion to the upper limits of waste placement shall contain the following:

(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 any proposed explosive gas control system, if necessary, specified in paragraph (B)(3)(e) 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)(4) of this rule.

(vi) Geotechnical analysis for bearing capacity, static stability, seismic stability, settlement and seepage piping failure specified in paragraphs (C)(5)(a) to (C)(5)(e) of this rule.

(vii) Calculations, as necessary, specified in paragraph (C)(6) of this rule.

(viii) The final closure/post-closure care plan specified in paragraph (C)(8)(c) of this rule.

(ix) The letters, description, and list of permits specified in paragraphs (C)(9)(a) to (C)(9)(c) of this rule.

(c) A permit to install application to modify an industrial landfill or a residual landfill facility for a vertical expansion to the lower limits of 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), and (C)(4), of this rule.

(iv) Geotechnical analysis for hydrostatic uplift, bearing capacity, static stability, seismic stability, settlement, and piping failure specified in paragraphs (C)(5)(a) to (C)(5)(f) of this rule.

(v) Calculations, as necessary, specified in paragraph (C)(6) of this rule.

(vi) The explosive gas monitoring plan, as necessary, specified in paragraph (C)(8)(b) of this rule.

(vii) The letters, description, and list of permits specified in paragraphs (C)(9)(a) to (C)(9)(c) of this rule.

(d) A permit to install application to modify an industrial landfill or a residual landfill facility for a change to the information specified in paragraph (C)(3) of this rule shall discuss the change pursuant to paragraph (C)(3) 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)(6)(a) of this rule.

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

(2) The permit to install application shall contain detail engineering plans, specifications, and information that shall follow the format specified in paragraphs (B) and (C) of this rule such that the director can determine if the criteria set forth in rule 3745-30-06 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 industrial landfill or residual landfill facility or written or oral surveys of the landowners around the proposed industrial landfill or residual 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 licensing authority. 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 notarized statement that, to the best of the knowledge of the applicant, the detail engineering plans, specifications, and information in the permit application are true and accurate.

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

(a) For a new industrial landfill or residual landfill facility, submit a disclosure statement to the office of the attorney general as required by 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 establish or modify an industrial landfill or a residual landfill facility and a written request for information pertaining to any regulatory requirements under Chapters 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 3745-30-06 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 licensing authority, 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, 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 an industrial landfill or residual 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 industrial landfill or residual landfill facility.

(b) The precise geographic location and boundaries of the industrial landfill or residual landfill facility and the area within a five-mile radius shown on a road map with a scale of one inch equals no greater than one mile.

(c) The name and address of the applicant and the industrial landfill or residual landfill facility operator.

(d) The name and address of the owner of the land to be used for the industrial landfill or residual landfill facility.

(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 IMW 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 of the limits of IMW placement. An individual plan drawing may contain information specified in more than one individual subheading. The plan drawings shall contain the following:

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

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

(ii) The limits of IMW placement, leachate storage structures, and any leachate lift stations.

(iii) Occupied structures.

(iv) Existing topography showing streams, swamps, 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) 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, waterlines, electric 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. This requirement applies only to facilities that are required to have an explosive gas monitoring system by paragraph (C)(8) of this rule.

(iii) The limits of regulatory floodplains.

(iv) National park of 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 IMW placement. A scale insert may be used.

(vii) The limits of all 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 IMW 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," 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 IMW 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 facility.

(g) The location of monocells or monofills.

[Comment: Secondary aluminum waste is only authorized for disposal at a sanitary landfill facility in a monofill or monocell. The applicant may opt to segregate other waste streams.]

(4) Plan drawings for the entire industrial landfill or residual 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 3745-30-06 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 any 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 an industrial landfill or a residual landfill facility was not required to survey the limits of existing waste or 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 demonstrated to Ohio EPA.

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

(f) The horizontal limits and top and bottom elevations of the 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 of the industrial landfill or residual 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, if any.

(v) The horizontal limits, bottom elevations, and potential surface water inlet elevations 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. This requirement applies only to facilities that are required to have an explosive gas monitoring system by paragraph (C)(8) of this rule.

(c) The length and width of the industrial landfill or residual 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 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 industrial landfill or residual landfill facility. Each 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) Extent of waste placement for that phase.

(c) The contours of any previously filled phases.

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

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

(f) 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 if applicable, geosynthetic liner if applicable, liner cushion layer, leachate collection layer, and filter layer if required; any engineered components that are constructed through the liner system; and the interface between phases.

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

(c) Relationship of the cap system to the leachate collection and management system and to the 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, if required.

(iv) Any sumps.

(v) Any conveyance apparatus, including leachate lift stations.

(vi) Any 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, if any.

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

(i) Monocell or monofill separatory structures, if applicable.

(j) Sedimentation pond and discharge structures, if any, and surface water run-on and runoff control structures.

(k) If a residual landfill is proposed, a general process flow diagram which displays the processes, points of waste generation, and types of wastes generated.

(l) Other necessary details including but not limited to structural fill for berms and subbase, and the gas collection layer.

(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)(9) of this rule.

(1) Summary. Summary of the waste characterization and proposed landfill classification, the facility environs and a demonstration that the industrial landfill or residual landfill facility will meet the criteria for permit approval as specified in rules 3745-27-02 and 3745-30-06 of the Administrative Code. The demonstration shall include a discussion of the current and previous owner'sand current or previous operator's compliance with any authorizing document applicable to the facility, the facility's limits of waste placement, and operational criteria.

(2) Variance and exemption requests. Any variance or exemption requests from the requirements contained in rule 3745-27-12, 3745-27-15, 3745-27-16, or 3745-30-03 to 3745-30-14 of the Administrative Code.

(3) Waste information. Include the following:

(a) The type of waste to be received, including but limited to IMW, asbestos or asbestos containing waste that is subject to the provisions of NESHAP, 40 CFR part 61, subpart M, nontoxic fly ash, nontoxic bottom ash, nontoxic spent foundry sand, or construction and demolition debris. If a residual landfill is proposed, a waste characterization report pursuant to rule 3745-30-03 of the Administrative Code, which shall at a minimum include the following:

(i) The approximate percentage of each type of waste to be disposed by weight and volume.

(ii) The name, location, and contact person of each generator of waste to be disposed at the landfill.

(iii) The waste sampling plan used to ensure that accurate and representative sampling of the waste, in accordance with paragraph (E) of rule 3745-30-03 of the Administrative Code, occurs prior to testing.

(iv) A description of any mixing to be proposed for purposes described in either paragraph (C)(1)(b) of rule 3745-30-03 of the Administrative Code or paragraph (E)(7)(i) of rule 3745-30-14 of the Administrative Code, and if for the former paragraph, any available information specified by that paragraph.

(v) Any methods used to stabilize the waste for compliance with paragraph (E)(7)(h) of rule 3745-30-14 of the Administrative Code.

(vi) For acceptance of IMW specified in paragraph (I)(1)(h) of rule 3745-30-01 of the Administrative Code, the selected parameters with a justification for the selection.

(vii) All laboratory results and supporting quality assurance/quality control documentation that fully characterizes each waste as specified in rule 3745-30-03 of the Administrative Code.

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

(c) The authorized maximum daily waste receipt requested for the industrial landfill or residual landfill facility. This requirement is not applicable to an industrial landfill or residual landfill facility owned by a generator that exclusively disposes of wastes generated at one or more premises owned by the generator.

(4) 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 IMW 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 facility and to ensure that it will be in compliance with the requirements of rules 3745-30-06 and 3745-30-08 of the Administrative Code.

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

(b) A description, based on publicly available information, of the regional geology and hydrogeology within one mile of the proposed industrial landfill or residual 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)(5) 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, within one mile of the limits of waste placement, 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, flood plains, etc. and a description of any topographic features that may influence the ground water flow system.

(c) The following documents:

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

(ii) Documentation of who owns the mineral rights below the industrial landfill or residual 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 division of mineral resources management 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 required by 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 industrial landfill or residual landfill facility. This description shall be based on data collected using appropriate subsurface investigatory methods such as borings, monitoring wells, tensiometers, piezometers, 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 required by paragraph (C)(5) 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 industrial landfill or residual landfill facility including surface water bodies or topographic features that could influence the ground water flow or quality in the uppermost aquifer system or any overlying zones of saturation.

(iii) Any local structural geologic features under the proposed industrial landfill or residual landfill facility that could influence the ground water flow or quality in the uppermost aquifer system or any overlying 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 industrial landfill or residual 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)(4)(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. This shall include a description and the source of any ground water contamination located under the facility.

(f) Subsurface investigation information used to prepare the site investigation report narrative required in paragraphs (C)(4)(b), (C)(4)(d), and (C)(4)(e) of this rule and the geotechnical analyses required in paragraph (C)(5) of this rule. The submitted information shall be adequate to satisfy the performance standards of paragraphs (C)(4)(a) and (C)(5) 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 address geotechnical and design issues.]

(i) Publicly available information collected and used to prepare the site investigation report narrative required in paragraph (C)(4)(b) of this rule and the plan sheets required in 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 industrial landfill or residual 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 liner system, whichever is shallower. The information shall be used to prepare the site investigation report narrative required in paragraph (C)(4)(d) of this rule. The information shall be presented on logs appropriate for the subsurface investigatory method used and at a minimum include the following:

[Comment: The subsurface investigation conducted to provide the information required by this paragraph may be combined with the subsurface investigation conducted to provide the information required by paragraph (C)(4)(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 shall provide adequate site-specific information on the suspected aquifer system to justify any requested revision including but not limited to the yield of any aquifer systems below the uppermost aquifer system.

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

(a) The top-of-casing elevation used for water level measurement reference surveyed to the nearest hundredth of a 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 listed in appendix C to rule 3745-30-08 of the Administrative Code.

(v) Information collected at the site and used to prepare the geotechnical analysis required in paragraph (C)(5) 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 that 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)(5)(h) of this rule or if field data gathered pursuant to paragraph (C)(4)(d)(i) of this rule indicate that deeper susceptible units exist.]

[Comment: The subsurface investigation conducted to provide the information required by this paragraph may be combined with the subsurface investigation conducted to provide the information required by paragraph (C)(4)(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 unit 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 required in paragraph (C)(5) 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 the unconsolidated stratigraphic units susceptible to seepage piping failure tested in accordance with ASTM D4647. Units susceptible to seepage piping failure are those units below the piezometric surface of an aquifer or a zone of significant saturation and within fifteen feet below the proposed 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 industrial landfill or residual 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) For an industrial landfill facility, 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 and receipt at the laboratory.

(ii) Sample labels indicating a unique sample number, date, time, sample type, analytical methods, 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.

(5) Geotechnical analysis. The following analyses establishing the stability of the industrial landfill or residual landfill facility and the subsurface shall provide sufficient information to allow Ohio EPA to characterize the facility geology to allow for the evaluation of the proposed design of the industrial landfill or residual 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)(4) 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 greatest temporal high phreatic or piezometric surface 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)(4) 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)(4) 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 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 demonstrating that the design meets the specifications in paragraph (C)(1) of rule 3745-30-07 of the Administrative Code and shall include the following:

(i) The scope, extent, and findings of the subsurface investigation conducted in accordance with paragraph (C)(4) 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 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 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) 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 liner system, if any, shall include the following:

(i) The scope, extent, and findings of the subsurface investigation conducted in accordance with paragraph (C)(4) 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 analysis 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 analysis shall include the following for the relevant layer:

(i) The scope, extent, and findings of the subsurface investigation conducted in accordance with paragraph (C)(4) 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 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.

(g) If a separatory liner is used and is designed with a slope other than that specified by rule 3745-30-07 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 waste placement:

(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.

(i) If the industrial landfill or residual landfill facility is located in an unstable area, the applicant shall provide an analysis that the integrity of the structural components will be maintained. The analysis shall be based on the publicly available information and findings of the subsurface investigation conducted in accordance with paragraph (C)(4) of this rule.

(6) 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 3745-30-07 of the Administrative Code:

(a) Calculations showing gross volume of the industrial landfill or residual landfill facility in cubic yards and the anticipated life in years.

(b) Calculations for mass per unit area for the cushion layer necessary to protect the flexible membrane liner from puncture and excessive strain due to the force exerted on the granular drainage layers by the weight of the waste mass.

(c) Calculations for the leachate head and flow.

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

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

(f) Pump size and pipe size calculations based on paragraphs (C)(6)(c) and (C)(6)(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 an industrial landfill or residual landfill facility in accordance with rule 3745-27-15 of the Administrative Code.

(ii) A third-party conducting the final closure activities, assuming payment to its 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 industrial landfill or residual landfill facility in accordance with rule 3745-27-16 of the Administrative Code.

(ii) 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) Calculations for sizing the sedimentation basin, if any.

(m) Other relevant calculations.

(7) Construction information. A discussion of the following construction information:

(a) Installation of the items specified in rule 3745-30-08 of the Administrative Code.

(b) For each of the items specified in rule 3745-30-07 of the Administrative Code, a table of material and construction test parameters, test method, test frequency, and acceptance criteria.

(c) Demonstration of physical and chemical resistance as required in paragraphs (D) to (F) of rule 3745-30-07 of the Administrative Code.

(d) Compaction equipment slope limitations.

(8) Plans. The following plans:

(a) Ground water monitoring program for detection monitoring in accordance with rule 3745-30-08 of the Administrative Code.

(b) The explosive gas monitoring plan as detailed in rule 3745-27-12 of the Administrative Code, if the facility disposes of IMW that is putrescible or as identified in paragraph (I)(1)(c) of rule 3745-30-01 of the Administrative Code and is not owned by a generator who disposes exclusively of IMW generated on one or more premises owned by the generator.

(c) The "final closure/post closure care plan" as detailed in paragraph (A) of rule 3745-30-09 of the Administrative Code.

(9) Notifications and certifications. The application for a new industrial landfill or residual waste landfill facility or the expansion of an existing industrial landfill or residual landfill facility shall include the following:

(a) Copies of mail receipts and copies of the letters of intent to establish or modify an industrial landfill or a residual landfill, which include a description of property and facility boundaries, sent via certified mail or any other form of mail accompanied by a receipt to the following entities:

(i) The governments of the general purpose political subdivisions where the industrial landfill or residual landfill facility is located including but not limited to 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 industrial landfill or residual landfill facility.

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

(v) The airport administrator and the federal aviation administration, if the IMW proposed for disposal may serve as food for birds and if the placement of IMW has occurred or will occur within ten thousand feet of any airport runway used by turbojet aircraft or within five thousand feet of any airport runway used by only piston-type aircraft.

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

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

(b) If the facility exclusively disposes of IMW generated by the owner of the facility, a description of efforts at the original source of generation to prevent or reduce the generation of the IMW, and efforts to recycle or reuse the IMW in a manner other than disposal.

[Comment: The applicant can contact the office of pollution prevention at Ohio EPA for information on source reduction and recycling. The applicant can contact waste exchanges to find a user for the IMW.]

(c) 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.

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

Last updated May 28, 2021 at 10:01 AM

Supplemental Information

Authorized By: 3734.02, 3734.12
Amplifies: 3734.02, 3734.12
Five Year Review Date: 5/28/2026
Prior Effective Dates: 1/1/1992, 7/1/2004
Rule 3745-30-06 | Additional criteria for approval of residual solid waste landfill facility permit to install applications.
 

(A) General criteria. The director shall not approve a permit to install application for an industrial landfill or a residual landfill facility unless the director determines the following:

(1) Establishment or modification and operation of the industrial landfill or residual landfill facility will not violate Chapter 3704., 3734., or 6111. of the Revised Code.

(2) The industrial landfill or residual 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 or 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 the licensing authority 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.

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

(1) The impact the establishment or modification of the industrial landfill or residual landfill facility may have on corrective actions 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 industrial landfill or residual 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 3745-30-07 of the Administrative Code as follows:

(1) New industrial landfill or residual landfill facilities and lateral expansion areas shall comply with paragraphs (B) to (E) of rule 3745-30-07 of the Administrative Code.

(2) At a minimum, a vertical expansion over the industrial landfill or residual landfill facility shall comply with paragraphs (D)(4) to (D)(7), as applicable to the cap system, and paragraphs (D)(9) to (D)(20) of rule 3745-30-07 of the Administrative Code. A vertical expansion below the industrial landfill or residual landfill facility shall comply with paragraphs (B) to (E) of rule 3745-30-07 of the Administrative Code. 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 designed in accordance with rule 3745-30-07 of the Administrative Code.

(b) An authorized fill area that is underlain by a liner system and leachate collection system meeting the requirements established in rule 3745-30-07 of the Administrative Code.

(3) 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 3745-30-07 of the Administrative Code.

(4) 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 3745-30-07 of the Administrative Code.

(5) Other modifications of the industrial landfill or residual landfill facility, as that term is defined in rule 3745-27-02 of the Administrative Code, shall comply with the relevant paragraphs of rule 3745-30-07 of the Administrative Code.

(D) [Reserved.]

(E) Additional criteria for authorized maximum daily waste receipt applications. The director shall not approve a permit to install application for a permanent change in the authorized maximum daily waste receipt for the industrial landfill or residual landfill facility whose annual license fee is established pursuant to division (A)(1) of section 3734.06 of the Revised Code, unless the owner or operator demonstrates that the industrial landfill or residual landfill facility can operate in compliance with all applicable solid waste regulations while receiving the requested maximum daily waste receipt. At a minimum, the demonstration for the industrial landfill or residual landfill facility shall include the following:

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

(2) Operational criteria such as the industrial landfill or residual 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 industrial landfill or residual landfill facility and the daily logs for any period that the industrial landfill or residual landfill facility was out of compliance.

[Comment: An application for a temporary increase in the authorized daily waste receipt must satisfy the criteria specified in rule 3745-501-75 of the Administrative Code.]

(F) [Reserved.]

(G) Applicability of siting criteria. For the purposes of this rule, an "authorized fill area" is an area within the limits of waste placement of the industrial landfill or residual landfill facility that is authorized by a permit to install, plan approval, operational report, or other authorizing document to accept IMW as of the date of submittal of the permit to install application for a lateral or vertical expansion. A permit to install application for an industrial landfill or residual landfill facility shall not be approved unless the director determines that the application meets the criteria specified in paragraph (H) of this rule, 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 industrial landfill or residual 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 maximum daily waste receipt limit for the industrial landfill or residual 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 industrial landfill or residual landfill facility that does not incorporate a capacity increase or otherwise extend the vertical or horizontal limits of waste placement or incorporate a subsurface leachate storage structure or leachate lift station need not comply with the criteria specified in paragraph (H) of this rule.

(4) Vertical expansion. For the purposes of this rule, a vertical expansion includes the proposed vertical expansion and all waste within the vertical projection above or below the proposed vertical expansion. When evaluating a proposed vertical expansion, the director shall apply the following criteria:

(a) The criteria specified in paragraph (H) of this rule 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:

(i) Paragraph (H)(1) of this rule.

(ii) Paragraph (H)(2) of this rule.

[Comment: See diagram 1 in appendix A 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 landfill or lateral expansion. A proposed new landfill or lateral expansion of an existing landfill shall meet the criteria specified in paragraph (H) of this rule. The director may approve the application for one or more noncontiguous areas proposed in the application which meet the criteria specified in paragraph (H) of this rule, even if other proposed areas do not meet the criteria specified in paragraph (H) of this rule.

(6) Authorized fill area contiguous or noncontiguous to a proposed lateral expansion.

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

[Comment: For a permit to install application proposing a lateral expansion of the facility that is not contiguous to the current authorized fill area, all siting criteria would apply to the lateral expansion and no siting criteria would apply to the authorized fill area. See diagram 2 in appendix A to this rule.]

(b) Contiguous authorized fill area. When evaluating 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 with the new unit.

(c) Contiguous lateral expansion, authorized fill area, and vertical expansion. For a permit to install application that includes a proposed contiguous lateral expansion 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 lateral expansion component of the permit to install application and the authorized fill area, paragraph (G)(6)(b) of this rule.

[Comment: See diagram 3 in appendix A 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. The director will consider a permit to install application for an industrial landfill or residual landfill facility in accordance with paragraph (G) of this rule as follows:

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

(a) The limits of solid waste placement 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 prior to the issuance date of the permit to install 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.

[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 is not applicable to an industrial or residual 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 an industrial landfill or residual 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 industrial landfill or residual landfill facility.

(b) Limestone or sandstone quarry. The limits of waste placement of an industrial landfill or residual 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 excavations of limestone resulting from the construction of the industrial landfill or residual landfill facility.

(c) Sole source aquifer. The limits of solid waste placement of the industrial landfill or residual landfill facility and any subsurface leachate storage structure 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 industrial landfill or residual 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 IMW placement or any subsurface leachate storage structure or leachate lift station.

(e) Isolation distance. The isolation distance between the uppermost aquifer system and the basal elevation of any liner system and the basal elevation of any subsurface leachate storage structure shall conform to the following:

(i) For a residual landfill, be less than five feet, without accounting for compression or consolidation, of in-situ geologic material, or added geologic material constructed in accordance with rule 3745-30-07 of the Administrative Code.

(ii) For an industrial landfill, be less than fifteen feet, without accounting for compression or consolidation, of in-situ geologic material or added geologic material constructed in accordance with rule 3745-30-07 of the Administrative Code.

(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 an industrial landfill or residual landfill facility and any in-ground leachate storage structures 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 industrial or residual landfill facility and any above-ground leachate storage structure are not located within an area of potential subsidence due to an underground mine. The area of potential subsidence due to an underground mine is the area defined by the angle of draw, to be no less than fifteen degrees, extending from the underground mine to where the angle of draw intercepts the ground surface.

[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 and any subsurface leachate storage structure 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 is not applicable if one or more of the following conditions are met:

(i) The water supply well or developed spring is controlled by the applicant 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 an approved permit or as a source of nonpotable water used in a manufacturing process.

(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 IMW placement 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 bottom liner system or an active gas management system is an acceptable means to minimize the potential for gas migration.]

(iii) The water supply well or developed spring is separated from the limits of IMW placement 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 are not located within 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.

[Comments: 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 and any leachate pond are not located within three hundred feet of the industrial landfill or residual landfill facility's property line.

(c) One thousand feet from domicile. For an industrial landfill or a residual landfill facility that dispose of IMW as identified in paragraph (I)(1)(c) of rule 3745-30-01 of the Administrative Code but which are not owned by a generator who disposes exclusively of IMW generated on one or more premises owned by the generator, the limits of solid waste placement are not located within one thousand feet of a domicile, whose owner has not consented in writing to the location of the industrial landfill or residual 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 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.

(5) The limits of solid waste placement and the leachate management system of the industrial landfill or residual landfill facility are not located in a flood plain.

[Comment: Pursuant to division (A) or (G) of section 3734.02 of the Revised Code or rule 3745-30-15 of the Administrative Code, an applicant may request an exemption or variance from any of the siting criteria contained in this rule. However, pursuant to division (M) of section 3734.02 of the Revised Code, the director shall not issue a permit, variance, or exemption that authorizes a new industrial landfill or residual landfill facility, or an expansion of an existing industrial landfill or residual landfill facility, within the boundaries of the areas indicated in paragraph (H)(1) of this rule.]

View Appendix

Last updated June 23, 2021 at 9:40 AM

Supplemental Information

Authorized By: 3734.02, 3734.12
Amplifies: 3734.02, 3734.12
Five Year Review Date: 5/28/2026
Prior Effective Dates: 7/1/2004
Rule 3745-30-07 | Industrial landfill and residual landfill facility construction.
 

This rule identifies the engineered components of an industrial landfill or residual landfill facility, design specifications, and construction and reporting requirements.

(A) The owner or operator shall contact the licensing authority and Ohio EPA prior to commencing construction of each phase of the industrial landfill or residual landfill facility for the purpose of inspection.

(B) The owner or operator shall submit a certification report, signed and sealed by a professional engineer registered in Ohio, to Ohio EPA and the licensing authority upon completion of any of the construction activities conducted pursuant to paragraph (D) of this rule in each phase of the industrial landfill or residual landfill facility. The certification report shall include the following:

(1) A narrative section that identifies the engineered component that was 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 component that was 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.

(c) A list of any other changes made by the owner or operator that do not require Ohio EPA concurrence but which affect construction or the record drawings.

(3) Results of all testing required by this rule or by the approved permit to install.

[Comment: See also rule 3745-30-14 of the Administrative Code. 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 are required to be investigated and assessed. An area with a verified failure requires reconstruction to meet specifications. Reconstructed areas are required to be reconstructed and to be retested at a frequency acceptable to Ohio EPA.]

(4) Results of all surveys required by this rule 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 3745-30-05 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. Results shall be reported as follows:

(a) For the purpose of confirming the constructed elevations of the liner system and its distance to the uppermost aquifer system, the bottom of the liner system 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 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. For a residual landfill facility using the geosynthetic clay liner option, the elevations of the top of the subbase shall be included.

(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 IMW, the top elevations of the cap system, surface water control structures including ditches to control run on and run off, 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) If the certification report is submitted for the cap system, cross sections showing the top elevations of the existing IMW, top elevations of the 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.

(f) The location and as-built detail drawings of all components to be certified using the same views as required in rule 3745-30-05 of the Administrative Code.

(6) After the initial construction and establishment of a survey mark at the industrial landfill or residual landfill facility, the following information summarizing the activities performed to construct and establish the survey mark:

(a) The geodetic survey datasheet of each control point used to establish the horizontal and vertical coordinates of the survey mark.

(b) A table listing the horizontal and vertical coordinates of each control point and survey mark.

(c) A summary of surveying activities performed in determining the coordinates of the survey mark.

(d) A plan sheet clearly identifying the location of the survey mark, the control points, and the limits of IMW 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 survey mark, as constructed.

(7) Documentation demonstrating that any oil or gas wells that have been identified within the limits of IMW 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.

(8) Qualifications of construction, testing, and construction quality assurance and control personnel. A description of the experience, training, responsibilities in decision making, and other qualifications of the personnel that provided construction oversight and conducted the testing on the engineered component for which the certification report is submitted.

(9) A notarized statement that to the best of the knowledge of the owner or operator, the certification report is true, accurate, and contains all information required by paragraph (B) of this rule.

(C) The owner or operator shall ensure that the following criteria are met:

(1) The design of the excavation of all engineered components and the waste mass considers configurations throughout the applicable development and post-closure care periods. The design for the stability of all engineered components and the waste mass shall meet the following:

(a) Have a factor of safety for hydrostatic uplift of not less than 1.40 at any location during the construction and operation of the facility.

(b) Have a factor of safety for bearing capacity of any vertical sump risers on the liner system of not less than 3.0.

(c) Have a factor of safety for static slope stability of not less than 1.50 using two dimensional limit equilibrium methods or another factor of safety using a method acceptable to Ohio EPA 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 of the geosynthetic with the lowest peak shear strength. 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) Have a factor of safety for static slope stability of not less than 1.30 using two dimensional limit equilibrium methods or another factor of safety using a method acceptable to Ohio EPA 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, then the analysis shall assume that the weight of the material is loaded or unloaded all at one time at the end of the time it takes to construct the stage.

(e) Assumptions used in the stability analyses shall be used to establish the minimum specifications and materials for construction.

(f) Include calculations for seismic slope stability that 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) The factor of safety shall not be 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 of the geosynthetic with the lowest peak shear strength. 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 of the geosynthetic with the lowest peak shear strength. 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 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.

(g) Have a factor of safety against liquefaction of not less than 1.00 for internal slopes, interim slopes and final slopes.

(h) Have a factor of safety for static slope stability of not less than 1.10 using two dimensional limit equilibrium methods or other methods acceptable to Ohio EPA when assessed for any of the following failure modes and conditions:

(i) If required by Ohio EPA, 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.

(2) The design of the liner system complies with the following:

(a) For an industrial landfill facility, design (1)(a) or (1)(b) as identified in the appendix to this rule.

(b) For a residual landfill facility, design (1)(a), (1)(b), (2)(a), or (2)(b) as identified in the appendix to this rule.

(c) For a residual landfill facility for IMW with a chloride concentration determined in accordance with rule 3745-30-03 of the Administrative Code of no more than one thousand two hundred and fifty parts per million, design (1)(a), (1)(b), (2)(a), (2)(b), or (3) as identified in the appendix to this rule.

(3) The liner system is designed as follows:

(a) For new facilities or lateral expansions of existing facilities, the 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 materials include, 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 one hundred year time frame or another time frame acceptable to Ohio EPA.

(b) For existing facilities where an owner or operator proposes to vertically expand over a liner system that was constructed after December 31, 2003, the slope of the existing liner system located beneath the vertical expansion shall meet the design standard in paragraph (C)(3)(a) of this rule.

(c) For existing facilities where an owner or operator proposes to vertically expand over a liner system that was constructed before December 31, 2003, the owner or operator shall demonstrate that the existing liner system located beneath the vertical expansion at a minimum maintains positive drainage in the leachate collection system and has no more than one foot of head of leachate after accounting for the additional IMW, one hundred per cent of the primary consolidation settlement, and the secondary consolidation settlement of the compressible materials beneath the facility. Compressible materials include, 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 one hundred year time frame or another time frame acceptable to Ohio EPA.

(4) The design of all geosynthetic materials specified as an engineered component including but not limited to flexible membrane liner, geosynthetic clay liner, and geocomposite drainage layer, does not rely on any of the tensile qualities of the geosynthetic component. This paragraph does not apply to geosynthetics used to mechanically stabilize embankments.

(D) The owner or operator shall use the following specifications in design and construction of the industrial landfill or residual landfill facility whenever the items in this paragraph are required by paragraph (C) of rule 3745-30-06 of the Administrative Code:

(1) The foundation, liner subbase, or added geologic material used to meet the isolation distance between the uppermost aquifer system and the bottom of the liner system shall comply with the following:

(a) 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.

(b) Not be comprised of solid waste.

(c) Be determined to have adequate strength to satisfy bearing capacity and slope stability strength requirements.

(d) Be resistant to internal erosion.

(e) If a geosynthetic clay liner or flexible membrane liner is a component of the liner system, not have any abrupt changes in grade that may result in damage to the geosynthetic clay liner or flexible membrane liner.

(f) For foundation, have quality control testing at a frequency of three tests per unit for resistance to internal erosion of any stratigraphic units that have not been anticipated and that are more susceptible to seepage piping failure than the stratigraphic units that were tested and reported in the permit to install 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.

(g) For added geologic material, 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 shall 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) For added geologic material not classified as low plasticity clay (CL), as silty clay (ML-CL), a high plasticity clay (CH), a clayey sand (SC), or a clayey gravel (GC) in the "Unified Soil Classification System" described in ASTM D2487, have a maximum permeability of 1 X 10-5 cm/sec.

(vi) If the piezometric surface of an underlying aquifer or a zone of significant saturation is above the top of the added geologic material, be classified as slightly dispersive (ND3) or nondispersive (ND2, ND1) determined in accordance with ASTM D4647.

(h) For added geologic material, 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 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.

(2) Structural fill, rock fill, or soil fill used as a structural berm or subbase shall comply with the following:

(a) For rock fill, be durable rock.

(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 liner system.

(e) For soil fill, 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) For structural berm, be constructed in loose lifts of twelve inches or less. For subbase under a geosynthetic clay liner, be constructed in loose lifts of eight 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.

(3) At a minimum, the recompacted soil liner shall comply with the following:

(a) Be constructed using loose lifts eight inches thick or less to achieve uniform compaction. Each lift shall have a maximum permeability of 1 x 10-7 cm/sec.

(b) Be constructed of a soil with a maximum clod size of three inches or half the lift thickness, whichever is less.

(c) Be constructed of a soil that meets the following:

(i) With one hundred per cent of the particles having a maximum dimension not greater than two inches.

(ii) With not more than ten per cent of the particles by weight having a dimension greater than 0.75 inches.

(iii) If the piezometric surface of an underlying aquifer or a zone of significant saturation is above the top of the recompacted soil liner, with a classification of slightly dispersive (ND3) or nondispersive (ND2, ND1) determined in accordance with ASTM D4647.

(d) Be compacted to at least ninety-five per cent of the maximum "standard proctor density" in accordance with ASTM D698 or at least ninety per cent of the maximum "modified proctor density" in accordance with ASTM D1557.

(e) Be compacted at a moisture content at or wet of optimum.

(f) Alternatives for paragraphs (D)(3)(a) to (D)(3)(e) of this rule may be used if demonstrated to the satisfaction of Ohio EPA that the materials and techniques will result in each lift having a maximum permeability of 1 x 10-7 cm/sec.

(g) Not be comprised of solid waste.

(h) Be constructed using the number of passes and lift thickness, and the same or similar type and weight of compaction equipment established by testing required in paragraph (H) of this rule.

(i) Be placed on the bottom and exterior excavated sides of the landfill and have a minimum bottom slope of two per cent and a maximum slope based on the following:

(i) Compaction equipment limitations.

(ii) Slope stability.

(iii) Maximum friction angle between any soil-geosynthetic interface and between any geosynthetic-geosynthetic interface.

(iv) Resistance of geosynthetic and geosynthetic seams to tensile forces.

(j) Be constructed on a prepared surface that shall comply with the following:

(i) Be free of debris, foreign material, and deleterious material.

(ii) Be capable of bearing the weight of the landfill and its construction and operations without causing or allowing a failure of the liner to occur through settling.

(iii) Not have any abrupt changes in grade that may result in damage to geosynthetics.

(k) Have a factor of safety for hydrostatic uplift not less than 1.4.

(l) Be adequately protected from damage due to desiccation, freeze/thaw cycles, wet/dry cycles, and the intrusion of objects during construction and operation.

(4) A cap soil barrier layer shall comply with the following:

(a) Be constructed using loose lifts eight inches thick or less to achieve uniform compaction. Each lift shall have a maximum permeability of 1 x 10-6 cm/sec.

(b) Be constructed of a soil with a maximum clod size of three inches or half the lift thickness, whichever is less.

(c) Be free of debris, foreign material, and deleterious material.

(d) Not be comprised of solid waste.

(e) If a flexible membrane liner is a component of the cap system, not have any abrupt changes in grade that may result in damage to the flexible membrane liner.

(f) Have a maximum recompacted laboratory permeability of 1 x 10-6 cm/s.

(g) Be constructed of a soil with at least eighty per cent of the particles by weight passing through the number 4 standard mesh screen. Alternative soil specifications may be used provided that a demonstration to Ohio EPA shows that the materials and techniques will result in each lift having a maximum permeability of 1 x 10-6 cm/sec.

(h) Be compacted to a maximum dry density and minimum soil moisture content no less than that used in the recompacted laboratory permeability test in accordance with paragraph (E)(1) 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 cap system.

(5) A geosynthetic clay liner 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) Be installed in the following manner:

(i) To allow no more than negligible amounts of leakage. 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 an engineered subbase or above a recompacted soil liner. 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.

(v) Such that the geosynthetic clay liner is adequately protected from damage due to desiccation and erosion.

(6) A flexible membrane liner shall comply with the following:

(a) Be negligibly permeable to fluid migration.

(b) Be physically and chemically resistant to chemical attack by the IMW, leachate, or other materials which may come in contact with the flexible membrane liner.

(c) For facilities proposing to dispose of secondary aluminum waste, be able to retain its mechanical and physical properties when exposed to temperatures up to one hundred degrees centigrade.

(d) For installations exceeding ten thousand square feet, have present during the installation at least one welding technician having seamed a minimum of one million square feet of flexible membrane liner.

(e) Be seamed to allow no more than negligible amounts of leakage. The seaming material shall be physically and chemically resistant to chemical attack by the residual waste, leachate, or other materials that may come in contact with the seams.

(f) Be cleaned of deleterious materials in the seaming area immediately prior to seaming.

(g) Have properties for installation and use that are acceptable to Ohio EPA.

(7) A cushion layer to protect the flexible membrane liner if the potential exists for the flexible membrane liner to come in contact with any sharp edged protrusions or any particles protruding more than one quarter of one inch. The cushion layer shall be adequately protected from solar degradation. The liner cushion layer shall account for the weight of the overlying waste mass and have pre-construction interface testing performed according to paragraph (G) of this rule.

(8) A leachate management system shall comply with the following:

(a) Contain and collect leachate within the boundary of the industrial landfill or residual landfill flexible membrane liner or soil liner, consist of either a granular drainage layer or geocomposite drainage layer, and comply with the following:

(i) Limit the level of leachate in areas other than lift stations to a maximum of one foot. Any granular material used as a drainage medium shall have a permeability no less than 1 x 10-2 cm/sec.

(ii) Function without clogging. A filter layer may be required by Ohio EPA.

(iii) Have either a leachate collection layer that is comprised of materials capable of ensuring protection of the flexible membrane liner or include a liner cushion layer.

(iv) For a granular leachate collection layer, not be placed over wrinkles in the flexible membrane liner that are greater than four inches in height.

(v) Prevent crushing of or damage to any of its components. A protective layer to protect the leachate management system and the industrial landfill or residual landfill liner components from the intrusion of objects during construction and operation, which may consist of select IMW, may be required by Ohio EPA. For a geocomposite drainage layer, the protective layer shall not be placed over wrinkles in the flexible membrane liner that are greater than four inches in height.

(vi) For leachate collection pipes, be provided with access for clean-out devices, be protected from differential settling, and have lengths and configurations that shall not exceed the capabilities of clean-out devices. Leachate collection pipes shall have at least a 0.5 per cent grade after accounting for one hundred per cent of the primary consolidation settlement and ninety-five per cent of 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. Secondary settlement shall be calculated using a one hundred year time frame or another time frame acceptable to Ohio EPA.

(vii) For sumps, be equipped with automatic high level alarms located no greater than one foot above the top elevation of the sump.

(b) Be chemically resistant to attack by the IMW, leachate, or any other material it may contact.

(c) Automatically remove leachate from the industrial landfill or residual landfill to a leachate storage structure, a permitted discharge to a public sewer, or a permitted waste water treatment system.

(d) Conveyance and storage of leachate outside the limits of IMW placement shall comply with the following:

(i) Be no less protective of the environment than the industrial landfill or residual landfill, as determined by Ohio EPA.

(ii) Be monitored if required by Ohio EPA.

(iii) For storage tanks, be provided with spill containment.

(iv) For storage structures, have a minimum of one week of storage capacity, calculated using design assumptions which simulate a final cap system completed in accordance with rule 3745-30-09 of the Administrative Code.

(v) For a leachate pond, have primary and secondary liners with a leak detection system and defined action leakage rate.

(vi) For a leachate pond, have a layer capable of protecting the liner system from damage during pond cleanout.

(vii) For a leachate pond, have no less than three feet of freeboard above the basin capacity.

(e) Ensure leachate is treated and disposed in accordance with one of the following:

(i) At the industrial landfill or residual landfill facility.

(ii) Through on-site pretreatment and either transported or piped off-site for final treatment and disposal.

(iii) Through transportation or piping off-site for treatment and disposal.

(9) A cap drainage layer shall comply with either the following:

(a) Consist of granular drainage material a minimum of one foot thick with a permeability of 1 x 10-3 cm/s. The granular cap drainage layer shall not be placed over wrinkles in the flexible membrane liner that are greater than four inches in height.

(b) Consist of geocomposite drainage layer with a minimum transmissivity to ensure that the cap system meets the slope stability requirements of this rule. The transmissivity shall be adjusted for elastic deformation, creep deformation, biological clogging, and chemical clogging by using the appropriate reduction factors.

(10) A cap protection layer consisting of soil shall comply with the following:

(a) Have a maximum permeability in accordance with the final slope stability calculation.

(b) 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 and the soil 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.

(c) If the cap protective layer is placed on a geocomposite drainage layer, not be placed over wrinkles in the flexible membrane liner that are greater than four inches in height.

(11) 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 that healthy grasses or other vegetation can form a complete and dense vegetative cover not later than one year after placement.

(12) Surface water control structures shall be designed to minimize silting and scouring and as follows:

(a) For a permanent surface water control structure, to accommodate by non-mechanical means the peak flow from the twenty-five year, twenty-four hour storm event.

(b) For a temporary surface water control structure, to accommodate the peak flow from the twenty-five year, twenty-four hour storm event.

(c) For a sedimentation pond, in accordance with the following:

(i) With a minimum storage volume based on either the calculated runoff volume from a ten year, twenty-four hour storm event, or 0.125 acre-feet per year, for each acre of disturbed area within the upstream drainage area, multiplied by the scheduled frequency of pond clean-out (in years), whichever is greater.

(ii) To ensure the principal spillway safely discharges the flow from a ten year, twenty-four hour storm event. The inlet elevation of the emergency spillway shall be designed to provide flood storage, with no flow entering the emergency spillway, for a twenty-five year, twenty-four hour storm event, with allowance provided for the flow passed by the principal spillway during the event.

(iii) To ensure the combination of principal and emergency spillways safely discharges the flow from a one hundred year, twenty-four hour storm event. The embankment design shall provide for no less than one foot net freeboard when flow is at the design depth, after allowance for embankment settlement.

(13) Survey mark. At least one permanent survey mark shall be established prior to any construction and within easy access to the limits of IMW placement in accordance with the following:

(a) Be referenced horizontally to the North American datum, or state plane coordinate system and vertically to the North American vertical sea level datum as identified by the national geodetic survey.

(b) 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 mark shall be in accordance with the following:

(i) The minimum horizontal distance accuracy shall be one foot horizontal to two thousand five hundred feet horizontal.

(ii) The minimum vertical accuracy shall be one inch to five thousand feet horizontal.

(14) Grades of access roads shall not exceed twelve per cent. All access roads shall be designed to allow passage of loaded vehicles during all weather conditions with minimum erosion and dust generation and with adequate drainage.

(15) 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 may be used to dewater an aquifer system, except if the recharge and discharge zone of the aquifer system are located entirely within the boundary of the industrial landfill or residual 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.

(16) Any explosive gas monitoring systems shall be designed and constructed in accordance with rule 3745-27-12 of the Administrative Code.

(17) Any active or passive gas control structures shall be designed to prevent fires within the limits of IMW placement. Construction of the explosive gas control structures shall not compromise the integrity of the cap system, the leachate management system, or the recompacted soil liner. Any explosive gas control structures shall be designed so that explosive gas cannot travel laterally from the industrial landfill or residual landfill facility or accumulate in occupied structures.

(18) An industrial landfill or a residual landfill facility located within a geologically unstable area, other than in an area of potential subsidence resulting from underground mining, shall be designed to resist the earth movement at the site. Geologically unstable areas include any of the following:

(a) Where on-site or local soil conditions result in significant differential settling.

(b) Where the downslope movement of soil or rock due to gravitational influence occurs.

(c) Where the lowering or collapse of the land surface occurs either locally or over broad regional areas.

(19) A separatory liner/leachate collection system shall be designed to serve as a barrier to direct leachate from new IMW placement into the leachate collection system associated with the vertical expansion and to manage any explosive gas generated from the IMW placement below the barrier. The separatory liner/leachate collection system shall have a minimum slope of ten per cent or some alternative slope based on compaction equipment limitation and stability analyses. The amount of IMW filled beneath the separatory liner system needed to obtain the required minimum slope shall be minimized. The separatory liner/leachate collection system may include the following components:

(a) A gas collection layer.

(b) A recompacted soil liner.

(c) A flexible membrane liner.

(d) A leachate collection layer. The leachate collection layer 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 care period of the facility.

(e) Leachate collection pipes.

(f) A filter layer.

(g) A geosynthetic clay liner.

(20) Any oil wells and gas wells within the proposed limits of IMW placement shall be properly plugged and abandoned in accordance with Chapter 1509. of the Revised Code.

(E) The owner or operator shall submit the results of the following tests to the appropriate Ohio EPA district office not later than seven days prior to being used in construction of the industrial landfill or residual landfill facility:

(1) For the soil material used in construction of the recompacted soil liner and cap soil barrier layer, of the following tests performed on representative samples:

(a) For a recompacted soil liner, recompacted permeability at construction specifications at a frequency of no less than once for every ten thousand cubic yards.

(b) Moisture content and density in accordance with an approved ASTM method at a frequency of no less than once for every one thousand five hundred cubic yards.

(c) 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 on recompacted soil liner material and at a frequency of no less than once for every three thousand cubic yards on cap soil barrier layer.

(d) Atterberg limits in accordance with ASTM D4318 at a frequency of no less than once for every one thousand five hundred cubic yards on recompacted soil liner material and at a frequency of no less than once for every three thousand cubic yards on cap soil barrier layer.

(e) For a recompacted soil liner, if the piezometric surface of an underlying aquifer or a zone of significant saturation is above the top of the recompacted soil liner then determine 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) For a cap soil barrier layer, 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.

(2) For soil material used as cap protection layer and to be classified as a "CL" in accordance with ASTM D2487, the following:

(a) Grain size distribution in accordance with ASTM D6913 and ASTM D7928 at a frequency of no less than once for every three thousand cubic yards.

(b) Atterberg limits in accordance with ASTM D4318 at a frequency of no less than once for every three thousand cubic yards.

(3) For soil material used as added geologic material, the following:

(a) 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.

(b) The recompacted laboratory permeability in accordance with ASTM D5084 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" described in ASTM D2487.

(c) 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.

(d) Atterberg limits in accordance with ASTM D4318 at a frequency of no less than once for every three thousand cubic yards.

(e) The grain size distribution according to ASTM D6913 and D7928 at a frequency of no less than once for every three thousand cubic yards.

(4) For soil material used as fill, 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.

(5) For geosynthetic clay liner, the following:

(a) 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 Mohr-Coulomb shear strength failure envelope defined by the required factor of safety, the test will be considered failed.]

(b) The 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.

(6) For any granular drainage material used as a drainage medium, to be tested at least once for every three thousand cubic yards of material for the following:

(a) Permeability in accordance with ASTM D2434.

(b) Grain size distribution in accordance with ASTM C136.

(7) For any geocomposite drainage layer, to be tested 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.

(8) Chemical compatibility testing as required by the director. At the request of the licensing authority or Ohio EPA results of testing required in this paragraph shall be made available for inspection.

(F) Prior to the installation of the geosynthetics, other synthetic materials, and joint sealing compounds used in the construction of the flexible membrane liner or any other component of the industrial landfill or residual landfill, the owner or operator shall use materials that comply with the following:

(1) Be shown to be physically and chemically resistant to attack by the IMW, leachate, or other materials that the geosynthetic or synthetic material may come in contact with in accordance with USEPA method 9090 or other documented data. Chemical compatibility testing may be required by the director.

(2) Be shown to have properties acceptable for installation and use.

(G) Pre-construction interface testing and reporting. The owner or operator shall test the specific soils and representative samples of the geosynthetic materials that will be used at the site 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 owner or operator shall ensure the results of pre-construction testing pursuant to this rule meet all applicable specifications in this rule and the set of approved parameters in the permit to install application that were established by the geotechnical 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.

(H) The owner or operator shall perform the following activities to ensure that the appropriate components of the industrial landfill or residual landfill facility are constructed to meet the specifications of this rule:

(1) Prior to construction of the recompacted soil liner and whenever there is a significant change in the soil material properties, construct a test pad to model the recompacted soil liner. Test pad construction shall comply with the following unless an alternative capable of ensuring the recompacted soil liner meets the specifications in paragraph (D) of this rule is demonstrated to the satisfaction of Ohio EPA:

(a) Be designed such that the proposed tests are appropriate and their results are valid.

(b) Be constructed to establish the construction details that are necessary to obtain sufficient compaction to satisfy the permeability requirement. The construction details include such items as the lift thickness, the water content necessary to achieve the desired compaction, and the type, weight, and number of passes of construction equipment.

(c) Have 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.

(d) Be comprised of at least four lifts.

(e) Be tested for field permeability, following the completion of test pad construction, using methods acceptable to Ohio EPA. For each lift, a minimum of three tests for moisture content and density shall be performed.

(f) Be reconstructed as many times as necessary to meet the permeability requirement. Any amended construction details shall be noted for future soil liner construction.

(2) Describe the recompacted soil liner test pad 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 the testing required by 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.

(3) Moisture content and density testing of the recompacted soil liner and recompacted soil barrier in the cap system 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. Any penetrations shall be repaired using bentonite or using methods acceptable to Ohio EPA.

(4) Test the flexible membrane liner using methods acceptable to Ohio EPA as follows:

(a) For the purpose of testing every seaming apparatus in use each day, peel and shear tests shall be performed on scrap pieces of flexible membrane liner at the beginning of the seaming period and every four hours thereafter.

(b) Nondestructive testing shall be performed on one hundred per cent of the flexible membrane liner seams.

(c) Destructive testing for peel and shear shall be performed at least once for every one thousand feet of seam length. An alternative means may be used if it is demonstrated to Ohio EPA that the alternative means meets the requirements of this paragraph.

(d) Electrical leak location testing in accordance with ASTM D7007 or ASTM D8265 shall be performed 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 are 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.]

(I) Failed tests. The owner or operator shall investigate all quality assurance/quality control tests failing to meet the specifications outlined in this rule. The owner or operator shall reconstruct an area with a verified failure to meet the specifications contained in this rule and retest the reconstructed areas at a frequency acceptable to Ohio EPA.

View Appendix

Last updated May 28, 2021 at 10:02 AM

Supplemental Information

Authorized By: 3734.02, 3734.12
Amplifies: 3734.02, 3734.12
Five Year Review Date: 5/28/2026
Prior Effective Dates: 8/15/2003
Rule 3745-30-08 | Ground water monitoring program.
 

(A) Applicability. The owner or operator, of a new industrial waste landfill or residual waste landfill facility, an existing industrial waste landfill or residual waste landfill facility undergoing a lateral or vertical expansion, and of any industrial waste landfill or residual waste landfill facility undergoing closure in accordance with rule 3745-30-09 of the Administrative Code shall implement and maintain a ground water monitoring program capable of determining the impact of the landfill 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 landfill facility. The ground water monitoring program shall comply with paragraphs (B) to (F) of this rule and shall be protective of human health and safety and the environment. The ground water monitoring program shall be documented as a written ground water monitoring program plan as part of a landfill facility's permit to install application or closure plan, as applicable. The ground water monitoring program plan shall describe the owner or operator's program and how the plan complies with this rule. The ground water monitoring program shall be implemented upon final approval of the permit to install application or closure plan. The owner or operator shall use the methods documented in the plan. Changes to an approved plan shall be submitted to Ohio EPA sixty days before implementation of those changes.

(B) Monitoring system.

(1) The ground water monitoring system shall include 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. The ground water monitoring system shall meet the following:

(a) Represent the quality of the ground water that has not been affected by past or present operations at the landfill facility.

(b) Represent the quality of the ground water passing directly downgradient of the limits of solid waste placement.

(c) Include surface water monitoring of seeps, springs, or streams in addition to or as a partial alternative to the ground water monitoring if proposed by the owner or operator or required by the director. Such surface water monitoring shall include provisions for sampling procedures, constituents to be analyzed, and analyzing the resulting data.

(2) For an uppermost aquifer system more than one hundred fifty feet beneath base of the waste or the recompacted clay liner of the 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 included in the ground water monitoring program 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 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, 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) The minimization of the passage of formation materials into the well.

(ii) The monitoring of discrete portions of the uppermost aquifer system or any significant zones of saturation above the uppermost aquifer system.

(d) The design, installation, development, maintenance procedures, and abandonment of any monitoring wells, piezometers, and other measurement, sampling, and analytical devices shall be documented in the ground water monitoring program plan.

(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 ground water 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 included in the ground water monitoring system shall be as follows:

(a) Based on site-specific hydrogeologic information.

(b) Capable of detecting a release from the landfill facility to the ground water at the closest practicable location to the limits of IMW placement.

(5) Unless the ground water is monitored to satisfy the requirements of paragraphs (E) and (F) of this rule, the owner or operator shall at at a minimum annually evaluate the ground water surface elevation data obtained in accordance with paragraph (C)(2) 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 shall be included in the report required by rule 3745-30-14 of the Administrative Code. If the evaluation shows that paragraph (B) of this rule is no longer satisfied, the owner or operator shall immediately modify the number, location, or depth of the monitoring wells to bring the ground water monitoring system into compliance.

(C) Sampling, analysis, and statistical methods.

(1) The ground water monitoring program shall include consistent sampling and analysis procedures that are protective of human health and safety 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) of this rule. Sampling and analysis procedures employed in the ground water monitoring program shall be documented in a sampling and analysis plan included in the ground water monitoring program plan required by paragraph (A) of this rule and be available for inspection at the landfill facility. The owner or operator shall use the methods documented in the sampling and analysis plan. Changes to the plan shall be submitted to Ohio EPA not later than sixty days prior to implementation. At a minimum, the plan shall include a detailed description of the equipment, procedures, and techniques to be used for the following:

(a) Measurement of ground water elevations.

(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 raw data and the exact location, time, and facility-specific conditions 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 containing all information necessary for effective sample tracking.

(g) Field and laboratory quality assurance and quality control, including the following:

(i) Collection of replicate samples.

(ii) Submission of field-bias blanks.

(iii) Potential interferences.

(2) Ground water elevations shall be measured within a single twenty-four-hour period in all monitoring wells at least semi-annually and in each well prior to purging and sampling. The owner or operator shall determine, for the uppermost aquifer system and for all significant zones of saturation monitored, the direction of ground water flow at least semi-annually. The ground water elevations and direction of flow shall be shown on a potentiometric map with the sampling data submitted in accordance with paragraph (C)(8) of this rule.

(3) Unless establishing background in accordance with paragraph (C)(4) of this rule, the owner or operator shall establish background ground water quality by analyzing ground water samples collected from hydraulically upgradient wells for each of the monitoring parameters or constituents required in the particular ground water monitoring program that applies to the landfill facility as determined by paragraph (D), (E), or (F) of this rule.

(4) Background ground water quality at existing landfill facilities may be based on sampling of wells that are not hydraulically upgradient where 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.

(5) Not later than ninety days after obtaining the final sample that completes the initial year of ground water monitoring, 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)(4) of this rule. The statistical method specified shall ensure protection of human health and safety and the environment and shall comply with the performance standards outlined in paragraph (C)(6) of this rule. The statistical method specified shall be selected from the following:

(a) A tolerance or prediction interval procedure in which an interval for each parameter is established from the distribution of the background data, and the level of each parameter in each monitoring well is compared to the upper tolerance or prediction limit.

(b) A control chart approach that gives control limits for each parameter.

(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 for each monitoring well and the background mean levels for each parameter.

(d) An analysis of variance (ANOVA) based on ranks followed by multiple comparisons procedures to identify statistically significant evidence of contamination. This shall include estimation and testing of the contrasts between each monitoring well's median and the background medial levels for each parameter.

(e) Another statistical test method submitted by the owner or operator and approved by Ohio EPA.

(6) Any statistical method chosen in accordance with paragraph (C)(5) 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 parameter values shall be determined after considering the number of samples in the background database, the data distribution, and the range of the concentration values for each parameter.

(d) If a tolerance interval or a prediction interval is used to evaluate ground water monitoring data, then the levels of confidence and the percentage of the population contained in any tolerance or prediction interval shall be protective of human health and safety and the environment. These statistical 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 safety 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 Ohio EPA.

(h) Prior to initially using an intra-well statistical method for the detection monitoring program, the owner or operator shall demonstrate the ground water is not impacted by a release from the landfill facility within the relevant well, unless approved otherwise by Ohio EPA.

(7) The owner or operator shall determine if there is a statistically significant increase (or change in the case of pH) from background values for each parameter or constituent required by paragraph (D), (E), or (F) of this rule, as applicable. The owner or operator shall make this statistical determination either semi-annually, if paragraph (D) of this rule applies, or as specified in the ground water quality assessment program required by paragraph (E) of this rule if that paragraph applies, or in the corrective measure selected in accordance with paragraph (F) of this rule if that paragraph applies. To determine whether a statistically significant increase or decrease has occurred, the owner or operator shall compare the ground water quality of each parameter or constituent at each downgradient ground water monitoring well to the background value of that parameter or constituent according to the statistical procedures specified in paragraphs (C)(5) and (C)(6) of this rule.

(8) All ground water analysis results, statistical analysis results, and ground water elevation data generated in accordance with paragraphs (C) to (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 accompanying text shall be submitted on a form specified by the director.

(D) Detection monitoring.

(1) The owner or operator shall determine the concentration or value of the applicable parameters from the applicable list contained in appendix C to this rule for the owner or operator's waste. The concentration or value shall be determined in accordance with paragraphs (D)(3) to (D)(6) of this rule.

(2) The owner or operator of an industrial waste landfill or a residual waste landfill facility may propose an alternative list of parameters to meet the requirements of paragraphs (D)(3) to (D)(6) of this rule. The list of alternative parameters shall be submitted by the owner or operator and acknowledged by Ohio EPA prior to use. The alternative parameter list shall be indicative of the waste streams deposited at the landfill facility and shall be protective of human health and safety and the environment. At a minimum, the alternative parameter list shall specify the following:

(a) The parameters to be analyzed in the ground water samples during the initial year of ground water monitoring in accordance with paragraph (D)(3) of this rule.

(b) The parameters to be analyzed in the ground water samples at least semi-annually in accordance with paragraph (D)(4) of this rule.

(c) The parameters to be analyzed in the ground water samples at least annually after the initial year in accordance with paragraph (D)(5) of this rule.

(d) The parameters specified in paragraph (D)(2)(b) of this rule to have their analytical results statistically evaluated in accordance with paragraph (D)(4) of this rule.

(e) The chemical composition of the IMW which have been, and are to be, deposited at the landfill facility.

(f) The chemical composition of leachate, if available, from an existing landfill facility being used to dispose of a similar waste.

(g) Any other relevant information that Ohio EPA deems necessary.

(3) During the initial year of ground water monitoring, which shall commence prior to waste placement for newly permitted landfill facilities, the initial background concentrations or values shall be established for the background water quality parameters specified either in appendix C to this rule for the owner or operator's waste or in the alternative parameter list approved in accordance with paragraph (D)(2) of this rule. The sampling frequency shall be at least quarterly for the initial year of ground water monitoring. The number and kinds of samples collected to establish background water quality for those background water quality parameters that are also listed as indicator parameters for the owner or operator's waste in appendix C to this rule, shall be consistent with the appropriate statistical procedures employed pursuant to paragraphs (C)(5) and (C)(6) of this rule. The sample size shall be as large as necessary to ensure with reasonable confidence that a contaminant release from the facility will be detected. The sampling frequency shall assure, to the greatest extent technically feasible, that an independent sample is obtained, by reference to the monitored zone of saturation, effective porosity, hydraulic conductivity, hydraulic gradient, and the fate and transport characteristics of the potential contaminants.

(4) After the initial year, all monitoring wells shall be sampled at least semi-annually and the samples analyzed for the indicator parameters specified either in appendix C to this rule for the owner or operator's waste or in the alternative parameter list approved in accordance with paragraph (D)(2) of this rule. The owner or operator shall statistically analyze the results for these required indicator parameters in accordance with paragraph (C)(7) of this rule. The number and kinds of samples collected shall be consistent with the statistical method used to analyze the data and shall be as often as necessary to ensure, with reasonable confidence, that a contaminant release to the ground water from the facility will be detected.

(5) After the initial year, all monitoring wells shall be sampled at least annually and the samples analyzed for the water quality annual parameters specified either in appendix C to this rule for the owner or operator's waste or in the alternative parameter list approved in accordance with paragraph (D)(2) of this rule.

(6) Ground water samples shall be field analyzed for temperature, specific conductance, and pH whenever a sample is withdrawn from a monitoring well.

(7) An alternative frequency for ground water sampling or statistical analysis required by paragraph (D)(5) of this rule may be proposed, in writing, by the owner or operator during the active life (including final closure) of a landfill facility and the post-closure care period. The alternative frequency shall not be less than annually. Upon acknowledgment by Ohio EPA, the owner or operator may use the alternative sampling or analysis frequency. At a minimum, the owner or operator shall consider the following factors in proposing an alternative sampling or analysis frequency:

(a) Lithology of the aquifer system and all stratigraphic units above the uppermost aquifer system.

(b) Hydraulic conductivity of the uppermost aquifer system and all stratigraphic units above the uppermost aquifer system.

(c) Ground water flow rates for the uppermost aquifer system and all zones of saturation above the uppermost aquifer system.

(d) Minimum distance between the upgradient edge of the limits of waste placement of the landfill facility and the downgradient monitoring well system.

(e) Resource value of the uppermost aquifer system.

(8) If the owner or operator determines, for two consecutive semi-annual statistical determination periods, that at any monitoring well there has been a statistically significant increase (or change in the case of pH) from background values for one or more of the applicable indicator parameters specified in appendix C to this rule according to the statistical method specified by the owner or operator pursuant to paragraphs (C)(5), (C)(6), and (D)(9) of this rule, the owner or operator shall notify Ohio EPA not later than fifteen days after receiving the second period's statistical or analytical results which indicate a statistically significant change. The notification shall indicate which parameters have shown a statistically significant change from background levels.

(9) The owner or operator may demonstrate that a source other than the landfill facility is the cause of the contamination or that the statistically significant increase results from error in the sampling, analysis, or statistical evaluation, or from natural variation in ground water quality.

(a) When resampling demonstrates the increase to be an error, the resampling results shall be submitted to Ohio EPA in accordance with paragraph (C)(8) of this rule. If the owner or operator demonstrates using a 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 comply with paragraphs (D)(8) to (D)(12) of this rule until this demonstration is submitted.

(b) When the owner or operator demonstrates that the statistically significant increase to be an error in statistical procedure or from natural variation in ground water quality, a report documenting this demonstration shall be submitted as an addendum to the results and data required in paragraph (C)(8) of this rule to Ohio EPA. Until notification by the director that the report does not successfully demonstrate that the statistically significant increase over background resulted from an error in statistical evaluation or from natural variation in ground water quality, the owner or operator shall comply with paragraphs (D)(1) to (D)(9) of this rule. Upon notification by the director that the report does not successfully demonstrate that the statistically significant increase over background resulted from an error in statistical evaluation or from natural variation in ground water quality, the owner or operator shall comply with the provisions of paragraphs (D)(8) and (D)(10) to (D)(12) of this rule.

(10) Not later than fifteen days after notifying Ohio EPA in accordance with paragraph (D)(8) of this rule, the owner or operator shall sample the leachate or the affected well and analyze for constituents as follows:

(a) For facilities with leachate collection systems completely or partially underlying the waste disposal area, the leachate collection system shall be sampled and analyzed for those parameters listed in appendix B to this rule. Not later than seventy-five days after sampling the leachate collection system, the affected well shall be sampled and analyzed for the waste-derived constituents detected in the sample from the leachate collection system, unless otherwise authorized by Ohio EPA.

(b) For facilities without leachate collection systems, the affected well shall be sampled and analyzed for those parameters listed in appendix C to this rule, unless otherwise authorized by Ohio EPA.

(11) Not later than ninety days after sampling the affected well in accordance with paragraph (D)(10) of this rule, the owner or operator shall sample all background wells for all waste-derived constituents detected in the samples from the affected well.

(12) Not later than ninety days after sampling the background wells as required by paragraph (D)(11) of this rule, the owner or operator shall sample all monitoring wells not sampled in accordance with the provisions of paragraphs (D)(10) and (D)(11) of this rule and those samples shall be analyzed for those waste-derived constituents found to be above background levels in the affected monitoring wells sampled in accordance with paragraph (D)(10) of this rule.

(13) If the owner or operator determines, based on the results of the sampling required by paragraph (D)(10), (D)(11), or (D)(12) of this rule, that there has not been an increase above background levels of waste-derived constituents at any monitoring well downgradient of the facility, the owner or operator shall submit a report certified by a qualified ground water scientist documenting the demonstration to Ohio EPA. The owner or operator may return to detection monitoring until notification is received from the director stating that the report failed to successfully demonstrate that there was not an increase above background levels of waste-derived constituents at any monitoring well downgradient of the facility.

(14) Ohio EPA or the director, as applicable, may consider the following information submitted by the owner or operator when evaluating a request made under paragraphs (D)(13), (E)(5), and (E)(7) of this rule:

(a) The type of constituents and concentrations found in ground water monitoring wells at the facility.

(b) The ground water use and quality in the vicinity of the facility.

(c) Potential threats to human health or safety and the environment.

(E) Assessment.

(1) Not later than one hundred eighty days after conducting the sampling required under paragraph (D)(12) of this rule, the owner or operator shall submit to Ohio EPA and implement a specific plan for a ground water quality assessment program to determine the concentration and the rate and extent of migration of waste-derived constituents in the ground water at the landfill facility. At a minimum, the plan shall include the following:

(a) A summary of the hydrogeologic conditions at the landfill facility.

(b) A description of the detection monitoring program implemented by the 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.

(iii) A summary of statistical analyses applied to the data.

(c) A detailed description of the investigatory approach to be followed during the assessment including but not limited to the following:

(i) The proposed number, location, depth, installation method, and construction of assessment monitoring wells.

(ii) The proposed method for gathering additional hydrogeologic information.

(iii) The planned use of supporting methodology (i.e., soil gas or geophysical )survey.

(d) A detailed description of the techniques, procedures, and analytical equipment to be used for ground water sampling during the assessment including but not limited to the items listed in paragraphs (C)(1)(a) to (C)(1)(g) of this rule.

(e) A detailed description of the data evaluation procedures to be used including but not limited to the following:

(i) Planned use of statistical data evaluation.

(ii) Planned use of computer models.

(iii) Planned use of previously gathered information.

(iv) Criteria that will be utilized to determine if additional assessment activities are warranted.

(f) A schedule of implementation.

(2) The owner or operator shall implement the ground water quality assessment program that satisfies the requirements of paragraph (E)(1) of this rule to determine the concentrations and the rate and extent of migration of the waste-derived constituents in the ground water. The owner or operator shall make this determination within the time frame specified in the submitted ground water quality assessment program. Not later than fifteen days after making this determination, the owner or operator shall submit a written report to Ohio EPA containing an assessment of the ground water quality including all data generated as part of implementation of the ground water quality assessment program.

(3) All monitoring wells not affected by the ground water quality assessment program required by paragraph (E) of this rule shall be monitored in accordance with paragraphs (C) and (D) of this rule.

(4) On a semiannual basis, the owner or operator shall analyze the applicable indicator parameters contained in appendix C to this rule and those constituents determined to be released. On an annual basis, the owner or operator shall analyze all the parameters applicable for the facility contained in appendix C to this rule until relieved by the director in accordance with paragraph (F)(16) of this rule.

(5) If the owner or operator determines, based on the results of the determination made according to paragraph (E)(2) of this rule, that no waste-derived constituents from the facility have entered the ground water, then the owner or operator may reinstate the detection monitoring program described in paragraphs (C) and (D) of this rule upon submittal of a notification to the director. The owner or operator shall comply with the provisions of paragraph (E) of this rule until notification is received from the director that the report failed to successfully demonstrate that waste-derived constituents from the facility have not entered the ground water.

(6) If the owner or operator determines, based on the determination made according to paragraph (E)(2) 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)(2) of this rule. The determination shall be made on a semiannual basis, unless an alternative time interval is established by Ohio EPA, until the owner or operator is released from the obligation to implement the ground water quality assessment program by Ohio EPA.

(7) If the owner or operator determines, based on the determination made in accordance with paragraph (E)(2) of this rule, that waste-derived constituents from the facility have entered the ground water, then the owner or operator may, prior to meeting the requirements of paragraph (F) of this rule, request that the director approve a compliance monitoring program at the facility. Any request made under this paragraph shall include a description of the compliance monitoring program that includes the following:

(a) The monitoring wells to be included in the compliance monitoring program.

(b) The constituents for which ground water samples will be analyzed and the proposed concentration level for each constituent, which shall act as a ground water trigger level. The ground water trigger levels shall be established using the criteria described in paragraph (F)(5) of this rule.

(c) The sampling frequency, which shall be at a minimum annually, of all compliance monitoring wells and background wells for all waste-derived constituents.

(d) The techniques, procedures, and analytical equipment to be used for ground water sampling including but not limited to the items listed in paragraphs (C)(1)(a) to (C)(1)(g) of this rule.

(e) The sampling of all compliance wells specified under paragraph (E)(7)(a) of this rule at a minimum semi-annually and the analysis of those samples for those constituents specified under paragraph (E)(7)(b) of this rule. The frequency of sampling shall be consistent with the statistical method used to analyze the data and shall be determined based on the criteria listed in paragraph (D)(4) of this rule.

(f) A description of the statistical method to be used in evaluating the ground water analytical data generated under paragraph (E)(7)(e) of this rule. The statistical method shall be selected from those statistical methods contained in paragraph (C)(5) of this rule and shall meet all criteria listed in paragraphs (C)(5) and (C)(6) of this rule.

(g) Provisions for determining, at a minimum semi-annually, if there has been a statistically significant increase above the trigger levels for those constituents specified under paragraph (E)(7)(b) of this rule. This determination shall be consistent with the criteria stated in paragraph (C)(7) of this rule.

(h) Provisions for controlling the source of releases in order to reduce or eliminate, to the extent practicable, further releases of waste-derived constituents into the environment.

(i) Provisions for submitting a corrective measures plan in accordance with paragraph (F) of this rule if a statistically significant increase above the trigger levels for those constituents specified under paragraph (E)(7)(b) of this rule is detected and confirmed.

(F) Corrective measures.

(1) Unless a notification has been received from the director in accordance with paragraph (E)(5) or (E)(7) of this rule, the owner or operator shall submit a corrective measures study to Ohio EPA not later than one hundred eighty days after making the determination in accordance with paragraph (E)(2) of this rule, or not later than one hundred eighty days after submitting a request in accordance with paragraph (E)(7) of this rule. This study shall evaluate all practicable remediation procedures which are available for remediating any contamination discovered during the ground water quality assessment. At a minimum, the evaluated remediation procedures shall 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) of this rule.

(c) Control the source of releases to reduce or eliminate, to the 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.

(2) The owner or operator shall evaluate each proposed remediation procedure within the corrective measures study. At a minimum, the evaluation shall 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. The assessment of the effectiveness 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.

(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 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.

(f) A schedule for initiating and completing each remediation procedure discussed in the study. In establishing this schedule, the owner or operator shall consider the following:

(i) The extent and nature of any contamination.

(ii) The practical capability of remedial technologies to achieve compliance with ground water concentration levels established in accordance with paragraph (F)(6) of this rule and other objectives of the remediation procedure.

(iii) The availability of treatment or disposal capacity for wastes managed during implementation of the remediation procedure.

(iv) The desirability of utilizing technologies that are not currently available, but that 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 safety 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.

(g) 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 alternative water supplies.

(3) Unless a notification has been received from the director in accordance with paragraph (E)(5) or (E)(7) of this rule, the owner or operator shall make public notice of the existence of the assessment report and the corrective measures study and place those documents in the public library closest to the facility for public inspection not later than one hundred eighty days after making a first determination in accordance with paragraph (E)(2) of this rule.

(4) The director may require the owner or operator to evaluate, as part of the corrective measures study, one or more specific potential remediation procedures.

(5) 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 necessary 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), and (F)(6) of this rule. The following factors shall be considered 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) Any further degradation of the ground water that may occur if remedial action is not initiated expeditiously.

(iv) Weather conditions that may cause waste-derived constituents to migrate or be released.

(v) 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.

(vi) Other situations that threaten human health and safety and the environment.

(6) The corrective measures study shall propose a concentration level for each waste-derived constituent that has been detected in the ground water at levels above background levels. The concentration levels shall be established as follows:

(a) To be protective of human health and safety and the environment.

(b) Unless an alternative level is deemed necessary to protect environmental receptors, to conform to the following:

(i) For known or suspected carcinogens, the proposed concentration levels shall be established at concentration levels below those that represent a cumulative excess upper-bound lifetime risk to an individual within the 1 x 104 to 1 x 10-6 range.

(ii) For noncarcinogens, 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.

(c) In establishing the proposed concentration levels that meet the requirements of paragraph (F)(6)(b) of this rule, the owner or operator 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) For ground water that is a current or potential source of drinking water, the owner or operator shall evaluate and justify any concentration level that is higher than a federal safe drinking water act maximum contaminant level or a secondary drinking water standard.

(e) The proposed concentration levels shall not be set below background levels unless the director determines the following:

(i) Cleanup to levels below background levels is necessary to protect human health and safety and the environment.

(ii) Such cleanup is in connection with an area-wide remedial action under other authorities.

(7) The director shall select from the corrective measures report, or designate according to paragraph (F)(4) of this rule, the remediation procedure which best meets the criteria listed in paragraphs (F)(1), (F)(2) and (F)(6) of this rule. The owner or operator shall implement the remediation procedure selected by the director in accordance with the schedule of implementation selected by the director.

(8) In implementing the remediation procedure selected by the director in accordance with paragraph (F)(7) of this rule, the owner or operator shall achieve the designated concentration levels, as determined by paragraph (F)(6) of this rule, at all points within the plume of contamination that lie beyond the limits or solid waste placement.

(9) Upon completion of the remediation procedure, when the ground water quality meets the designated concentration levels as specified in paragraphs (F)(6) and (F)(8) of this rule, the owner or operator shall demonstrate on a semiannual basis for a period of five years or until the landfill facility's post-closure care period ends, whichever is longer, that the designated concentration levels have not been exceeded as provided in paragraph (F)(8) of this rule before being released from compliance with the ground water monitoring requirements.

(10) If the concentrations of the constituents monitored in accordance with paragraph (F)(9) of this rule exceed the concentration levels determined in accordance with paragraph (F)(6) of this rule, the owner or operator shall reimplement the designated remediation procedure or submit new remediation procedures in accordance with the criteria in paragraphs (F)(1) and (F)(2) of this rule.

(11) 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 paragraphs (F)(1) and (F)(2) of this rule is not technically practicable. In making such a determination, the director shall consider the following:

(a) The owner 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) 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 alternative measures to control human or environmental receptor exposure to residual contamination, as necessary, to protect human health and safety and the environment.

(b) Implement alternative measures for control of the sources of contamination, or for removal or decontamination of equipment, units, devices, or structures required to implement the remediation procedure, that achieve the following:

(i) Is technically practicable.

(ii) Is consistent with the overall objective of the remediation procedure.

(13) All IMW that are managed pursuant to a remediation procedure required under paragraph (F)(8) of this rule, or an interim measure required under paragraph (F)(5) of this rule, shall be managed in the following manner:

(a) That is protective of human health and safety and the environment.

(b) That complies with applicable laws and regulations.

(14) Remediation procedures selected pursuant to paragraphs (F)(1) and (F)(2) of this rule shall be considered complete when compliance with the ground water concentration levels established under paragraph (F)(6) of this rule have been achieved, and all actions required to complete the remediation procedure have been satisfied.

(15) Upon completion of the remediation procedure, the owner or operator shall submit certification that the remediation procedure has been completed to Ohio EPA. The certification shall be signed by the owner or operator and by an independent professional skilled in the appropriate technical discipline.

(16) When, upon receipt of the certification and in consideration of any other relevant information, the director determines that the remediation procedure has been completed in accordance with paragraph (F)(14) of this rule, the director shall release the owner or operator from continuing performance of the approved remediation procedure. This approval shall not exempt the owner or operator from meeting the requirements of paragraphs (F)(9) and (F)(10) of this rule.

(17) The owner or operator shall submit, upon implementation of the remediation procedure chosen under paragraph (F)(7) of this rule, a report of the activities being conducted at the facility as part of implementation of the chosen remediation procedure. 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.

View Appendix

Last updated May 28, 2021 at 10:02 AM

Supplemental Information

Authorized By: 3734.02, 3734.12
Amplifies: 3734.02, 3734.12
Five Year Review Date: 5/28/2026
Prior Effective Dates: 1/13/1992
Rule 3745-30-09 | Final closure of residual waste landfill facilities.
 

(A) The owner or operator of an industrial landfill or residual landfill facility shall have a "final closure/post-closure plan" that includes the following, with all engineering information signed and sealed by a professional engineer registered in Ohio:

(1) The name and location of the facility.

(2) Any variances or exemptions from the requirements of this rule or rule 3745-30-10 of the Administrative Code, or any alternative cap material or thickness or cap slope, or any alternative schedule for completing final closure activities.

[Comment: If a variance, exemption, or alternative is identified, the request must be submitted and prior approval must be received; otherwise, the rule requirements are applicable and enforceable.]

(3) The name, address, and telephone number of the person or office to contact regarding the industrial landfill or residual landfill facility during the final closure and post-closure care periods.

(4) The following information to be presented in the same manner as outlined in rule 3745-30-05 of the Administrative Code:

(a) Plan drawings of the horizontal limits and top elevations of waste and the cap system, surface water control structures including permanent ditches to control run-on and runoff, and sedimentation ponds including the inlet and outlet.

(b) An established grid system with northings and eastings not more than five hundred feet apart.

(c) Detail drawings of the cap system including but not limited to the relationship of the cap system to the leachate collection system and recompacted soil liner, 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) The ground water detection monitoring plan.

(g) The financial assurance information contained in rules 3745-27-15 and 3745-27-16 of the Administrative Code, as applicable.

(5) Explosive gas monitoring plan, for industrial landfill or residual landfill facilities that are required to have an explosive gas monitoring system pursuant to paragraph (C) of rule 3745-30-05 of the Administrative Code.

(6) The installation schedule for any explosive gas control systems, landfill gas vents, or extraction systems.

(7) Description of anticipated measures to control erosion during closure.

(B) The owner or operator shall complete final closure of the industrial landfill or residual 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.

(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 paragraph (F) of this rule. The owner or operator shall begin mandatory closure activities for an industrial landfill or a residual landfill facility upon the occurrences of any of the following:

(1) The owner or operator declares that no more IMW will be accepted for disposal at the industrial landfill or residual landfill facility.

(2) A solid waste license issued for the industrial landfill or residual landfill facility has expired, and another license has not been applied for in the manner prescribed in Chapter 3745-501 of the Administrative Code.

(3) All approved limits of IMW placement have been reached.

(4) A solid waste license issued for the industrial landfill or residual landfill facility has expired, and another license has been applied for and denied as a final action.

(5) A solid waste license issued for the industrial landfill or residual landfill facility has been revoked as a final action.

(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 industrial landfill or residual landfill facility will cease to accept solid waste if final closure is to be triggered in accordance with paragraph (C)(1), (C)(2), or (C)(3) of this rule. Such notice shall be provided not less than ninety days prior to the anticipated date on which IMW 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 licensing authority.

(b) The single county or joint county solid waste planning district in which the facility is located.

(c) Ohio EPA.

(3) Concurrently with the submission of the notice required by 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 industrial landfill or residual landfill facility stating, in letters not less than three inches high, that the industrial landfill or residual landfill facility will no longer accept IMW. The sign shall include the anticipated date that waste will cease to be accepted. This paragraph does not apply to an industrial landfill or a residual landfill facility owned by a generator exclusively disposing of solid wastes generated at the premises owned by the generator.

(4) Not less than thirty days prior to the anticipated date on which the facility will cease to accept solid waste, notice shall be provided by certified mail or any other form of mail accompanied by a receipt to Ohio EPA 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 licensing authority, as to the actual date that the industrial landfill or residual landfill facility ceased to accept IMW. Notification shall be sent to Ohio EPA and the licensing authority not later than seven days after the date specified in the notification.

(F) The owner or operator shall begin final closure activities not later than seven days after any of the occurrences in paragraph (C) of this rule. At a minimum, final closure activities shall include the following:

(1) Blocking, by locked gates, fencing, or other sturdy obstacles, of all entrances and access roads to the industrial landfill or residual landfill facility to prevent unauthorized access during the final closure and post-closure periods.

(2) Posting a sign as to be easily visible from all access roads leading onto the industrial landfill or residual landfill facility, stating in letters not less than three inches high that the industrial landfill or residual landfill facility no longer accepts IMW.

(3) Construction of a cap system in all areas of IMW placement to minimize infiltration and serve as a barrier to prevent leachate outbreaks. This paragraph does not apply to those areas which have been capped prior to the effective date of this rule in accordance with paragraph (H) of rule 3745-30-14 of the Administrative Code, as effective on August 15, 2003, or in accordance with paragraph (G) of rule 3745-29-11 of the Administrative Code, as effective on August 15, 2003. At a minimum, the cap system shall be constructed in accordance with rule 3745-30-07 of the Administrative Code and consist of the following:

(a) Components meeting the specifications of design (1)(a) or (1)(b) as identified in the appendix to this rule.

(b) For a facility with disposed waste generally having a permeability less than 1 x 10-5 cm/sec, design (1)(a), (1)(b), or (2) as identified in the appendix to this rule.

(c) For a facility with disposed putrescible waste, active or passive gas control structures to relieve pressure from gas trapped below a flexible membrane liner in the cap system.

(d) Comparable materials or thicknesses for the soil barrier layer and protection layer if approved by the director.

(e) A minimum slope of five per cent and a maximum slope of twenty-five per cent, or an alternative slope based on stability analyses. The cap system shall have a maximum projected erosion rate of five tons per acre per year.

(f) Any penetrations into the cap system shall be sealed so that the integrity of the soil barrier layer is maintained.

(4) Installation of the required 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 IMW has been placed and institute measures to control erosion.

[Comment: The minimum slope standard in rule 3745-30-07 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.]

(5) Design, installation, and maintenance of a ground-water monitoring system in accordance with rule 3745-30-08 of the Administrative Code, if not in place.

(6) A notation on the plat and deed to the industrial landfill or residual landfill facility property, or on some other instrument which is normally examined during title search that will in perpetuity notify any potential purchaser of the property. The notation shall be recorded by the owner or operator and describe the impacted acreage, exact location, depth, volume, and nature of the IMW deposited in the industrial landfill or residual landfill facility.

(7) Continued compliance with rule 3745-30-14 of the Administrative Code and all monitoring and reporting activities required during the operating life of the industrial landfill or residual landfill facility until the closure certification is submitted and the post-closure care period begins.

(G) Final closure activities shall be completed not later than one year after after any of the occurrences in paragraph (C) of this rule unless an alternative schedule has been authorized by Ohio EPA.

(H) Final closure certification. Not later than ninety days after the completion of final closure activities, the owner or operator shall submit to Ohio EPA and to the licensing authority a written certification report signed and sealed by a professional engineer registered in Ohio. The final closure certification shall include verification that the industrial landfill or residual 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 cap system with the date of submittal and a topographic map of the entire industrial landfill or residual landfill facility showing the areas certified by each report. The map shall also show the horizontal limits of waste placement and the surface water control structures including permanent ditches to control run-on and runoff, and the following if present, the sedimentation pond including the inlet and outlet, the outlet of any permanent ground water control structures, and the explosive gas control system.

(2) A demonstration that the ground water monitoring system meets the requirements of rule 3745-30-08 of the Administrative Code.

(3) A copy of the plat and deed or other instrument that is normally examined during a title search, showing the notation required by paragraph (F)(6) 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 all entrances and access roads have been blocked as required by paragraph (F)(1) of this rule, and the sign required by paragraph (F)(2) has been posted.

(I) The board of health or the director, or an authorized representative, upon proper identification, may enter the industrial landfill or residual landfill facility at any time during the final closure period for the purpose of determining compliance with this rule.

View Appendix

Last updated May 28, 2021 at 10:02 AM

Supplemental Information

Authorized By: 3734.02, 3734.12
Amplifies: 3734.02, 3734.12
Five Year Review Date: 5/28/2026
Prior Effective Dates: 1/13/1992, 5/18/2015
Rule 3745-30-10 | Post-closure care of residual waste landfill facilities.
 

(A) The post-closure care period begins when the certification required by paragraph (H) of rule 3745-30-09 of the Administrative Code has been submitted for the industrial landfill or residual landfill facility. The owner or operator shall conduct post-closure care activities at the industrial landfill or residual landfill facility for a minimum of fifteen years. If putrescible waste was accepted for disposal, the owner or operator shall conduct post-closure care activities for a minimum of thirty years.

(B) Post-closure care activities for the industrial landfill or residual 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, cap system, and stability of the industrial landfill or residual landfill facility including making repairs to the cap system as necessary to correct the effects of slope failure, settling, subsidence, ponding, erosion, or other events, and preventing run-on and runoff from eroding or otherwise damaging the access road or cap system. If vegetation covers less than seventy-five per cent of the cap system, the owner or operator shall reseed and if appropriate, amend the soil.

(3) Maintaining the sign stating that the industrial landfill or residual landfill facility no longer accepts IMW for two years after final closure activities have been completed.

(4) Continuing operation and maintenance of the leachate management system. In addition, the owner or operator shall do the following:

(a) Replace or repair the lift station pump within twenty-four hours of discontinued operation.

(b) If leachate generation suddenly decreases, visually or physically inspect the collection pipe network of the leachate management system to ensure that clogging has not occurred.

(c) Not store leachate within the limits of waste placement unless authorized in writing by the director.

(d) If a substantial threat of water pollution exists from leachate entering surface waters, monitor the surface water upon orders from the director or health commissioner.

(5) Repairing any leachate outbreaks detected at the industrial landfill or residual landfill facility by doing the following:

(a) Containing and properly managing the leachate at the industrial landfill or residual landfill facility.

(b) Collecting, treating, and disposing of the leachate including following the contingency plan for leachate storage and disposal prepared pursuant to rule 3745-30-14 of the Administrative Code, as necessary.

(c) Taking action to minimize, control, or eliminate the conditions that contribute to the production of leachate.

(6) Quarterly inspection of the industrial landfill or residual 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 (B)(1) to (B)(5) of this rule.

(7) Fulfilling all monitoring and reporting requirements in accordance with rule 3745-30-08 of the Administrative Code for ground water, with any applicable explosive gas requirements contained in rule 3745-27-12 of the Administrative Code, and with any monitoring required by any orders or authorizing documents. The post-closure care period may be shortened for explosive gas monitoring in accordance with rule 3745-27-12 of the Administrative Code.

(8) Submitting a report to the appropriate Ohio EPA district office and approved health department not later than the first day of April of each year, which contains the following:

(a) A summary of the quantity of leachate collected for treatment and disposal on a monthly basis during the year, and the location of leachate treatment or disposal.

(b) Results of analytical testing of an annual grab sample of leachate for the parameters specified in paragraph (A) of rule 3745-30-03 of the Administrative Code. The grab sample shall be obtained from the leachate management system at a location before the leachate exits the limits of waste placement.

(c) A summary of the condition 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 industrial landfill or residual landfill facility.

(d) The most recent updated post-closure care cost estimate in accordance with rule 3745-27-16 of the Administrative Code.

(e) A statement that, to the best of the knowledge of the owner or operator, the information contained in the annual report is true and accurate.

(9) Retaining of records and reports generated by paragraphs (B)(6) to (B)(8) of this rule 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.

(10) Maintaining financial assurance for post-closure care activities, in accordance with rule 3745-27-16 of the Administrative Code.

(C) Upon completion of the post-closure care period, the owner or operator shall submit to Ohio EPA written certification that the industrial landfill or residual landfill facility has completed post-closure activities in accordance with this rule and the final closure/post-closure plan. This 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) A summary of any on-going ground water assessment or corrective measures.

(3) A summary of explosive gas migration and generation by the landfill.

(4) An assessment of the integrity and stability of the cap system if post-closure care activities cease.

[Comment: If the owner or operator demonstrates an improvement to leachate quality, that the quantity of leachate generated will not cause an outbreak or slope failure, that ground water monitoring is no longer needed, that the facility is not generating explosive gas which has the potential to migrate through the subsurface, and that the cap system will maintain its integrity and stability if post-closure care activities cease, the director may release the owner or operator from continuing post-closure care activities.]

(D) The owner or operator may request to discontinue or revise any of the activities contained in paragraph (B) 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.]

(E) The board of health, the director, or an authorized representative, upon proper identification, may enter any closed industrial landfill or residual landfill facility at any time during the post-closure care period for the purpose of determining compliance with this rule.

Last updated May 28, 2021 at 10:03 AM

Supplemental Information

Authorized By: 3734.02, 3734.12
Amplifies: 3734.02, 3734.12
Five Year Review Date: 5/28/2026
Prior Effective Dates: 1/13/1992, 5/18/2015
Rule 3745-30-14 | Operation of residual waste landfill facilities.
 

(A) Applicability. The owner or operator of an industrial landfill or a residual landfill facility shall comply with the requirements and operational criteria specified in this rule until the final closure certification required by rule 3745-30-09 of the Administrative Code is submitted and the post-closure care period begins.

(B) Compliance.

(1) The owner or operator shall conduct operations at an industrial landfill or a residual landfill facility in strict compliance with the terms and conditions of the solid waste disposal license issued for the facility in accordance with Chapter 3745-501 of the Administrative Code.

(2) For a an industrial landfill or residual landfill facility with a plan approval issued by the Ohio department of health, an operational report submitted in accordance with paragraph (J) or (K) of rule 3745-27-09 of the Administrative Code, as effective July 29, 1976, or a permit to install approved prior to January 1, 1980, the owner or operator shall conduct operations in strict compliance with the plan approval, operational report, or a permit to install, whichever document is applicable, unless the owner or operator has obtained written concurrence from Ohio EPA for the alteration of the industrial or residual landfill facility or the owner or operator has obtained a permit to install prior to modifying the industrial or residual landfill facility. For other industrial landfill or residual landfill facilities, the owner or operator shall conduct construction and operation in strict compliance with the applicable authorizing document, a permit to install, a plan approval, an operational report, an approved final closure plan, or an alteration concurred with in writing by Ohio EPA.

(3) The owner or operator shall operate the facility in such a manner that noise, dust, and odors are strictly controlled so as not to cause a nuisance or a health hazard.

(4) The owner or operator of an industrial landfill or a residual landfill facility disposing of IMW as defined in paragraph (I)(1)(c) of rule 3745-30-01 of the Administrative Code shall operate the facility in such a manner that the attraction, breeding, and emergence of insects, rodents, and other vectors are strictly controlled so as not to cause a nuisance or a health hazard.

(5) The owner or operator shall operate the facility in such a manner that the operation does not cause water pollution pursuant to Chapter 6111. of the Revised Code and does not violate any regulation adopted pursuant to Chapter 3704. of the Revised Code.

(6) The owner or operator shall comply with the following:

(a) The applicable design, construction, and testing specifications contained in rule 3745-30-07 of the Administrative Code.

(b) The ground water monitoring, assessment, and corrective measures requirements contained in rule 3745-30-08 of the Administrative Code.

(c) The financial assurance requirements contained in rules 3745-27-15, 3745-27-16, 3745-30-09, and 3745-30-10 of the Administrative Code.

(C) Construction certification, approval, and compliance.

(1) Any oil wells and gas wells within the proposed limits of IMW placement shall be properly plugged and abandoned in accordance with Chapter 1509. of the Revised Code.

(2) Construction certification and concurrence. After the installation of any of the engineered components specified in rule 3745-30-07 of the Administrative Code, other than the cap system, in any phase of an industrial landfill or a residual landfill facility, the owner or operator shall not accept waste in the phase until the following occur:

(a) A certification report for that phase, prepared in accordance with rule 3745-30-07 of the Administrative Code, has been submitted to Ohio EPA and the licensing authority.

(b) The owner or operator has received written concurrence from the appropriate Ohio EPA district office for the specific components of that phase specified in rule 3745-30-07 of the Administrative Code and any applicable authorizing document.

(c) The owner or operator has received written acknowledgment from the appropriate Ohio EPA district office that the calculated cost estimate for closure and post-closure care has been received and that the financial assurance mechanism is adequately funded.

(3) Construction compliance. Upon discovery by the owner or operator, or upon notification by Ohio EPA, that a failed test or alternation has occurred in construction of any engineered component or portion of an industrial landfill or a residual landfill facility, the owner or operator shall comply with the procedures outlined in this paragraph.

(a) Failed test. For the purposes of this rule, a "failed test" occurs when a test performed on a component of the industrial landfill or residual landfill facility yields a result that does not meet the specifications outlined in the applicable authorizing document specified in paragraph (B) of this rule or other requirements of this chapter. If, prior to submission of the construction certification report for the component or portion of the industrial landfill or residual landfill facility, the owner or operator determines that there is a "failed test," the owner or operator shall do the following:

(i) Assess the component or portion of the facility to determine if construction is in compliance with the applicable authorizing document or other requirements of these rules.

(ii) Implement measures to attain compliance with the applicable authorizing document or other requirements of these rules. An area with a verified failure shall be reconstructed and retested at a frequency sufficient to demonstrate to Ohio EPA that compliance has been achieved.

(b) Alteration. If, prior to submission of the construction certification report for the component or portion of the industrial landfill or residual landfill facility, the owner or operator determines that there is an alteration, the owner or operator shall do the following:

(i) Include the applicable testing results and an explanation of the alteration in the certification report "alterations" section as specified in rule 3745-30-07 of the Administrative Code.

(ii) Provide a demonstration in the certification report that the alteration is at least equivalent to the requirement in the applicable authorizing document or other requirements of these rules.

(iii) Submit the certification report to Ohio EPA and the licensing authority.

(iv) Continue to comply with paragraph (C)(1) of this rule.

[Comment: Paragraph (C)(3)(b) of this rule applies only to a change that qualifies as an alteration as that term is defined in rule 3745-27-01 of the Administrative Code. Rule 3745-27-02 and paragraph (A) of rule 3745-30-05 of the Administrative Code require an owner or operator to obtain a permit to install prior to the establishment of a new, or modification of an existing industrial landfill or residual landfill facility. Obtaining concurrence for an alteration in accordance with the procedures outlined in paragraph (C)(3) of this rule does not relieve the owner or operator from liability for failure to obtain a permit to install to modify the facility if the change being addressed constitutes a modification.]

(c) Detection after submission of certification report. If the owner or operator determines that the certification report is in error because a "failed test" or an alteration was detected after submission of the construction certification report to Ohio EPA, the owner or operator shall do the following:

(i) Notify the appropriate Ohio EPA district office and the licensing authority of the noncompliance by phone not later than twenty-four hours after discovery and in writing not later than seven days after discovery.

(ii) Not later than fourteen days after submitting the written notification required by paragraph (C)(3)(c)(i) of this rule, either of the following:

(a) Implement compliance with the applicable steps outlined in paragraph (C)(3)(a) of this rule and amend and resubmit the construction certification report to explain the circumstances and how compliance was achieved.

(b) Submit the information required by paragraph (C)(3)(b) of this rule.

[Comment: Compliance with paragraph (C)(3)(c) of this rule does not relieve the owner or operator from liability for failure to construct or operate the industrial landfill or residual landfill facility in strict compliance with the applicable authorizing documents, other requirements of these rules, or failure to submit a certification report that is true, accurate, and complete as required by the construction certification requirements of rule 3745-30-07 of the Administrative Code.]

(4) The owner or operator shall maintain the integrity of the engineered components of the industrial landfill or residual landfill facility and repair any damage to or failure of the components. "Engineered components" include the components described in rule 3745-30-07 of the Administrative Code and components of the monitoring system installed in accordance with rule 3745-30-08 of the Administrative Code. The owner or operator shall investigate and reconstruct failed or damaged engineered components in strict compliance with the existing applicable authorizing documents and if a redesign is necessary, obtain prior approval of an alteration or a modification.

(D) Select waste. The owner or operator shall do the following:

(1) Place select waste as the first layer of waste in areas within the limits of waste placement adjacent to or in contact with the leachate collection system to protect the composite liner from the intrusion of objects during operation of the facility. The select waste layer shall conform to the following:

(a) Be spread but not compacted.

(b) Not consist of items over two feet in length.

(c) Not restrict the flow of liquid to the leachate collection system.

(d) Not contain fines or small particles that can clog the leachate collection system.

(e) Be placed above the leachate collection layer such that the minimum distance between the composite liner and general waste placement is the greater of the following:

(i) Two feet.

(ii) Twice the length of the largest general waste item.

(2) The owner or operator shall note the following information in the daily log:

(a) The date on which the select waste layer was placed.

(b) The location of the cell or phase where the select waste layer was placed.

(c) The thickness of the select waste layer.

(d) The source of the select waste layer.

(E) General operational criteria.

(1) Access.

(a) The owner or operator shall construct and maintain all-weather access roads within the facility boundary in such a manner as to withstand the anticipated degree of use and allow passage of the loaded refuse vehicles at all times, with minimum erosion and dust generation.

(b) The owner or operator shall limit access to the facility by non-employees except during operating hours when operating personnel are present. The owner or operator shall, at all times, limit access to the facility as necessary to prevent scavenging and salvaging operations not conducted in accordance with paragraph (E)(4) of this rule. This paragraph shall not apply to the board of health, the director, or an authorized representative, who, upon proper identification, may enter the facility at any time to determine compliance with this chapter.

(2) The owner or operator shall clear naturally occurring vegetation to the extent necessary for proper operation of the facility.

(3) Equipment.

(a) If the IMW disposed at the facility poses a threat of fire, the owner or operator shall have adequate equipment, material, and services available at or near the facility to control fire. The owner or operator shall act immediately to control or extinguish any fire.

(b) The owner or operator shall ensure that operable equipment of adequate size and quantity for the operations of the facility is available at all times, or that a prepared contingency plan is implemented to properly handle and dispose of waste materials in the event of equipment failure.

(4) Scavenging and salvaging. The owner or operator may only conduct salvaging in a manner authorized by Ohio EPA. Scavenging is prohibited.

(5) Personnel. The owner or operator shall ensure that any individual meeting the definition of operator specified in rule 3745-27-01 of the Administrative Code shall be thoroughly familiar with the proper operational procedures, license, permits, and other authorizations pertaining to the facility.

(6) Inclement weather. The owner or operator shall ensure preparations have been made such that, during inclement weather, the industrial landfill or residual landfill facility is able to receive, compact, and cover incoming IMW. The preparations shall include but need not be limited to designation and preparation of areas where IMW will be deposited, compacted, and covered during inclement weather, construction and maintenance of all-weather access roads leading from the point where loaded vehicles enter the site to the inclement weather areas, and stockpiling of cover material.

(7) Waste acceptance and placement.

(a) Prior to accepting IMW at a unit of a new industrial landfill or residual landfill facility, in any unit of a lateral expansion area, or in a vertical expansion approved on or after March 1, 1990, the owner or operator shall comply with the applicable requirements for leachate treatment or disposal, discharges to surface waters, management of surface water runoff, and air emissions.

(b) Prior to accepting IMW in the first unit of a new industrial landfill or residual landfill facility, the owner or operator shall ensure the facility has been inspected by the licensing authority and that written concurrence has been received from Ohio EPA stating that the facility is ready to begin accepting IMW for disposal.

(c) The owner or operator shall not begin filling in a new phase, without completing the previous phase except to the extent necessary for the proper operation of the industrial landfill or residual landfill facility.

(d) The owner or operator shall confine unloading of waste materials to the smallest practical area. The owner or operator shall ensure that each unloading area is supervised by a person or persons knowledgeable regarding operations at the working face.

(e) The owner or operator shall not deposit waste that is burning or is at a temperature likely to cause fire at the working face. Prior to placing the waste at the working face, the owner or operator shall deposit such material in a separate location that is at a sufficient distance from the working face to prevent fires from spreading to the working face and shall immediately extinguish the fire or lower the temperature of the waste.

(f) The owner or operator shall employ necessary means to ensure that dusty materials are handled, compacted, and covered in such a manner as to minimize the amount of dust that is generated by those materials.

(g) The owner or operator shall exclusively accept for disposal wastes authorized by the director. Except as provided in paragraphs (D)(1) and (E)(7)(e) of this rule, the owner or operator shall ensure that IMW admitted to the industrial landfill or residual landfill facility is deposited at the working face and spread in layers and compacted to the smallest practical volume.

(h) The stability of the IMW fill shall be sufficient to support the equipment necessary for daily operations, including waste deposition at the working face, for the spreading of waste in layers, and if appropriate, for waste compaction. The stability of the IMW fill shall also be sufficient to facilitate the application of intermediate cover and the construction of the final cap system as required by paragraph (H) of this rule. IMW shall be deposited at the working face except as otherwise provided by paragraphs (D) and (E)(7)(e) of this rule.

(i) The owner or operator may mix one or more wastes that meet the requirements in paragraph (B) of rule 3745-30-03 of the Administrative Code to improve fill stability or to comply rule 3745-30-03 of the Administrative Code. For a residual landfill facility, the mixture cannot include any IMW that does not meet the characterization criteria for disposal in the residual landfill facility.

(8) Disposal restrictions. The owner or operator shall not accept for disposal or dispose of any of the following materials at an industrial landfill or a residual landfill facility:

(a) Asbestos or asbestos-containing waste material that is subject to the provisions of NESHAP, 40 CFR Part 61, subpart M.

(b) Containerized bulk liquids or non-containerized liquids without authorization from the director.

(c) Materials that are defined as hazardous wastes pursuant to rule 3745-51-03 of the Administrative Code.

(d) Polychlorinated biphenyls (PCB) wastes.

(e) Low-level radioactive wastes as specified in section 3734.027 of the Revised Code.

(f) Semi-solid material containing free liquids, as determined by results obtained from conducting method 9095B - "Paint Filter Liquids Test" in SW-846, third edition: "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods," on the semi-solid material, unless the owner or operator has obtained prior written authorization from Ohio EPA to dispose of that semi-solid material in the facility.

(9) The owner or operator shall perform chemical compatibility testing if Ohio EPA determines that such testing is necessary to demonstrate that the IMW to be received at the industrial landfill or residual landfill facility will not compromise the integrity of any material used to construct the industrial landfill or residual landfill facility.

(10) The owner or operator shall employ reasonable measures to collect, properly contain, and dispose of scattered litter.

(11) Daily log of operations.

(a) The owner or operator shall keep a daily log of operations of the facility that contains all the information specified on forms prescribed by the director. All entries required by the log form shall be completed. The owner or operator of the facility may use alternative forms, either in paper or electronic formats, for the daily log of operations provided that all of the information requested on the prescribed forms is present. The daily log shall include at a minimum the following:

(i) Name, location, and contact information.

(ii) Name and signature of the person entering the information into the log of operations.

(iii) Information regarding each load, hauler and vehicle or container, and the generator.

(iv) The description and amount of unauthorized material discovered at the facility and actions taken in response.

(v) Information regarding any incident of damage or failure of an engineered component, and observations of nuisance conditions.

(vi) Inspection documentation.

(vii) Any other information required to be recorded by this chapter and Chapter 3745-502 of the Administrative Code to be recorded on the log of operations, and any other information the director may require to document compliance with Chapter 3734. of the Revised Code.

(b) A copy of the log shall be available for inspection by the board of health, the director, or an authorized representative during normal operating hours.

(c) When required by Ohio EPA, the owner or operator shall submit log forms or summaries of daily logs to the board of health or Ohio EPA.

(d) The owner or operator shall make the completed daily logs available for inspection at the facility for a minimum of three years. The records retention period may be extended during the course of any unresolved litigation or when so requested by Ohio EPA. The three-year period for retention of records shall begin on the date the daily log form is completed.

(12) Inspection.

(a) The owner or operator shall inspect the industrial landfill or residual landfill facility at least daily for ponding, erosion, and leachate outbreaks. Written results of the inspections, including any corrective actions employed, shall be made available to the board of health, Ohio EPA, or an authorized representative upon request.

(b) The owner or operator shall inspect sedimentation ponds and sedimentation pond discharge structures, including pipes, ditches, and culverts, at least weekly for erosion, clogging, or failure, and take prompt corrective action, if necessary. A log including inspection results, any corrective actions, and the date and weather conditions for any water quality samples shall be maintained and provided to Ohio EPA or the licensing authority upon request.

(13) Approved permit to install, detail plans and specifications. The owner or operator shall ensure that a copy of the approved permit to install, detail plans, specifications and information is maintained at the industrial landfill or residual landfill facility and is available and may be inspected by the board of health, the director, or an authorized representative upon request during normal operating hours.

(14) The owner or operator of a facility shall not admit waste materials to any area of the facility until site preparations for that area have been completed, necessary equipment has been brought to the facility, the facility has been adequately prepared for operation, and the prepared site has been inspected by the licensing authority or Ohio EPA.

(15) Sedimentation ponds shall be cleaned out completely, to ensure the proper operation of the ponds, when the volume of settled particles necessitates cleaning based either on inspection results or on the sediment pond design calculations required by paragraph (C)(6)(j) of rule 3745-30-05 of the Administrative Code.

(16) Financial assurance.

(a) The owner or operator shall annually review, analyze, adjust, and submit the final closure cost estimate and post-closure care cost estimate in accordance with paragraph (D) of rule 3745-27-15 and paragraph (D) of rule 3745-27-16 of the Administrative Code.

(b) The owner or operator shall revise and submit the financial assurance instrument in accordance with paragraph (D) of rule 3745-27-15 and paragraph (D) of rule 3745-27-16 of the Administrative Code.

(F) Daily cover. The owner or operator shall apply daily cover as follows:

(1) The daily cover requirement for an industrial landfill or residual landfill facility that disposes of waste that is putrescible, odorous, dusty, combustible or reacts exothermically will be determined on a site specific basis in evaluating either a permit to install application or an industrial landfill or a residual landfill facility license. An alternative frequency may be authorized to provide comparable and adequate protection.

(2) Apply daily cover to exposed IMW by the end of the working day to control fire hazards, blowing litter, odors, insects, vectors, and rodents. IMW shall not be exposed for more than twenty-four hours after unloading. Daily cover material shall be nonputrescible, shall not contain large objects in such quantities as may interfere with its application and intended purpose, and shall not be IMW, unless the owner or operator has received prior, written authorization in accordance with paragraph (F)(4)(a) of this rule.

(3) Remove daily cover applied in an area served by a leachate management system or prepare the daily cover as necessary so the flow of leachate to the leachate management system within the limits of waste placement is not impeded.

(4) Alternative daily cover.

(a) Ohio EPA may authorize IMW to be used as alternative material for daily cover if the IMW is nonputrescible and the owner or operator can demonstrate to Ohio EPA that the proposed IMW provides protection that is comparable to six inches of soil and is protective of human health and the environment. The owner or operator shall obtain written approval to use IMW for daily cover prior to utilizing the IMW.

(b) Ohio EPA may authorize other materials or thicknesses for daily cover if the owner or operator can demonstrate to Ohio EPA that the proposed alternative material or thickness provides protection that is comparable to six inches of soil and is protective of human health and the environment. The owner or operator shall obtain written approval to use an alternative material or thickness for daily cover prior to using the alternative material or thickness.

(G) Intermediate cover. The owner or operator shall apply intermediate cover as follows:

(1) For an industrial landfill or residual landfill facility with disposed waste generally having a permeability greater than 1 x 10-5 cm/sec, apply intermediate cover to filled areas of the facility where additional IMW is not to be deposited for at least one hundred eighty days. Ohio EPA may authorize the use of an alternative time period, if the owner or operator can demonstrate to Ohio EPA that, through use of the alternative time period, infiltration will not be increased.

(2) Employ twelve inches of intermediate cover material that is nonputrescible and has low permeability to water, good compactability, cohesiveness, and relatively uniform texture, does not contain large objects in such quantities as may interfere with its application and intended purpose and is classified as a low plasticity clay (CL) in the "Unified Soil Classification System" described in ASTM D2487. The owner or operator may use other materials or thicknesses for intermediate cover if the owner or operator can demonstrate to Ohio EPA that the proposed intermediate cover material or thickness provides comparable and adequate protection.

(3) Remove or prepare intermediate cover in an area as necessary prior to the placement of the next layer of IMW in that area so as not to impede the flow of leachate to the leachate management system within the limits of IMW placement.

(4) The owner or operator shall perform measures to protect the intermediate cover from erosion.

(H) Final cover. Not later than seven days after reaching the approved final elevations of solid waste placement in a phase, the owner or operator shall begin constructing the final cap system in accordance with rule 3745-30-09 of the Administrative Code.

(I) Scales. The owner or operator of an industrial landfill or a residual landfill facility with an authorized maximum daily waste receipt greater than two hundred tons per day shall use scales as the sole means of determining gate receipts. Scales shall be inspected, tested, and approved by the county auditor or city sealer having jurisdiction where the scale is located and shall meet the specifications, tolerances, and regulatory requirements of section 1327.49 of the Revised Code. This paragraph shall not apply to an industrial landfill or a residual landfill facility owned by the generator that exclusively disposes of IMW generated at one or more premises owned by the generator.

(J) Surface water management.

(1) The owner or operator shall ensure that surface water at an industrial landfill or a residual landfill facility is diverted from areas where IMW is being, or has been, deposited. The owner or operator shall ensure that an industrial landfill or a residual landfill facility is designed, constructed, maintained, and provided with surface water control structures that control run-on and runoff of surface water. These surface water control structures shall ensure minimal erosion and infiltration of water through the cover material and cap system. These surface water control structures shall be designed in accordance with rule 3745-30-07 of the Administrative Code.

(2) If ponding or erosion occurs on areas of the industrial landfill or residual landfill facility where IMW is being, or has been, deposited, the owner or operator shall undertake actions as necessary to correct the conditions causing the ponding or erosion.

(3) If a substantial threat of surface water pollution exists, the board of health or the director may require the owner or operator to monitor the surface water.

(K) Leachate management.

(1) If a leachate outbreak occurs at the industrial landfill or residual landfill facility, the owner or operator shall repair the outbreak and do the following:

(a) Contain and properly manage the leachate at the industrial landfill or residual landfill facility.

(b) If necessary, collect and dispose of the leachate in accordance with paragraphs (K)(5) and (K)(6) of this rule.

(c) Take action to minimize, control, or eliminate the conditions that contribute to the production of leachate.

(2) If the owner or operator utilizes pumps for leachate, the owner or operator shall maintain at least one lift station back-up pump at the industrial landfill or residual landfill facility at all times.

(3) The owner or operator shall inspect the collection pipe network of the leachate management system after placement of the initial lift of IMW and annually thereafter to ensure that clogging of the collection pipe network has not occurred.

(4) If authorized in accordance with rule 3745-30-15 of the Administrative Code, the owner or operator may temporarily store leachate within the limits of waste placement until the leachate can be treated and disposed as specified in the leachate contingency plan required by paragraph (K)(6) of this rule.

(5) The owner or operator shall treat and dispose of collected leachate in accordance with one of the following:

(a) On site at the industrial landfill or residual landfill facility.

(b) Through on-site pretreatment at the industrial landfill or residual landfill facility and off-site disposal.

(c) Off-site of the industrial landfill or residual landfill facility.

(6) The owner or operator shall prepare a contingency plan for the storage and disposal of leachate. The plan shall describe the immediate and long term steps, including the identification of available back-up treatment facilities if applicable, the setting aside of land for the construction and operation of an on-site treatment facility, to be taken for leachate management in the event that collected leachate cannot be managed in accordance with the management option selected in paragraph (K)(5) of this rule.

(7) If a substantial threat of water pollution exists from the leachate entering surface waters, the licensing authority or the director may require the owner or operator to monitor the surface water.

(8) If at any time leachate is evaluated to be hazardous in accordance with rule 3745-52-11 of the Administrative Code, the leachate shall be managed in accordance with Chapters 3745-50 to 3745-69 of the Administrative Code and the generator standards for storage shall apply pursuant to Chapter 3745-52 of the Administrative Code.

(L) [Reserved.]

(M) Annual operational report. The owner or operator of an industrial landfill or a residual landfill facility shall submit an annual operational report to the appropriate Ohio EPA district office and to the licensing authority not later than the first day of April of each year. At a minimum, the annual operational report shall include the following information summarizing the previous calendar year's operations:

(1) A topographic map of the industrial landfill or residual landfill facility, certified by a professional skilled in the appropriate discipline, with updated contour lines on the plan drawing containing information specified in rule 3745-30-05 of the Administrative Code. The scale and contour interval shall be consistent with the approved plans. At a minimum, the owner or operator shall identify the following:

(a) The calendar year that the submittal represents.

(b) The acreage and areal extent of each phase of construction.

(c) The acreage and areal extent of areas that have a final cap system.

(d) The acreage and areal extent of areas that have intermediate cover.

(e) The acreage and areal extent of the current working phase.

(f) The projected phase for filling in the coming year.

(g) Access roads and buildings.

(h) On-site borrow areas and cover material stockpiles.

(i) A comparison of the actual vertical and horizontal limits of emplaced waste to the vertical and horizontal limits of waste placement authorized in the applicable authorizing documents, including an approved permit to install, plan approval, or operational report. This information shall be shown on a cut/fill map. Any areas indicating a cut greater than two feet shall contain notes regarding the precise elevation of waste, the volume, the maximum depth, and the average depth.

[Comment: The submittal of this information does not relieve an owner or operator from complying with applicable authorizing documents or correcting violations.]

(2) For an industrial landfill or residual landfill facility not owned by a generator exclusively disposing of solid wastes generated at the premises owned by the generator, a summary of the daily logs for the previous year.

(3) An estimate of the remaining industrial landfill or residual landfill facility life, in years, and an estimate of the remaining volume of the industrial landfill or residual landfill facility to be filled, in cubic yards.

(4) A summary of the quantity of leachate collected for treatment and disposal on a monthly basis during the year, location of leachate treatment or disposal, and verification that the leachate management system is operating in accordance with this rule.

(5) Results from analytical testing for a minimum of one leachate grab sample for the parameters specified in rule 3745-30-03 and appendix C to rule 3745-30-08 of the Administrative Code. The grab sample shall be obtained from the leachate collection system but if not feasible, then from the leachate management system, and tested according to the test methods specified in rule 3745-30-03 of the Administrative Code. Ohio EPA may require additional leachate sampling and testing in accordance with rule 3745-30-03 of the Administrative Code to re-evaluate the landfill classification.

(6) A report detailing the results of tests required by rule 3745-30-03 of the Administrative Code.

(7) The most recent final closure cost estimate and post-closure care cost estimate which have been revised in accordance with paragraph (E)(16)(a) of this rule.

(8) A summary of any maintenance performed on the leachate management system, ground water monitoring system, explosive gas monitoring system, if required, and any other monitoring and control system installed at the industrial landfill or residual landfill facility or performed in response to paragraphs (J) and (K) of this rule.

(9) The results of the annual evaluation of ground water surface elevation data in accordance with rule 3745-30-08 of the Administrative Code.

(10) A notarized statement that, to the best of the knowledge of the owner or operator, the information contained in the annual report is true and accurate.

(N) Ten-year design demonstration. Upon every tenth anniversary of the effective date of the initial permit to install issued to the owner or operator of the industrial landfill or residual landfill facility pursuant to Chapter 3734. of the Revised Code and each tenth anniversary thereafter, the owner or operator shall submit to Ohio EPA an analysis demonstrating that the unconstructed portions of the industrial landfill or residual landfill facility continue to be consistent with the design standards established in the current version of rule 3745-30-07 of the Administrative Code. If the director determines that the design is no longer consistent with the standards established in the current version of rule 3745-30-07 of the Administrative Code, then the director may require the owner or operator to make the necessary changes to the industrial landfill or residual landfill facility to bring the facility into compliance with the design standards in the current version of rule 3745-30-07 of the Administrative Code. If these changes will result in deviations from what is contained in the current authorizing document, the owner or operator shall obtain the appropriate authorization from the director prior to making the changes. If a permit to install application is required, the director shall not apply the siting criteria outlined in paragraph (B) of rule 3745-30-06 of the Administrative Code, when considering the permit to install application.

[Comment: A deviation may be an alteration, a modification, or an other change depending upon the significance of the deviation. If the deviation represents an alteration, then the owner or operator is required to obtain written concurrence from Ohio EPA prior to making any change to the facility. If the deviation represents a modification, then the owner or operator is required to obtain a permit to install for the modification from Ohio EPA prior to making any change to the facility.]

[Comment: To determine when Ohio EPA does and does not apply siting criteria to the review of an application for a permit to install to modify the facility, see rule 3745-30-06 of the Administrative Code.]

Last updated May 28, 2021 at 10:03 AM

Supplemental Information

Authorized By: 3734.02, 3734.12
Amplifies: 3734.02, 3734.12
Five Year Review Date: 5/28/2026
Prior Effective Dates: 7/1/2004
Rule 3745-30-15 | Variances.
 

Any person may request, in writing to the director, a variance of any provision of rules 3745-27-15, 3745-27-16, 3745-27-17 of the Administrative Code or this chapter. A request for a variance shall follow the procedures in rule 3745-27-03 of the Administrative Code.

Last updated May 28, 2021 at 10:03 AM

Supplemental Information

Authorized By: 3734.02
Amplifies: 3734.02
Five Year Review Date: 5/28/2026
Prior Effective Dates: 8/15/2003