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| Rule |
Rule 3745-535-01 | Solid waste landfills - applicability.
(A) This chapter is the program chapter
for the operation of solid waste landfills. (B) Except as provided in paragraph (D)
of this rule, this chapter is applicable to any person who establishes or is
the owner or operator of a solid waste landfill. (C) In addition to the rules made applicable by reference
in this chapter, the following also apply: (1) Rule 3745-27-06 of
the Administrative Code, which pertains to solid waste landfill permits to
install. (2) Rule 3745-27-07 of
the Administrative Code, which pertains to criteria for approval of solid waste
landfill permits to install. (3) Rule 3745-27-08 of the Administrative
Code, which pertains to solid waste landfill construction. (4) Rule 3745-27-09 of the Administrative
Code, which pertains to the operating record. (5) Rule 3745-27-10 of the Administrative
Code, which pertains to ground water monitoring, assessment, and corrective
measures. (6) Rule 3745-27-11 of the Administrative
Code, which pertains to closure of a solid waste landfill. (7) Rule 3745-27-12 of the Administrative
Code, which pertains to explosive gas monitoring and corrective
measures. (8) Rule 3745-27-14 of
the Administrative Code, which pertains to post-closure care of a solid waste
landfill. (9) Rules 3745-27-15 to 3745-27-18 of the
Administrative Code, which pertain to financial assurance. (10) Rule 3745-27-20 of the Administrative
Code, which pertains to prohibitions and location restrictions. (11) Rule 3745-500-01 of
the Administrative Code, which pertains to the applicability of Chapter
3745-500 of the Administrative Code. (12) Rule 3745-500-35 of the
Administrative Code, which pertains to relationships among authorizing
documents, rules, and the authority of the director and board of
health. (13) Rule 3745-500-210 of the
Administrative Code, which pertains to a variance from this
chapter. (14) Rule 3745-500-220 of the
Administrative Code, which pertains to an exemption from this
chapter. (15) Rule 3745-512-30 of the
Administrative Code, which pertains to construction activities. (16) Rule 3745-512-55 of the
Administrative Code, which pertains to failed tests and
alterations. (17) Rule 3745-512-60 of the
Administrative Code, which pertains to the repair of damaged or failed
engineered components. (18) Chapter 3745-502 of the
Administrative Code, which pertains to solid waste fees. (D) This chapter is not applicable to the
following: (1) Solid wastes
generated within a single-family residence and disposed of on the premises
where generated in a manner that does not create a nuisance or health
hazard. (2) The temporary storage
of solid wastes prior to collection for disposal or transfer. The temporary
storage of putrescible solid wastes in excess of seven days, or temporary
storage of any solid wastes where such storage causes a nuisance or health
hazard in the judgment of the health commissioner or the director or their
authorized representative shall be considered open dumping. (3) The beneficial use of
coal combustion byproducts at coal mining and reclamation operations and
abandoned mine lands that are regulated and authorized by the Ohio department
of natural resources pursuant to section 1513.02 of the Revised
Code. (4) Pond and lagoon
operations regulated under Chapter 6111. of the Revised Code. (5) Sewage sludge
disposal, use, transportation, or storage as approved under Chapter 6111. of
the Revised Code. (6) Land application of
the following solid wastes authorized under Chapters 3734. and 6111. of the
Revised Code, as applicable: (a) Agricultural waste for incorporation into soil as a
soil amendment or for agricultural or horticultural applications, provided that
all of the following conditions are met: (i) The agricultural
waste is limited to source-separated non-processed plant materials including
stems, leaves, vines, roots, and raw vegetables, fruits, and
grains. (ii) The agricultural
waste is land-applied exclusively on fields owned by the owner of the
agricultural production operation that generated the agricultural
waste. (iii) The land
application of the agricultural waste does not create a nuisance or health
hazard in the judgment of the health commissioner or the director. (b) Pulp or paper sludge from wastewater treatment
works. (c) Sawdust. (d) Compost product blended with a solid
waste. (e) Lime-based or gypsum-based waste including but not
limited to flue gas desulfurization sludge, lime kiln, or cement kiln
dust. (7) Tree stumps that are disposed in a
licensed construction and demolition debris facility. (8) Land application of yard waste for
incorporation into soil as a soil amendment, for agricultural or horticultural
applications, or for land reclamation, provided that such land application does
not create a nuisance or health hazard in the judgment of the health
commissioner or the director. (9) The disposal of animals destroyed
because of a dangerously infectious or contagious disease in accordance with
section 941.14 of the Revised Code. (10) An industrial
landfill or residual landfill licensed and permitted in accordance with Chapter
3745-30 of the Administrative Code. (11) The land application
of a beneficial use byproduct that is authorized pursuant to and conducted in
compliance with Chapter 3745-599 of the Administrative Code.
Last updated June 25, 2025 at 6:07 PM
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Rule 3745-535-02 | Definitions.
If a term used in this chapter is defined in rule 3745-500-02 of the Administrative Code, the definition of the term used in rule 3745-500-02 of the Administrative Code is applicable to this chapter unless the term is defined in this rule. As used in this chapter: (A) (1) "Annular space" means the space between the borehole and the casing. (2) "Aquifer" means consolidated or unconsolidated geological units, formations, or series of units or formations that are hydraulically interconnected and that have the ability to receive, store, transmit, and yield water to wells or springs. (3) "Aquifer system" means one or more geological units or formations that are wholly or partially saturated with water and are able to receive, store, transmit, and yield significant amounts of water to wells or springs. (B) "Beneficial use byproduct" has the same meaning as in rule 3745-599-02 of the Administrative Code. (C) [Reserved.] (D) [Reserved.] (E) [Reserved.] (F) "Facility" means solid waste landfill. (G) (1) "Groundwater" has the same meaning as ground water. (2) "Groundwater monitoring program" means the groundwater detection monitoring program, groundwater quality assessment program, the compliance monitoring program, and corrective measures program pursuant to rules 3745-535-800 to 3745-535-860 of the Administrative Code, including all plans and reports submitted under those programs. (3) "Groundwater monitoring system" means the network of monitoring wells installed around a solid waste landfill to monitor for waste-derived releases from the emplaced waste. The groundwater monitoring system includes but is not limited to monitoring wells designated in a monitoring plan for sample withdrawal, piezometers for water level measurements, background or upgradient wells, and any monitoring wells installed to define rate, extent, and concentration. (H) "Household waste" means any solid waste derived from households, including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas. (I) "Industrial landfill" has the same meaning as in rule 3745-30-01 of the Administrative Code. (J) [Reserved.] (K) [Reserved.] (L) [Reserved.] (M) [Reserved.] (N) [Reserved.] (O) [Reserved.] (P) (1) "Phase" means a discrete area of a solid waste landfill, that has been designated to facilitate the systematic construction, operation, and closure of the solid waste landfill. A phase is a discrete area that is part of a unit. (2) "Polychlorinated biphenyls (PCB) waste" has the same meaning as in 40 C.F.R. Part 761. (3) "PQL" means practical quantitation limit. (Q) "Qualified groundwater scientist" means a scientist or engineer who has received a baccalaureate or post-graduate degree in the natural sciences or engineering and has at least five years relevant experience in groundwater hydrology or hydrogeology and related fields to enable that individual to make sound professional judgments regarding groundwater monitoring, contaminant fate and transport, and corrective measures. (R) "Residual landfill" has the same meaning as in rule 3745-30-01 of the Administrative Code. (S) (1) "Secondary aluminum waste" has the same meaning as in section 3734.02 of the Revised Code. (2) "Significant zone of saturation" means a zone of saturation that transmits water at a faster rate than the surrounding geologic units and may act as a preferential pathway of migration away from the limits of solid waste placement. A significant zone of saturation need not be capable of yielding a significant amount of water to a well or developed spring. (T) [Reserved.] (U) "Unit" means a discrete area within the limits of waste placement of a solid waste landfill, for which the owner or operator is authorized to dispose of solid waste, that is delineated by the owner or operator for the purpose of complying with the applicable siting, construction, operational, closure or post-closure care, groundwater monitoring, and financial assurance requirements. (V) [Reserved.] (W) [Reserved.] (X) [Reserved.] (Y) [Reserved.] (Z) "Zone of saturation" means that part of the earth's crust, excluding the capillary zone, in which all voids are filled with water.
Last updated March 2, 2026 at 8:37 AM
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Rule 3745-535-500 | Construction certification.
Not later than three hundred sixty-five days after
installation of an engineered component specified in rule 3745-27-08 of the
Administrative Code, the owner or operator shall do the following: (A) Submit a construction certification report to Ohio EPA and
the approved health district that is prepared, signed, and sealed in accordance
with rule 3745-27-08 of the Administrative Code. (B) Place a copy of the certification report into the operating
record in accordance with rule 3745-27-09 of the Administrative
Code.
Last updated June 26, 2025 at 8:22 AM
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Rule 3745-535-600 | General operations.
(A) Operating personnel. The owner or
operator shall ensure the following: (1) An individual meeting
the definition of operator is thoroughly familiar with the proper operational
procedures, license, permits, and other authorizations pertaining to the
facility. (2) The working face is
supervised by a person or persons knowledgeable regarding operations at the
working face. (B) The owner or operator shall conduct operations at the
facility in accordance with the following: (1) Using scales as the sole means of
determining gate receipts. (2) Ensuring that all scales meet the
specifications, tolerances, and regulatory requirements of section 1327.49 of
the Revised Code and are inspected, tested, and approved by the county auditor
or city sealer having jurisdiction where the scale is located. (3) In compliance with all applicable
authorizing documents, applicable documents to be included in the operating
record as specified in paragraph (I) of rule 3745-27-09 of the Administrative
Code, and this chapter until all closure certifications specified in paragraph
(J) of rule 3745-27-11 of the Administrative Code are submitted and the
post-closure care period begins. (4) Maintain copies of
authorizing documents at the facility that are available for inspection by Ohio
EPA or the approved health district upon request during normal operating
hours. (5) In such a manner that noise, dust,
and odors are strictly controlled so as not to cause a nuisance or health
hazard. (6) 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 health hazard. The owner or
operator shall initiate effective supplemental vector control measures as
deemed necessary by Ohio EPA or the approved health district. (7) Employ all reasonable measures to
collect, contain, and dispose of litter, including the use of wind screens
where necessary and frequent policing of the area. (8) In such a manner that the operation
does not create a nuisnace or a health hazard and does not violate Chapter
3704. or 6111. of the Revised Code or the rules adopted under those
chapters. (9) Such that the following occur upon
detection of a fire at the facility: (a) Measures to control or extinguish the fire are
immediately implemented. (b) Ohio EPA and the approved health district are notified
not later than twenty-four hours after the detection of any fire resulting in
the fire department or other emergency services being contacted to assist with
controlling or extinguishing the fire. (10) Maintain the integrity of the
engineered components of the facility and repair any damage to or failure of
the components. For the purposes of this rule, "engineered
components" include the components described in rule 3745-27-08 of the
Administrative Code and the components of the monitoring system installed in
accordance with rule 3745-27-10 of the Administrative Code. If a redesign is
necessary, the owner or operator shall obtain prior approval of an alteration
or a modification. (C) The owner or operator shall ensure
access to the facility is maintained in accordance with the
following: (1) All-weather access
roads within the facility boundary are constructed and maintained to withstand
the anticipated degree of use and to allow passage of the loaded refuse
vehicles at all times with minimum erosion and dust generation. (2) Live domestic and farm animals are
excluded from the operating areas of the facility, except for animals used for
security purposes. (3) Access is limited except during
operating hours when operating personnel are present. (4) Salvaging is
conducted only by the owner or operator and only if concurred with in writing
by Ohio EPA. (5) Scavenging is not
permitted. (6) To allow Ohio EPA or the approved
health district to enter the facility at any reasonable time to determine
compliance with this chapter. (D) Inclement weather. The owner or operator shall ensure
preparations have been made to ensure the facility is able to receive, compact,
and cover incoming waste during inclement weather that include but are not
limited to the following: (1) The designation and
preparation of areas where waste will be deposited, compacted, and covered
during inclement weather. (2) The construction and
maintenance of all-weather access roads leading from all points where loaded
vehicles enter the site to the inclement weather areas. (3) The stockpiling of
cover material. (E) Equipment. The owner or operator shall have adequate
equipment to operate the facility, including at a minimum the
following: (1) Equipment, material,
and services available at or near the facility to control fire. (2) For facilities
constructed with active pumping systems, pumps to maintain ground water levels
below the bottom elevation of the composite liner system. The owner or operator
shall ensure the depth of ground water within the sump does not exceed the
elevation causing a factor of safety for hydrostatic uplift of less than 1.40
at any location during the operation of the facility. If a pump is inoperable,
the owner or operator shall do the following: (a) Measure and record the depth of water in the sump in
the daily log upon discovery of the inoperable pump. (b) Repair or replace the pump not later than five calendar
days after discovery or notify Ohio EPA not later than forty-eight hours after
discovery of the inoperable pump if the pump will not be repaired or replaced
within five calendar days. (F) Inspections. The owner or operator
shall inspect the facility as follows: (1) A minimum of daily
for ponding, erosion, and leachate outbreaks and record the results, including
a discussion of any corrective actions taken, the date, and weather conditions,
in the daily log in accordance with paragraph (G) of this rule. (2) A minimum of weekly
for erosion, clogging, or failure of sedimentation ponds and sedimentation pond
discharge structures including pipes, ditches, and culverts. The owner or
operator shall record written results of the inspections, including a
discussion of any corrective actions taken, any water quality samples taken,
the date, and weather conditions, in the daily log in accordance with paragraph
(G) of this rule. (G) Daily log of operations. The owner or
operator shall complete and maintain a daily log of operations for each day the
facility is operating that complies with the following: (1) Is completed on forms
prescribed by the director or an alternative form that contains at a minimum
the following: (a) A yearly cover sheet that includes the name, location,
and contact information for the facility. (b) A daily incoming materials log that includes
information regarding the waste type, origin, hauler, and vehicle
identification for each load and may include information regarding the
generator. (c) A daily inspection checklist, including the date, the
name of the person completing the form, information regarding site weather
conditions, equipment in operation at the facility, and the results of the
inspections conducted in accordance with paragraph (F)(1) of this rule
including a discussion of any corrective actions taken. (d) A weekly inspection checklist, including the date, the
name of the person completing the form, information on sedimentation
structures, and the results of the inspections conducted in accordance with
paragraph (F)(2) of this rule including a discussion of any corrective actions
taken. (e) Any other information specified in this chapter,
Chapter 3745-27, or Chapter 3745-502 of the Administrative Code and any other
information the director requests to document compliance with Chapter 3734. of
the Revised Code and the rules adopted thereunder. (2) Is retained and made
available for inspection at the facility for a minimum of five years. Ohio EPA
or the approved health district may extend the retention period upon request,
including during the course of any unresolved litigation. The five-year period
for retention of records shall begin on the date the daily log form is
completed. (H) Upon request, the owner or operator
shall submit log forms or summaries of daily logs to Ohio EPA or approved
health district on forms prescribed by the director or alternate forms that
conform to paragraph (G)(1) of this rule.
Last updated June 26, 2025 at 8:04 PM
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Rule 3745-535-610 | Waste acceptance and placement.
(A) Prior to initial waste acceptance in
a new unit of a new facility, in any unit of a lateral expansion area, or in a
vertical expansion, the owner or operator shall obtain all applicable
authorizations including but not limited to authorizations related to the
following: (1) Leachate treatment
and disposal. (2) Discharges to surface
water. (3) Management of surface
water runoff. (4) Air
emissions. (B) The owner or operator shall not begin
filling in a new phase until the following have occurred: (1) The approved limits
of waste placement in the previous phase have been reached, except to the
extent necessary for the proper operation of the facility. (2) Written concurrence
is received from Ohio EPA that the new phase is in compliance with the
applicable authorizing documents. (3) The financial
assurance instrument has been funded to account for any increases in the
closure cost estimate resulting from the construction of the new
phase. (C) Select waste layer. (1) The owner or operator
shall place select waste as the first layer of waste in all 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 contain items over two feet in length that are
capable of puncturing the liner. (c) Not restrict the flow of liquid to the leachate
collection and management system. (d) Not contain fines or small particles that can clog the
leachate collection system. (e) Be placed as a single lift above the leachate
collection layer such that a minimum distance of five feet is created between
the liner and general waste placement. (2) The owner or operator
shall place into the operating record documentation verifying the placement of
the select waste layer that includes the following: (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 and composition of the material used for the
select waste layer. (D) The owner or operator shall ensure that waste
acceptance and placement is in accordance with the following: (1) Prior to placement in
the working face, deposit waste that is burning or is at a temperature likely
to cause fire in a separate location that is a sufficient distance from the
working face and other combustible material to prevent fires from spreading and
ensure the fire is immediately extinguished or the temperature of the waste is
immediately lowered. (2) Unloading of waste is conducted only
at the working face and is confined to the smallest practical area, except as
follows: (a) When the owner or operator is using areas designated in
accordance with paragraph (D) of rule 3745-535-600 of the Administrative
Code. (b) As specified paragraph (C)(1) or (D)(1) of this
rule. (c) Unless otherwise authorized in writing by Ohio
EPA. (3) Ensure that all waste
admitted to the facility is deposited at the working face, spread in layers not
more than two feet thick, and compacted to the smallest practical volume using
a waste compactor prior to placement of the next lift or daily cover, except as
follows: (a) When the owner or operator is using areas designated in
accordance with paragraph (D) of rule 3745-535-600 of the Administrative
Code. (b) As specified in paragraphs (C)(1), (D)(1), (D)(4), and
(D)(7)(c) of this rule. (c) Unless otherwise authorized in writing by Ohio
EPA. (4) Bulky materials are
compacted or otherwise managed to ensure the proper placement of daily
cover. (5) Dusty materials are
handled, compacted, and covered to minimize the amount of dust
generated. (6) Conducted using
adequate equipment that ensures the specifications of paragraphs (D)(1) to
(D)(5) of this rule are met. (7) If a waste compactor at the working
face becomes inoperable, repair or replace the waste compactor as soon as
practicable and do the following: (a) Note in the daily log the status of the waste
compactor. (b) If all waste compactors are inoperable for more than
seven consecutive days, immediately notify Ohio EPA and the approved health
district that all waste compactors are inoperable. (c) If all waste compactors are inoperable, spread waste
deposited at the working face in layers not more than one foot thick and
compress each layer to the smallest practical volume using a dozer prior to
placement of the next lift or daily cover.
Last updated June 17, 2024 at 8:43 AM
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Rule 3745-535-620 | Disposal restrictions.
(A) The owner or operator shall not
accept for disposal or dispose of any of the following materials: (1) Asbestos or
asbestos-containing waste material that is subject to the provisions of 40
C.F.R. Part 61, subpart M (1984), without the necessary permits. (2) Containerized bulk
liquids or non-containerized liquids. For the purposes of this rule, bulk
liquid containers do not include small containers that are of a size normally
found in household waste. (3) Hazardous
waste. (4) PCB waste, unless
otherwise authorized by 40 C.F.R. Part 761 (1978). (5) Infectious waste,
except as follows: (a) Infectious waste transported and disposed of pursuant
to division (B)(1)(a)(ii) of section 3734.021 of the Revised Code. (b) Infectious waste that has been treated and rendered
non-infectious pursuant to Chapter 3734. of the Revised Code and the rules
adopted thereunder. (6) Source-separated yard
waste, except as follows: (a) Source-separated yard waste resulting from storm damage
or other natural catastrophe, upon written acknowledgment from Ohio EPA or the
local solid waste management district of the temporary need for
disposal. (b) Source-separated yard waste that has been refused by a
composting facility registered or licensed in accordance with Chapter 3745-560
of the Administrative Code. Upon acceptance of the yard waste, the owner or
operator shall obtain documentation of the refused load that identifies the
vehicle, the vehicle's load, the compost facility that refused acceptance
of the yard waste, and the date of refusal on a form prescribed by the director
and place the documentation in the daily log of operations as specified in rule
3745-535-600 of the Administrative Code. (c) Tree trunks and stumps. (7) Whole scrap tires or
shredded scrap tires except as follows: (a) Burned and partially burned scrap tires, pyrolytic oil,
and contaminated soils, provided that those materials meet the definition of a
solid waste. (b) Scrap tire pieces from a licensed scrap tire recovery
facility that are the byproduct of the processing of scrap tires. (c) Whole scrap tires that could not be processed by a
licensed scrap tire recovery facility and are accompanied by documentation from
the licensed scrap tire recovery facility indicating that the load of scrap
tires was rejected. (d) Authorized beneficial uses of scrap tires pursuant to
Chapter 3745-580 of the Administrative Code. (8) Low-level radioactive
waste as specified in section 3734.027 of the Revised Code. (9) Semi-solid material
containing free liquids determined in accordance with "Test Methods for
Evaluating Solid Waste (SW-846)," unless the owner or operator has
obtained prior written authorization from Ohio EPA to dispose of the semi-solid
material in the facility. (10) Technologically
enhanced naturally occurring radioactive material, except technologically
enhanced naturally occurring radioactive material in compliance with divisions
(P) and (Q) of section 3734.02 of the Revised Code. (11) Secondary aluminum
waste or municipal solid waste that has been commingled with secondary aluminum
waste, unless otherwise authorized in accordance with division (O)(3) of
section 3734.02 of the Revised Code. (B) PCB waste and hazardous waste
prevention and detection program. (1) Upon detection of a
suspected PCB waste or hazardous waste, the owner or operator shall do the
following: (a) Place the suspected PCB waste or hazardous waste in a
designated area that is not the working face and manage the waste in a manner
that is protective of human health and the environment. (b) Determine whether the wastes are PCB waste or hazardous
waste. (c) If the waste is confirmed to be PCB waste or hazardous
waste, implement the notifications procedures specified in paragraph (B)(2)(e)
of this rule, manage the PCB waste or hazardous waste in accordance with
applicable state and federal rules and laws, and take such actions as are
necessary to attain compliance with applicable state and federal rules and
laws. (2) The owner or operator shall implement
a written plan at the facility with procedures that are sufficient to detect
and prevent the disposal of PCB waste and hazardous waste and contains at a
minimum the following: (a) A detection program consisting of at a minimum one of
the following: (i) A random inspection program where the owner or operator
inspects incoming loads at the facility as follows: (a) By means of a random numbers table or other equivalent
method established prior to the start of the business day. (b) At a frequency sufficient to ensure that incoming loads
do not contain regulated PCB waste or hazardous waste, but not less than one
inspection per fifty incoming loads. (c) The owner or operator may exclude loads exclusively
from community operations, such as waste derived from households including
single and multiple residences, hotels and motels, bunkhouses, ranger stations,
crew quarters, campgrounds, picnic grounds, and day-use recreation
areas. (ii) A pre-acceptance waste screening program that includes
at a minimum the following: (a) A description of the type of wastes, characteristics,
and samples that need evaluation by the owner or operator prior to acceptance
at the facility. (b) A specification, based on the type of waste, that the
owner or operator obtain a written description of the waste from the generator
of the waste including its source, physical and chemical characteristics and
analytic data if available, and certification that the material does not
contain PCB waste or hazardous waste. (c) A specification, based on the type of waste, that the
owner or operator obtain a representative sample of the waste from the
generator, a certification from the generator that the sample is representative
of the waste stream, and a description of the circumstances in which sample
analysis is necessary. (d) A description of the procedures and personnel,
including professional qualifications, responsible for determining waste
acceptance and for documenting a decision on waste acceptance. (b) Procedures to be implemented upon detection or
suspected detection of PCB waste or hazardous waste. (c) Procedures for creating and maintaining records,
including inspection records, generator certifications, waste screening
documentation, and notifications. (d) Procedures for training of facility personnel for
personal safety and to recognize regulated hazardous waste and PCB
waste. (e) Procedures for notifying the appropriate Ohio EPA
district office and approved health district upon the discovery of a regulated
hazardous waste or PCB waste at the facility including a notification to Ohio
EPA and the approved health district not later than twenty-four hours by
telephone and not later than seven days in writing. The notification shall
identify all generators, transporters, and brokers of the wastes and indicate
where the waste was disposed of at the facility, if applicable. (C) Incorporation by reference. The text
of the incorporated materials is not included in this rule and is 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 include specifications of the "Test
Methods for Evaluating Solid Wastes, Physical/Chemical Methods, third edition,
including Volume IV, Field Manual (SW-846)." Information and copies may be
obtained by writing to: "National Technical Information Service, U.S.
Department of Commerce, 5301 Shawnee Road, Alexandria, VA 22312." The full
text is also available in electronic format at
https://www.epa.gov/hw-sw846/sw-846-compendium. These test methods are also
available for inspection and copying at most public libraries and "The
State Library of Ohio."
Last updated June 26, 2025 at 9:20 AM
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Rule 3745-535-630 | Daily, intermediate, and final cover.
(A) Daily cover. The owner or operator shall apply daily
cover to all exposed solid waste by the end of each working day and maintain
the daily cover to control fire hazards, blowing litter, odors, insects,
vectors, and rodents as follows: (1) Except for solid
waste approved as alternative daily cover in accordance with paragraph
(A)(3)(c) of this rule, ensure solid waste is not exposed for more than
twenty-four hours after unloading. (2) Apply only cover
material that is nonputrescible, does not contain large objects in such
quantities as may interfere with its application and intended purpose, and is
not solid waste unless the owner or operator has received prior written
authorization in accordance with paragraph (A)(3)(c) of this rule. (3) Ensure that a cover material is
comprised solely of one or more of the following: (a) A soil layer that is a minimum of six inches thick. The
owner or operator shall remove soil applied in an area served by a leachate
collection system or otherwise prepare the soil as necessary prior to the
placement of the next layer of waste in that area so as not to impede the flow
of leachate to the leachate management system within the limits of waste
placement. (b) A manufactured material that meets the specifications
of ASTM D6826 or ASTM D7008 and is used in accordance with the
manufacturer's recommendations. (c) Alternative daily cover for which written approval from
the director has been obtained in accordance with either of the
following: (i) The director may approve solid waste to be used as
alternative material for daily cover if the owner of operator demonstrates to
the satisfaction of the director that the solid waste material proposed for use
can provide protection comparable to paragraph (A)(3)(a) of this rule and is
protective of human health, safety, and the environment. (ii) The director may approve alternative materials, other
than solid waste, or other thicknesses for daily cover if the owner or operator
demonstrates to the satisfaction of the director that the proposed alternative
material or thickness provides protection that is comparable to paragraph
(A)(3)(a) or (A)(3)(b) of this rule and is protective of human health, safety,
and the environment. (B) Intermediate cover. The owner or operator shall ensure
that intermediate cover at the facility meets the following: (1) Is applied to all
filled areas of the facility where additional waste will not be deposited for a
minimum of thirty days unless an alternative time period is authorized in
writing by the director. The director may authorize the use of an alternative
time period if the owner or operator demonstrates to the satisfaction of the
director that use of the alternative time period will not lead to an increase
in infiltration. (2) Is nonputrescible,
has a low permeability to water, good compactability, cohesiveness, relatively
uniform texture, and does not contain large objects in such quantities as may
interfere with its application and intended purpose. (3) Is placed and
maintained as a soil layer that is a minimum of twelve inches thick that meets
the requirements in paragraph (B)(2) of this rule unless otherwise authorized
in writing by the director. The director may authorize the use of other
materials or thicknesses for intermediate cover if the owner or operator
demonstrates to the satisfaction of the director that the proposed intermediate
cover material or thickness provides comparable and adequate
protection. (4) Is removed or otherwise prepared as
necessary prior to the placement of the next layer of waste in that area, so as
not to impede the flow of leachate to the leachate management system within the
limits of waste placement. (5) Is protected from erosion and is
repaired for erosion damage at a minimum of once during the spring and once
during the fall. (6) Is covered with agronomically
appropriate quantities of seed, mulch, and fertilizer not later than one
hundred twenty days after application where additional waste will not be
deposited for at a minimum three hundred sixty-five days, unless an alternative
time period that minimizes sediment runoff is authorized in writing by Ohio
EPA. (C) Final cover. Upon reaching the approved final
elevations of waste placement in a phase, or in accordance with an alternate
schedule approved by the director, the owner or operator shall do the
following: (1) Construct a composite
cap system in accordance with rule 3745-27-08 of the Administrative Code over
the entire phase where final elevations of waste placement in a phase have been
reached as follows: (a) Complete construction not later than one hundred eighty
days after the final elevations of waste placement have been
reached. (b) Apply seed, mulch, and, as necessary, fertilizer to the
cap protection layer. (2) In lieu of paragraph
(C)(1) of this rule, construct transitional cover in accordance with rule
3745-27-08 of the Administrative Code over the entire phase where final
elevations of waste placement in that phase have been reached as
follows: (a) Complete construction not later than one hundred twenty
days after the final elevations of waste placement have been
reached. (b) Apply seed, mulch, and, as necessary, fertilizer to the
soil transitional cover. (c) Prior to commencing construction of transitional cover,
submit a written notice to Ohio EPA and the approved health district describing
where transitional cover will be installed in accordance with rule 3745-27-08
of the Administrative Code and place a copy of notice in the operating
record. (3) Notwithstanding any
prior notification that transitional cover will be constructed, when all phases
in a unit have reached approved final elevations of solid waste placement,
construct a composite cap system in accordance with rule 3745-27-08 of the
Administrative Code over the entire unit in compliance with paragraphs
(C)(1)(a) and (C)(1)(b) of this rule. (4) Notwithstanding any prior
notification that transitional cover will be constructed, the owner or operator
may choose to comply with paragraph (C)(1) of this rule by providing written
notice to Ohio EPA and the approved health district of any change from a
previously submitted notification prior to construction of a composite cap
system in accordance with paragraph (C)(1) of this rule. (D) Not later than one hundred eighty
days after completing construction of the cap system or soil transitional
cover, the owner or operator shall establish vegetative cover such that plant
growth is observable. If soil is visible through the vegetative cover three
hundred sixty-five days after planting vegetative cover in accordance with this
paragraph, the owner or operator shall implement sufficient measures to
establish dense vegetative cover that may include seeding, mulching,
fertilizing, or the application of soil.
Last updated June 17, 2024 at 8:44 AM
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Rule 3745-535-650 | Surface water and leachate management.
(A) Surface water management. The owner
or operator shall manage surface water at a minimum as follows: (1) Employ surface water
control structures designed and constructed in accordance with rule 3745-27-08
of the Administrative Code such that the following are achieved: (a) Run-on and runoff of surface water are
controlled. (b) Erosion is minimized. (c) Infiltration of water through the cover material and
cap system is minimized. (2) Maintain surface
water control structures and ensure surface water is managed in accordance with
the following: (a) Diverted from areas where solid waste is being or has
been deposited. (b) If ponding or erosion occurs on areas of the facility
where waste is being or has been deposited, complete actions as necessary to
correct the conditions causing the ponding or erosion. (B) Leachate management. The owner or
operator shall manage leachate as follows: (1) Except as specified
in paragraphs (B)(2) and (B)(3) of this rule, excluding leachate sumps, ensure
the depth of leachate on the liner is not more than one foot. (2) For a phase that
drains to a sump where select waste is currently being placed, if the depth of
leachate on the liner, excluding leachate sumps, exceeds one foot as a result
of a precipitation event that generates 0.1 inches or more of rainfall in
twenty-four hours as measured by an onsite rain gauge, ensure the depth of
leachate no longer exceeds one foot not later than seven days after the most
recent precipitation event that generates 0.1 inches or more of rainfall and
record the date of such occurrence and corrective action in the daily log of
operations. (3) Maintain the integrity of the
engineered components of the leachate collection system, including but not
limited to pumps, and repair any damage to or failure of the components. Upon
discovery of a malfunctioning component that results in the depth of leachate
exceeding one foot on the liner, the owner or operator shall do the
following: (a) Record the location and component malfunctioning in the
daily log. (b) Notify the appropriate Ohio EPA district office and the
approved health district in writing not later than twenty-four hours after
discovery of the malfunctioning component and exceedance of one foot of depth
if the engineered component is still malfunctioning. (c) Ensure the depth of leachate no longer exceeds one foot
not later than seven days after discovery of the malfunction. (4) If a leachate outbreak occurs at the
facility, repair the outbreak and do the following: (a) Contain and properly manage the leachate at the
facility. (b) Collect and dispose of the leachate as necessary in
accordance with paragraphs (B)(6) and (B)(9) of this rule. (c) Take action to minimize, control, or eliminate the
conditions that contribute to the production of leachate. (5) Visually or physically inspect the
newly constructed segments of the leachate management system that are
accessible not later than sixty days after placement of the initial lift of
waste to ensure that crushing has not occurred and inspect the accessible
segments annually thereafter to ensure that clogging has not
occurred. (6) Treat and dispose of collected
leachate in accordance with Chapter 6111. of the Revised Code and one of the
following methods: (a) On site at the facility. (b) By pretreating collected leachate on-site and disposing
of the treated leachate off-site of the facility. (c) Off-site of the facility. (7) If leakage into the leak detection
system of a leachate pond exceeds the action leakage rate established in the
approved permit to install or five hundred gallons per acre per day, whichever
is less, repair the leachate pond containment system such that the leakage is
reduced to less than the established action leakage rate or five hundred
gallons per acre per day, whichever is less. (8) Prepare a contingency plan for the
storage and disposal of leachate that describes the immediate and long term
steps, including 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 (B)(6) of this rule. (9) In the event that
collected leachate cannot be managed in accordance with the management option
selected in paragraph (B)(6) of this rule, implement the contingency plan for
the storage and disposal of leachate. (C) The owner or operator shall place in
the operating record copies of the following: (1) The design of the
surface water control structures specified in paragraph (A) of this
rule. (2) The contingency plan
for the storage and disposal of leachate in accordance with paragraph (B)(8) of
this rule. (D) If a substantial threat to surface water exists, the
director or approved health district may require the owner or operator to
monitor the surface water.
Last updated June 25, 2025 at 6:07 PM
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Rule 3745-535-660 | Annual report.
The owner or operator of a facility shall submit an
annual report on forms prescribed by the director to the appropriate Ohio EPA
district office and approved health district not later than the first day of
April of each year that includes at a minimum the following information
summarizing the previous calendar year's operations: (A) A topographic map of all units of the facility with a
scale and contour interval consistent with the approved plans for the facility,
certified by a professional skilled in the appropriate disciplines, with
updated contour lines on the plan drawing containing information specified in
rule 3745-27-06 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: (1) The calendar year that the submittal
represents. (2) The areal extent of
each phase of construction. (3) The areal extent of closed areas of
all units that have a final cap system or have transitional cover. (4) Areas that have intermediate
cover. (5) The current working
phase and unit. (6) The projected phase and unit for
filling in the coming year. (7) Access roads and
buildings. (8) On-site borrow areas and cover
material stockpiles, including a notation of the volume of soil available for
construction of the cap soil barrier layer and cap protection
layer. (9) A cut/fill map showing 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. Upon request, the owner or operator shall submit to Ohio
EPA documentation specifying the maximum volume of the waste that exceeds the
authorized limits of waste placement, as determined by test pits. (B) A summary of the daily logs for the previous year on
forms prescribed by the director or alternate forms used in accordance with
rule 3745-535-600 of the Administrative Code. (C) An estimate of the remaining life of the facility, in
years and in cubic yards. (D) A summary of the quantity of leachate collected for
treatment and disposal on a monthly basis, the location of leachate treatment
and disposal, and verification that the leachate management system is operating
in accordance with paragraphs (B)(1) and (B)(7) of rule 3745-535-650 of the
Administrative Code. (E) Results of analytical testing of an annual grab sample
of leachate obtained from the leachate collection system for the parameters
specified in appendix I to rule 3745-27-10 of the Administrative Code and for
polychlorinated biphenyls. (F) The dates and findings of the inspections and a log of
repairs and maintenance performed on the leachate management system, ground
water monitoring system, explosive gas monitoring system, and any other
monitoring or control system installed at the facility or performed in response
to this chapter. (G) The most recent closure cost
estimate, post-closure care cost estimate, and corrective measures cost
estimate, if applicable, adjusted for inflation and updated for any change in
closure cost estimate, post-closure care cost estimate, or corrective measures
cost estimate in accordance with rules 3745-27-15, 3745-27-16, and 3745-27-18
of the Administrative Code. (H) A certification statement signed in accordance with
rule 3745-500-50 of the Administrative Code.
Last updated June 25, 2025 at 6:07 PM
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Rule 3745-535-670 | Ten year design update.
(A) Upon every tenth anniversary of the
effective date of the initial permit to install issued for the facility
pursuant to Chapter 3734. of the Revised Code, the owner or operator shall
submit to Ohio EPA an analysis comparing the unconstructed components of the
facility to the standards established in the current version of rule 3745-27-08
of the Administrative Code. (B) If the director determines that the
unconstructed components identified pursuant to paragraph (A) of this rule are
no longer consistent with the standard established in the current version of
rule 3745-27-08 of the Administrative Code as applied to a new facility, the
director may require the owner or operator to obtain the appropriate
authorization from Ohio EPA to make the necessary changes to the facility to
bring the facility into compliance with the standards in the current version of
rule 3745-27-08 of the Administrative Code. If a permit to install application
is necessary, the director shall not apply the criteria outlined in paragraph
(H) of rule 3745-27-07 of the Administrative Code to the unconstructed
components of the facility that were approved in the effective permit to
install.
Last updated June 17, 2024 at 8:45 AM
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Rule 3745-535-800 | General groundwater monitoring requirements.
(A) In addition to the owner or operator of a solid waste landfill subject to this chapter, rules 3745-535-800 to 3745-535-860 of the Administrative Code are applicable as follows: (1) To the owner or operator of a solid waste landfill subject to rule 3745-27-14 of the Administrative Code who ceased waste acceptance after March 1, 1990, unless on the effective date of this rule, the owner or operator is in post-closure care and conducting groundwater monitoring pursuant to a past version of rule 3745-27-10 of the Administrative Code under an existing order of the director. (2) To the owner or operator of a solid waste landfill that is subject to post-closure care in accordance with rule 3745-27-14 of the Administrative Code, who is conducting a groundwater monitoring program under a prior version of the rule pursuant to findings and orders issued by the director, and who has submitted a written request to modify the applicable order to comply with this rule and received approval from the director. (B) The owner or operator of a solid waste landfill subject to this chapter shall implement a groundwater monitoring program capable of determining the impact of the facility on the quality of groundwater occurring within the uppermost aquifer system and all significant zones of saturation above the uppermost aquifer system underlying the solid waste landfill. (C) A qualified groundwater scientist shall certify the groundwater plans submitted in accordance with this chapter and any revisions, reports, and data associated with the groundwater plans. (D) The owner or operator shall place the groundwater monitoring program into the operating record in accordance with rule 3745-27-09 of the Administrative Code, with revisions submitted prior to implementation of the revisions. (E) The owner or operator of a facility not subject to rule 3745-27-09 of the Administrative Code shall submit the groundwater monitoring plan and copies of the revisions to Ohio EPA and the approved health district prior to implementation of the revisions.
Last updated March 2, 2026 at 10:51 AM
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Rule 3745-535-801 | Detection monitoring parameter list.
For the purposes of this rule, the following are true: (A) Compounds are listed by the common names used in government regulations, scientific publications, and commerce. (B) "CAS RN" means chemical abstract service registry number. (C) "Xylenes" includes o-xylene (CAS RN 96-47-6), m-xylene (CAS RN 108- 38-3), p-xylene (CAS RN 106-42-3), and unspecified xylenes (dimethylbenzenes) (CAS RN 1330-20-7). | Compound: | CAS RN: | | 1) Antimony | 7440-36-0 | | 2) Arsenic | 7440-38-2 | | 3) Barium | 7440-39-3 | | 4) Beryllium | 7440-41-7 | | 5) Cadmium | 7440-43-9 | | 6) Chromium | 7440-47-3 | | 7) Cobalt | 7440-48-4 | | 8) Copper | 7440-50-8 | | 9) Lead | 7439-92-1 | | 10) Nickel | 7440-02-0 | | 11) Selenium | 7782-49-2 | | 12) Silver | 7440-22-4 | | 13) Thallium | 7440-28-0 | | 14) Vanadium | 7440-62-2 | | 15) Zinc | 7440-66-6 | | 16) Acetone | 67-64-1 | | 17) Acrylonitrile | 107-13-1 | | 18) Benzene | 71-43-2 | | 19) Bromochloromethane | 74-97-5 | | 20) Bromodichloromethane | 75-27-4 | | 21) Bromoform; Tribromomethane | 75-25-2 | | 22) Carbon disulfide | 75-15-0 | | 23) Carbon tetrachloride | 56-23-5 | | 24) Chlorobenzene | 108-90-7 | | 25) Chloroethane; Ethyl chloride | 75-00-3 | | 26) Chloroform; Trichloromethane | 67-66-3 | | 27) Dibromochloromethane; Chlorodibromomethane | 124-48-1 | | 28) 1,2-Dibromo-3-chloropropane; DBCP | 96-12-8 | | 29) 1,2 Dibromoethane; Ethylene dibromide; EDB | 106-93-4 | | 30) o-Dichlorobenzene; 1,2-Dichlorobenzene | 106-93-4 | | 31) p-Dichlorobenzene; 1,4-Dichlorobenzene | 106-46-7 | | 32) trans-1,4-Dichloro-2-butene | 110-57-6 | | 33) 1,1-Dichloroethane; Ethylidene chloride | 75-34-3 | | 34) 1,2-Dichloroethane; Ethylene dichloride | 107-06-2 | | 35) 1,1-Dichloroethylene; 1,1-Dichloroethene; Vinylidene chloride | 75-35-4 | | 36) cis-1,2-Dichloroethylene; cis-1,2-Dichloro- ethene | 156-59-2 | | 37) trans-1,2-Dichloroethylene; trans-1,2-Dichloro- ethene | 156-60-5 | | 38) 1,2-Dichloropropane; Propylene dichloride | 78-87-5 | | 39) cis-1,3-Dichloropropene | 10061-01-5 | | 40) trans-1,3-Dichloropropene | 10061-02-6 | | 41) Ethylbenzene | 100-41-4 | | 42) 2-Hexanone; Methyl butyl ketone | 591-78-6 | | 43) Methyl bromide; Bromomethane | 74-83-9 | | 44) Methyl chloride; Chloromethane | 74-87-3 | | 45) Methylene bromide; Dibromoethane | 74-95-3 | | 46) Methylene chloride; Dichloromethane | 75-09-2 | | 47) Methyl ethyl ketone; MEK; 2-Butanone | 78-93-3 | | 48) Methyl iodide; iodomethane | 74-88-4 | | 49) 4-Methyl-2-pentanone; Methyl isobutyl ketone | 108-10-1 | | 50) Styrene | 100-42-5 | | 51) 1,1,1,2-Tetrachloroethane | 630-20-6 | | 52) 1,1,2,2-Tetrachloroethane | 79-34-5 | | 53) Tetrachloroethylene; Tetrachloroethene; Perchloroethylene | 127-18-4 | | 54) Toluene | 108-88-3 | | 55) 1,1,1-Trichloroethane; Methyl chloroform | 71-55-6 | | 56) 1,1,2-Trichloroethane | 79-00-5 | | 57) Trichloroethylene; Trichloroethene | 79-01-6 | | 58) Trichlorofluoromethane; CFC-11 | 75-69-4 | | 59) 1,2,3-Trichloropropane | 96-18-4 | | 60) Vinyl acetate | 108-05-4 | | 61) Vinyl chloride | 75-01-4 | | 62) Xylenes | 1330-20-7 | | 63) Ammonia | 7664-41-7 | | 64) Chloride | | | 65) Sodium | | | 66) Potassium | | | 67) Temperature | | | 68) pH | | | 69) Specific conductance | | | 70) Total dissolved solids | | | 71) Total alkalinity | | | 72) Nitrate-nitrite | | | 73) Sulfate | 14808-79-8 | | 74) Magnesium | 7439-95-4 | | 75) Calcium | 7440-70-2 | | 76) Turbidity | | | 77) Iron | 7439-89-6 | | 78) Manganese | 7439-96-5 |
Last updated March 2, 2026 at 8:37 AM
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Rule 3745-535-802 | Assessment monitoring parameter list.
For the purposes of this rule, the following are true: (A) Compounds are listed by the common names used in government regulations, scientific publications, and commerce. (B) "CAS RN" means chemical abstract service registry number. Where "total" is entered, all species in groundwater that contain this element are included. (C) Numbers and letters that appear at the end of a chemical name have the following meaning: (1) "a" means small case "a." (2) "A" means alpha. (3) "b" means small case "b." (4) "B" means beta. (D) CAS No. 108-60-1. This substance is often called bis(2-Chloroisopropyl) ether, the name chemical abstracts service applies to its commercial isomer, propane, 2, 2" -oxybis [2-Chloro- CAS RN 39638-32-9). (E) Chlordane includes alpha-chlordane (CAS RN 5103-71-9), beta-Chlordane (CAS RN 5103-74-2), gamma-Chlordane (CAS RN 5566-34-7), and constituents of Chlordane (CAS RN 57-74-9 and CAS RN 12789-03-06). (F) Polychlorinated biphenols contains congener chemicals including constituents of Aroclor 1016 (CAS RN 12674-11-2), Aroclor 1221 (CAS RN 11104-28-2), Aroclor 1232 (CAS RN 11141-16-5), Aroclor 1242 (CAS RN 53469-21-9), Aroclor 1248 (CAS RN 12672-29-6), Aroclor 1254 (CAS RN 11097-69-1), and Aroclor 1260 (CAS RN 11096-82-5). (G) Toxaphene includes congener chemicals such as chlorinated camphene that are contained in technical toxaphene (CAS RN 8001-35-2). (H) Xylenes includes o-xylene (CAS RN 96-47-6), m-xylene (CAS RN 108- 38-3), p-xylene (CAS RN 106-42-3), and unspecified xylenes (dimethylbenzenes) (CAS RN 1330-20-7). | Compound: | CAS RN: | | 1) Acenaphthene; 1,2-Dihydroacenaphthylene | 83-32-9 | | 2) Acenaphthylene | 208-96-8 | | 3) Acetone; 2-Propanone | 67-64-1 | | 4) Acetonitrile; Methyl cyanide | 75-05-8 | | 5) Acetophenone; 1-Phenylethanone | 98-86-2 | | 6) 2-Acetylaminofluorene; 2-AAF; N-9H-fluoren-2-yl-acetamide | 53-96-3 | | 7) Acrolein; 2-Propenal | 107-02-8 | | 8) Acrylonitrile; 2-Propenenitrile | 107-13-1 | | 9) Aldrin; l,2,3,4,10,10-hexachlora-l,4,4a,5,8,8ahexahydro( la,4a,4ab,5a,8a,8ab)-l,4:5,8- Dimethanonaphthalene | 309-00-23 | | 10) Allyl chloride; 3-Chloro-1-propene | 107-05-1 | | 11) 4-Aminobiphenyl; [l,l'-Biphenyl]-4-amine | 92-67-1 | | 12) Anthracene | 120-12-7 | | 13) Antimony | 7440-36-0 | | 14) Arsenic | 7440-38-2 | | 15) Barium | 7440-39-3 | | 16) Benzene | 71-43-2 | | 17) Benzo[a]anthracene; Benzanthracene | 56-55-3 | | 18) Benzo[b]fluoranthene; Benz[e]acephenanthrylene | 205-99-2 | | 19) Benzo[k]fluoranthene | 207-08-9 | | 20) Benzo[ghi]perylene | 191-24-2 | | 21) Benzo[a]pyrene | 50-32-8 | | 22) Benzyl alcohol; Benzenemethanol | 100-51-6 | | 23) Beryllium | 7440-41-7 | | 24) alpha-BHC; 1,2,3,4,5,6-Hexachlorocyclohexane, (lA,2A,3B,4A,5B,6B) | 319-84-63 | | 25) beta-BHC; 1,2,3,4,5,6-Hexachlorocyclohexane, (lA,2B,3A,4B,5A,6B) | 319-85-73 | | 26) delta-BHC; 1,2,3,4,5,6-Hexachlorocyclohexane, (lA,2A,3A,4B,5A,6B) | 319-86-83 | | 27) gamma-BHC; Lindane; 1,2,3,4,5,6-Hexachlorocyclo hexane, (lA,2A,3B,4A,5A, 6B) | 58-89-9 | | 28) bis (2-Chloroethoxy)methane; 1,1'- [methylenebis(oxy)] bis[2- chloroethane] | 111-91-1 | | 29) bis(2-Chloroethyl) ether; Dichloroethyl ether; l,l'-oxybis[2-Chloroethane] | 111-44-4 | | 30) bis-(2-Chloro-l-methylethyl) Ether; 2,2'-Dichlorodi-isopropyl ether; DCIP; 2,2'-oxybis[l-Chloropropane] | 108-60-1, see paragraph (D) of this rule | | 31) bis(2-Ethylhexyl) Phthalate; 1,2-Benzenedicarboxylic acid, bis(2- Ethylhexyl) ester | 117-81-7 | | 32) Bromochloromethane; Chlorobromomethane | 74-97-5 | | 33) Bromodichloromethane; Dibromochloromethane | 75-27-4 | | 34) Bromoform; Tribromomethane | 75-25-2 | | 35) 4-Bromophenyl phenyl ether; 1-Bromo-4-phenoxy-benzene | 101-55-3 | | 36) Butyl benzyl phthalate; Benzyl butyl phthalate; 1,2-Benzenedicarboxylic acid, Butyl phenylmethyl ester | 85-68-7 | | 37) Cadmium | 7440-43-9 | | 38) Carbon disulfide | 75-15-0 | | 39) Carbon tetrachloride; Tetrachloromethane | 56-23-5 | | 40) Chlordane; 1,2,4,5,6,8,8-octochloro-2,3,3a,4,7,7a-hexahydro-4,7- methano-1H-indene | See paragraph (E) of this rule | | 41) p-Chloroaniline; 4-Chlorobenzenamine | 106-47-8 | | 42) Chlorobenzene | 108-90-7 | | 43) Chlorobenzilate; 4-Chloro-a-(4-Chlorophenyl)-a-Hydroxybenzeneacetic acid, Ethyl ester | 510-15-6 | | 44) p-Chloro-m-Cresol; 4-Chloro-3-Methylphenol | 59-50-7 | | 45) Chloroethane; Ethyl chloride | 75-00-3 | | 46) Chloroform; Trichloromethane | 67-66-3 | | 47) 2-Chloronaphthalene | 91-58-7 | | 48) 2-Chlorophenol | 95-57-8 | | 49) 4-Chlorophenyl phenyl ether; l-Chloro-4-phenoxy benzene | 7005-72-3 | | 50) Chloroprene; 2-Chloro-1,3-butadiene | 126-99-8 | | 51) Chromium | 7440-47-3 | | 52) Chrysene | 218-01-9 | | 53) Cobal | 7440-48-4 | | 54) Copper | 7440-50-8 | | 55) m-Cresol; 3-Methylphenol | 108-39-4 | | 56) o-Cresol; 2-Methylphenol | 95-48-7 | | 57) p-Cresol; 4-Methylphenol | 106-44-5 | | 58) Cyanide | 57-12-5 | | 59) 2,4-D; 2,4-Dichlorophenoxyacetic acid | 94-75-7 | | 60) 4,4'-DDD; 1,1'-(2,2-Dichloroethylidene)bis [4-chlorobenzene] | 72-54-8 | | 61) 4,4'-DDE; l,1'-(2,2-Dichloroethyenylidene)bis [4-chlorobenzene] | 72-55-9 | | 62) 4,4'-DDT; l,1'-(2,2,2-Trichloroethylidene)bis [4-chlorobenzene] | 50-29-3 | | 63) Diallate; bis(l-Methylethyl)-carbamothioic acid S-(2,3-Dichloro-2- propenyl) ester | 2303-16-4 | | 64) Dibenz [a, h] anthracene | 53-70-3 | | 65) Dibenzofuran | 132-64-9 | | 66) Dibromochloromethane; Chlorodibromomethane | 124-48-1 | | 67) 1,2-Dibromo-3-chloropropane; DBCP | 96-12-8 | | 68) 1,2-Dibromoethane; Ethylene dibromide; EDB | 106-93-4 | | 69) Di-n-butyl phthalate; 1,2-Benzenedicarboxylic acid dibutyl ester | 84-74-2 | | 70) o-Dichlorobenzene; 1,2-Dichlorobenzene | 95-50-1 | | 71) m-Dichlorobenzene; 1,3-Dichlorobenzene | 541-73-1 | | 72) p-Dichlorobenzene; 1,4-Dichlorobenzene | 106-46-7 | | 73) 3,3'-Dichlorobenzidine; 3,3 1 -Dichloro-[1,1 1 -bi phenyl]-4,4 1 -diamine | 91-94-1 | | 74) trans-1, 4-Dichloro-2-butene | 110-57-6 | | 75) Dichlorodifluoromethane; CFC 12 | 75-71-8 | | 76) 1,1-Dichloroethane; Ethylidene chloride | 75-34-3 | | 77) 1,2-Dichloroethane; Ethylene dichloride | 107-06-2 | | 78) 1,1-Dichloroethylene; 1,1-Dichloroethene; Vinylidene chloride | 75-35-4 | | 79) cis-1,2-Dichloroethylene; cis-1,2-Dichloroethene | 156-59-2 | | 80) trans-1,2-Dichloroethylene; trans-1,2-Dichloro ethene | 156-60-5 | | 81) 2, 4-Dichlorophenol | 120-83-2 | | 82) 2, 6-Dichlorophenol | 87-65-0 | | 83) 1,2-Dichloropropane; Propylene dichloride | 78-87-5 | | 84) 1,3-Dichloropropane; Trimethylene dichloride | 142-28-9 | | 85) 2,2-Dichloropropane; Isopropylidene chloride | 594-20-7 | | 86) 1,1-Dichloropropene; 1,1-Dichloro-l-propene | 563-58-6 | | 87) cis-1, 3-Dichloropropene; | 10061-01-5 | | 88) trans-1, 3-Dichloropropene | 10061-02-6 | | 89) Dieldrin; 3,4,5,6,9,9-Hexachloro-la,2,2a,3,6,6a, 7,7a-octahydro-2,7:3,6- dimethanonaphthalene [2,3-b]oxirene, (laA,2B,2aA,3B,6B,6aA,7B,7aA) | 60-57-1 | | 90) Diethyl phthalate; 1,2-Benzenedicarboxylic acid, Diethyl ester | 84-66-2 | | 91) O,O-Diethyl 0-2-Pyrazinyl phosphorothioate; Thionazin | 297-97-2 | | 92) Dimethoate; Phosphorodithioic acid 0,0-Dimethyl-S-[2- (rnethylamino) - 2-oxoethyl] ester | 60-51-5 | | 93) p-(Dimethylamino)azobenzene; N,N-Dimethyl-4- (phenylazo)benzenamine | 60-11-7 | | 94) 7, 12-Dimethylbenz [a] anthracene | 57-97-6 | | 95) 3,3'-Dirnethylbenzidene; 3,3'-Dirnethyl[l,l'biphenyl]-4,4'-diarnine | 119-93-7 | | 96) alpha, alpha-Dimethylphenethylamine | 122-09-8 | | 97) 2, 4-Dirnethylphenol; m-Xylenol | 105-67-9 | | 98) Dimethyl phthalate; 1,2-Benzenedicarboxylic acid, dimethyl ester | 131-11-3 | | 99) m-Dinitrobenzene | 99-65-0 | | 100) 4,6-Dinitro-o-cresol; 4,6-Dinitro-2-rnethylphenol; 2-Methyl 4,6- dinitrophenol | 534-52-1 | | 101) 2,4-Dinitrophenol | 51-28-5 | | 102) 2,4-Dinitrotoluene; l-Methyl-2,4-dinitrobenzene | 121-14-2 | | 103) 2,6-Dinitrotoluene; 2-Methyl-1,3-dinitrobenzene | 606-20-2 | | 104) Dinoseb; DMBP; 2-sec-Butyl-4,6-dinitrophenol; 2-(1-Methylpropyl) - 4,5-dinitrophenol | 88-85-7 | | 105) Di-n-octyl phthalate; 1,2-Benzenedicarboxylic acid, Dioctyl ester | 117-84-0 | | 106) Diphenylarnine; N-phenylbenzenamine | 122-39-4 | | 107) Disulfoton; Phosphorodithioic acid 0,0-diethyl8- [2- (ethylthio)ethyl] ester | 298-04-4 | | 108) Endosulfan I; 6,7,8,9,10,10-Hexachloro-l,5,Sa,6,9, 9a-hexahydro-6,9- methano-2,4,3-benzodioxa thiepin, 3-oxide | 959-98-8 | | 109) Endosulfan II, 6, 7, 8, 9, 10, 10-Hexachloro-1, 5, 5a, 6, 9, 9a-hexahydro- 6,9-methano-2,4,3-benzodioxa thiepin, 3-oxide (3A, 5aA, 6B, 9B, 9aA) | 33213-65-93 | | 110) Endosulfan sulfate; 6,7,8,9,10,10-hexachloro-l,5,5a,6,9, 9a-hexahydro- 6,9-methano-2,4,3-benzodioxa thiepin, 3-3-dioxide | 1031-07-8 | | 111) Endrin; 3,4,5,6,9,9-hexachloro-la,2,2a,3,6,6a,7,7a-octahydro-2,7:3, 6- dimethanonaphth[2,3-tahydro-b] oxirene, (laA,2B,2aB,3A,6A,6aB,7B,7aA) | 72-20-8 | | 112) Endrin aldehyde; 2,2a,3,3,4,7-hexachlorodecahydro-1, 2,4- methenocyclopenta[cd]pentalene-5-carboxaldehyde, (lA,2B,2aB,4B,4aB,5B,6aB,6bB,7R*) | 7421-93-4 | | 113) Ethylbenzene | 100-41-4 | | 114) Ethyl methacrylate; 2-Methyl-2-propenoic acid, ethyl ester | 97-63-2 | | 115) Ethyl methanesulfonate; Methanesulfonic acid, ethyl ester | 62-50-0 | | 116) Famphur; Phosphorothioic acid, 0-[4-[(dimethylamino) sulfonyl]phenyl]O,O-dimethyl ester | 52-85-7 | | 117) Fluoranthene | 206-44-0 | | 118) Fluorene; 9H-fluorene | 86-73-7 | | 119) Heptachlor; l,4,5,6,7,8,8-heptachloro-3a,4,7,7a-tetrahydro-4,7-methano- 1H-indene | 76-44-8 | | 120) Heptachlor epoxide; 2,3,4,5,6,7,7-Heptachloro-la,lb,5,5a,6,6a- hexahydro-2,5-methano-2h-indeno [1,2-b] oxirene, (laA,lbB,2A,5A,5aB,6B,6aA) | 1024-57-3 | | 121) Hexachlorobenzene | 118-74-1 | | 122) Hexachlorobutadiene; 1,1,2,3,4,4-Hexachloro-l,3-butadiene | 87-68-3 | | 123) Hexachlorocyclopentadiene; 1,2,3,4,5,5-Hexachloro-l, 3- cyclopentadiene | 77-47-4 | | 124) Hexachloroethane | 67-72-1 | | 125) Hexachloropropene; l,l,2,3,3,3-Hexachloro-l-propene | 1888-71-7 | | 126) 2-Hexanone; Methyl butyl ketone | 591-78-6 | | 127) Indeno(l,2,3-cd)pyrene | 193-39-5 | | 128) Isobutyl alcohol;2-Methyl-l-propanol | 78-83-1 | | 129) Isodrin; l,2,3,4,10,10-Hexachloro-l,4,4a,5,8,8a-hexahydro-l,4,5,8- dimethanonaphthalene, (lA,4A,4aB,5B,8B,8aB) | 465-73-6 | | 130) Isophorone; 3, 5, 5-Trimethyl-2-cyclohexen-l-one | 78-59-1 | | 131) Isosafrole; 5-(l-Propenyl)-1,3-benzodioxole | 120-58-1 | | 132) Kepone; l,la,3,3a,4,5,5a,5b,6-decachlorocta hydro-l,3,4-methano-2H- cyclobuta[cd]pentalen-2-one | 143-50-0 | | 133) Lead | 7439-92-1 | | 134) Mercury | Total | | 135) Methacrylonitrile; 2-Methyl-2-propenenitrile | 126-98-7 | | 136) Methapyrilene; N,N-dimethyl-N'-2-pyridinyl-N'-/2-thienylmethyl)-1,2- ethanediamine | 91-80-5 | | 137) Methoxychlor; l,l'-(2,2,2-Trichloroethylidene)bis [4-Methoxybenzene] | 72-43-5 | | 138) Methyl bromide; Bromomethane | 74-83-9 | | 139) Methyl chloride; Chloromethane | 74-87-3 | | 140) 3-Methylcholanthrene; 1,2-Dihydro-3-methylbenze [j] aceanthrylene | 56-49-5 | | 141) Methyl ethyl ketone; MEK; 2-Butanone | 78-93-3 | | 142) Methyl iodide; Iodomethane | 74-88-4 | | 143) Methyl methacrylate; 2-Methyl-2-propenoic acid, methyl ester | 80-62-6 | | 144) Methyl methanesulfonate; Methanesulfonic acid, methyl ester | 66-27-3 | | 145) 2-Methylnaphthalene | 91-57-6 | | 146) Methyl parathion; Parathion methyl; Phosphorothioic acid, 0,0-dimethyl 0-(4-nitrophenyl) ester | 298-00-0 | | 147) 4-Methyl-2-pentanone; Methyl isobutyl ketone | 108-10-1 | | 148) Methylene bromide; Dibromomethane | 74-95-3 | | 149) Methylene chloride; Dichloromethane | 75-09-2 | | 150) Naphthalene | 91-20-3 | | 151) 1,4 Naphthoquinone; 1,4-Naphthalenedione | 130-15-4 | | 152) 1-Naphthylamine; 1-Naphthalenamine | 134-32-7 | | 153) 2-Naphthylamine; 2-Naphthalenamine | 91-59-8 | | 154) Nickel | 7440-02-0 | | 155) o-Nitroaniline; 2-Nitroaniline; 2-Nitrobenzenamine | 88-74-4 | | 156) m-Nitroaniline; 3-Nitroaniline; 3-Nitrobenzenamine | 99-09-2 | | 157) p-Nitroaniline; 4-Nitroaniline; 4-Nitrobenzenamine | 100-01-6 | | 158) Nitrobenzene | 98-95-3 | | 159) o-Nitrophenol; 2-Nitrophenol | 88-75-5 | | 160) p-Nitrophenol; 4-Nitrophenol | 100-02-7 | | 161) N-Ni-trosodi-n-butylamine; N-Butyl-N-Ni troso-1-butanamine | 924-16-3 | | 162) N-Nitrosodiethylamine; N-Ethyl-N-nitroso ethanamine | 55-18-5 | | 163) N-Nitrosodimethylamine; N-Methyl-N-nitroso methananmine | 62-75-9 | | 164) N-Nitrosodiphenylamine; N-Nitroso-N-phenyl benzenamine | 86-30-6 | | 165) N-Nitrosodipropylamine; N-Nitroso-N-dipropylamine; di-n- propylnitrosamine; N-Nitroso-N-propyl- 1-propanamine | 621-64-7 | | 166) N-Nitrosomethylethylamine; N-Methyl-N-nitroso ethanamine | 10595-95-6 | | 167) N-Nitrosopiperidine; 1-Nitrosopiperidine | 100-75-4 | | 168) N-Nitrosopyrrolidine; l-N1trosopyrrolidine | 930-55-2 | | 169) 5-Nitro-o-toluidine; 2-Methyl-5-nitrobenzenamine | 99-55-8 | | 170) Parathion; Phosphorothioic acid, 0,0-diethyl 0-(4-nitrophenyl) ester | 56-38-2 | | 171) Pentachlorobenzene | 608-93-5 | | 172) Pentachloronitrobenzene | 82-68-8 | | 173) Pentachlorophenol | 87-86-5 | | 174) Phenacetin; N-(4-Ethoxyphenyl) acetamide | 62-44-2 | | 175) Phenanthrene | 85-01-8 | | 176) Phenol | 108-95-2 | | 177) p-Phenylenediamine; 1,4-Benzenediamine | 106-50-3 | | 178) Phorate; Phosphorodithioic acid, 0,0-Diethyl S-[ (ethylthio) methyl) ester | 298-02-2 | | 179) Polychlorinated biphenyls; PCBs; aroclors; 1,1'-Biphenyl, chloro derivatives | See paragraph (F) of this rule | | 180) Pronamide; 3,5-Dichloro-N-(1,l-dimethyl-2-propynyl)benzamide | 23950-58-5 | | 181) Propionitrile; Ethyl cyanide | 107-12-0 | | 182) Pyrene | 129-00-0 | | 183) Safrole; 5- (2-Propenyl) -1,3-benzodioxole | 94-59-7 | | 184) Selenium | 7782-49-2 | | 185) Silver | Total | | 186) Silvex; 2,4,5-TP; 2-(2,4,5-Trichlorophenoxy)propanoic acid | 93-72-1 | | 187) Styrene; Ethenylbenzene | 100-42-5 | | 188) Sulfide | 18496-25-8 | | 189) 2,4,5-T; 2,4,5-Trichlorophenoxyacetic acid | 93-76-5 | | 190) 1, 2, 4, 5-Tetrachlorobenzene | 95-94-3 | | 191) 2,3,7,8-TCDD; 2,3,7,8-Tetrachlorodibenzo- p-dioxin; Dibenzo[b,e][1,4]dioxin, 2,3,7,8- tetrachloro- | 1746-01-6 | | 192) 1,1,1,2-Tetrachloroethane | 630-20-6 | | 193) 1,1,2,2-Tetrachloroethane | 79-34-5 | | 194) Tetrachloroethylene; Tetrachloroethene; Perchloroethylene | 127-18-4 | | 195) 2,3,4,6-Tetrachlorophenol | 58-90-2 | | 196) Thallium | 7440-28-0 | | 197) Tin | Total | | 198) Toluene; Methylbenzene | 108-88-3 | | 199) o-Toluidine; 2-Methylbenzenamine | 95-53-4 | | 200) Toxaphene | See paragraph (G) of this rule | | 201) 1,2,4-Trichlorobenzene | 120-82-1 | | 202) 1,1,1-Trichloroethane; Methylchloroform | 71-55-6 | | 203) 1, 1, 2-Trichloroethane | 79-00-5 | | 204) Trichloroethylene; Trichloroethene | 79-01-6 | | 205) Trichlorofluoromethane; CFC-11 | 75-69-4 | | 206) 2,4,5-Trichlorophenol | 95-95-4 | | 207) 2,4,6-Trichlorophenol | 88-06-2 | | 208) 1, 2, 3-Trichloropropane | 96-18-4 | | 209) O,O,O-Triethyl phosphorothioate; Phosphorothioic acid, O,O,O-triethyl ester | 126-68-1 | | 210) sym-Trinitrobenzene; 1,3,5-Trinitrobenzene | 99-35-4 | | 211) Vanadium | 7440-62-2 | | 212) Vinyl acetate; Acetic acid, ethenyl ester | 108-05-4 | | 213) Vinyl chloride; Chloroethene | 75-01-4 | | 214) Xylene (total); Dimethylbenzene | See paragraph (H) of this rule | | 215) Zinc | 7440-66-6 |
Last updated March 2, 2026 at 10:36 AM
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Rule 3745-535-805 | Groundwater monitoring system.
(A) The groundwater monitoring system shall consist of a sufficient number of monitoring wells, installed at appropriate locations and depths in both the uppermost aquifer system and any significant zones of saturation to produce groundwater samples that represent the following: (1) The background groundwater quality that has not been affected by past or present operations at the solid waste landfill. (2) The groundwater quality passing directly downgradient of the limits of solid waste placement. (B) The director may order or otherwise authorize an owner or operator to conduct surface water monitoring as part of the groundwater monitoring system in areas where it may not be practical to place a well in order to collect a sample representative of groundwater quality passing directly downgradient of the limits of solid waste placement. [Comment: The director's authorization to conduct surface water monitoring under this rule will include sampling procedures in accordance with rule 3745-535-810 of the Administrative Code, as applicable.] (C) If the top of the uppermost aquifer system exists more than one hundred fifty feet beneath the recompacted clay liner of the solid waste landfill, the owner or operator shall ensure that the groundwater monitoring system consists of a sufficient number of monitoring wells, installed at appropriate locations and depths, to produce groundwater samples from an adequate number of significant zones of saturation above the uppermost aquifer system, in accordance with paragraphs (A)(1) and (A)(2) of this rule. (D) All monitoring wells shall be designed, installed, and developed in a manner that allows the collection of groundwater samples that are representative of groundwater quality in the geologic unit being monitored, and that are in accordance with the following criteria: (1) Monitoring wells are cased in a manner that maintains the integrity of the monitoring well boreholes. (2) The annular space above the sampling depth is sealed to prevent the contamination of the samples and the groundwater. (3) The casing is screened or perforated and surrounded by sand or gravel in such a way that allows for the following: (a) For the minimization of the passage of formation materials into the well. (b) For the monitoring of discrete portions of the uppermost aquifer system or any significant zones of saturation above the uppermost aquifer system. (4) The monitoring wells, piezometers, and other measurement, sampling, and analytical devices are operated and maintained to perform to design specifications throughout the life of the monitoring program. (E) The number, spacing, and depth of groundwater monitoring wells shall be as follows: (1) Based on site specific hydrogeologic information including that information listed in paragraphs (C)(3)(a) to (C)(3)(g) of rule 3745-27-06 of the Administrative Code. (2) Capable of detecting a release from the solid waste landfill to the groundwater at the closest practicable location to the limits of solid waste placement. (F) The owner or operator shall document the design, installation, development, maintenance and abandonment of the following in accordance with rule 3745-27-09 of the Administrative Code: (1) Monitoring wells. (2) Piezometers. (3) Any other measurement, sampling, and analytical devices.
Last updated March 2, 2026 at 9:52 AM
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Rule 3745-535-810 | Groundwater sampling and analysis procedures and background groundwater quality.
(A) The groundwater monitoring program shall include consistent sampling and analysis procedures and statistical methods that are protective of human health and the environment and that are designed to ensure monitoring results that provide an accurate representation of groundwater quality at the background and downgradient wells installed in accordance with rules 3745-535-800 to 3745-535-860 of the Administrative Code. The owner or operator shall ensure the following are included in the groundwater detection monitoring plan, groundwater quality assessment monitoring plan, compliance monitoring plan, and corrective measures plan, as applicable: (1) A written sampling and analysis plan, documenting the sampling and analysis procedures that will be used in the groundwater monitoring program. (2) The statistical method selected by the owner or operator in accordance with paragraphs (A) and (B) of rule 3745-535-815 of the Administrative Code. (3) The statistical determination of a statistically significant increase over background for a monitoring parameter in accordance with paragraph (C) of rule 3745-535-815 of the Administrative Code. (4) The number of samples collected in accordance with paragraph (F) of this rule. (5) Submission of groundwater and statistical analysis in accordance with paragraph (G) of this rule. (B) A sampling and analysis plan shall at a minimum include a detailed description of the equipment, procedures, and techniques to be used for the following: (1) Measurement of groundwater elevations. (2) Detection of immiscible layers. (3) Collection of groundwater samples, including the following: (a) Well evacuation. (b) Sample withdrawal. (c) Sample containers and handling. (d) Sample preservation. (4) Performance of field analysis, including the following: (a) Procedures and forms for recording raw data and the exact location, time, and facility-specific conditions associated with the data acquisition. (b) Calibration of field devices. (5) Decontamination of equipment. (6) Chain of custody control, including the following: (a) Standardized field tracking reporting forms to record sample custody in the field prior to and during shipment. (b) Sample labels containing all information necessary for effective sample tracking. (7) Field and laboratory quality assurance and quality control, including the following: (a) Collection of duplicate samples during each sampling event. (b) Collection of field and equipment blanks if non-dedicated sampling equipment is used. (c) Collection of trip blanks. (d) The number of duplicate samples, field blanks, trip blanks, and equipment blanks to adequately demonstrate the accuracy of the analysis results. (8) The identification of well maintenance problems encountered during routine sampling of the wells and the process to assure that necessary maintenance is performed. (C) Groundwater elevations. (1) The owner or operator shall ensure the measurement of groundwater elevations are as follows: (a) Groundwater elevations are measured in all wells to be sampled that round of sampling prior to any purging and sampling. (b) The total depth of the monitoring wells are measured in all wells at a minimum annually for those wells that do not have a dedicated pump installed and whenever maintenance allows and the dedicated pump is removed for service or replacement for wells with a dedicated pump. (c) Groundwater elevations in all wells monitoring the same units or portion of units of a solid waste landfill are measured within a period of time short enough to avoid temporal variations in groundwater flow, which could preclude an accurate determination of groundwater flow rate and direction, but within a period of time not to exceed twenty-four hours. (2) The owner or operator shall semiannually determine groundwater flow directions in the uppermost aquifer system and all significant zones of saturation monitored. (3) Potentiometric maps shall be constructed using the collected groundwater elevation measurements. (D) Except as specified in paragraph (E) of this rule, the owner or operator shall establish background groundwater quality by analyzing groundwater samples collected from hydraulically upgradient wells for each of the monitoring parameters or constituents contained in the groundwater monitoring program. (E) The owner or operator may base the background groundwater quality on sampling of wells that are not hydraulically upgradient if either of the following occur: (1) Hydrogeologic conditions do not allow the owner or operator to determine which wells are upgradient. (2) Sampling of other wells will provide an indication of background groundwater quality that is as representative or more representative than that provided by upgradient wells. (F) Sample number. The owner or operator shall ensure the number of samples collected to establish background groundwater quality data is consistent with the appropriate statistical procedures determined pursuant to paragraphs (A) and (B) of rule 3745-535-815 of the Administrative Code. (G) Submission of results. All groundwater elevation, sample analysis, and statistical analysis results generated in accordance with rules 3745-535-805 to 3745-535-860 of the Administrative Code shall consist of at a minimum the following and be submitted to Ohio EPA not later than seventy-five days after sampling the well: (1) Lab data sheets. (2) Field and laboratory quality assurance/quality control (QA/QC) data. (3) Chain of custody and sample receipt forms including preservation methods. (4) Data summary tables. (5) Statistical analysis results and summary tables, including the results from any test for normality conducted on the semiannual sampling event data being submitted. (6) The potentiometric maps specified in paragraph (C)(3) of this rule. (7) A description of the analysis methods used, including method detection limits, and practical quantitation limits for the constituents analyzed.
Last updated March 2, 2026 at 8:37 AM
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Rule 3745-535-815 | Statistical methods.
[Comment: For dates of publications of recognized organizations and associations referenced in this rule, see rule 3745-500-03 of the Administrative Code titled "Incorporation by reference."] (A) The owner or operator shall select and revise the statistical methods as follows: (1) Specify one of the following statistical methods to be used in evaluating the groundwater monitoring data for each parameter contained in paragraph (B) of rule 3745-535-820 of the Administrative Code not later than four hundred and fifty days after implementation of the groundwater monitoring program and after completing the background sample collection in accordance with paragraph (B)(3) of rule 3745-535-820 of the Administrative Code: (a) A tolerance or prediction interval procedure in which an interval for each constituent is established from the distribution of the background data, and the level of each constituent in each monitoring well is compared to the upper tolerance or prediction limit. (b) A control chart approach that gives control limits for each constituent. (c) A parametric analysis of variance "ANOVA" followed by multiple comparisons procedures to identify statistically significant evidence of contamination, including estimation and testing of the contrasts between the mean of each monitoring well and the background mean levels for each constituent. (d) An analysis of variance "ANOVA" based on ranks followed by multiple comparisons procedures to identify statistically significant evidence of contamination, including estimation and testing of the contrasts between the median of each monitoring well and the background median levels for each constituent. (e) Another statistical test method submitted by the owner or operator and approved by the director or the director's authorized representative, that is demonstrated to be protective of human health and the environment and which demonstrates compliance with the performance standards of paragraph (B) of rule 3745-535-815 of the Administrative Code. (2) Submit any revisions to the statistical methods in accordance with paragraph (D) or (E) of rule 3745-535-800 of the Administrative Code, as applicable, not later than thirty days prior to revising the statistical method. [Comment: The statistical method to be used during the initial statistical comparison pursuant to paragraph (B) of rule 3745-535-820 of the Administrative Code needs to be submitted not later than ninety days after collecting the eighth background sample. If it is anticipated that the statistical method to be used will be an intrawell method, then the statistical plan needs to be submitted not later than ninety days after the eighth sample has been collected from the well in question. If it is anticipated that the statistical method to be used will be an interwell method, then the statistical plan needs to be submitted ninety days after a total of eight samples have been collected from the background wells. The eight background samples collected should be evenly distributed across all background wells.] (B) Performance standards for statistical methods. The owner or operator shall ensure that any statistical method chosen in accordance with paragraph (A) of this rule complies with the following performance standards, as appropriate: (1) The statistical method used to evaluate groundwater monitoring data is 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, the owner or operator shall transform the data or use a distribution free theory test. If the distributions for the constituents differ, more than one statistical method may be needed. (2) If an individual well comparison procedure is used to compare an individual monitoring well constituent concentration with background constituent concentrations or a groundwater concentration level, the test is 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, with the type I error rate of not less than 0.01 for individual monitoring well comparisons maintained. This performance standard does not apply for tolerance intervals, prediction intervals, or control charts. (3) If a control chart approach is used to evaluate groundwater monitoring data, the specific type of control chart and its associated parameter values is protective of human health and safety and the environment with the parameters determined after considering the number of samples in the background data base, the date distribution, and the range of the concentration values for each constituent. (4) If a tolerance interval or a prediction interval is used to evaluate groundwater monitoring data, the levels of confidence, the tolerance intervals, and the percentage of the population that the interval must contain is protective of human health and safety and the environment. The owner or operator shall determine the parameters 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. (5) The statistical method accounts for data below the limit of detection with one or more statistical procedures that ensure protection of human health and the environment and any practical quantitation limit (PQL) used in the statistical method is 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. (6) If necessary, the statistical method includes procedures to control or correct for seasonal and spatial variability as well as temporal correlation in the data. (7) 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. (8) Prior to using an intrawell statistical method under the groundwater detection monitoring program, the owner or operator shall submit a demonstration that the groundwater has not been affected by the landfill within the relevant monitoring wells in accordance with paragraph (D) or (E) of rule 3745-535-800 of the Administrative Code, as applicable. (C) Determination of a statistically significant increase over background. The owner or operator shall determine whether or not there is a statistically significant increase over background for each parameter or constituent analyzed pursuant to paragraph (A) of this rule each time the owner or operator assesses groundwater quality by comparing the groundwater quality of each parameter or constituent at each downgradient groundwater monitoring well to the background value of that parameter or constituent according to the statistical procedures specified in paragraphs (A) and (B) of this rule.
Last updated March 2, 2026 at 8:37 AM
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Rule 3745-535-820 | Groundwater detection monitoring.
(A) The owner or operator shall document the detection monitoring program in a plan that includes at a minimum a description of the following: (1) A groundwater monitoring system in accordance with rule 3475-535-805 of the Administrative Code. (2) Sampling and analysis procedures, including an appropriate statistical method, in accordance with rules 3745-535-810 and 3745-535-815 of the Administrative Code. (3) Detection monitoring procedures, including monitoring frequency and a parameter list, in accordance with paragraph (B) of this rule and rule 3745-535-825 of the Administrative Code. (B) The owner or operator shall monitor the groundwater monitoring system and determine the concentration or value of the parameters in accordance with the following: (1) For monitoring wells screened within the uppermost aquifer system beneath the facility, parameters 1 to 66 contained in rule 3745-535-801 of the Administrative Code or the alternative parameter list approved in accordance with paragraph (A) or (B) of rule 3745-535-825 of the Administrative Code. (2) For monitoring wells screened in a significant zone of saturation beneath the facility, parameters 18, 25, 33, 61, and 63 to 66, contained in rule 3745-535-801 of the Administrative Code or the alternate parameter list approved in accordance with paragraphs (A) to (C) of rule 3745-535-825 of the Administrative Code. (3) Except as specified in paragraph (B)(3)(d) of this rule, establish background by collecting the following samples and fulfill the statistical analysis provisions contained in rule 3745-535-815 of the Administrative Code: (a) During the initial one hundred eighty days a minimum of four independent samples from each background and downgradient monitoring well. (b) After collection of the initial four samples pursuant to paragraph (B)(3)(a) of this rule, a minimum of four additional, independent samples from each background and downgradient monitoring well on a quarterly sampling schedule until a minimum total of eight independent samples are collected. (c) After collecting the eight or more independent samples from each monitoring well as described in paragraphs (B)(3)(a) and (B)(3)(b) of this rule, statistically analyze the parameters listed in paragraph (B)(1) of this rule. (d) The owner or operator of a facility with an existing groundwater monitoring system may use existing data to meet the provisions of paragraphs (B)(3)(a) to (B)(3)(c) of this rule, provided the information complies with rules 3745-535-810 and 3745-535-815 of the Administrative Code and is made available upon request by Ohio EPA. (4) Collect and analyze the samples at a minimum semiannually beginning not later than two years after initiating statistical background data collection in accordance with paragraph (B)(3) of this rule and continuing during subsequent semiannual sampling events. (5) Not later than two years after initiating background sampling in accordance with paragraph (B)(3) of this rule, commence sampling semiannually as follows: (a) Collect and analyze a minimum of one sample from each background and downgradient monitoring well in accordance with paragraphs (B)(1) and (B)(2) of this rule. (b) Statistically analyze the results from the monitoring wells beginning with the results from the first monitoring event collected pursuant to paragraph (B)(5)(a) of this rule and semiannually thereafter, for the parameters and locations as specified in paragraphs (B)(1) and (B)(2) of this rule. (c) At least annually, collect and analyze one sample from all monitoring wells for the parameters contained in rule 3745-535-801 of the Administrative Code or the alternative parameter list approved in accordance with paragraphs (A) to (C) of rule 3745-535-825 of the Administrative Code, unless an alternate frequency has been approved in accordance with paragraph (D) of rule 3745-535-825 of the Administrative Code. (d) Field analyze at least one sample from each well in the monitoring system per sampling event for parameters 67 to 69 and 76 in rule 3745-535-801 of the Administrative Code. (6) If a new monitoring well or replacement monitoring well is to be added to an existing monitoring system, statistically analyze the groundwater analytical data from the monitoring well in accordance with paragraph (B)(3) of this rule. (C) Not later than seventy-five days after collecting a sample from a well that yields a statistically significant increase over background, the owner or operator shall submit a written notification to Ohio EPA that indicates which wells and parameters that have statistically triggered in accordance with the monitoring requirements contained in paragraphs (B)(1) and (B)(2) of this rule. (D) Not later than one hundred twenty days after collecting a sample from a well that yields a statistically significant increase over background, the owner or operator may submit a report to Ohio EPA demonstrating a false positive in accordance with either of the following: (1) Using the "1 of M" resampling method to demonstrate that the statistically significant increase over background was a false positive, as long as the method is protective of human health and safety and the environment and documented in the statistical analysis plan pursuant to paragraph (A) of rule 3745-535-815 of the Administrative Code. If the owner or operator successfully demonstrates that the statistically significant increase over background was a false positive, then the owner or operator may return to detection monitoring in accordance with paragraph (B) of this rule. (2) Demonstrate that the statistically significant increase over background resulted from a source other than the facility, an error in the sampling, analysis, or statistical evaluation, or from natural variation in groundwater quality. Upon notification by the director that the report does not successfully demonstrate that the statistically significant increase over background resulted from a source other than the facility, an error in the sampling, analysis, or statistical evaluation, or from natural variation in groundwater quality, the owner or operator shall comply with rule 3745-535-830 of the Administrative Code.
Last updated March 2, 2026 at 9:52 AM
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Rule 3745-535-825 | Groundwater detection monitoring alternative monitoring parameters and frequency.
(A) Upon approval by the director, the owner or operator may delete any of the monitoring parameters contained in rule 3745-535-801 of the Administrative Code if the removed parameters are not reasonably expected to be in or derived from the waste contained or deposited in the facility. The owner or operator shall at a minimum include the following in the request for an alternative parameter list: (1) The parameters proposed for deletion in rule 3745-535-801 of the Administrative Code. (2) The types, quantities, and concentrations of constituents in the solid waste managed at the facility. (3) The concentrations of the constituents in the leachate for the parameters contained in rule 3745-535-801 of the Administrative Code within the relevant units of the facility. (4) Any other relevant information that the director deems necessary. (5) The owner or operator may delete 1,2- Dibromoethane (EDB) and 1,2-Dibromo-3-chloropropane (DBCP) from the parameters contained in rule 3745-535-801 of the Administrative Code upon demonstration that there has never been a confirmed detection of EDB or DBCP in the groundwater at the facility. The owner or operator of a new facility may delete EDB and DBCP upon demonstration that there has never been a confirmed detection of either parameter in the groundwater at the facility during the first one hundred eighty days of groundwater monitoring. (B) The owner or operator may propose in writing that an alternative list of inorganic indicator parameters be used to meet paragraph (B) of rule 3745-535-820 of the Administrative Code in lieu of some or all of the inorganic parameters listed in rule 3745-535-801 of the Administrative Code. The director may approve the alternative inorganic indicator parameters if the alternative list will provide a reliable indication of inorganic releases from the facility to the groundwater. The owner or operator shall at a minimum consider the following factors in proposing an alternative inorganic parameter list: (1) The types, quantities, and concentrations of constituents in wastes managed at the facility. (2) The mobility, stability, and persistence of waste constituents or their reaction products in the unsaturated zone beneath the facility. (3) The detectability of the indicator parameters, waste constituents, and their reaction products in the groundwater. (4) The concentrations or values and coefficients of variation of monitoring parameters or constituents in the background groundwater quality. (5) The concentrations of the constituents in the leachate contained in rule 3745-535-801 of the Administrative Code from the relevant units of the facility. (C) The owner or operator may propose an alternative parameter list in writing for any of the monitoring parameters contained in rule 3745-535-801 of the Administrative Code to be used to meet paragraph (B)(5)(c) of rule 3745-535-820 of the Administrative Code for monitoring wells screened in a significant zone of saturation that cannot produce enough groundwater within a twenty-four hour period to allow for the analysis of all of the specified parameters. Upon approval by the director, the owner or operator may use the alternative parameter list. The owner or operator shall at a minimum consider the following factors in proposing an alternative parameter list for low-yield monitoring wells screened in a significant zone of saturation: (1) Whether the monitoring well is constructed in accordance with paragraph (D) of rule 3745-535-805 of the Administrative Code. (2) Whether the well screen is properly placed across the significant zone of saturation to maximize yield. (3) A calculation of the maximum sustainable yield of the significant zone of saturation. (4) Field data demonstrating the time necessary for the monitoring well to recover completely after purging. (5) The amount of groundwater needed to analyze for all of the specified parameters, including a discussion of which parameters will be deleted and the amount of groundwater needed to analyze for the deleted parameters as well as the listing of the parameters that will be analyzed for in the samples and how much groundwater is needed to analyze for these parameters. (D) The owner or operator may propose an alternative frequency in writing for groundwater sampling and statistical analysis pursuant to paragraph (B) of rule 3745-535-820 of the Administrative Code. The director may approve a proposed alternative frequency provided the alternative frequency sampling and analysis frequency is not less than annual. Upon approval by the director, the owner or operator may use the alternative sampling or analysis frequency. The owner or operator shall at a minimum consider the following factors in proposing an alternative sampling and analysis frequency: (1) Lithology of the aquifer system and all stratigraphic units above the uppermost aquifer system. (2) Hydraulic conductivity of the uppermost aquifer system and all stratigraphic units above the uppermost aquifer system. (3) Groundwater flow rates for the uppermost aquifer system and all significant zones of saturation above the uppermost aquifer system. (4) Minimum distance between the upgradient edge of the limits of waste placement of the facility and the downgradient monitoring well system. (5) Resource value of the uppermost aquifer system.
Last updated March 2, 2026 at 10:36 AM
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Rule 3745-535-830 | Groundwater quality assessment monitoring program.
(A) Upon determining a statistically significant increase above background in a groundwater monitoring well pursuant to rule 3745-535-820 of the Administrative Code, the owner or operator shall implement a groundwater quality assessment program and submit a groundwater quality assessment plan to the director as follows: (1) Not later than one hundred eighty days after withdrawing a groundwater sample from the monitoring well that upon analysis demonstrates a statistically significant increase above background. (2) Not later than ninety days after notification by the director that the report submitted under paragraph (D) of rule 3745-535-820 of the Administrative Code does not successfully make the necessary demonstration. (B) The owner or operator may undertake activities necessary to prevent the continued release of waste-derived constituents from the regulated unit to groundwater during the implementation of the groundwater quality assessment program. (C) The groundwater quality assessment program plan submitted in accordance with paragraph (A) of this rule shall include at a minimum detailed descriptions of the following: (1) Hydrogeologic conditions at the facility. (2) The detection monitoring program implemented by the owner or operator at the facility, including the following: (a) The number, location, depth, and construction of detection monitoring wells with documentation. (b) A summary of detection monitoring groundwater analytical data with documentation of the results. (c) A summary of statistical analyses applied to the data. (3) The investigatory approach to be followed during the assessment, including but not limited to the following: (a) The proposed number, location, depth, installation method, and construction of assessment monitoring wells. (b) The proposed methods for gathering additional hydrogeologic information. (c) The planned use of supporting methodology. (4) The techniques, procedures, and analytical equipment to be used for groundwater sampling and analysis during the assessment as specified in paragraph (B) of rule 3745-535-810 of the Administrative Code. (5) Data evaluation procedures, including but not limited to the following: (a) Planned use of computer models. (b) Planned use of previously gathered information. (c) Criteria that will be utilized to determine if additional assessment activities are warranted. (6) A schedule of implementation that is executed as soon as practical following an unsuccessful demonstration in accordance with paragraph (D) of rule 3745-535-820 of the Administrative Code and incorporates the requirements specified in paragraph (D) of this rule. (7) Provisions for installing additional wells, as necessary, for determining the nature and extent of any release of waste-derived constituents pursuant to paragraph (E) of this rule. (8) Provisions for installing at least one additional monitoring well at the facility boundary in the direction of downgradient groundwater flow from the affected well and as many additional wells as necessary to meet the requirements specified in paragraph (E) of this rule. (D) The owner or operator shall monitor all assessment monitoring wells in accordance with the following: (1) Not later than the due date of the groundwater quality assessment plan specified in paragraph (A) of this rule, sample the affected monitoring wells including any background monitoring wells within the flow path or closest to the affected monitoring well and screened within the same geologic unit and analyze the samples for all parameters listed in rules 3745-535-801 and 3745-535-802 of the Administrative Code. (2) Not later than seventy-five days after commencing the sampling specified in paragraph (D)(1) of this rule, sample all monitoring wells screened within the same geologic units at the facility as the affected monitoring well and not sampled under paragraph (D)(1) of this rule. These samples shall be analyzed for those waste-derived constituents found to be above background levels in the affected monitoring wells sampled pursuant to paragraph (D)(1) of this rule. (3) Sample all monitoring wells used to meet the paragraph (E) of this rule as follows: (a) At least semiannually for the following: (i) All parameters contained in rule 3745-535-801 of the Administrative Code or the alternative parameter list approved pursuant to rule 3745-535-825 of the Administrative Code. (ii) All the constituents reported to the director in accordance with paragraph (D)(4) of this rule. (b) At least annually for one of the following. (i) All parameters contained in rule 3745-535-802 of the Administrative Code. (ii) The remaining parameters contained in rule 3745-535-802 of the Administrative Code if the director has deleted one or more parameters in accordance with paragraph (D)(6) of this rule. (4) Not later than seventy-five days after sampling the groundwater monitoring wells in accordance with paragraph (D)(1) of this rule and after all subsequent samplings, the owner or operator shall place a notice in the operating record identifying all parameters that have been detected and submit a copy to the appropriate Ohio EPA district office and the approved health district. (5) Not later than one hundred eighty days after implementing the groundwater quality assessment plan, the owner or operator shall collect a minimum of four additional statistically independent samples from any background well sampled pursuant to paragraph (D)(1) of this rule that does not have at least four independent analysis results of each waste-derived constituent detected in the monitoring wells demonstrating a statistically significant increase. (6) Upon the written request of the owner or operator, the director may delete any of the monitoring parameters contained in rule 3745-535-802 of the Administrative Code for a facility if the owner or operator can demonstrate that the deleted parameters are not reasonably expected to be in or derived from the waste contained in the unit. (7) After sampling in accordance with paragraph (D)(1) of this rule, the owner or operator may delete 1,2- Dibromoethane (EDB) and 1,2-Dibromo-3-chloropropane (DBCP) from the parameters used to meet paragraph (E) of this rule upon demonstration that there has never been a confirmed detection of EDB or DBCP in the groundwater at the facility. (E) The owner or operator shall implement the groundwater quality assessment plan that satisfies the requirements of paragraphs (C) and (D) of this rule and at a minimum determines the following: (1) The rate and extent of migration of the waste-derived constituents in groundwater, including portions of the contaminant plume that exist beyond the facility boundary in accordance with paragraph (F) of this rule. (2) The concentrations of the waste-derived constituents in groundwater. (F) The determination specified in paragraph (E) of this rule includes portions of the contaminant plume that exists beyond the facility boundary, unless the owner or operator demonstrates to the director that the owner or operator was unable to obtain the necessary permission to undertake an investigation of the off-site property migration of the contaminant plume. The owner or operator shall submit a copy of the written access request and if a response is provided, a copy of the written statement from the off-site property owner indicating that off-site access is denied. The owner or operator is not relieved of all responsibility to clean up a release that has migrated beyond the facility boundary where off-site access is denied. On-site measures to address such releases will be determined on a case-by-case basis. (G) The owner or operator shall make a determination in accordance with paragraph (E) of this rule within the timeframe specified in the submitted groundwater quality assessment plan and submit a written groundwater quality assessment report to the director that contains at a minimum the following not later than fifteen days after making the determination: (1) An assessment of the groundwater quality including all data generated as part of implementation of the groundwater quality assessment plan. (2) Groundwater remediation standards developed in accordance with rule 3745-535-860 of the Administrative Code. (H) Alternatives to corrective measures. (1) If the owner or operator determines that the concentrations of all waste-derived constituents are shown to be at or below background values at the monitoring wells within the assessment monitoring program, or for those wells within a specific assessment monitoring area within an assessment monitoring program using the statistical procedures described in paragraph (A) of rule 3745-535-815 of the Administrative Code for two consecutive sampling events, then the owner or operator may reinstate the detection monitoring program described in rule 3745-535-820 of the Administrative Code by notifying the director. (2) The owner or operator may demonstrate that a source other than the facility caused the contamination, or that the statistically significant increase resulted from error in sampling, analysis, or statistical evaluation, or from natural variation in groundwater quality. A report documenting this demonstration shall be submitted to director and request that the director approve reinstatement of the detection monitoring program described in rule 3745-535-820 of the Administrative Code. Until the director approves reinstatement of the detection monitoring program, the owner or operator shall comply with paragraph (I) of this rule. (3) If the owner or operator determines that the concentrations of all waste-derived constituents are shown to be below groundwater remediation standards pursuant to rule 3745-535-860 of the Administrative Code at the monitoring wells within the assessment monitoring program, or for those monitoring wells within a specific assessment monitoring area, for two consecutive sampling events, then the owner or operator may enter into a compliance monitoring program described in paragraph (A)(1) of rule 3745-535-840 of the Administrative Code by notifying the director. (I) If the owner or operator determines, based on the determination made in accordance with paragraph (E) of this rule, that waste-derived constituents from the facility have entered the groundwater, then the owner or operator shall continue to make the determination pursuant to paragraph (E) of this rule on a semiannual basis until released from this obligation by the director or unless an alternate time interval is established by the director. The owner or operator shall submit documentation of the semiannual determination of rate, extent, and concentration with the reports submitted in accordance with paragraph (K) of this rule. (J) After the determination of rate, extent, and concentration in accordance with paragraph (E) of this rule, the owner or operator shall notify by certified mail or any other form of mail accompanied by a receipt all persons who own land or reside on the land that directly overlies, or is reasonably expected to overlie, any part of the plume of the contamination, as determined in accordance with paragraph (D) of this rule, of the rate, extent, and concentration of the waste-derived constituents in the groundwater. The owner or operator shall place the return receipts or other evidence of notification into the operating record. Annually, the owner or operator shall re-notify persons or notify additional persons based on the results of the determinations of rate, extent, and concentration in accordance with paragraph (D) of this rule until released from this obligation by the director. (K) The owner or operator shall continue to comply with all monitoring and reporting requirements contained this rule until the director releases the owner or operator from this obligation or approves a corrective measure in accordance with paragraph (H) of rule 3745-535-850 of the Administrative Code or approves a compliance monitoring plan in accordance with rule 3745-535-840 of the Administrative Code.
Last updated March 2, 2026 at 8:38 AM
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Rule 3745-535-840 | Compliance monitoring program.
(A) The owner or operator may comply with this rule in lieu of rule 3745-535-850 of the Administrative Code if the owner or operator demonstrates one of the following: (1) A release of constituents to groundwater has occurred pursuant to paragraph (G) of rule 3745-535-830 of the Administrative Code and the concentrations of all waste-derived constituents are above background values but below the groundwater remediation standards. (2) The concentrations of all waste-derived constituents are below groundwater remediation standards in the monitoring wells within a corrective measures program pursuant to paragraph (F)(2) of rule 3745-535-855 of the Administrative Code. (3) A release of constituents to groundwater has occurred pursuant to paragraph (G) of rule 3745-535-830 of the Administrative Code that is comprised exclusively of parameters 63 to 78 contained in rule 3745-535-801 of the Administrative Code. (B) Following a determination in accordance with paragraph (A) of this rule, the owner or operator shall submit a compliance monitoring plan to the director for approval that contains at a minimum the following: (1) A description of the monitoring wells that will be sampled including at a minimum all monitoring wells entering the compliance monitoring program from assessment or corrective measures pursuant to rules 3745-535-830, 3745-535-850, and 3745-535-855 of the Administrative Code, as applicable. (2) A description of the techniques, procedures, and analytical equipment to be used for groundwater sampling during compliance monitoring including those contained in the sampling and analysis plan pursuant to rule 3745-535-810 of the Administrative Code. (3) Procedures for semiannual monitoring of designated monitoring wells as follows: (a) For monitoring wells screened within the uppermost aquifer system beneath the facility, parameters 1 to 66 contained in rule 3745-535-801 of the Administrative Code and the waste-derived constituents determined to have been released from the facility to the groundwater. (b) For monitoring wells screened within a significant zone of saturation beneath the facility, parameters 18, 25, 33, 61, and 63 to 66 contained in rule 3745-535-801 of the Administrative Code and the waste-derived constituents determined to have been released from the facility to groundwater. (4) The following detection monitoring procedures: (a) Annual sampling and analysis procedures in accordance with paragraph (B)(5)(c) of rule 3745-535-820 of the Administrative Code. (b) Field analysis procedures in accordance with paragraph (B)(5)(d) of rule 3745-535-820 of the Administrative Code. (c) Statistical analysis procedures in accordance with paragraph (B)(5)(b) of rule 3745-535-820 of the Administrative Code and procedures for the following using the appropriate statistical procedures specified in rule 3745-535-815 of the Administrative Code: (i) For waste-derived constituents determined to have been released to the groundwater in accordance with paragraph (G) of 3745-535-830 of the Administrative Code, procedures for establishing new intrawell background data from the samples collected in assessment and during the initial two years of compliance monitoring until there are eight background samples, unless otherwise approved by the director. (ii) For waste-derived constituents determined to have been released to the groundwater, which have been remediated to below groundwater remediation standards in accordance with rules 3745-535-850 and 3745-535-855 of the Administrative Code, procedures for establishing a statistical method in accordance with rule 3745-535-815 of the Administrative Code designed to be protective of human health and the environment and an indication that the monitoring well may remain in the compliance monitoring program. (iii) For those constituents that have not been released from the facility, the existing statistical background data set and methodologies may still be appropriate to use, and statistical analysis may begin for these constituents with the first sampling event conducted pursuant to paragraph (B)(3) of this rule. (d) Procedures for demonstration of a false positive in accordance with paragraphs (C) and (D) of rule 3745-535-820 of the Administrative Code. (5) Procedures for compliance with paragraph (E) of rule 3745-535-830 of the Administrative Code when a statistically significant increase is determined for parameters being monitored in accordance with paragraph (B)(3) of this rule and any waste-derived constituent. (6) Procedures for continued implementation of the compliance monitoring plan until the end of the post-closure care period for the facility, unless otherwise approved by the director. (7) Procedures for implementing activities necessary to prevent the continued release of waste-derived constituents to the groundwater. The director may require the owner or operator to conduct additional activities necessary to prevent the continued release of waste-derived constituents to groundwater. (C) Paragraph (G) of rule 3745-535-810 of the Administrative Code and paragraphs (I) to (J) of rule 3745-535-830 of the Administrative Code are applicable throughout the duration of compliance monitoring to an owner or operator who enters compliance monitoring pursuant to paragraph (A)(1) of this rule. (D) The owner or operator shall implement the compliance monitoring plan with the first semiannual sampling event that occurs after the approval of the compliance monitoring plan. (E) If prior to the end of post closure care, the owner or operator determines that the concentrations of all waste-derived constituents are shown to be at or below background values for four consecutive semiannual monitoring events in the monitoring wells within the compliance monitoring program, then the owner or operator may reinstate the detection monitoring program described in rule 3745-535-820 of the Administrative Code if approved by the director.
Last updated March 2, 2026 at 9:52 AM
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Rule 3745-535-850 | Corrective measures general requirements.
(A) The owner or operator shall implement a corrective measures program that complies with this rule unless the owner or operator has returned to detection monitoring in accordance with paragraph (H) of rule 3745-535-830 of the Administrative Code or entered into compliance monitoring in accordance with rule 3745-535-840 of the Administrative Code. (B) Not later than one hundred eighty days after a determination in accordance with paragraph (G) of rule 3745-535-830 of the Administrative Code, the owner or operator shall submit for approval a corrective measures plan to the director that evaluates all practicable procedures available for remediating contamination discovered during assessment monitoring and at a minimum does the following: (1) Is protective of human health and safety and the environment. (2) Attains the proposed groundwater concentration levels specified in rule 3745-535-860 of the Administrative Code. (3) Controls the source of the releases to reduce or eliminate, to the maximum extent practicable, further releases of waste-derived constituents into the environment. (4) Complies with standards for management of wastes as specified in paragraph (D) of rule 3745-535-855 of the Administrative Code. (5) Contains a groundwater corrective measures monitoring plan that identifies specific provisions to monitor the effectiveness of the corrective measures including at a minimum the following: (a) Procedures for semiannually determining that groundwater remediation standards established in accordance with rule 3745-535-860 of the Administrative Code are achieved for waste-derived constituents determined to have been released to groundwater. (b) Procedures for semiannual monitoring of parameters 1 to 66 in rule 3745-535-801 of the Administrative Code determined not to have been released to groundwater. Upon approval by the director, the owner or operator may delete any of the monitoring parameters contained in rule 3745-535-801 of the Administrative Code if the removed parameters are not reasonably expected to be in or derived from the waste contained or disposed of in the facility. (c) Procedures which meet the applicable provisions of rules 3745-535-805 to 3745-535-825 of the Administrative Code. (C) The owner or operator shall evaluate each proposed remediation procedure identified in the corrective measures plan for at a minimum the following: (1) The long-term and short-term effectiveness including the following to determine the degree of certainty that the remediation procedure will be successful: (a) The magnitude of reduction of existing risks. (b) The magnitude of residual risks in terms of likelihood of further releases following implementation of a remediation procedure. (c) The type and degree of long-term management necessary, including monitoring, operation, and maintenance. (d) Short-term risks that may affect the community, workers, or the environment during implementation of the remediation procedure, including potential threats to human health and safety and the environment associated with excavation, transportation, re-disposal of solid waste, or containment of the contaminant. (e) 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. (f) Long-term reliability of the engineering and institutional controls. (g) The potential need for replacement of the remediation procedure. (h) The time until full protection is achieved. (2) The effectiveness of the remediation procedure in controlling the release, including the following: (a) The extent to which containment practices will reduce further releases. (b) The extent to which treatment technologies may be used. (3) The need to coordinate with and obtain necessary authorizations from other state agencies. (4) The available capacity and location of needed treatment, storage, and disposal services. (5) The ease or difficulty to implement potential remedies based on consideration of the following factors: (a) The degree of difficulty associated with constructing the technologies. (b) Expected operation reliability of the technologies. (c) The availability of necessary equipment and specialists. (6) The degree to which community concerns are addressed by a potential corrective measure. (7) 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. (8) A schedule for initiating and completing each remediation procedure that considers the following: (a) The extent and nature of any contamination. (b) The practical capability of remedial technologies to achieve compliance with groundwater remediation standards pursuant to rule 3745-535-860 of the Administrative Code and other objectives of the remediation procedure. (c) The availability of treatment or disposal capacity for solid waste managed during implementation of the remediation procedure. (d) The use of technologies that are not currently available, but which may offer significant advantages over currently available technologies in terms of protection, reliability, safety, or the ability to achieve remedial objectives. (e) Potential risks to human health and the environment from contaminant exposure prior to completion of the remediation procedure. (f) Practicable capability of the owner or operator. (g) Other relevant factors. (9) Resource value of the aquifer system, including the following: (a) Current and future uses. (b) Proximity and withdrawal rate of users. (c) Groundwater quantity and quality. (d) The potential damage to wildlife, crops, vegetation, and physical structures resulting from exposure to waste constituents. (e) The hydrogeologic characteristics of the facility and surrounding area. (f) Groundwater removal and treatment costs. (g) The cost and availability of alternate water supplies. (10) Practical capability of the owner or operator. (11) Other relevant factors. (D) The owner or operator shall ensure that public involvement is completed as follows: (1) Not later than sixty days after submitting the corrective measures plan to the director, discuss the results and content of the groundwater quality assessment report and the corrective measures plan in a public meeting with interested and affected parties. The owner or operator shall provide adequate and reasonable public notice of the meeting and hold the public meeting at a place and time reasonably convenient to the interested and affected parties. (2) Solicit public comment on the proposed corrective measures plan, place any public comments received in the operating record, and submit copies of public comments to the appropriate Ohio EPA district office and the approved health district. (E) The director may require the owner or operator to evaluate, as part of the corrective measures study, one or more specific potential remediation procedures. (F) The director may determine that remediation of a release of waste-derived constituents from the facility is not necessary if the owner or operator demonstrates one of the following: (1) The groundwater is additionally contaminated by substances that have originated from a source other than the facility and those substances are present in concentrations such that cleanup of the release by the owner or operator would provide no significant reduction in risk to actual or potential receptors. (2) The constituents are present in groundwater that meets the following: (a) Is not currently or reasonably expected to be a source of drinking water. (b) Is not hydraulically connected with waters to which the waste-derived constituents are migrating or are likely to migrate in concentrations that would exceed the groundwater remediation standards established pursuant to rule 3745-535-860 of the Administrative Code. (3) Remediation of releases is technically impractical. (4) Remediation results in unacceptable cross-media impacts. (G) A determination by the director pursuant to paragraph (F) of this rule does not affect the director's authority to require the owner or operator to undertake source control measures or other measures that may be necessary to eliminate or minimize further releases to groundwater, to prevent exposure to groundwater, or to remediate groundwater to concentrations that are technically practicable and significantly reduce threats to human health and the environment. (H) Upon approval of the corrective measures plan, the owner or operator shall implement the corrective measure designated by the director in accordance with the schedule provided in the approved corrective measures plan and comply with the financial assurance requirements contained in rule 3745-27-18 of the Administrative Code.
Last updated March 2, 2026 at 8:39 AM
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Rule 3745-535-855 | Corrective measures implementation and completion.
(A) Based on the corrective measures plan established under paragraph (B) of rule 3745-535-850 of the Administrative Code for initiation and completion of remedial activities, the owner or operator shall do the following: (1) Implement the selected remedy as specified in paragraph (H) of rule 3745-535-850 of the Administrative Code. (2) Implement the corrective measures monitoring program in accordance with paragraph (B)(5) of rule 3745-535-850 of the Administrative Code. (3) If, at any time during the implementation of the remedy, the director determines that the facility threatens human health or safety or the environment, the director may require the owner or operator to implement the following measures: (a) Notify all persons via certified mail or any other form of mail accompanied by a receipt who own the land or reside on the land that directly overlies or lies adjacent to any part of the plume of contamination. (b) Take any interim measures deemed necessary by the director to ensure the protection of human health and safety and the environment. Interim measures should to the extent practicable be consistent with the objectives of and contribute to the performance of any remediation procedure that may be required pursuant to rules 3745-535-850 and 3745-535-860 of the Administrative Code. The following factors shall be considered by the director in determining whether interim measures are necessary: (i) The amount of time needed to develop and implement a final remediation procedure. (ii) Actual or potential exposure of nearby populations or environmental receptors to waste-derived constituents. (iii) Actual or potential contamination of drinking water supplies or sensitive ecosystems. (iv) Any further degradation of the groundwater that may occur if remedial action is not initiated expeditiously. (v) Weather conditions that may cause waste-derived constituents to migrate or be released. (vi) Risks of fire, explosion, or potential for exposure to waste-derived constituents as a result of an accident or failure of a container or handling system. (vii) Other situations that threaten human health and the environment. (B) The owner or operator may determine, based on information developed after implementation of the remediation procedure has begun, or from other information, that compliance with the requirements of paragraph (B) of rule 3745-535-850 of the Administrative Code for the remediation procedure selected under paragraph (H) of rule 3745-535-850 of the Administrative Code is not being achieved through the remedy selected. In such cases, the owner or operator shall implement other methods or techniques that could practically achieve compliance with the requirements, unless a determination in accordance with paragraph (C) of this rule is made. (C) If the owner or operator determines that compliance with a remediation procedure in accordance with paragraph (B) of rule 3745-535-850 of the Administrative Code is not technically practicable, then the director may require that the owner or operator do the following: (1) Obtain approval from the director of a certification prepared by a qualified groundwater scientist that compliance with paragraph (F) of this rule cannot be practicably achieved with any currently available methods. (2) Implement alternative measures to control human or environmental receptor exposure to residual contamination as necessary to protect human health and safety and the environment. (3) Implement alternative measures for control of the sources of contamination, or for removal or decontamination of equipment, units, devices, or structures needed to implement the remediation procedures, that are both of the following: (a) Technically practicable. (b) Consistent with the overall objective of the remediation procedure. (D) The owner or operator shall manage solid waste encountered during implementation of a corrective measures in a manner that ensures the following: (1) Protection of human health and the environment. (2) Compliance with applicable laws and regulations. (E) The corrective measures remedy selected pursuant to paragraph (H) of rule 3745-535-850 of the Administrative Code shall be considered complete when the following occur: (1) The owner or operator has demonstrated compliance with the groundwater remediation standards established under rule 3745-535-860 of the Administrative Code at all points within the plume of contamination that lie beyond the groundwater monitoring system established under paragraph (E)(2) of rule 3745-535-805 of the Administrative Code. (2) Compliance with the groundwater remediation standards established under rule 3745-535-860 of the Administrative Code have been achieved by demonstrating semiannually that the waste-derived constituents have not exceeded the groundwater remediation standards for a period of three years, using the statistical procedures and performance standards in rule 3745-535-815 of the Administrative Code. The director may specify an alternative length of time during which the owner or operator shall demonstrate that the contamination has not exceeded the groundwater remediation standards that takes into account the following considerations: (a) Extent and concentration of the contamination. (b) Behavior characteristics of the contamination in the groundwater. (c) Accuracy of monitoring or modeling techniques, including any seasonal, meteorological, or other environmental variabilities that may affect the accuracy. (d) Characteristics of the groundwater. (e) Groundwater and surface water receptors with complete exposure pathways. (3) The owner or operator has completed all actions specified within the corrective measures plan specified pursuant to paragraph (B) of rule 3745-535-850 of the Administrative Code. (4) The owner or operator obtains certification in accordance with paragraph (F) of this rule. (F) The owner or operator may submit a certification to the director that the corrective measure has been completed in compliance with paragraph (E) of this rule. The owner or operator shall ensure the certification is signed by the owner or operator and a qualified groundwater scientist in accordance with rule 3745-500-50 of the Administrative Code and a copy is placed in the operating record. Upon approval by the director of the certification, the owner or operator is no longer subject to rule 3745-27-18 of the Administrative Code. (1) If prior to the end of post closure care, the owner or operator determines that the concentrations of the waste-derived constituents listed in appendix I and II to 40 C.F.R. Part 258 are shown to be at or below background values for four consecutive semiannual monitoring events in the monitoring wells within the corrective measures monitoring program, then the owner or operator may reinstate the detection monitoring program described in rule 3745-535-820 of the Administrative Code if approved by the director. (2) If prior to the end of post closure care, the owner or operator determines that the concentrations of all of the waste-derived constituents listed in rule 3745-535-802 of the Administrative Code are shown to be below groundwater remediation standards at the monitoring wells within the corrective measures monitoring program, or for those monitoring wells within a specific corrective measures monitoring area for four consecutive semiannual monitoring events, then the owner or operator shall continue monitoring the waste-derived impacts in accordance with the compliance monitoring program described in rule 3745-535-840 of the Administrative Code if approved by the director. (3) If prior to the end of post closure care, the owner or operator obtains approval of the certification pursuant to paragraph (C)(1) of this rule, then the owner or operator may continue monitoring the waste-derived constituents in accordance with the compliance monitoring program described in rule 3745-535-840 of the Administrative Code.
Last updated March 3, 2026 at 12:49 AM
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Rule 3745-535-860 | Groundwater remediation standards.
(A) The owner or operator shall establish a groundwater remediation standard for each waste-derived constituent detected at a statistically significant concentration in groundwater pursuant to rule 3745-535-820 of the Administrative Code as follows: (1) For constituents with a maximum contaminant level specified in Chapter 3745-81 of the Administrative Code, the maximum contaminant level for that constituent. (2) For constituents without a maximum contaminant level specified in Chapter 3745-81 of the Administrative Code, the background concentration for the constituent well established in accordance with paragraphs (D) and (E) of rule 3745-535-810 of the Administrative Code. (3) An alternative groundwater remediation standard in accordance with paragraph (B) of this rule. (B) The director may establish an alternative groundwater remediation standard for constituents without a maximum contaminant level. These groundwater remediation standards shall be appropriate health-based levels that satisfy the following criteria: (1) The concentration level is derived in a manner consistent with federal guidelines for assessing the health risks of environmental pollutants. (2) The concentration level is based on scientifically valid studies conducted in accordance with standard laboratory practices. (3) For known or suspected carcinogens, the proposed concentration levels will be established at concentration levels below those that represent a cumulative (due to lifetime exposure) excess upper-bound lifetime cancer risk to an individual within the 1 x 10-4 to 1 x 10-6 range. (4) For systemic toxicants, the proposed concentration levels will be reduced to levels to which the human population (including sensitive subgroups) could be exposed on a daily basis without appreciable risk of deleterious effects during a lifetime. For the purposes of this rule, "systemic toxicants" include toxic chemicals that cause effects other than cancer or mutation. (5) For waste-derived constituents where the owner or operator has demonstrated to the director that the constituent is already present in the groundwater at background levels, the proposed concentration level will not be set below background levels unless the director determines that cleanup to levels below background is necessary to protect human health and the environment and such cleanup is in connection with an area-wide remedial action under other authorities. (C) When establishing groundwater remediation standards in accordance with paragraph (B) of this rule, the director may consider the following: (1) Multiple contaminants in the groundwater. (2) Exposure threat to sensitive environmental receptors. (3) Other site-specific exposure or potential exposure to groundwater. (4) The reliability, effectiveness, practicability, and other relevant factors of the remediation procedure.
Last updated March 2, 2026 at 9:52 AM
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