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

Rule 3745-68-05 | Design and operating requirements.


(A) The owner or operator of each new landfill unit, each lateral expansion of a landfill unit, and each replacement of an existing landfill unit must install two or more liners and a leachate collection and removal system above and between the liners, and operate the leachate collection and removal systems in accordance with paragraph (C) of rule 3745-57-03 of the Administrative Code, unless exempted under paragraph (D), (E), or (F) of rule 3745-57-03 of the Administrative Code.

(B) The owner or operator of each unit referred to in paragraph (A) of this rule must notify the director at least sixty days prior to receiving waste. The owner or operator of each facility submitting notice must file a "Part B" application within six months after the receipt of such notice.

(C) The owner or operator of any replacement landfill unit is exempt from paragraph (A) of this rule if:

(1) The existing unit was constructed in compliance with the design standards of Sections 3004(o)(1)(A)(i) and 3004(o)(5) of RCRA; and

(2) There is no reason to believe that the liner is not functioning as designed.

(D) The double liner requirement in paragraph (A) of this rule may be waived by the director for any monofill, if:

(1) The monofill contains only hazardous wastes from foundry furnace emission controls or metal casting molding sand, and such wastes do not contain constituents which would render the wastes hazardous for reasons other than the toxicity characteristic in rule 3745-51-24 of the Administrative Code, with EPA hazardous waste numbers D004 to D017; and



(i) The monofill has at least one liner for which there is no evidence that such liner is leaking;

(ii) The monofill is located more than one-quarter mile from an "underground source of drinking water" (as that term is defined in rule 3745-50-10 of the Administrative Code); and

(iii) The monofill is in compliance with generally applicable ground water monitoring requirements for facilities with permits under Section 3005(c) of RCRA; or

(b) The owner or operator demonstrates that the monofill is located, designed and operated so as to assure that there will be no migration of any hazardous constituent into ground water or surface water at any future time.

(E) In the case of any unit in which the liner and leachate collection system has been installed pursuant to the requirements of paragraph (A) of this rule and in good faith compliance with paragraph (A) of this rule and with guidance documents governing liners and leachate collection systems under paragraph (A) of this rule, no liner or leachate collection system which is different from that which was so installed pursuant to paragraph (A) of this rule will be required for such unit by the director when issuing the first permit to such facility, except that the director will not be precluded from requiring installation of a new liner when the director has reason to believe that any liner installed pursuant to the requirements of paragraph (A) of this rule is leaking.

(F) The owner or operator must design, construct, operate, and maintain a run-on control system capable of preventing flow onto the active portion of the landfill during peak discharge from at least a twenty-five-year storm.

(G) The owner or operator must design, construct, operate and maintain a run-off management system to collect and control at least the water volume resulting from a twenty-four-hour, twenty-five-year storm.

(H) Collection and holding facilities (e.g., tanks or basins) associated with run-on and run-off control systems must be emptied or otherwise managed expeditiously after storms to maintain design capacity of the system.

(I) The owner or operator of a landfill containing hazardous waste which is subject to dispersal by wind must cover or otherwise manage the landfill so that wind dispersal of the hazardous waste is controlled.

[Comment 1: As required by rule 3745-65-13 of the Administrative Code, the waste analysis plan must include analyses needed to comply with rules 3745-68-12, 3745-68-13, and 3745-68-14 of the Administrative Code. As required by rule 3745-65-73 of the Administrative Code, the owner or operator must place the results of these analyses in the operating record of the facility.]

[Comment 2: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled "Incorporated by reference."]

Supplemental Information

Authorized By: 3734.12
Amplifies: 3734.12
Five Year Review Date:
Prior Effective Dates: 12/30/1989, 2/11/1992, 2/14/1995, 12/7/2004