Chapter 3745-535 | Municipal Solid Waste Landfill Operations

Rule 3745-535-01 | Solid waste landfills - applicability.

• Effective: June 15, 2024
• Promulgated Under: 119.03

(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 17, 2024 at 8:42 AM

Supplemental Information

Authorized By: 3734.02, 3734.041, 3734.12, 3734.57
Amplifies: 3734.02, 3734.03, 3734.041, 3734.05, 3734.12, 3734.57
Five Year Review Date: 6/15/2029

Rule 3745-535-02 | Definitions.

• Effective: June 15, 2024
• Promulgated Under: 119.03

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) [Reserved.]

(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) [Reserved.]

(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.

(Q) [Reserved.]

(R) "Residual landfill" has the same meaning as in rule 3745-30-01 of the Administrative Code.

(S) "Secondary aluminum waste" has the same meaning as in section 3734.02 of the Revised Code.

(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, ground water monitoring, and financial assurance requirements.

Last updated June 17, 2024 at 8:42 AM

Supplemental Information

Authorized By: 3734.02, 3734.12
Amplifies: 3734.02, 3734.12
Five Year Review Date: 6/15/2029

Rule 3745-535-500 | Construction certification.

• Effective: June 15, 2024
• Promulgated Under: 119.03

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 17, 2024 at 8:43 AM

Supplemental Information

Authorized By: 3734.02, 3734.12
Amplifies: 3734.02, 3734.12
Five Year Review Date: 6/15/2029
Prior Effective Dates: 3/1/1990, 2/1/1995, 3/1/1996, 8/15/2003

Rule 3745-535-600 | General operations.

• Effective: June 15, 2024
• Promulgated Under: 119.03

(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 17, 2024 at 8:43 AM

Supplemental Information

Authorized By: 3734.02, 3734.12
Amplifies: 3734.02, 3734.05, 3734.07, 3734.11, 3734.12
Five Year Review Date: 6/15/2029
Prior Effective Dates: 7/29/1976, 2/1/1995, 8/15/2003, 7/1/2004

Rule 3745-535-610 | Waste acceptance and placement.

• Effective: June 15, 2024
• Promulgated Under: 119.03

(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

Supplemental Information

Authorized By: 3734.02, 3734.12
Amplifies: 3734.02, 3734.12
Five Year Review Date: 6/15/2029
Prior Effective Dates: 6/1/1994, 3/1/1996, 8/15/2003, 7/1/2004

Rule 3745-535-620 | Disposal restrictions.

• Effective: June 15, 2024
• Promulgated Under: 119.03

(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 17, 2024 at 8:44 AM

Supplemental Information

Authorized By: 3734.02, 3734.12
Amplifies: 3734.02, 3734.021, 3734.027, 3734.05, 3734.12
Five Year Review Date: 6/15/2029
Prior Effective Dates: 7/29/1976, 1/1/2017

Rule 3745-535-630 | Daily, intermediate, and final cover.

• Effective: June 15, 2024
• Promulgated Under: 119.03

(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

Supplemental Information

Authorized By: 3734.02, 3734.12
Amplifies: 3734.02, 3734.12
Five Year Review Date: 6/15/2029
Prior Effective Dates: 3/1/1990, 6/1/1994, 2/1/1995, 3/1/1996, 11/1/2007, 1/1/2017

Rule 3745-535-650 | Surface water and leachate management.

• Effective: June 15, 2024
• Promulgated Under: 119.03

(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 17, 2024 at 8:44 AM

Supplemental Information

Authorized By: 3734.02, 3734.12
Amplifies: 3734.02, 3734.12
Five Year Review Date: 6/15/2029
Prior Effective Dates: 3/1/1990, 2/1/1995

Rule 3745-535-660 | Annual report.

• Effective: June 15, 2024
• Promulgated Under: 119.03

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 17, 2024 at 8:45 AM

Supplemental Information

Authorized By: 3734.02, 3734.12
Amplifies: 3734.02, 3734.12
Five Year Review Date: 6/15/2029
Prior Effective Dates: 6/1/1994, 8/15/2003, 11/1/2007, 1/1/2017

Rule 3745-535-670 | Ten year design update.

• Effective: June 15, 2024
• Promulgated Under: 119.03

(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

Supplemental Information

Authorized By: 3734.02, 3734.12
Amplifies: 3734.02, 3734.05, 3734.12
Five Year Review Date: 6/15/2029
Prior Effective Dates: 7/29/1976, 6/1/1994, 1/1/2017